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HomeMy WebLinkAboutConway Estate 1000-54.-7-21.4 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: From: Date: Re: Elizabeth A. Neville Town Clerk Melanie Doroski Sr. Administrative Assistant September 22, 2011 CONWAY ESTATE to TOWN OF SOUTHOLD Fee Title Acquisition - 30.8297 acres SCTM #: f/k/a 1000-54.-7-21.4 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 Executor's Deed dated August 3, 2011, between Joseph A. Conway and Robert J. Conway, as Co-Executors of the Last Will and Testament of Julia D. Conway, and Joseph A. Conway and Robert J. Conway as Co-Trustees of the Testamentary Trust of the Estate of Joseph M. Conway, and Joseph A. Conway, individually, and the Town of Southold, recorded in the Suffolk County Clerk's office on 8/16/2011, in Liber D00012668 at Page 569 · Original title insurance policy #27-031-06-33-54749 issued by Fidelity Title Insurance Company on August 3, 2011, in the insured amount of $808,449.50 (title #F10-7404- 80567SUFF) · Closing Statement Thank you. Melanie encs. cc: Assessors w/copy of recorded Executor's Deed SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED N~m~er of Pages: 5 Receipt N~m~er : 11-0091902 TRANSFER TAX NUMBER: 11-01184 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 054.00 07.00 EXAMINED AND CHARGED AS FOLLOWS $808,449.50 Received the Following Fees For Above Instrument Exempt Page/Filing COE EA-CTY TP-584 Cert. Copies Transfer tax TRANSFER TAX NUMBER: $25 $5 $5 $5 $0 00 $0 00 00 NO Handling 00 NO NYS SRCHG 00 NO EA-STATE 00 NO Notation NO RPT NO Comm. Pres Fees Paid 11-01184 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 08/16/2011 04:01:59 PM D00012668 569 Lot: 021.007 Exempt $20.00 NO $15.00 NO $125.00 NO $0.00 NO $50.00 NO $0.00 NO $250.0O Number of pages This document will be public record, Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 31 Deed / Mortgage Tax Stamp Page / Filing Fee Handling u~-I~. 00 TP-584 Notation EA-$2 17 (County) EA-5217 (State) ~. ~ R.P.T.S.A. _ Corem. of Ed. $. 00 Affidavit Certified Copy NYS Surcharge 15. 00 Other Sub Total Sub Total Grand Total I 4 I Dist. 10( Real Property Tax Service Agency Verification 6 11017208 1000 05400 0700 021006 1000 05400 0700 021007 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: l/q7/ RECORDED 2011 ~ug 16 04:0i:59 PM JUDITH A. PflSCALE CLERK OF SUFFOLK COUNTY L D00012668 P 569 DT~ 1i-0i184 Recording / Filing Stamps Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY www.suffolkcou ntyny.gov/clerk Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment__ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page #__ of this instrumeSt i $ Community Preservation F6nd Consideration Amount $ ~ CPF Tax Due $ ~ ~ g~ J~proved xx /  Vacant [and TO TD TD ~o. !ame Title Company Information 11901 Fidelity National Title TiLe# 10-7404-80567-SUFF Suffolk County Recording & Endorsement Page This page forms part of the attached Executor's Deed by:, 'O'~-~Pk ~- CoA~occu ~ (SPECIFY TYPE OF INSTRUMENT) Joseph A. Conway. Estate of Julia D. Conway The premises herein is situated in and Joseph M. Conwa¥ Testamentary Trust SUFFOLK COUNTY, NEW YORK. made TO IntheTOWN of Southold Town of Southold In the VILLAGE or HAMLETof Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Standard NYBTU Form 8005- Executor's Deed - Uniform Acknowledgement CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the <~ day of August, 2011 BETWEEN JOSEPH A. CONWAY, residing at 6005 Horton's Lane, Southold, New York, 11971; and ROBERT J. CONWAY, residing at 1157 Savannah Lakes Drive, Parrish, Florida, 34219 as co-Executors of the Last Will and Testament of Julia D. Conway, who died a resident of Suffolk County, State of New York, on July 28, 2009, Suffolk County Surrogate's Court Probate File No. 2009- 1337, as to an undivided one-half (1/2) interest; and JOSEPH A. CONWAY, residing at 6005 Horton's Lane, Southold, New York, 11971; and ROBERT J. CONWAY, residing at 1157 Savannah Lakes Drive, Parrish, Florida, 34219 as co-Trustees of the Testamentary Trust of the Estate of Joseph M. Conway who died a resident of Suffolk County on March 12, 2000, Suffolk County Surrogate's Court Probate File No. 743 P 2000, as to an undivided one-half (1/2) interest; and JOSEPH A. CONWAY, individually, residing at 6005 Horton's Lane, Southold, NY, 11971 >arty of the first part, and FOWN OF SOUTHOLD, with offices at 53095 Route 25, P.O. Box 1179, Southold, NY, 11971 party of the second part, WITNESSETH, that the party of the first part, by virtue of the power and authority given in and by said last will and testament and in consideration of EIGHT HUNDRED EIGHT THOUSAND FOUR HUNDRED FORTY NINE AND 50/100THS ($808,449.50) dollars, paid by the party of the second part, does hereby gram and release unto the party of the second part, the heirs or successors and assigns of the party of the !second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being SEE SCHEDULE'A'ANNEXED HERETO BEING AND INTENDED TO BE part of the same premises conveyed to Joseph M. Conway and Julia D. Conway as tenants in common, both now deceased, by deed dated May 16, 1997 which deed has been recorded in the Office of the Clerk of the County of Suffolk in Liber 11836 at page 825. It is intended that the conveyance of title by this deed by the grantors herein to the grantee shall not be intended to create a merger between the fcc title and thc grant of development rights easement created herewith by separate instrument entered into between the parties dated August 3, 2011 which easement is to be recorded simultaneously herewith. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of the decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individual, or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND THE party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement, and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: CONWAY / I~OBI~R]~. CON-W~AY ~ STATE OF NEW YORK:COUNTY OF SUFFOLK ss: Onthe G~-Z0 dayof /0/ti6 ~t~v ? ,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 whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA k. FALLON Notary Pubtic, State Of New ¥orl( No. 01FA4950146 Qualified in Suffolk County Commission Expires April 24, STATE OF NEW YORK:COUNTY OF SUFFOLK ss: On the ,~ day of /~6t~,y~ ,2011, before me, the undersigned, personally appeared ROBERT J. CONWAY, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA L. FALLON Notary Public, State Of New Yore No. 01FA4950146 Qualified In Suffolk County Commission Expires April 24, FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. F 10-7404-80567SUFF SCHEDULE A-1 (Description) AMENDED 06/15/11 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; 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 of T. & 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: 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 Abbatiello; 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 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 ONL Y: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining saidpremises. SCHEDULE A-I (Description) Fidelity National Title Insurance Company Policy Number: 27-031-06-33- 54749 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corpora- tion (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as state0 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. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection 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. 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. 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. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a pumhaser for value or to a judgment or lien crediton 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Fidelity National Title Insurance Company ~ A[ ~ Authorized Signature FORM 27-031-06-33 (6/08) By: A1WEST Secretary ALTA Owner's Policy (6 17 06) w/New York coverage Endorsement Appended Fidelity National Title Insurance Company Policy No.: 27-031-06-33-54749 Title No.: FI0-7404-80567SUFF Amount of Insurance: $808,449.50 1. 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: Fee Simple Title to the estate or interest in the land is vested in: Town of Southold Deed made by Joseph A. Conway and Robert J. Conway as Co-Executors of the Last Will and Testament of Julia D. Conway to an undivided 1/2 interest and Joseph A. Conway and Robert J. Conway, as Co-trustees of the Testamentary Trust of the Estate of Joseph M. Conway, as to an undivided 1/2 interest and Joseph A. Conway, individually dated August 3, 201 I, recorded August 16, 2011 in Liber 12668 page 570. The land referred to in this policy is described as follows: See Schedule A-I (Description), following. Schcdulc A Owner's Policy Page I Rcv (02/04) OFidelity National Title Insurance Company Policy No: 27-031-06-33-54749 Title No.: F 10-7404-80567SU FF SCHEDULE A-1 Description AMENDED 06/15/I 1 OVERALL DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and beiag at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINN ING at a point on the southwesterly side of Ho[ton Lane distant the following 3 courses and distances from the intersection of the southeasterly side of Jennings Road with the southwesterly side of Ho[ton Lane; I ) southeasterly 568 feet; 2) South 40 degrees 28 minutes 30 seconds East, 195.29 feet; 3) Sonth 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) No[th 47 degrees 34 minutes 00 seconds East, 197.66 feet to the southwesterly side of Ho[ton Lane; THENCE the following 3 courses and distances along the southwesterly side of Ho[ton 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) Sonth 37 degrees 13 minutes 18 seconds East, 527.03 feet to land now or formerly of Abbatiello; THENCE along land now or formerly of Abbatiello South 48 degrees 29 minutes 30 seconds West, 917.39 feet to laud now or formerly of Damianos; THENCE the following three courses aad distances along land now or formerly of Damianos: 1) No[th 35 degrees 02 minutes 20 seconds West, 870.14 feet; 2) No[th 34 degrees 18 minutes 50 seconds West, 451.87 feet; 3) No[th 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, No[th 47 degrees 34 minutes 00 seconds East, 557.93 feet to the point or place of BEGINN lNG. 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 Ibllows: Schcdule A-I (Description) Owner's Policy Page 2 Rcv (02/04) FIDELITY NATIONAL TITLE INSURANCE COMPANY Policy No.: 27-031-06-33-54749 Title No.: F I 0-7404-80567SUFF SCHEDULE A-1 Continued 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 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: 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 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; ]HENCE the lbllowing 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. 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: BEGINNING 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; RUNNING 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-[ (Description) Owner's Policy Page 3 Rev (02/04) FIDELITY NATIONAL TITLE INSURANCE COMPANY Policy No.: 27-031-06-33-54749 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: 27-031-06-33-54749 Title No.: FI0-7404-80567SUFF SCHEDULE B - PART I Exceptions from Coverage l'his policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expeoses) which arise by reason off Survey made by ['econic Surveyors, P.C. dated 08/01/01 and last dated 06/03/11 shows part of premises as fartn field aod part of premises improved with a 2 story frame house; frame garage; 2 frame barns; 3 frame buildiogs. Fences vary with part of westerly and part of southerly record lines. Schedulc B Owner's Policy Page 5 Rev (02/04) OFidelity National Title Insurance Company STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) I. 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 endorsements. Fidelitv National Title Insurance Company STANDARD NEW YORK IiNDORSEMENT (I I/I/08) not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost. to institute and prosecute any action or proceeding or to do any other act that in its opinion may be neces sary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this po]icy, whether or not it shall be liable to the Insured. The exemise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or orden DUTY OF INSURED CLAIMANT TO COOPERATE (al In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Com- pany, the Insured, at the Company's expense, shall give the Company all reasonable aid (il in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act thai in the opinion of the Company lnay be necessary or desirable to eslablish 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 represcntabve 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 dalnage. 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 Cum pany pursuant to this Section shall not be disclosed to others unless, in the reasonable judglnent of the Company, it is necessary in the administration of the claim. Failure of the insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permis sion to secure reasonably necessary information from third parties as re quired in this subsection, unless prohibited by law or governmental regula tion, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the l~llowing addi tiona[ options: (al 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 ternfinate, 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. (il To pay or otherwise settle with other parties for or in the name ut an Insured Clailnant any claim insured against under this policy. In addi- tion, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Com- pany up to the time of payment and that the Company is obligated to pay: or (ii) To pay or otherwise settle with the Insured Claimant the loss or dam age provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were autho- FORM 74~031 06-33 rized by the Company up to the time of payment and that the Cum pany is obligated to pay. Upon the exercise by the Company of either of the options provided fur 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 indcnmity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suflbred loss or damage by reason of matters insured against by this policy. (al The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (il the Amount of Insurance: or (ii) the diflbrence 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, (il the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have thc 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 (al and (bL the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. LIMITATION OF 1AABILITY (al If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the cmnpletion of any appeals, it shall have fully perlDrmed its obligations with respect to that matter and shall not be liable lk)r any loss or damage caused to the Insured (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or dam- age until there has been a final determination by a court of competent juris- diction, and disposition of all appeals, adverse to the Title, as insured, (c) The Company shall not be liable for loss or damage to the Insured lot liabil- ity voluntarily assumed by the Insured in settling auy claim or suit without the prior written consent of lhe Company 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LI- ABILITY All payments under this policy, except payments made for costs, attorneys' t~es, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Tille, 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 m accordance with these Conditions, the payment shall be made within 30 days 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (al Whenever the Company shall have settled and paid a claim nnder this policy, it shall be subrogated and entitled m the rights of the insured Claimam in tile Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property. Io the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transl~r to the Company ol these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the In surcd Claimant and to use the name of the Insured Gini mant in any transaction or litigation involving these rights and remedies. If a payment on acconnt of a claim does not fully cover the loss of the Insured Claimant, the Company shall deler lhe exercise of its right to recover until after the Insured Claimant shall have recovered its loss (b) The Company's right of subrogation includes the rights of thc Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. ALTA Owner's Policy' (6-17 06l w/New York coverage Endorsement Appended EXCLUSIONS FROM COVERXGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordthance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power, This Exclusion 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 : (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the lnsured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be in creased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and I 1 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as dis- tthguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all fights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or"Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any prop- erty beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instiu- merit, including one evidenced by electronic means authorized by law. (i) "PublicRecords": RecordsestablishedunderstatestatutesatDateofPolicy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental pro- tection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Tide": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would pemfit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage IBr which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the 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 for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters FORM 74 031-06-33 ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT fa) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. {c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Sched- ule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the en- dorsement expressly states, it does not fi) modify any of the terms and pro- visions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this pelicy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include lhat provision or such part held 1o be invalid, but all other provisions shall remain in lk*ll lbme and effect. 17. CHOICE OF LAW; FORUM fa) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therelor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enfomement 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 iurisdiction where the Land is located to determine the validity of claims against Ihe Title that are adverse to the Insured and to interpret and enlbrce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law, (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18, NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to bc given to the Company under this policy must be given to the Company at Fidelity National Title Company Atm: Claims Department }hO. Box 45023 Jacksonville, Florida 32232 5023 FORM 27 031 06 33 16/08) ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended FIDELITY NATIONAL TITLE INSURANCE COMPANY Fidelity National Title Insurance Company P.O. Box 45023 Jacksonville, Florida 32232-5023 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 Fee Title Property Purchase Total Parcel Acreage - 30.8297 acres Reserved Area - 80,000 square feet Development Rights Easement Area - 28.9932 acres Premises: 4395 Horton Lane, Southold 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 $ 808,449.50 disbursed as follows using bond funds: Payable to Estate of Julia D. Conway Check #110935 (812120111) $ 396,290.00+ Payableto Joseph M. Conway Testamentary Trust$ Check #110961 (81212011) 396,290.00++ Payable toEnviroscience Consultant, Inc. Check #110934 (8/2~011) $ 7,700.00 Payable to Paul A. Caminiti, Esq. Check #110901 (81212011 ) $ 8,169.50 Expenses of Closing: 2010/2011 Property Tax Reimbursement Payable to Estate of Julia D. Conway $ Check #110935 (8/2/2011) Payable to Joseph M. Conway Testamentary Trust $ Check #I 19061 (8/2/2011 ) +combined in check #110935 1,085.15+ 1,085.15++ ++combined in check #119061 Survey Payable to Peconic Surveyors, P.C. Check #108964.2/15/2011) Home Inspection Payable to Condon Engineering, P.C. Check #106392,8/1012010) Termite Inspection Payable to North Shore Exterminating Check #108271 12/1412010) Environmental Report (Phase I ESA) Payable to Cashin Technical Services, Inc. Check #108381 1/4/2011) Environmental Report (Phase II ESA) Payable to Cashin Technical Services, Inc. Check #110104 (5/24/2011 ) Title Report Payable to Fidelity National Title Insurance Co. Check #110938 ~ 8/2/2011) Title insurance policy $ 3186 Recording easement $ 370 Certificate of Occupancy search $ 70 Title Closer Attendance Fee Payable to Patricia Falion Check #110936 (812/2011) *represents 31% of total invoice charged to approved Bond 573.50* 1,500.00 325.00 395.25* 1,829.00' 3,626.00 100.00 Adjustments made at Closing: Existing Sod Farm Lease rental 28 days owed to Town of Southold Fuel Oil Reimbursement to Seller Seller paid to Town of Southold Check #165 (8/3/2011) $ 466.00 $ 86.oo $ 280.00 Those present at Closing: Scott A. Russell Lisa Clare Kombrink, Esq. Joseph A. Conway Christine Conway Thomas Conway Robert Conway Paul Caminiti, Esq. Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller (Co-Executor) Seller (daughter-in-law) Seller (son) Seller (Co-Executor) Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst TOWNOF SOUTHOLD VENDO~ 001918 ESTATE OF JULIA D~CONWAy 08/02/2011 CHECK 110935 FUND & ACCOUNT, H5 .8660.2.600.100 H2 .8686.2.000.000 E5 .8660.2.600.100 P.O. ~ INVOICE DESCRI PTIO~, /AMOUN~ '080311 ~ PROP TAX ~EIMBURSEMENT TBR920 080311 PURCHASE 'PRICE EASE. 50% TBR920 080311 P/O PURCH.PRICE FEE 50% ? - TOT~ , ~ ~, ~ ,. i.t~~, 1,0~5.15 906,037.50 396,290.00 1,303,412 65 lib TOWN OF SOUTHOLD VENDOR 098052 JOSEPH M.CO TEsTAMENT.TROT 08/02/2011 CHECK FUND & ACCOUNT P.O.# INVOICE DESCRIPTION 110961 H5 .8660.2.600.100 H2 .8686.2.000.000 HS~ .8660.2.600.100 080~11 TBR920 080311 TBR920 080311 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 1,303,41~.65 Invoice £NVIROSCIENCE CONSULTANTS~ INC. Date Invoice No. 07/21/11 16155 2150 SMITHTOWN AVENUE-SUITE RONKONKOMA~ NEW YORK t t 779 PH 631 -580-3! 91 FAX 631-580-31 WWVV. EN VI RO H EALT H. ORG Bill TO Joseph Conway 4395 Horton Lane Southold, NY 11971 P.O. Number Terms Rep Due on receipt GSM Item Code Description Quantity Price Amount Each 578 Perform soil remediation, including collection and analysis of I 7700.00 7,700.00 two samples for waste chacterization, vactor unit, two endpoint samples, and waste transportation and disposal, along with results review and report. J o~, ~ 4395 Horton Ave., ~ We appreciate your prompt payment, Total $7,700.00 Payments $0.00 Balance Due $7,700.00 TOWN OF SOUTHOLD VENDOR 005410 ENVIROSCIE~CE CONSULTANTS INC 08/02/20!1 CHECK 110934 FUND & ACCOUNT P.O,~ INVOICE DESCRIPTION AMOUNT H5 .8~60.2.600.100 TBR920 080211 COI~AY-ENVIRO.CLEg2q UP 7,700.00 7,700.00 TOTAL TOWN OF SOUTHOLD VENDOR 002933 PAUL A. CAMINITI,ESQ. 08/02/2011 CHECK 110901 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H5 .8660.2.600.~0 TBR920 080311 CONWAY-SELLER'S LGL FEES 8,169.50 TOTAL 8,169.50 PECONIC SURVEYORS, P.C. 1230 TRAVELER STREET P.O: BOX 909 SOUTHOLD, NY 11971 Invoice Date Invoice # 1/31/2011 18 Bill To Town of Southold Depai~nent of Land Preservation P.O. Box 1179 Southold, NY 11971 Atln: Melanie Doroski Conway Estate Survey De~dption P.O. No. Terms~ Project 21563 I Net 30 Rate 1,850.00 Amount 1,850.00 ~L108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 016144 PECONIC SUR~q~¥ORS, Y=Select JE Date Trx. Date Fund Account ......................... Use Acti 2/15/2011 2/15/2011 H .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-02152011-080 Line: 333 Formula: 0 : : Account.. H .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 2/15/2011 SDT 2/14/11 : : Trx Amount... 573.50 : : 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 F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 2/15/2011 : : Date Cleared. 2/28/2011 : : F3=Exit F12=Cancel : : : TOWN OF $OUTHOLD VENDOR 016144 PECONIC SURVEYORS, P.C. 02/15/2011 CHECK 108964 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 21563 18 SURVEY-CONWAY ESTATE 1,276.50 H .8660.2.600.100 21563 18 SURVEY-CONWAY ESTATE 573.50 TOTAL 1,850.00 Melanie Domski Town of Southold Town Hall Annex PO Box 1179 Southold, NY 11971-0959 December 13, 2010 Project No: CATS.028 Invoice No: 99 Phase I Environmenlal Site .~sSessment for property located at 4395 Horton Lane, Southold, NY 11971 Professional Services ~rom October 30. 2010 to n,,~'ember 13. 2010 Fee Total this Invoice 1,275.00 $1,275.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi ~ndor.. 003079 CASHIN ASSOCIATES, ~=Select JE Date Trx. Date Fund Account ............................. Begi 10/21/2008 10/21/2008 H3 .600 10/21/2008 10/21/2008 H3 .600 10/06/2009 10/06/2009 H3 .600 5/04/2010 5/04/2010 H .600 11/30/2010 11/30/2010 H ,600 12/14/2010 12/14/2010 H' .600 1/04/2011 1/04/2011 H3 .600 i/04/20il 1/04/20ii H .600 5/24/20ii 5/24/201i H3 .600 5/24/20ii 5/24/20ii H .6O0 5/24/20ii 5/24/20ii H .6O0 5/24/20il 5/24/20ii H5 .600 6/21/2011 6/21/2011 H3 .600 F2=Shift Up F3=Exit F[0=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N: ............. : W-01042011-649 Line: 48 Formula: 0 : : Account.. H .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 1/04/2011 SDT 1/03/11 : : Trx Amount... 395.25 : : 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 F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 1/04/2011 : : Date Cleared. 1/31/2011 : : F3=Exit F12=Cancel : : : TOWN OF $OUTHOLD VENDOR 003079 CASHIN ASSOCIATES, P.C. 01/04/2011 CHECK 108381 FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT N3 .8660.2.600.100 22178 99 PHASE 1 ESA/ASESTS-CONWA 879.75 H .8660.2.600.100 22178 99 PHASE I ESA/ASBSTS-CONWA 395.25 TOTAL 1,275.00 -- · ~ 1200 Veterans Memodal Hwy. Hauppauge .NY.11788 631.348.7600 phone I 631.348.7601 fax 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 Phase II Environmental Site Assessment for property located at 4395 Ho~ton Lane, Southold, NY 11971 Professional Services from January 01. 2011 to May 11. 2011 Fee 5,900.00 Total this Invoice $5,900.00 nL108S 20 TOWN OF SOUTHOLD .ew 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 10/21/2008 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 5/24/2011 5/24/2011 5/24/2011 5/24/2011 6/21/2011 1/04/2011 5/24/2011 5/24/2011 5/24/2011 5/24/2011 6/21/2011 H3 .600 H3 .600 H. .600 E .600 H .600 H3 .600 H .600 H3 .600 H .600 H .600 H5 .6OO 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-05242011-017 Line: 68 Formula: 0 : : Account.. H5 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 5/24/2011 SDT 5/20/11 : : Trx Amount... 1,829.00 : : 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 Cede. : : Final payment F 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 $OUTHOLD V~NDOR 003079 CASHIN ASSOCIATES, P.C. 05/24/2011 CHECK 110104 FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 .8660.2.600.100 H .8660.2.600.100 .8660.2.600.100 22184 107 CONWAY EST.PHA~E II ESA 4,071.00 22184 107 CONWAY EST.P~ASE II ESA 1,829.00 22184 107 CONWAY EST.PHASE II ESA 1,829.00- 22184 107 CONWAY EST.P~ASE II ESA 1,829.00 5,900.00 Condon Engineering, P.C. New York State Licensed Professional Engineem 1755 Sigsbee Road Matlituck, New York t1952 condonengineering.com 63t -298-1986 Fax 63t -298-2651 July 27, 2010 INVOICE Ms. Melanis Doroskl Sr. Administration Assistant Department of Land Preservation Town of Southold P.O. Box 1179 Southold, New York 11971-0959 Date July 23, 2010 En~lineedn~l Service Building Inspection - 4395 Horton's Lane Southold, New York Cha~es $1,500.00 Kindly remit to: John Condon, P.E. 1755 Sigsbee Road Mattituck, New York 11952 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 003546 CONDON ENGINEERING, Y=Select - JE Date Trx. Date Fund Account ............................. Begi ~ 8/10/2010 8/10/2010 H .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquir~ by Vendor Name .............. Detail--GL100N .............. : W-08102010-292 Line: 63 Formula: 0 : : Account.. H .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 8/10/2010 SDT 8/06/10 : : Trx Amount... 1,500.00 : : Description.. HOME INSP-CONWAY ESTATE : : Vendor Code.. 003546 Pay Method: : : Vendor Name.. CONDON ENGINEERING, P.C. : : Alt Vnd. J : : CHECK ........ 106392 SCNB : : Invoice Code. 072710 : · VOUCHER : : P.O. Code .... 21557 : : Project Code. : : Final Payment F Liquid. : : T~pe of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 8/10/2010 : : Date Cleared. 8/31/2010 : : F3=Exit F12=Cancel : : : TOwN OF $OUTHOLD VENDOR 003546 CONDON ~IqGINEERING, P.C. 08/10/2010 CHECK 106392 FUND & ACCOUNT P.O. # INVOICE DESCRIPTION AMOUNT H .8660.2.600.100 21557 072710 HOME INSP-CONWAy ESTATE 1,500.00 TOTAL 1,500.00 North Shore Exterminating '.O. Box 1220 Aquebogue, NY 11931 631-727-9700 or 631-765-6565 Invoice I DATE I INVOICE # 11/27J2010 11420 BILL TO Land Pres~,ation Dept POBOX 1179 Southold,NY 11971 SHIP TO 4395 Horton Lane Southold,NY 11971 TERMS QTY ITEM DESCRIPTION PRICE EACH AMOUNT Service call I 1/22/10 TERMITE INSPECTION PER P O #22179 325.00 325.00 I HAVE ENCLOSED ALL THE COPIES OF YOUR PAPER WORK ALONG WITH THE TERMITE INSPECTION REPORT PLEASE CALL WITH ANY QUESTIONS AND THANK YOU FOR YOUR BUSINESS CRAIG ROSENBERO GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 014123 NORTH SHORE EXTERMI Y=Select - JE Date Trx. Date Fund Account ............................. Begi ~ 12/14/2010 12/14/2010 H .600 F2=Shift Up F3=ExSt F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-12142010-498 Line: 337 Fozmula: 0 : : Account.. H .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 12/14/2010 SDT 12/15/10 : : Trx Amount... 325.00 : : Description.. TERMITE INSPECT-CONWAY : : Vendor Code.. 014123 Pay Method: : : Vendor Name.. NORTH SHORE EXTERMINATIN : : Alt Vnd.. : : CHECK ........ 108271 SCNB : : Invoice Code. 11420 : : VOUCHER ...... : : P.O. Code .... 22179 : : Project Code. : : Final Payment F Liquid. : : T~pe of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 12/14/2010 : : Date Cleared. 1/31/2011 : : F3=Exit F12=Cancel : : : TOWN OF $OUTHOLD VE~rDOR 014123 NORTH SHORE EXTERMINATING 12/14/2010 CHECK 108271 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H .8660.2.600.100 22179 11420 TERMITE INSPECT-CONWAY 325.00 TOTAL 325.00 TOWN OF $OUTHOLD VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 08/02/2011 CHECK 110938 FUND~ & ACCOUNT H5 .8660.2.600.100 H5 .8660.2.600.100 H2 .868~2.000.000 I¢17 .8686.2.000.000. H5 .8660'~.2.600.100 P.O.# INVOICE DESCRIPTION AMOUNT 7404-80567 CONWA~-RECORDING DEED 370.00 ,~ 7404-80567 CONWAY-C OF 0 SEARCH 70.0(~ TBR920 7404-80567 CONWAY-TITLE INS.POLICY 7,483.00 TBR920 7404-80567 CON~AY-RECORDNG EASEMENT 370. Q0 TBR920 7404-8~567 coIqWAY-FI~I TITLE INS POL 3,186.00 .431 ~ ,~i~. TOTAL 11,479.00 O00qOh ~ TOwN OF SOUTHOLD VENDOR 006013 PATRICIA FALLON o8/o 22oll CHECK 110936 FUND & ACCOUNT H2 .8686.2.000.000 H2 .8686.2.000.000 H5 .8660.2.600.100 P. O. ~ INVOICE DESCRIPTION TBR359 ST-11-11168 TBR920 7404-805~7 TBR920 740~-80567 / EDSON-TITLE CLOSER F~E CONWAY-DEV RGHTS EAS~. CONWAY-FEE TITLE TOTAL AMOUNT 100.00 100.00 100.00 300,00 CONWAY ESTATE to TOWN OF SOUTHOLD Fee title purchase Sod Farm Lease 28 days owed to Town $ 466.00 Fuel Oil Adjustment Rounded ~; ~.86.00 Balance owed to Town: Paid by Check #165 To be deposited to H5 $ 280.00 Jure Proper Credit Please Detach Top Portion And Return With Payment 7/26/11 1875 NATURAL HEATIN 50.1 GAL03.6290 N Y SALES TAX 181.81 4.55 < TOTAL AMOUNT > 186.36 JULIA CONWAY/4395 HORTON LANE//SOUTHO DELIVERED MS. PLEASE REMIT TO: Burt's Reliable PO Box 696 ~nuthnlrl. NY 11q71 BURTPS RELIABLE HEATING · AIR CONDITIONING · PLUMBING Hatural Heating OilTM · BioDiesel · Kerosene · Diesel Tel: (631) 765-3767 * Fax: (631) 765-1744 ,~ www. burts, com ~E~STATE OF JULIA D coNWAy I] 6°°5 HORTONS LN ~ SOUTHOLD, NY 11971 ~ 165 Dollars MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa, spiro~town.southold.ny.us Telephone (63 I) 765-5711 Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box I 179 Southoid, NY 11971-0959 To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Tax Assessors Buildin9 Department Data Processin9 Town Comptroller Stewardship Mana9ers Peconic Land Trust, Inc. The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: August 3, 2011 Re: CONWAY ESTATE to TOWN OF SOUTHOLD SCTM #1000-54.-7-21.4 Please be advised that the Town has acquired fee title 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 #: 1000-54.-7-21.4 PROPERTY OWNER: Estate of Joseph M. Conroy, Estate of Julia D. Conway, and Joseph A. Conway, individually and as co-executor CONTACT DATE: November 18, 2010 PURCHASE DATE: August 3, 2011 PURCHASE PRICE: $ 808,449.50 per contract TOTAL PARCELACREAGE: 30.8297 acres ZONING: A-C FUNDING: $4 million Farmland Bond MISCELLANEOUS: Parcel was purchased by the Town subject to a 28.9932 acre development rights easement that was also acquired by the Town at a simultaneous closing. The parcel includes an 80,000 square foot Reserve Area in which the two-story residential dwelling, two-car garage, two barns, and two small storage shed are located. See purchased development rights ("PDR") closing memo dated August 3, 2011