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