HomeMy WebLinkAboutConway Estate 1000-54.-7-21.7 MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
rneiissa.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
September 22,2011
CONWAY ESTATE to TOWN OF SOUTHOLD
Development Rights Easement - 28.9932 acres
SCTM #: part of t000-54.-7-21.7
Location: 4395 Horton Lane, Southold
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 August 3, 2011, between Joseph A.
Conway, individually and as Co-Executor of the Estate of Julia D. Conway, and Robert J.
Conway, as Co-Executor of the Estate of Julia D Conway, and Joseph A. Conway and
Robert J. Conway as Co-Trustees of the Testamentary Trust of Joseph M. Conway and the
Town of Southold, recorded in the Suffolk County Clerk's office on 8/16/2011, in Liber
D00012668 at Page 570
· Original title insurance policy #27-031-06-33-54792 issued by Fidelity Title Insurance
Company on August 3, 2011, in the insured amount of $1,812,075.00 (title #F10-7404-
80567SUFF)
· Closing Statement
Thank you.
Melanie
encs.
cc: Assessors w/copy of recorded easement & survey map
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
T~lOe of Instrument: EASEMENT
Number of Pages: 28
Receipt Number : 11-0091902
TRANSFER TAX NUMBER: 11-01185
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
054.00 07.00
EXAMINED AND CHARGED AS FOLLOWS
$1,812,075.00
Received the Following Fees For Above Instrument
Exempt
Page/Filing $140.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert. Copies $0.00 NO RPT
Transfer tax $0.00 NO Comm. Pres
Fees Paid
TRANSFER TAX NUMBER:
11-01185
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
PRESERVATION
JUDITH A. PASCALE
County Clerk, Suffolk County
08/16/2011
04:01:59 PM
D00012668
570
Lot:
021. 007
Exempt
$20.00 NO
$15.00 NO
$0.00 NO
$30.00 NO
$0.00 NO
$215.00
,Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
Page/Filing Fee / (p(p . '"
Handling (~ 00
TP-584 _ ,: J
Notation
EA-52 17 (County)
EA-5217 (State) ~
R.P.T.S.A. ~/¢0 -
Comm. of Ed. 5. 00
Affidavit
Certified Copy
NYS Surcharge 15. 00
Other
Deed / Mortgage Tax Stamp
4 [ Dist./d00
Real Property
Tax Service
Agency
Verification
FEES
6
11017210 iooo os400 0700 021007
RECORDE[:,
20ii Auq 16
· JU[:4TH A. F'ASCALE
C:LERK OF
9JFFOLK L':OUH T'-/
L [:'000i 266E;
F' .J~ 0
I'~'~ording / Filing Stamps
Mo-r~'~gage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town _. Dual County __
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO _.
If NO, see appropriate tax clause on
Sub Total_ ~ -
page # of this instmme!fit
~ 5 I Community "
Prese~atio~ ~nd
*
Improved
Vacant Land
TD
TD
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY 11901
www-suffolkcountyny, gov/clerk
8
[~-~itle Company Information
L Tide ~ ~/~
Suffolk CountjcRecordin ndorsement Pa egg__
made by:
This page forms part of the attached ~(-~/VT- oF' ~q~ . /(~
~ ~/~ .~ . ~tl~ E~c~ (SPEC~YTYPEOF~STRUME~W~
_~¢,4m o~ 4oz/~ ,¢, ~04~ *m~ The premises herein is situated in
~ ~m~y ~?~ ~S~ ~ t~w~ SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of
/ OZOA/ ~F ~Oq~ In the VILLAGE
or H~LET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED ~ BLACK ~K O~Y P~OR TO RECO~ING OR F~G.
IMPORTANT NOTICE '
If the document you've just recorded is your SATISFACTION OF MORTGAI'-~% please be aware of
the following:
If a portion of your monthly mortgage payment included your property taxes, *you will now need to
contact your local Town Tax Receiver so that you may be billed directly for all future property tax
statements.
Local property taxes are payable twice a year: on or before January 10~ 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
Brookhaven Town Receiver of Taxes
One Independence Hill
Farmingville, N.Y. 1 I738
(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
Suffolk County Clerk
12-0104.. 06/06kd
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT is made on
the ,_'~/~- day of August, 2011 at Southold, New York. The parties are
Joseph A. Conway, 6005 Morton Lane, Southold, New York 11971
individually and as Co-Executor of the ESTATE OF JULIA D. CONWAY,
and Robert ]. Conway, 11527 Savannah Lakes Drive, Parrish, Florida
34219 as Co-Executor of the ESTATE OF JULIA D. CONWAY, as to 50%
interest, and Joseph A. Conway, 6005 Horton Lane, Southold, New
York 11971 and Robert ]. Conway, 11527 Savannah Lakes Drive,
Parrish, Florida 34219 as Co-Trustees of the Testamentary Trust of
Joseph M. Conway, as to 50% interest (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 #1000-54-7-21.4 (formerly known as SCTM
#1000-54-7-21.1) 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 Peconic Surveyors,
P.C., dated August 1, 2001 and last revised June 3, 2011 (a reduced
copy of which is attached hereto and made a part hereof and
hereinafter referred to as the "Survey"); and
WHEREAS, the Property 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 sod production; 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 substantial
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 ONE N:[LL]~ON EIGHT
HUNDRED TWELVE THOUSAND SEVENTY-F:[VE AND 00/100 DOLLARS
($1,812,075.00) 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 HAVEAND 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, and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the
State of New York State and is authorized under {}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 Recoqnition
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"). This Baseline Documentation includes, but
need not be limited to, a survey dated August 1, 2001, last revised
June 3, 2011 prepared by Peconic Surveyors, P.C., a Phase T
Environmental Site Assessment dated December 13, 2010 by Cashin
Technical Services, THC., a Phase T! Subsurface Soils Investigation
dated May 11, 2011 by Cashin Technical Services, ]~nc.;
correspondence dated ,luly 27, 2011 from Greg Menegio of
Enviroscience Consultants, Inc. to Joseph Conway regarding soil
remediation performed at the Property, and an aerial photograph
dated 2004.
Grantor and Grantee acknowledge and agree that in the event a
controversy 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,
4
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 presently referenced in §247 of
the General IVlunicipal Law and/or defined in Chapter 70 of the Town
Code of the Town of Southold (the "Town Code" or "Code") now, or as
said Chapter 70 may be amended, and including the production of
crops, livestock and livestock products as defined in §301(2)(a)-(j) of
the New York State Agriculture and Markets Law ("Agriculture and
Markets Law"), now, or as said §301(2)(a)-(j) may be amended,
provided said amended provisions are inherently similar in nature to
those crops, livestock and livestock products included as of the date of
this Easement. 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 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
roads, farm irrigation systems, nursery mats, or fencing necessary for
agricultural operations or 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; Non-Merger
This Easement, which easement shall not merge with the fee but
shall remain as a good and valid easement, separate and apart from
any other interest of the Grantee, and is to remain and continue as an
existing and enforceable 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, manage 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" and/or
"Grantee" when used herein shall include all of those persons or
entities.
ARTICLE TWO
SALE
GRANTOR, for ONE MILLION EIGHT HUNDRED TWELVE
THOUSAND SEVENTY-FIVE AND 00/100 DOLLARS ($1,812,075.00)
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 Southold Town Land Preservation
Committee ("Land Preservation Committee") and other applicable
provisions of the Town Code and Sections 1.02 and 4.06 of this
Easement.
3.02 Excavation and Removal of Materials; Mining
Mineral exploitation, and extraction of any mineral (including,
but not limited to soil, gravel, sand and hydrocarbons) by any method,
6
surface or subsurface, is prohibited. Grantor shall not remove or fill
topsoil, sand, or any other materials, nor shall the topography of the
Property be changed except in connection with the construction and
maintenance of any structure or improvement expressly permitted to
be placed or constructed on the Property, under the terms herein.
Grantor may remove topsoil, sand or other materials for
purposes or erosion control and soil management only with the prior
written approval of Grantee. The Land Preservation Committee has the
right to require a Natural Resources Conservation Service (NRCS) farm
management plan for the Property prior to the removal of topsoil, sand
or other materials, based on the extent and type of materials removed
or on the alteration of the topography of the Property.
Agricultural practices that are determined to be in accordance
with an NRSC farm management plan shall not be prohibited.
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.
Grantor may, subject to approval by the Planning Board of the
Town of Southold and as otherwise required by applicable law,
subdivide the property, provided that all resulting parcels contain at
least 10 acres of preserved agricultural land subject to a development
rights easement or other conservation instrument. Such subdivision
may not defect nor derogate from the purpose of this Easement or
other applicable law.
3.04 Dumpinq
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,
utility poles, wires, pipes, wells or drainage systems ("utilities") on the
Property to service structures approved pursuant to {}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 not be used for the creation or placement of utilities to
service any other properties.
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 presently referenced in {}247 of
the General IVlunicipal Law and/or defined in Chapter 70 of the Town
Code, now, or as said Chapter 70 may be amended 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 said
§30:~(2)(a)-(j) may be amended, provided said amended provisions
are inherently similar in nature to those crops, livestock and livestock
products included as of the date of this Easement, shall not be
considered a commercial use.
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 Riqhts
The use of the acreage of this Property for purposes of
calculating lot yield on any other Property shall be prohibited. Grantor
hereby grants to Grantee all existing development rights (and any
further development rights that may be created through a rezoning of
the Property) on the Property, except for the right to construct,
maintain and replace any pre-existing structures, and to construct new
structures, as such rights may be provided in Section 4.06, and the
parties agree that 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 R:[GHTS
4.01 Ownership
9
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 ARTI~CLE 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 Landscapinq 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 Agricultural Production and Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is presently referenced in {}247 of the General
Municipal Law and/or defined in Chapter 70 of the Town Code, now, or
as said Chapter 70 may be amended and including the production of
10
crops, livestock and livestock products as defined in §301(2)(a)-(j) of
the Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may
be amended, provided said amended provisions are inherently similar
in nature to those crops, livestock and livestock products included as
of the date of this Easement. No future restriction 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 Section 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
A. Allowable ~[mprovements. Grantor shall have the right to
erect and maintain the following improvements on the Property, as
may be permitted by the Town Code and subject to the approval of the
Town of Southold Land Preservation Committee, provided the
improvements are consistent with and do not derogate from or defeat
the Purpose of this Easement or other applicable laws:
(i)
Underground facilities used to supply utilities solely
for the use and enjoyment of the Property;
(ii) Existing irrigation well;
New construction, including drainage improvement
structures, provided such structures are necessary
for or accessory to agricultural production;
(iv)
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;
(v)
Notwithstanding anything to the contrary contained
in this Easement, lot coverage shall be limited to
twenty (20) percent.
B. Conditions. Any allowable improvements shall protect
prime agricultural soils, agricultural production, open space and scenic
vistas, and otherwise be consistent with the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent
with the purposes intended herein, and construction of any such
improvement shall minimize disturbances to the environment. Grantor
shall employ erosion and sediment control measures to mitigate any
storm water runoff, including but not limited to minimal removal of
vegetation, minimal movement of earth and minimal clearance of
access routes for construction vehicles.
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, in the case of a transfer to an entity,
the individual principals thereof. 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
12
Easement by reference, specifically setting forth the date, and that the
provisions hereof shall not affect Grantee's rights hereunder or the
validity of this Easement.
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.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments
and other governmental or municipal charges, which may become a
lien on the Property, including any taxes or levies imposed to make
those payments, subject, however, to Grantor's right to grieve or
contest such assessment. 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
solely from the acts of Grantee, its officers, employees, agents, or
independent contractors.
5.04 Grounds Maintenance Requirement
If Grantor leaves the Property open and follow and does not
engage in agricultural production for two (2) consecutive years, then
Grantor shall implement an NRCS Plan (the "Plan") approved by the
Land Preservation Committee. Grantor shall provide Grantee
reasonable opportunity to initiate agricultural production or prepare
the Property for agricultural production. Following the failure by the
Grantee to reasonably comply after the completion of one growing
season, Grantee shall have the right to enter the Property and restore,
prepare and maintain the Property for future commercial agricultural
use in order to protect the environmental, natural, scenic and
agricultural values of the Property and to insure the Property remains
viable for agricultural production. In the event Grantor fails to comply
with the provisions of this section after the completion of one growing
season, 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 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 by the public.
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
t4
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 ten (10) days' notice thereof by Grantee
(which notice requirement is expressly waived by Grantor with respect
to any such breach, default or violation which, in Grantee's reasonable
judgment, requires immediate action to preserve and protect any of
the agricultural values or otherwise to further the purposes of this
Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election:
(i)
To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii)
To enter upon the Property and exercise reasonable efforts
to terminate or cure such breach, default or violation
and/or to cause the restoration of that portion of the
Property affected by such breach, default or violation to
the condition that existed prior thereto, or
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.
Grantor shall pay either directly or by reimbursement to
Grantee, all reasonable attorneys' fees, court costs and other expenses
incurred by Grantee (herein called "Legal Expenses") in connection
with any proceedings under this Section, as approved by the Court.
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 ten (10) days.
6.04 Notice
All notices required by this Easement must be written. Notices
shall be delivered by hand or by registered or certified mail, return
receipt requested, with sufficient prepaid postage affixed and with
return receipts requested. Hailed 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.
Hailed 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
Grantee's exercise of one remedy or relief under this ARTICLE
SI~X 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 of Easement/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. ]~n 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, in accordance with Section 7.11 herein.
ARTTCLE SEVEN
MISCELLANEOUS
7.0:[ Entire Understanding
This Easement contains the entire understanding between its
parties concerning its subject matter. Any prior agreement between
the parties concerning its subject matter shall be merged into this
Easement and superseded by it.
7.02 Amendment
This Easement is made with the intention that it shall qualify as
a conservation easement in perpetuity under Code Section 170(h).
The parties agree that amendments to the provisions of this Easement
may be permitted by Grantee if such amendment shall be necessary to
entitle Grantor to meet the requirements of Code Section :[70(h)
and/or to enable Grantee to amplify the public benefits attributable to
this Easement.
This Easement can be amended and modified only in accordance
with the common and statutory laws of the State of New York
applicable to the modification of easements and covenants running
with the land. Grantee and Grantor shall mutually have the right to
agree to amendments to this Easement, provided however, that
Grantee shall have no right or power to agree to any amendment
hereto that would result in this Easement failing to qualify as a valid
conservation easement under Article 49, Title 3 of the Environmental
Conservation Law of the State of New York, as the same may be
hereafter amended, or any regulation issued pursuant thereto.
7.03 Alienation
17
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.
Tn 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 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 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
]8
this Easement shall be construed against the party whose attorney
drafted it. Tf any provision of this Easement is ambiguous or shall be
subject to two or more interpretations, one of which would render that
provision invalid, then that provision shall be given such interpretation
as would render it valid and be consistent with the purposes of this
Easement. Any rule of strict construction designed to limit the breadth
of the restrictions on use of the Property shall not apply in the
construction or interpretation of this Easement, and this Easement
shall be interpreted broadly to effect the purposes of this Easement as
intended by the parties. The parties intend that this Easement, which
is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate
its purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall 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 Recordinq
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 Headinqs
The headings, titles and subtitles herein have been inserted
solely for convenient reference, and shall be ignored in its
construction.
7.11 Proceeds
The grant of this Easement gives rise to a property right,
immediately vested in Grantee, which, for purposes of calculating
proceeds from a sale or other disposition of the Property as
contemplated under Section 6.06 (Extinguishment of Easement), shall
have a value equal to a percentage of the value of the Property
unencumbered by this Easement (the "Proportionate Share"). The
19
Proportionate Share is determined by dividing the value of this
Easement, calculated as of the date hereof, by the unencumbered
value of the Property, as reflected in an appraisal obtained by Grantee
dated November 18, 2009 and updated November 23, 2009. The
Proportionate Share is 66.6%. The Proportionate Share shall remain
constant (subject to reasonable adjustment to the extent permissible
under Section 170(h) of the Internal Revenue Code for any
improvements which may hereafter be made on the Property).
fN WITNESS WHEREOF, Grantor has executed and delivered and
Grantee has accepted and received this Deed of Easement on the day
and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
EST,,mE OF JULIA D. CONWAY, Grantor
p . Conwa¥, Co-Executor
Robert ~I. Conway, Co-~xecutor
· Conway, Indiv/ifJually
TESTAMENTARY TRUST OF
JOSEPH M. CONWAY, Grantor
~seph A. Conway, C~Trustee
~ol~ert~. Con~'~y, ~rustee
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
A. Russell, Supervisor
2O
State of New York )
County of ~u~:~*t~ ), ss:
On the ~ day of ~ in the year 2011 before me, the undersigned,
personally appeared Joseph A. Conway, 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.
Signature/o~'ce of individual taking acknowledgement
pATRICIA k. FALLON
Notary Public, State Of New Yorl(
No. 01FA4950146
STATE OF NEW YORK ) Qualified In Suffolk County , j
COUNTY OF SUFFOLK ) SS: Commission Expires April 24, ~.~f/~
On this ~-~-day of ~/'/~G. in the year 2011 before me, the undersigned,
personally appeared Robert .]. Conway 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
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this3Vl~day of
PATRICIA L. FALLON
Notary Public, State Of NewYork
No. 01FA4950146
Qualified In Suffolk County
Commission Expires April 24,
in the year 2011 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
PATR1CIA L. FALLON
Notary Public, State Of New Yore
No. 01 FA4950146
Qu~li',ied In Suffolk County
Commission Expires April 24, ,~
2]
FIDELITY NATIONAL TITLE INSURANCE COMPANY
TITLE NO. FI0-7404-80567SUFF
SCHEDULE A-I (Description)
(Continued)
DEVELOPMENT RIGHTS EASEMENT AREA
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk
and State of New York, being bounded and described as follows:
BEGINNING at a point on the southwesterly side of Horton Lane distant the following 3 courses and distances from the
intersection of the southeasterly side of Jennings Road with the southwesterly side of Horton Lane;
1) southeasterly 568 feet;
2) South 40 degrees 28 minutes 30 seconds East, 195.29 feet;
3) South 47 degrees 34 minutes 00 seconds West, 205.00 feet along the northerly line of land now or formerly ofT. &. C.
Conway to the point or place of beginning;
RUNNING THENCE the following two courses and distances along land now or formerly ofT. & C. Conway:
I) South 42 degrees 26 minutes 00 seconds East, 214.88 feet;
2) North 47 degrees 34 minutes 00 seconds East, 197.66 feet to the southwesterly side of Horton Lane;
THENCE the following 3 courses and distances along the southwesterly side of Horton Lane:
I) South 40 degrees 28 minutes 30 seconds East, 93.05 feet;
2) South 42 degrees 20 minutes 00 seconds East, 799.75 feet;
3) South 37 degrees 13 minutes 18 seconds East, 113.02 feet;
THENCE South 48 degrees 29 minutes 30 seconds West, 193.77 feet;
THENCE South 37 degrees 13 minutes 18 seconds East, 414.01 feet to land now or formerly of Abbatiello;
THENCE along the land now or formerly of Abbatiello, South 48 degrees 29 minutes 30 seconds West, 723.62 feet to
land now or formerly of Damianos;
THENCE the following three courses and distances along land now or formerly of Damianos:
1) North 35 degrees 02 minutes 20 seconds West, 870.14 feet;
2) North 34 degrees 18 minutes 50 seconds West, 451.87 feet;
3) North 35 degrees 19 minutes 50 seconds West, 309.81 feet to land now or formerly of Joseph Conway;
THENCE along land now or formerly of Joseph Conway, North 47 degrees 34 minutes 00 seconds East, 557.93 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 ONLY: Together with 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 A-I (Description)
SURVEY.FOR THE T~gWN'OF SOUTHOLD
AT SOUTHOLD
TOWN OF $OUTHOLD
SUFFOLK COUNTY, N.Y.
· f000-$4-07-2~ !
SCAL~: ~"~00'
KEY NAP
SCALE: 1 '=600'
N/OFF T. ~ ~/A¥
HoBTON 79E~'
AREA=30.8297 ACRES
~'OWN OF SOUTHOLD
]0.8297 ACRES
OFidelity National Title Insurance Company
Policy Number:
27-031-06-33- 54792
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06)
WITH NEW YORK COVERAGE ENDORSEMENT APPE~OEO
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
~CHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corpora-
uon (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy,
against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or 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 (6/08) 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. Tire 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 altemative remedy, of a transfer of
alt 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 maUer included in Covered Risks 1 through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this
Policy, but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed by its duly authorized officers.
Fidelity National Title Insurance Company
By:
ATTEST
Secretary
Countersigned:
Authorized Signature
FORM 27-031-06-33 (6/08) ,, o. ALTA Owner's Policy (6 17 06) w/New York coverage Endorsement Appended
OFidelity National Title Insurance Company
Policy No.: 27-031-06-33-54792
Title No.: FI0-7404-80567SUFF
Amount of Insurance: $1,812,075.00
I. Name of Insured:
SCHEDULE A
Date of Policy: August 3, 2011 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
Grant of Development Rights Easement made by Joseph A. Conway, individually and as Co-Executor of the
Estate of Julia D. Conway and Robert J. Conway, as Co-Executor of the Estate of Julia D. Conway as to 50%
interest and Joseph A. Conway and Robert J. Conway as Co-Trustees of the Testamentary Trust of Joseph M.
Conway, as to 50% interest dated August 3,2011, recorded August 16, 201 l in Liber 12668 page 569.
The land referred to in this policy is described as follows:
See Schedule A-I (Description), following.
Schedule A Owner's Policy Page I
Rev (02/04)
OFidelity National Title Insurance Company
Policy No: 27-031-06-33-54792
Title No.: F I 0-7404-80567SUFF
SCHEDULE A-I
Description
AMENDED 06/15/1 I
OVERALL DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk
and State of New York, being bounded and described as follows:
BEGINNING at a point on the southwesterly side of Horton Lane distant the following 3 courses and distances from the
intersection of the southeasterly side of Jennings Road with the southwesterly side of Horton Lane;
I ) southeasterly 568 feet;
2) South 40 degrees 28 minutes 30 seconds East, 195.29 feet;
3) South 47 degrees 34 minutes 00 seconds West, 205.00 feet along the northerly line of land now or formerly of T. &. C.
Conway to the point or place of beginning;
RUNNING THENCE tile following two courses and distances along land now or formerly ofT. & C. Conway:
I) South 42 degrees 26 minutes 00 seconds East, 214.88 feet;
2) North 47 degrees 34 minutes 00 seconds East, 197.66 feet to the southwesterly side of Horton Lane;
'/HENCE the l'ollowing 3 courses and distances along the southwesterly side of Horton Lane:
l ) South 40 degrees 28 minutes 30 seconds East, 93.05 feet;
2) South 42 degrees 20 minutes 00 seconds East, 799.75 feet;
3) South 37 degrees 13 minutes 18 seconds East, 527.03 feet to land now or formerly of Abbatiel[o;
THENCE along land now or formerly of Abbatiello South 48 degrees 29 minutes 30 seconds West, 917.39 feet to land
now or formerly of Damianos;
THENCE tile following three courses and distances along land now or formerly of Damianos:
I) North 35 degrees 02 minutes 20 seconds West, 870.14 feet;
2) North 34 degrees 18 minutes 50 seconds West, 451.87 feet;
3) North 35 degrees 19 minutes 50 seconds West, 309.81 feet to land now or formerly of Joseph Conway;
THENCE along land now or formerly of Joseph Conway, North 47 degrees 34 minutes 00 seconds East, 557.93 feet to the
point or place of BEGINNING.
DEVELOPMENT RIGHTS EASEMENT AREA
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk
and State of New York, being bounded and described as follows:
Schedule A-I (Dcscriplion) Owner's Policy Page 2
Rcv (02/04)
FIDELITY NATIONAL TITLE INSURANCE COMPANY
Poi icy No.: 27-031-06-33-54792 Title No.: F 10-7404-80567SUFF
SCHEDULE A-I
Continued
BEG INN lNG at a point on the southwesterly side of Horton Lane distant the lbllowing 3 courses and distances from the
intersectiou of the southeasterly side of Jennings Road with the southwesterly side of Horton Lane;
I ) southeasterly 568 feet;
2) South 40 degrees 28 minutes 30 seconds East, 195.29 feet;
3) South 47 degrees 34 minutes 00 seconds West, 205.00 feet along the northerly line of land now or formerly ofT. &. C.
Conway to the poiut or place of beginning;
RUNNING THENCE the following two courses and distances along land now or formerly ofT. & C. Conway:
1) South 42 degrees 26 minutes 00 seconds East, 214.88 feet;
2) North 47 degrees 34 minutes 00 seconds East, 197.66 feet to the southwesterly side of Horton Lane;
THENCE the following 3 courses and distances along the southwesterly side of Horton Lane:
1 ) South 40 degrees 28 minutes 30 seconds East, 93.05 feet;
2) South 42 degrees 20 minutes 00 seconds East, 799.75 feet;
3) South 37 degrees 13 minutes 18 seconds East, 113.02 feet;
THENCE South 48 degrees 29 minutes 30 seconds West, 193.77 feet;
THENCE South 37 degrees 13 miuutes 18 seconds East, 414.01 feet to land now or formerly of Abbatiello;
TItENCE along the laud now or formerly of Abbatiello, South 48 degrees 29 minutes 30 seconds West, 723.62 feet to
land now or formerly of Damianos;
THENCE the lbllowing three courses and distances aloag land now or formerly of Damianos:
I) North 35 degrees 02 minutes 20 seconds West, 870.14 feet;
2) North 34 degrees 18 minutes 50 seconds West, 451.87 feet;
3) North 35 degrees 19 minutes 50 seconds West, 309.81 feet to land now or formerly of Joseph Conway;
THENCE along land now or formerly of Joseph Conway, North 47 degrees 34 minutes O0 seconds East, 557.93 feet to the
point or place of BEGINNING.
FOR INFORMATION ONLY - "Reserved Area"
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk
and State of New York, being bounded and described as follows:
BEG INN lNG at a point on the southwesterly side of Horton Lane where the same is intersected by the northerly line of
land now or formerly of Abbatiello;
RUNN lNG THENCE along the land now or formerly of Abbatiello, South 48 degrees 29 minutes 30 seconds West,
193.77 feet;
THENCE North 37 degrees 13 minutes 18 seconds West, 414.01 feet;
THENCE North 48 degrees 29 minutes 30 seconds East, 193.77 feet to the southwesterly side of Horton Lane;
Schedule A-I (Description) Owner's Policy
Rev (02/04)
Page 3
FIDELITY NATIONAL TITLE INSURANCE COMPANY
Policy No.: 27-031-06-33-54792 Title No.: FI0-7404-80567SUFF
SCHEDULE A-I
Continued
THENCE along the southwesterly side of Horton Lane South 37 degrees 13 minutes 18 seconds East, 414.01 feet to the
point or place of BEGINNING.
Schedule A-I (Description) Owner's Policy Page 4
Rev (02/04)
OFidelity National Title Insurance Company
Policy Number: 27-031-06-33-54792 Title No.: F10-7404-80567SUFF
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 off
Survey made by Peconic Surveyors, P.C. dated 08/01/01 and last dated 06/03/11 shows part of premises as farm
field and part of premises ilnproved with a 2 sto~y frame house; frame garage; 2 frame barns; 3 frame buildings.
Fences vary with part of westerly and part of southerly record lines.
Schedule B Owner's Policy Page 5
Rcv (02/04)
OFidelity National Title Insurance Company
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
The following is added as a Covered Risk:
"1 I. 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:
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 controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior
endorsemants.
Fidelity National Title Insurance Company
SI ANDARD NEW YORK ENDORSEMENT (I I/I/08)
FOR USE WII'H ALTA LOAN POLICY (6-17-06)
~XCLU~IONS FROM COVERAGE
The following matlers are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason
of:
1. (al Any law, m'dinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(il the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any imprnvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or govemmenlal regulations. This Exclusion I(a) does not modify or limit the coverage provided under
Covered Risk 5.
lb) Any governmental police power. This Exclusion l(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 :
(al 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;
lc) 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
(el 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
la) a fraudulent conveyance or fraudulent transfer; or
lb} 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 amhority 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 IBIlowing terms when used in this policy mean:
la) "Amount of Insurance': The amount stated in Schedule A, as may be
creased or decreased by endorsement to this policy, increased by Section
8lb). or decreased by Sections l0 and l I of these Conditions.
lb) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company, or
other similar legal entity.
(d) "Insured": The Insured named in Schedule A,
(il The term"lnsured" also includes
(Al successors to the Title of the insured by operation of law as dis-
bnguished from pumhase, including heirs~ devisees, survivors,
personal representatives, or next of kin;
lB) successors to an Insured by dissolutiom merger, consolidation,
distribution, or reorganization;
lC) 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
(I) if the stock, shares, memberships, or other equity interesls
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 (Al, lB), lC), and (D) reserving, however, all rights
and defenses as to any successor that the Company would have had
against any predecessor Insured.
(el "Insured Claimant": An Insured claiming loss or damage.
(fl "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 thai impart constructive notice of matters afl~cting the
Title.
(gl "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 easemem 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.
{il "Public Records": Records established under state statutes al 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
FORM74-031-0633
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.
(il "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 fome 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 warramies
in any transfer or conveyance of the Title. This policy shall not continue in fome in
favor of any purchaser from the Insured of either (il an estate or interest in the Land. or
(ii) an obligation secured by a pumhase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Ensured shall notify the Company promptly in writing (il in case of any litigabon
as set forth in Section 5(al 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 danmge, the
Company may, at its option, require as a condition of payment that the Ensured Claimant
furnish a signed proof of loss. The proof of loss must describe the defect, lien,
encumbrance, or other matter insured against by this policy that constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of calculating the amount
of the loss or damage.
DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options contained in
Section 7 of these Conditions, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of an Insured in litigation
in which any third party asserts a claim covered by this policy adverse to
the Insured, This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company shall have the
right to select counsel of its choice (subject to the right of the Insured to
object lBr 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 temrs of this policy, whether or not it shall be liable to the
Insured. The exercise of these rights shall not be an admission of liability
or waiver of any provision of this policy, If the Company exercises its
rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or
permitted by this policy, the Company may pursue the litigation to a final
determination by a court o f 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 fight 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 Conrpany 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
puny 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 pemfis-
sion to secure reasonably necessary information from third parties as re-
quired in this subsection, unless prohibited by law or governmental regula-
tion, shall temrinate 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 Coin-
party up to the time of payment and that the Company is obligaled to
pay; or
(ii) To pay or otherwise settle with the lnsured 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 74-031-06-33
fized 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 inde~nnity against actnal monetary loss or damage
sustained or incurred by the Insured Claimant who has sufl~red loss or damage by
reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy
shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value
of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions and is
unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured 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 Ihe 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
nranner 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 Conrpany 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 LI-
ABILITY
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, assunred, or taken subject, or which is executed by an
Insured after Date of Policy and which is a charge or lien on the Title, and the amount
so paid shall be deemed a payment to the insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in
accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this policy,
it shall be subrogated and entitled to the rights of the Insured Claimant in
the Title and all other rights and remedies in respect to the claim that the
Insured Claimant has against any person or property, to the extent of the
amount of any loss, costs, attorneys' fees, and expenses paid by the Company.
If requested by the Conrpany, the Insured Clainrant shall execute documents
to evidence the transfer to the Company of these rights and remedies. The
Insured Claimant shall permit the Company to sue, compromise, or settle in
the name of the Insured Claimam 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 Conrpany shal! defer the exercise of its right to recover
until after the lnsured 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 ternrs or conditions contained in those instrmnents that
address subrogation rights.
ALTA Owner's Policy (6-17-06) w/New York coverage Endorsenrent Appended
14. ARBITRATION
Either the Company or the Insured may demand that the clailn or controversy
shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the
Axnerican Land Title Association ("Rules"). Except as provided in the Rules, there
shall be no joinder or consolidation wilh claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy or claixn 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 risc to this policy. All arbitrable
matters when the Amoum of Insurance is $2.000,00(/or less shall be arbitrated at the
option of either the Company or the Insure& All arbitrable matters when the Amount
of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both
the Company and the Insured. Arbitration pursuant to this policy and under the Rules
shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s)
may be entered in any court of competent jurisdiction.
!5. LIABILITY LIMITED TO THIS POLICYi POLICY ENTIRE CONTRACT
Ia) 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 wbole
(bi 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.
Icl 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.
Id) Each endorsement to this policy issued at any time is made a part of this
policy and is subject to all oI its terms and provisions. Except as the en-
dorsement expressly states, it does not Ii) modify any of the terms and pro
visions of the policy, (ii) modify any prior endorsement, (iii) extend Ire
Date of Policy, or (iv) increase the Amount of Insurance
16. SEVERABILITY
In the event any provision of this policy, in whole or in pan. 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
fome and effect.
17. CHOICE OF LAW; FI)RUM
Ia) 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 atIkcting 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 validily of claims against the
Title tbat are adverse to the Insured and to interpret and enforce the terms of
this policy. In neither case shall the court or arbitrator apply its conflicts of
law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured
against the Company must be filed only in a state or t~deral 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 al
Fidelity National Title Company
Arm: Claims Department
EO. Box 45023
Jacksonville. Florida 32232-5023
FORM 27 031 06 33 (6/08) ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
TM
Fidelity National Title Insurance Company
P.O. Box 45023
Jacksonville, Florida 32232-5023
CLOSING STATEMENT
JOSEPH A. CONWAY and ROBERT J. CONWAY, as Trustees of the Testamentary
Trust of the ESTATE OF JOSEPH M. CONWAY, and JOSEPH A. CONWAY,
individually and as Co-Executor and ROBERTJ. CONWAY, as Co-Executor of the
Last Will and Testament of JULIA D. CONWAY
to TOWN OF SOUTHOLD
Total Development Rights Easement - 28.9932 acres
Total Parcels Acreage - 30.8297 acres
Reserved Area - 80,000 square feet
Premises:
4395 Horton Lane, Southold
Part of SCTM #1000-54.-7-21.4
Closing took place on Wednesday, August 3, 2011
at 10:00 a.m., Southold Town Hall Annex
Purchase Price of $1,812,075.00 (based upon 28.9932 buildable acres
$62,500/buildable acre) disbursed as follows using CPF funds:
Payable to Estate of Julia D. Conway
Check #I 10935 (8/2/2011)
$ 906,037.50
Payable to Joseph M. Conway Testamentary Trust $
Check #110961 (81212011)
906,037.50
Expenses of Closing:
Appraisal
Payable to Given Associates, LLC
Check #103529 (12/1512009)
$ 2,900.00
Survey
Payable to Peconic Surveyors, P.C.
Check #108964 (2/15/2011)
$ 1,276.50'
Environmental Report (Phase I ESA)
Payable to Cashin Technical Services, Inc.
Check #108381 (1/412011)
879.75*
Environmental Report (Phase II ESA)
Payable to Cashin Technical Services, Inc.
Check #110104 (5/24/2011 )
4,071.00'
Title Report
Payable to Fidelity National Title Insurance Co.
Check #110938 (8/2/2011)
Title insurance policy $ 7483
Recording easement $ 370
7,853.00
Title Closer Attendance Fee
Payable to Patricia Fallon
Check #110936 (812/2011)
100.00
*represents 69% of total invoice charged to CPF funding
Those present at Closing:
Scott A. Russell
Lisa Clare Kombrink, Esq.
Joseph A. Conway
Robert Conway
Thomas Conway
Christine Conway
Paul Caminiti, Esq.
Patricia Fallon
Melissa Spiro
Melanie Doroski
Southold Town Supervisor
Attorney for Town of Southold
Seller (Co-Executor)
Seller (Co-Executor)
Seller (son)
Seller (daughter-in-law)
Attorney for Seller
Title Company Closer
Land Preservation Coordinator
Land Preservation Sr Administrative Asst
TOWN OF SOUTttOLD
VElqDOR 001918 ESTATE OF JULIA~D~CONWAY 08/02/2011 CHECK 110935
FUND & ACCOUNT, P.O. ~ INVOICE DESCRIPTIO~
H5 .8660.2.600.100 0803tl PROP TAX REIMBURSEMENT
H2 .8686.2.000.000 TBR920 080311 PURCHASE PRICE EASE.50%
H5 .8660.2.600.100 TBR920 080311 P/O PURCH.PRICE FEE 50%
(AMOUNT
1,085.15
906,037.50
396,290.00
TOTA~
1,30~ , 412 . 65
,"]. ,Oq55~l ':O~l,l, O51~Ghl: ~,~, 00000I, 0,'
TOWN OF SOUTHOLD ~
VENDOR 098052 JOSEPH M.coN~y TEsTAMENT.T~S~ 08/02/2'011 CHECK
FUND & ACCOUNT P. 0 . # INVOICE DESCR~I-PTION
110961
A~OUNT
H5 .8660.2.600.100
H2 .8686.2.000.000
H~' .8660.2.600.100
o8o~11
· B~20 080311
· HR920 0B0311
PROP T~X REIMBURSEMENT 1,085.15
PURCHASE PRICE EASE.50% 906,037.50
P/O PURCH.PRICE FEE 50% 396,290.00
TOTAL i ~
1,303,412.65
GIYEN
548 Route 111, Suite 200
Hauppauge, NY 11788
631-360-3474
Fax 631-3603622
Bill To
Towll of Southold
P.O. Box 1179
Southold NY 11971-0959
Invoice
Date Invoice
1/19/2009 789
Please make check payable to: GIVEN ASSOCIATES, LLC
Description
Appraisal of Real Property of the Joseph and Julia Conway
Located 4395 Horton Lape
Southold, NY
S.C.T.M. #1000-54-7-21.1
Hie No.
2~9~8
'loft'la
Due upon Receipt
Amount
GL108S 20 TOWN OF SOUTHOLD
View I ** Actual Hi
Vendor.. 007416 GIVEN ASSOCIATES LL
Y=Select
JE Date Trx. Date Fund Account
....................... =- Use Acti
.. 1/02/2008 1/02/2008 H2 .600
1/02/2008
3/25/2008
3/25/2008
4/08/2008
6/03/2008
9/23/2008
11/18/2008
1/20/2009
1/20/2009
6/30/2009
11/04/2009
X 12/15/2009
.. 4/20/2010
1/02/2008 H2 .600
3/25/2008 H3 .600
3/25/2008 H3 .600
4/08/2008 H3 .600
6/03/2008 H2 .600
9/23/2008 H3 .600
11/18/2008 H3 .600
1/20/2009 H3 .600
1/20/2009 ~3 .600
6/30/2009 H3 .600
11/04/2009 H3 .600
12/15/2009 H3 .600
4/20/2010 H3 .600
,. 6/01/2010 6/01/2010 H3 .600
......................... Use Acti
F2=Shift Up F3=Exit Ft0=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-12152009-810 Line: 164 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 12/15/2009 SDT 12/15/09 :
: Trx Amount... 2,900.00 :
: Description.. APPRAISAL-CONWAY HORT LN :
: Vendor Code.. 007416 Pay Method: :
: Vendor Name.. GIVEN ASSOCIATES LLC :
: Alt Vnd.. :
: CHECK .... .... 103529 SCNB :
: Invoice Code. 789 :
· VOUCHER ·
: P.O. Code .... 20135 :
: Project Code. :
: Final Payment F Liquid., :
: T~pe of 1099. M BOX. 07 Addl. :
: Fixed Asset.. Y :
: Date Released 12/15/2009 :
: Date Cleared. 12/31/2009 :
: F3=Exit F12=Cancel :
: :
TOWN OF SOUTHOLD
VENDOR 007416 GIVEN ASSOCIATES LLC 12/15/2009 CHECK 103529
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.500.200 20135 789 APPRAISAL-CONWAY HORT LN 2,900.00
TOTAL 2,900.00
PECONIC SURVEYORS, P.C.
1230 TRAVELER STREET
P.O. BOX 909
SOUTHOLD, NY 11971
Invoice
Date I Invoice fl
1/31/2011 I
Bill To
Town of 8outhold
Department of Land Preservation
P.O. Box 1179
Southold, ~ 119'11
At~: Melani¢ Doroski
Quantity '
Conwny Estale Survey
Description
P.O. No. Telms Project
21563
N~t30
Rate
1,850.00
Amount
1,850.00
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 016144 PECONIC SURVEYORS,
Y=Select
- JE Date Trx. Date Fund Account
......................... Use Acti
2/13/2007 2/13/2007 H3 600
2/13/2007
4/24/2007
4/24/2007
4/24/2007
5/08/2007
5/00/2002
8/14/2007
10/09/2007
5/06/2008
6/17/2008
11/18/2008
12/15/2009
2/01/2011
2/13/2007
4/24/2007
4/24/2007
4/24/2007
5/08/2007
5/08/2007 H3
8/14/2007 ~2
10/09/2007 ~
5/06/2008 E
6/17/2008 E3
11/18/2008 H3
12/15/2009 H3
2/01/2011 H3
H3 600
H3 600
H3 600
H3 600
H3 600
600
600
600
1620.2.4
6OO
60O
60O
600
~, 2/15/2011 2/15/2011 E3 600
......................... Use Act1
F2=Shift Up F3=gxit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-02152011-080 Line: 332 Formula: 0 :
: Account.. H3 .600 : .
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 2/15/2011 SDT 2/14/11 :
: Trx Amount... 1,276.50 :
: Description.. SURVEY-CONWAY ESTATE :
: Vendor Code.. 016144 Pay Method: :
: Vendor Name.. PECONIC SURVEYORS, P.C. :
: Alt Vnd.. :
: CHECK ........ 108964 SCNB :
: Invoice Code. 18 :
: VOUCHER ...... :
: P.O. Code .... 21563 :
: Project Code. :
: Final Payment P Liquid. :
: T~pe of 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 2/15/2011 :
: Date Cleared. 2/28/2011 :
: F3=Exit F12=Cancel :
: :
TOWN OF $OUTIIOLD
VENDOR 016144 PECONIC SURVEYORS, P.C.
02/15/2011 CHECK 108964
FUND & ACCOUNT P-O.# INVOICE
DESCRIPTION
.0660.2,600.100 21563 18
-8660.2.600.100 21563 18
SURVE¥-CONWAy ESTATE
SURVEY-CONWAY ESTATE
TOTAL
1,276.50
573.50
1,850.00
Melanie Doroski
Town o1Southold
Town Hall Annex
PO Box 1179
Southold, NY 11971-0959
December 13, 2010
Project No: CAT$.028
Invoice No: 99
Phase I Environmental Site ~ssessment for property lOCated at 4395 Horton Lane, Southold, NY 11971
Professional Services ~rom October 30. 2010 to December 13. 2010
Fee
Total this Invoice
1,275.00
$1,275.00
GL108S 20 TOWN OF SOUTHOLD
View 1 ** 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
. 10/06/2009
5/04/2010
. 11/30/2010
· 12/14/2010
~ 1/04/2011
.. 1/04/2011
.. 5/24/2011
. . 5/24/2011
· . 5/24/2011
,, 5/24/2011
,, 6/21/2011
10/21/2008 H3 .600
10/06/2009 H3 .600
5/04/2010 H .600
11/30/2010 H .600
12/14/2010 H 600
1/04/2011 H3 600
1/04/2011 H 600
5/24/2011 H3 600
5/24/2011 H 600
5/24/2011 H 600
5/24/2011 H5 600
6/21/2011 H3 600
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-01042011-649 Line: 47 Formula: 0 :
: Account.. H3 .600 :
: AcctDesc ACCOUNTS PAYABLE :
: Trx Date ..... 1/04/2011 SDT 1/03/11 :
: Trx Amount... 879.75 :
: Description.. PHASE i ESA/ASBSTS-CONWA :
: Vendor Code.. 003079 Pay Method: :
: Vendor Name.. CASHIN ASSOCIATES, P.C. :
: Alt Vnd.. :
: CHECK ........ 108381 SCNB :
: Invoice Code. 99 :
: VOUCHER ...... :
: P.O. Code .... 22178 :
: Project Code. :
: Final Payment P Liquid. :
: Type of 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 1/04/2011 :
: Date Cleared. 1/31/2011 :
: F3=Exit F12=Cancel :
: :
TOWNOFSOUTHOLD
VENDOR 003079 CASHIN ASSOCIATES, P.C. 01/04/2011 CHECK 108381
FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION
H3 .8660.2.600.100 22178 99 PHASE 1 ~SA/ASBSTS-CONWA
H .866~.2.600.100 22178 99 PHASE I ESA/ASBSTS-CONWA
TOTAL
879.75
395.25
1,275.00
'"--' Ca hin Teohni=el ervioes= Ino.
Melanie Doroski
Town of Southold
Town Hall Annex
PO Box 1179
Southold, NY 11971-0959
May 11,2011
Project No: 0CATS.028
Invoice No: 107
Ph~e II Environmental Site A~sment for pmpe~ I~ted m 4395 Ho~on ~ne, $outhold, NY 11971
Pm~slonal Sewl~s from Januaw 01. 2011 to May 11. 2011
Fe~
5,900.00
Total this Invoice
$5,g00.00
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 003079 CASHINASSOCIATES,
Y=Select
- JE Date Trx. Date Fund Account
............................. Begi
,, 10/21/2008 10/21/2008 H3 .600
,, 10/21/2008 10/21/2008
,, 10/06/2009 10/06/2009
,, 5/04/2010 5/04/2010
.. 11/30/2010 11/30/2010
.. 12/14/2010 12/14/2010
.. 1/04/2011 1/04/2011
1/04/2011 1/04/2011
~ 5/24/2011 5/24/2011
.. 5/24/2011 5/24/2011
,, 5/24/2011 5/24/2011
,, 5/24/2011 5/24/2011
, , 6/21/2011 6/21/2011
H3
H3
H
H
H
H3
H
H3
H
H
H5
H3
.600
· 600
.600
.600
.600
600
600
600
600
600
600
600
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry byVendor Name
.............. Detail--GL100N ..............
: W~05242011-017 Line: 65 Formula: 0 :
:Account;. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 5/24/2011 SDT 5/20/11 :
: Trx Amount... 4,071.00 :
: Description.. CONWAY EST.PHASE II ESA :
: Vendor Code.. 003079 Pay Method: :
: Vendor Name.. CASHIN ASSOCIATES, P.C. :
: Alt Vnd.. :
: CHECK ........ 110104 SCNB :
: Invoice Code. 107 :
: VOUCHER ...... :
: P.O. Code .... 22184 :
: Project Code. :
: Final Payment P Liquid. :
: Type of 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 5/24/2011 :
: Date Cleared. 5/31/2011 :
: F3=Exit F12=Cancel :
: :
TOWN OF $otrFHOLD
VENDOR 003079 CASHIN ASSOCIATES, P.C. 05/24/2011 CHECK 110104
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 22184 107 CONWAY EST.PHASE II ESA 4,071.00
H .8660.2.600.100 22184 107 CONWAY EST.PHASE II ESA 1,829.00
H .8660.2.600.100 22184 107 CONWAY EST.PHASE II ESA 1,829.00-
H5 .8660.2.600.100 22184 107 CONWAY EST.PHASE II ESA 1,829.08
5,900.00
TOWN OFSOUTHOLD
VENDOR 006182 FIDELITY NATIO xl~L TITLE INS CO 08/02/20'11
CHECK 110938
FUNDi & ACCOUNT
H5 .8660.2.600.100
H5 .8660.2.600.100
H2 .868¢~.2.000.000
t{~ .8686.2.000.000
H5 ,866~.2.600.100
P.O.# INVOICE DESCRIPTION AMOUN~
7404-80567 CONW~Y-RECORDING DEED 370.00
/ 7404-80567 CONWAY-C OF O SEARCH 70~00
~BR920 7404-80567 CONWAY-TITLE INS.POLICY 7,483.00
TBR920 7404-80567 CON~Ay-RE~ORDNG EASEMENT 370.~
TBR920 7404-8~567 CONWAY-F~E TITLE INS POL 3,186.00
~-.~ TOTAL
11,479.00
-,'l,&l q%a,' i:Oi~&t, OSh&h,: ~,3 O00QOL, 0,"
TOwN OF SOUTHOLD
VENDOR 006013 PATRICIA FALLON 08/02/2011
CHECK 110936
FUND & ACCOUNT
P.O.~ INVOICE DESCRIPTION
H2 .8686.2.000.000
H2 .8686.2.000.000
H5 .8660.2.600.100
TBR359 ST-11-11168 EDSO~TITLE CLOSER F~E
TBR920 7404-80567 CONWAY-DEV RGHTS EASE.
TBR920 740~-80567 CONWAY-FEE TITLE
~ \~ TOTA~
AMOUNT
100.00
lOO.0O
100.00
300~. 00'
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa, spiro~'~own.southold.ny.us
Telephone (631) 765-571 l
Facsimile (63 l) 765-6640
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
OFF1CE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Rd & Youngs Ave)
Southold, New York
MAILING ADDRESS:
P.O. Box I 179
Southold, NY 11971-0959
To:
From:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
Melissa Spiro, Land Preservation Coordinator
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Managers
Peconic Land Trust, Inc.
The Nature Conservancy
Date: August 3, 2011
Re:
CONWAY ESTATE to TOWN OF SOUTHOLD
Part of SCTM #1000-54.-7-21.4
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:
4395 Horton Lane
SCTM #:
part of 1000-54.-7-21,4
PROPERTY OWNER:
CONTACT DATE:
Estate of Joseph M. Conroy, Estate of Julia D. Conway, and Joseph A.
Conway, individually and as co-executor
November 18, 2010
PURCHASE DATE:
PURCHASE PRICE:
TOTAL PARCEL ACREAGE:
August 3, 2011
$1,812.075 (based on 28.9932 buildable acres @ $62,500/buildable
acre)
30.8297 acres
EASEMENT ACREAGE:
28.9932 acres
RESERVE AREA:
ZONING:
80,000 sq. f.
A-C
FUNDING:
CPF 2% Land Bank
MISCELLANEOUS:
At a simultaneous closing, the Town purchased fee title to the parcel
subject to the 28.9932 acre development rights easement. Lying within
the parcel is an 80,000 square foot Reserve Area, not subject to the
easement, in which the two-story residential dwelling, two-car garage,
two barns, and two small storage sheds are located.
See fee title purchase closing memo dated August 3, 2011