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HomeMy WebLinkAboutSill Properties (Pipes Cove Preserve)Baseline Documentation 1000-45-5-3.1 (f/k/a 1000-45-5-p/o 3) & 1000-45-5-4 "SILL" Properties to TOWN OF SOUTHOLD 23.7663 acres - Open Space Acquisition Deeds dated February 16, 2011 Recorded March 10, 2011 Suffolk County Clerk - Liber D00012653, Pages 623 & 625 1000-45-5-3.1 (f/k/a 1000-45-5-p/o 3) & 1000-45-5-4 Baseline Documentation Premises: 70282 Route 25 (15.03 acres) & 70284 Route 25 (8.7363 acres) Greenport, New York 23.7663 acres Open Space Acquisition "SILL" Properties ROBERT J. FABRYKEWICZ, KATHLEEN FABRYKEWICZ, and LOIS NICHOLS, as TRUSTEES of the JULIA L. SILL TRUST DATED DECEMBER 6, 2010 to TOWN OF SOUTHOLD THE NATURE CONSERVANCY to TOWN OF SOUTHOLD Deeds dated February 16, 2011 Recorded March 10, 2011 Suffolk County Clerk- Liber D00012653, Pages 623 & 625 SCTM #: 1000-45-5-3.1 (Parcel 1 of 2- f/k/a 1000-45-5-p/o 3) Premises: 70282 Rt 25 (Main Rd) Hamlet: Greenport Purchase Price: $488,000.00 per contract Funding: Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 15.03 acres Life Estate Acreage: 0.6451 acre Zoned: LIO Existing Improvements: In February 2011 - Survey shows wooded & wetland areas somewhat accessible by a dirt roadway, and a pond. Area of life estate retained shows 2-story framed house and water meter. SCTM #: 1000-45-5-4 (Parcel 2 of 2) Premises: 70284 Rt 25 (Main Rd) Hamlet: Greenport Purchase Price: $50,000.00 per contract Funding: Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 8.7363 acres Zoned: R-80 Existing Improvements: In February 2011 - Survey shows wooded, field & wetland areas with waterfront on Pipes Creek. Five dilapidated and burned buildings (including a silo) are located on this parcel. Property is separated from SCTM #1000-45-5-3.1 by LIRR tracks. DESCRIPTION LEGAL The subject property is legally identified on the Suffolk County Tax Map as District 1000, Section 45, Block 5, Lot 3. LAND The subject site is an irregular-shaped parcel of land having 790+' of frontage along the westerly side of the Long Island Railroad tracks, a southerly line of 602+', a westerly line of 491+', running thence southeasterly 334+', thence northeasterly 973+', thence southerly 756_+' to the Long Island Railroad tracks. The property has a total area of 15.2_+ acres. These dimensions are taken from the Suffolk County Tax Map. The site is generally level and partially cleared. It contains areas of freshwater wetlands. Utilities (electric and telephone) are available along Main Road. LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING PROPERTY DESCRIPTION ,LEGAL The subject is legally identified on the Suffolk County Tax Map as District 1000, Section 45, Block 5, Lot 4. A copy of the Suffolk County Tax Map showing this parcel is included in the Addenda to this report. LAND The subject has frontage along Pipes Creek. It contains an area of 8.3_+ acres. The parcel has :[,136+' of frontage along the southerly side of the Long Island Railroad tracks, 1, 3.90_+' of frontage along Pipes Neck Creek and a southerly line of 440_+'. The land is generally level. It was previously cleared but is now overgrown. Approximately half of the site is comprised of tidal wetlands. Utilities (electric and telephone) are available at Main Road. Sanitary flow in this area would be handled by an on-site septic system. The property is located within Flood Zone AE. LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING A P P R A I S A L M O T I O N S LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, January 26, 2010 at 7:00 p m Members Present: John Sepenoski, Chairman (7:30 pm. - purposely late to avoid being present for Conway & Droskoski property discussion items that are a conflict of interest due to Chairman's family relationship to property owners) Ray Huntington Maureen Cullinane Lillian Ball (715 p.m) EricKeil (left8:15pm) Chris Baiz Members Absent: Monica Harbes Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Commencement: · The meeting began at 7:05 pm. with four LPC members present. EXCERPT FROM 1126/2010 ADOPTED LPC MEETING MINUTES Applications and Inquiries: SILL PROPERTIES SCTM #: 1000-45-5-3 Zoned: LIO Location: 70282 Main Rd, Greenport CPF: Yes Total Acreage: +152 acres SCTM #: 1000 45 5-4 Zoned: R-80 Location: 70284 Main Rd, Greenport CPF: Yes Total Acreage: _+895 acres Update re: status [executive session]. DISCUSSION: Randy Parsons of The Nature Conservancy, under contract with the Town of Southold is applying for a NOAA CELCP grant towards the purchase of the Sill Property. Town Board resolution needed for authorization to apply for this grant. Randy will be ordering property appraisals on behalf of the Town County may become involved in purchase MOTION made by Chris Baiz, seconded by Ray Huntington, to rescind Motion carried at LPC meeting held on January 12. 2010, directing Melissa Spiro to commission two appraisals on the northerly lot owned by Julia Sill. Motion carried: 5/0 (Eric Keil absent from vote) MOTION made by Maureen Cullinane, seconded by Ray Huntington, to authorize Melissa Spiro, as Land Preservation Coordinator, to direct Randy Parsons of The Nature Conservancy, to commission appraisals, one appraisal for each Sill parcel, from the same appraiser, for the purpose of determining the value of fee title to each parcel Motion carried: 5/0 (Eric Keil absent from vote) LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, January 12, 2010 at 7:00 pm Members Present: Members Absent: Also present: John Sepenoski, Chairman (7:45 pm - purposely late to avoid being present for Conway property discussion item which is a conflict of interest due to family relationship to property owners) Ray Huntington Maureen Cullinane Monica Harbes (7:15 p m ) Chris Baiz Eric Keil Lillian Ball (broken wrist) Melissa Spiro, Land Preservation Coordinator Al Krupski, Town Board Liaison David Page (property owner - Shinn Vineyard, LLC) Barbara Shinn (property owner- Shinn Vineyard, LLC) Stephen Searl, Peconic Land Trust (7:30 pm) Commencement: · The meeting began at 7:05 pm with four LPC members present EXCERPT FROM 1/12/2010 ADOPTED LPC MEETING MINUTES Applications and Inquiries: Additions to Agenda: · SILL PROPERTIES SCTM #: 1000-45-5-3 Zoned: LIO Location: 70282 Main Rd, Greenport CPF: Yes Total Acreage: _+152 acres SCTM #: 1000 45-5-4 Zoned: R-80 Location: 70284 Main Rd, Greenport CPF: Yes Total Acreage: _+8.95 acres DISCUSSION: Melissa gave update re: potential County/Town partnership. County may not proceed with landowner's requirements Town should proceed with appraisals to start preservation process. MOTION made by Ray Huntington, seconded by Maureen Cullinane, to direct Melissa Spiro to commission an appraisal of the north lot, SCTM #1000-45-5-3 if County is appraising south lot, SCTM #1000-45-5-4 If County requires two separate appraisals, then Melissa directed to commission two separate appraisals for the Sill properties. Motion carried: 6/0 LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, September 14, 2010 at 7:00 pm Members Present: Members Absent: Also present: John Sepenoski, Chairman Maureen Cullinane Chris Baiz Lillian Ball (7:18 p.m) Ray Huntington Monica Harbes Eric Keil Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Randy Parsons, The Nature Conservancy Commencement: · The meeting began at 7:18 pm. with four LPC members present EXCERPT FROM 9/14/2010 ADOPTED LPC MEETING MINUTES The members entered into EXECUTIVE SESSION. Land Preservation Applications and Inquiries: · SCTM #1000-45-5-3 & 4 (Sill) Update: re: status of offer [executive session] Melissa reviewed project with LPC giving status of present offer, counter-offer Randy Parsons, The Nature Conservancy, reviewed information he had gathered re: closing of LIRR crossing and landowner's options to pursue opening it Randy suggested ordering a 2nd appraisal for lot (SCTM #1000-45-5-4) to get a second opinion re: value with grade crossing info Randy gathered MOTION made by John Sepenoski, seconded by Chris Baiz, to direct Randy Parsons of The Nature Conservancy, acting in his capacity under contract with the Town of Southold, to authorize an appraisal on the Town's behalf on SCTM #1000-45-5-4 LPC determined that there potentially could be a flaw in the appraisal as it per[ains to LIRR crossing if landowner could petition to have it opened. Motion carried: 4/0 Al Krupski recommended that the Sill project be brought before the Town Board at their next work session scheduled for September 21, 2010, before ordering a new appraisal Randy invited to attend to present project to Town Board END OF EXECUTIVE SESSION LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, August 24, 2004 Members Present: Members Absent: Also present: Ray Blum, Chairman Eric Keil Michelle Zaloom Fred Lee John Sepenoski Craig Arm Ray Huntington Bill Edwards, Town Board Liaison Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Commencement: The meeting began at 7:16 p.m. Five LPC members present. Vote for acceptance of 8/3/04 minutes held until next meeting. EXCERPT FROM 8~24~2004 ADOPTED LPC MEETING MINUTES Applications: SILL PROPERTY (Pipe's Cove area) SCTM # 1000-45-5-3 Location: 70282 Main Road, Greenport Total Acreage: +15.20 acres Zoned: LIO CPF: Yes Reviewed inquiry. Randy Parsons, The Nature Conservancy, met with Sill's attorney. There are two parcels Possible proposal being discussed would be to give Julia Sill life estate. MOTION made by Eric Keil, seconded by John Sepenoski, to direct Randy Parsons to order an appraisal of the properties. Motion carried 5/0, P R 0 P E R T Y V I S U A L S Property of Julia Sill, Pipe's Cove Greenport, NY 375 750 1,500 Feet ~ I ~,,_.L__J Owner: Julia Sill N SCTM 1000-45-5-3 and 4 ,~,~_.~: Area: -~/~ 23.5 acres s I I I I I I I I I I I I I 5 GRE£NPORT WEST I Tax Map Location I I ~.~./' ~/ ~ )... Town of Southold Section 2 of 4 New Zoning Map Adopted by Sou~hold Town Board on November 3, 2004 as Local Law No. 23 of 2004 Scale: ! inch = 1000 feet I I I I I NOt.~s: o~ idONUMI::-NT FOUNE) STAKE F::OUNI~ PIPF t=OUNC~ ! I I I I I I I ! I I ! ! [ ! ! ! ! I I I I I I ! ! ! I I Subject Photographs Front view of subject residence Rear view of subject residence ! I I I I I I I I I I I South side of residence North side of residence I I I I I I I I I I I I I ! I View of pond on subject property View of pond from residence Bing Maps My Notes I I I I I I I I ! I I I I ! ! 2 I I I Tax Map Location by Southold Town Board on November 3, 2004 as Local Law No, 23 of 2004 Scale: I inch = 1000 feet IprinJ page] ldose window/ Please set your printer orientation to "Landscape". Sill NYS DEC ~.~? ~ '~ be !~qu~r~,d,,P;case c~nt~ct ~'eur DEC R~g ~r~a', offi~ for mor,~, ;~ Visible Layers ! I I I I I I I ! I I I I I I ! Subject Photographs View of closed railroad crossing from SCTM 1000-45-5-3 View of deteriorated concrete structure ! I I I I I I I I I I I I I I ! View of silo and concrete structure View looking south along subjecffs no~hernmost boundary ! I I I I I I I ! ! ! I ! I ! ! View looking northeast along subject's western boundary ! I I I I I I I I I I I I I ! ! Bing Maps My Notes E N V I R O N M E N T A L S U M M A R Y February 14, 2011 Jeffrey S. Larson, Esq. The Nature Conservancy 99 Bedford Street, 5th Floor. Boston, MA 02111 RE; Sill to The Nature Conservancy SCTM 1000-45-5-3 Dear Mr. [,arson: This letter will confirm that we, Robert J. Fabrykewicz, Katheen Fabrykewicz, and Lois Nichols, as Trustees of the Julia L. Sill Trust dated December 6, 2010 have removed or caused the removal of"rubbish" from tax parcel 1000-45-5-3, (hereafter the "Subject Parcel"), which is to be sold to the Town of Southold, as assigned of The Nature Conservancy under the Option to Purchase with The Nature Conservancy dated November 8, 2010 and the amendments and clarifications in the letter by which The Nature Conservancy exercised its Option to Purchase dated December 15, 2010. Specifically, we or our agents have completed the following tasks: 1 ) Made an inspection of the Subject Parcel, except within the single family dwelling occupied by Julia Sill; 2) Removed the motor vehicles, trailers, farm equipment and household garbage or rubbish that were evident from the Subject Parcel. You are welcome to make an inspection of the Subject Parcel to confirm the above prior to the Closing of title. The provisions of this letter shall not survive delivery of the deed. Sincerely, Julia Sill Trust ' By Lois Nichdls, Trustee By Kathleen Fabrykewicz, TrustL'~e-~ By Robert J. l~abrykewicz, Trustee Cc: Mary Wilson, Esq. Phase I Environmental Site Assessment Sill's Farm Property 70282 and 70284 Main Road Greenport, NY 11'944 Prepared for: Prepared by: The Nature Consm?vancy P.O. Box 5125 142 State Route 114 East Hampton, New York 11937 Engineering, Surveying and Zandscape Arcbttecture, EC. 2150 Ioshua's Path - Suite 300 Hauppauge, New York 11788 January 17, 2011 Engineering, S~erveylng and LandscaJ)e ArdJitecture, £C. Executive SummarY This document is a Phase I Environmental Site Assessment ("ESA') prepared to determine evidence of recognized environmental conditions ("RECs') and/or potential environmental concerns ('PECs') in connection with the residential property located on the southeastern side of Main Road (a.k.a., New York State ["NYS'] Route 25) betweer~ Pipes Neck Rsad to the southwest, and Old Main Road to the northeast, in Greenport West,' Town of Southold, Suffolk County, New York (hereinafter the "subject property"). The subject property is identified by the street addresses of 70282 and 70284 Main Road, and as District 1000 - Section 045.00 - Block 05.00 - Lot Nos. 003.000 and 004.000 on the Suffolk County tax maps. The topographic elevation of the subject property ranges from mean sea level (on-site pond and wetland areas) to approximately 15 feet above mean sea level ('amsl'), northern portions of the property adjacent to.the residence. The approxin~ate depth to grotmdwater in the area of the subject property ranges from approximately 12 feet below feet below grade su~?face ('bgs') in the areas with the highest elevations, proximate to the residence, to grade surface at Moore's Drain and associated marshiand areas, VHB Engineering Surveying and Landscape Axchitecture, P.C. ("VI-lB") was able to establish a history for the property dating back to at least 1936. According to a review of available Town and County records, historic aerial photographs, as well as personnel interviews, the subject property has been OWned by the Sill's family fr°m at least 1936. The Sill's family operated a dairy farm on the site until at least 197.6 and possibly as late as 1985. The farm buildings were allowed to decay and former pasttu'e land bas revegetated. The residence on Lot 1Nfo. 3 remains occupied by the Sill's family. ' Tbe property is currently developed with a two-story residential home (Lot No. 3) and the remnants/ruins of several farm buildings (Lot lqo. 4), associated with the site's historic use as a dairy farm. A small unnamed pond is located on the south- central portions of Lot No. 3, with areas of wooded wetlands north and south of the pond and tidal marshlands bordering portions of the southern and eastern property boundaries. The residence is currently occupied, although dairy farming operations ceased between 1976 and 1985. 'v~i~'~'~'~i'i~ ~'~'~'~'~'~'~J~[~ ~f~;'i~ ~e d betwee~ tho incorporated Village ot G reenpod and t~e Hamle! Southold, Greenport West shares a 7Jp code ~01h tbs Incor0orated Village ol Greenport. The area In which subject proFerty is located is also idenlifled by the name Arsharnonaque. Executive Sunm~ary Engineering, Sucveylng and LancL~cape Arcbitecture, Based on the results of the site inspection, records review and interviews, it was determined that there were RECs with regard to the subject site..RECs are those conditions, which could adversely affect the environmental integrity of the property. The RECs are summarized below: Underground storage tanks ("USTs"), floor drains and/or on-site sanitary disposal systems- associated with the identified former farm buildings may be present at the site, which have the potential to impact the subsur(ace. Bottom sediments within the identified on-site sanitary structuze5 may have been impacted by inadvertent discharges related to historic site operations. Such an impact would represent a violation of the United States Environmental Protection Agency ('USEPA" Underground Injection Control ('UIC") Program and Suffolk County Department of Health Services ("SCDHS') r~gulalions. Based upon the above findings and conclusions, VI-IB reconmrends foll6wing: The site inspection identified the presence of two fuel oil aboveground storage tanks ("ASTs') associated with the former {armhouse, as such it is urdikely that a UST is associated with this structure. This building may have been also be heated by wood or coal, prior to the fuel oil. Given the nature of the other building uses Costa, garage, milk house), it is unlikely that these structures were heated. Alt~mugh no evidence of USTs or ASTs was observed at the time of the site inspection, it is possible that UST piping and/or additional ASTs were obscttred beneath the' collapsed buildings/buiiding debris. As such, a cor&ingency plan should be prepared to evaluate and properly abandon any USTs and/or AST indentif4ed during dgmc~lition/redevelopment. Given the nature of the property's use, as a residence and dairy farming operation, it is unBkely that on-site sanitm3~ system(s), would present a signkficant risk to the subsurface. However, future re-development of the property would likely require the removal/abandonment of the sanitary system in accordance with USEPA and SCDHS regulations. In addition, should the future use of the property include the denroBtion end removal of the formed farm buildings, a contingency plan should be prepared to evaluate and properly abm~don any LIIC strnctmces indentified during demolitian/redevelopment. In addition to the RECs, VHB identified several environmental concert{s. The environmental concerns and VHB's recommendations are summarized as follows: The out of-service ASTs associated with the former farm bui/di~gs should be removed from the site and properly disposed in accordance with applicable regulations. Pm'ther, ii' future plans ~or the'site do not include th~ ruse of the ASTs associated with the residence, then they should also be removed {rom the site and properly disposed. ii Execulive Stmmlary Engi~eet~ng, Surveyin~ and Zand$cape Arcbitecture, Several fluorescent light fixtures were obsei'ved in the garage building, based on the age of the building, ballasts.ossociated with these fixtures may contain PCBs. It is aLso possible that fluorescent lights were present in one or more of the collapsed farm buildings. VHB recomnaands that polychlorinated biphenyl ("PCB") sttrveys be performed prior to demolition and/or renovation activities. Any PCB-containing equipment affected by the development of the site must be properly managed during demolition and/or renovation activities. In addition, while the disposal of non-leaking PCB ballasts is not currently regtdated by the USEPA, VHB reconunends that the PCB ballasts be packaged in a lined, steel drum containing an absorbent material and disposed of as PCB-waste to reduce the potential for environmental conteaxtination and potential liability for cleanup of any environmental release of PCBs from the ballasts. Interior paint within the residence was in good condition with no evidence of chipping and/or peeling paint. The exterior of the residence consisted of unpainted vinyl siding. Paint, where present on the interior and exterior of the farm building ruins was in very poor conditibn, with widespread areas of chipping, peeling and worn or missing paint. The lead contents of the paints are unknown, however, based upon the ages of the btfildings, the presence of lead- based paint ("LBP') is possible. Therefore, VHB recommends that a lead paint survey be conducted prior to any renovation/demolition activities. The disposal of lead paint waste resulting from renovation or demolition activities may be subject to federal and State regulations. Suspect asbestos-contah~ing pipe insulation was identified within the basement of the residence. No asbestos-containing material ("ACM") was identified within the accessible portions of the former farm structures. However, as the buildings were partially collapsed and some areas were not accessible at the time of the site inspection, VHB makes no representations regarding the presence of ACM beneath the coLlapsed/inaccessible portions of these buildings, in addition, due to the ages of the buildings/stru.ctures, it is possible that roofing ,"md other (inaccessible) building materials may contain asbestds. No sampling of suspect ACM was conducted in coordination with il'tis Phase I ESA. If activities in the buildings (i.e., refiovation or demolition) will distxu'b m~y suspect asbestos material, then VI-lB recouunends that an asbestos survey be performed to determine if ACM are present print to the proposed work. If ACM are present, then a New York-licensed contractor must be retained to remove ~he asbestos in accordance with federal and State regulations. Engineering, Szcrveytng and Zandscape Architecture, 17. C 1?ne on-site pond is classified as New York State ("NYS') frestiwater wetland (SO-13) and a PUBHIa potential federal wetland. In addition, M6ore's Drain and associated marshland areas comprising the southern and eastern portions of the subject property, aad various wooded wetlemd areas located south, east and northeast of the pond, as well as south of the site access roadway are classified as FC, HM, IM and SM tidal wetlands and as E2EM1Pd, PSS1E, PSSIF, PFO1E, and PEM1E potential federal wetlands. Under the Freshwater Wetlands Act, the NYSDEC administers a permit program regulating activities in freshwater wetim~ds and their adjacent areas extending up to 100 feet from the wetland boundary. The NYSDEC requires a permit for almost any activity which will alter wetlands or the adjacealt areas, including: the construction, reconstruction, and or expansion of structures; movement of earth material; and land clearing. Federal wetlands are protected under the jurisdiction of the United States Army Corps of Engineers and a Corps Perrrdt may be required prior conducth~g any work on the proppr ty which will alter the wetlands and/or the adjacent areas, including: the construction, reconstruction, and or eypansion of structures; land clearing, the movement of earth material; and the subdivision of land. Under the Tidal Wetiands Act, the NYSDEC administers a permit program regulating Activities in tidal wetlands and their adjacent areas extending up to 300 feet inland within New York. The NYSDEC requires a permit for almost any activity wtfich will alter wetl~mds or the adjacent areas, including: the construction, reconstruction, and or expansion of structures; movement of earth material; and subdivision of land. Although not all wetlands are classified as protected and require NYSDEC permits, the United States Army Corps of Engineers also has jurisdiction over tidal wetlands, and a Corps Permit ri{ay be required whether or not NYSDEC requires one. Federal wetlands are protected under the jurisdiction of the United States Army Corps of Engineers and a Corps Pernfi~ may be required prior conducting any work on the property which wLll alter the wetlands and/or the adjacent areas. Therefore, the presence of NYS freshwater, NYS tidal and 3otential federal wetiands on a~d adjacent to the subject property will. likely impact and/or restrict the future use and development of the property. Federal Emergency Management Agency ("FEMA".) Flood Insurance Rate Maps ("FIRMs") indicate that southern and eastern pc~rflons of the subject property, with elevations equal to or below six feet above mean sea level ("amsl'), is located within the 100-year flood.zone. In addition, adjacent ar.e~s to the northwest, extending slightly beyond the northern side of the on-site pond are located within the 500-year flood zone. This indicates that there is a ~ignific~nt risk o~ flooding at the subject property. In addilion, far southeastern portions of iv Executive Sunzmary Engineering, Sttrveying and Landscap~ Arcbitecture, the subject property, along Moore's Drain are classified as a coastal barrier resource system a~ea and withJxl file area of moderate wav~ action, where damage may occur related to waves greater tha~ 1.5 feet in height. Although, flooding does not specifically represent an environmental risk, the property's location witlfin the flood zone will likely impact and/or restrict its future use and development. Surveying and Landscape Arcbite6~ure, PC ~raph No. 1: View along the LIRR tracks, bisecting the subject property, looking northeast. ~View of the residential home on Lot No. 3, looking west. Surveying and Landscape Architecture, PC Photograph No. 3: View of the garage and silo structures associated with the former dairy farm, looldng southeast, Photograph No. 4: View of the nfilk house associated with the former dairy farm, looking nm-theast. Surveying and Landscape Architecture, P.C ?hotograph No. 5: View of the pond located on the south-central portion of Lot No. 3~ looking northeast, Photograph No. 6: View of tidal marshlands along the eastern boundary of the subject property~ looking north. Surveying and Landscape Architecture, PC. Phot~h No. 7: View of access roadway to the subject property, looking so~--ntheast from Main Road. · · ' w looking southwest along the LIRR tracks showing the ~%e concrete barriers where the access roadway crosses the tracks. and Landscape Architecture, P.C Photograph No. 9: View of two 275-gallon fuel oil ASTs and a propane AST located on the northwestern exterior of the residence. Photograph NO,~,, !0: View of vent and fill piping on the northeastern exterior of the residence and associated with an out-of-service AST in the building basement. Surveying and Landscape Architecture, P.C. Photograph No. 11: View of the out-of-service 275-gallon filel oil AST located in the basement of lhe residence. Photograph No. 12: View of t, vo 275~gallon fuel oil ASTs associated with the former farmhouse ~tructure. Surveying and LandscapeArchitectuze, £C Photograph No. 13: View of the suspected sanitary cesspool, located east of the residen ce. Photoffralah No. 14: View of the pole-mounted electrical transformer located proximate to the north ot' the residence. , Surveying and Lanclscape Architecture, RC Photograph No. 15: View of a suspect PCB-containing light ballast within the garage (former farm building area). Photograph No. 16: View of the garage and ruins of the collapsed barn structure associated with the former dairy farm, looking west. S~rveying and Landscape Architecture, PC. P~hhotograoh No. 17: View of the remains of the former farmhouse building. P~hoto~ra h~h~h~h~h~h~h~h~h~h~No. ~.~2 View of a discarded boat, located southwest of the former farm buildings. Surveying and Landscape Architecture, P.C. ~o. 19'_. View of the discarded truck camper located in the wooded area north of the on-site pond. Photg~ View of suspect asbestos-containing pipe insulation in the basement of the resadenc . 70282 and 702B4 Main Road, Greenpo~,N¥ Jan., 201 ~ Wetiands ~ Other User Remarks: DeLorme Street Atlas USA® 2010 Figure 1 - Site Location Map Scale 1: 31,250 FIGURE 2 - SITE AERIAL SITE NAME: Sill's Farm Property STREET ADDRESS: 70282 and 70284 Main Road ~/IINIClPALITY, STATE, ZiP: Greenport, NY 11944 pRoJECT NUMBER: 28345.00 SCALE: As ShoWn J FIGURE 3 - T~  SlTE NA~E: Sill's Farm Prope~y STREET ADDRESS: 70282 and 70284 Main Road ~INIOIPALITY, STATE, ZIP: Greenpo~, NY 11944 I~ ROJEOT NUMBER: 28345.00 6ALE: As Shown FIGURE 4 - TOPOGRAPHIC MAP i NAME: Sill's Farm Property ADDRESS: 70282 and 70284 Main Road ,iIClPALITY, STATE, ZiP: Greenport, NY 11944 pROJECT NUMBER: 28345.00 SCALE: As Shown FIGURE 5- WATER TABLE ELEVATION MAP ,~TE NAME: Sill's Farm Property STREET ADDRESS: 70282 and 70284 Main Road ~NIClPALITY, STATE, ZiP: Greenport, NY 11944 pROJECT NUMBER: 28345,00 SCALE: As Shown ~E FIGURE 6 - ALDICARB coNTAMINATION IN GRouNDWATER SITE NAME: Sill's Farm Property STREET ADDRESS: 70282 and 70284 Main Road MINICIPALITY, STATE, ZiP: Greenport, NY 11944 PROJECT NUMBER: 28345.00 scALE: As ShoWn 811fi ~E: Sill's Farm Prope~y STREET ADDRESS: 70282 and 70284 Main Road MINIClPALITY, STATE, ZIP: Greenpod, NY 11944 PROJECT NUMBER: 28345.00 SCALE: As Shown ZONE X 1430000 FY ZONE X ZONE X MAP 0 SCALE '~' = 5OO' 500 1000 ~ FEET E ~ METE PANEL 0159H NSURANCE RATE MAP for SUFFOLK COUNTY, NEW YORK CONTAIN~S: C_OMMUNIT~Y NUMBE~R SHELTER ISLAND, 360809 TOWN OF SOUTHOLD, TOWN OF 360813 PANEL 159 OF 1026 MAP SUFFIX: H MAP NUMBER 36103C0159H MAP REVISED SEPTEMBER 25, 2009 E N V I R O N M E N T A L I N D E M N I T Y ENVIRONMENTAL INDEMNITY AGREEMENT This is an agreement between the Town of Southold, a municipal corporation of the State of New York having an mailing address of P.O. Box 1179, Southold, New York, 11971(the Town) and The Nature Conservancy, Inc. a non-profit corporation organized under the laws of the District of Columbia, having its principal office at 4245 North Fairfax Drive, Suite 100, Arlington, Virginia 22202 and maintaining an New York State Office at 195 Kamer Road, Suite 200, Albany, New York 12205 (the Conservancy). RECITALS The Conservancy has offered to make a sale, at a significant discount, of that parcel of land located at 70284 Route 25, Greenport, NY 11944 being Suffolk County Tax Map Lot Number 1000-45-5-4 as more specifically described in Exhibit A attached hereto and incorporated herein (the Property). In conjunction with this sale, the Town has agreed to indemnify the Conservancy against any loss or damage resulting from any prior use or presence of hazardous materials on the Property. The Conservancy is relying on this indemnity in agreeing to purchase the Property from JULIA SILL, by Lois Nichols, having a mailing address of H.C. 1 Box 7A5, Gilbert, PA 18331, and by Kathleen Fabrykewicz, and Robert J. Fabrykewicz, having a mailing address of P.O. Box 15, South Jamesport, NY 11970, her Durable Power of Attorney (Sill). NOW, THEREFORE, in consideration of the Conservancy's willingness to purchase the Property from Sill and sell the Property to the Town, and other valuable consideration and incorporating the recitals above, The Town agrees as follows: 1. The Town will defend, indemnify and hold the Conservancy harmless against and in respect of any and all damages, claims, losses, liabilities, and expenses, including without limitation, reasonable legal, environmental consulting, engineering, and site remediation or clean-up expense, incurred by the Conservancy, that arise out of or in connection with (a) the use, ownership, and operation of the Property by the Conservancy, or by its predecessors in interest or third parties, at any time prior to the date on which the Conservancy transfers title to the Town, and (b) hazardous materials that are first present, alleged to be present, or threatened to be present prior to the date on which the Conservancy transfers title to the Property to the Town. 2. For the purposes of this Agreement, use, ownership, and operation shall include, but shall not be limited to, generating, manufacturing, refining, producing, storing, handling, managing, transferring, processing, or transporting any hazardous materials by the Conservancy or by the Conservancy's predecessors in interest or third parties. 3. For the purposes of this Agreement, "hazardous materials" shall mean any substances defined as or included in the definitions of "hazardous substances," "hazardous material," "hazardous chemical," or "hazardous waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 6901 et seq., and in the regulations adopted, published, and/or promulgated pursuant to said laws, or any other federal, state, or local statute, law, ordinance, code, rule, regulation, order, decree, or other requirement of any governmental authority regulating, relating to or imposing liability or standards of conduct concerning an hazardous, toxic, or dangerous substance or material or pollutant or contaminant. Without limiting the foregoing "hazardous materials" shall be defined to also include petroleum products and petroleum by-products. 4. The obligations of the Town and the Conservancy to each other as provided in this Agreement shall survive the transfer of title to the Property from the Conservancy to the Town. These obligations are for the sole benefit of the Town and the Conservancy. 5. If either party receives any claim, notice or complaint from any government agency or office or from any third party regarding the presence, potential presence or threatened presence of any hazardous materials at the Property, the party receiving the notice shall as soon as reasonably possible notify the other party in writing at the following address or at such other address as the parties may specify: Failure to provide notice as required herein shall not affect the validity or applicability of the other provisions of this Agreement. 1N WITNESS WHEREOF, the parties hereto have set their hands and seals on February 201 . TIE NATURE CONSERVANCY Jcl S. Larson Se [6r Attomey and Assistant Secretary TOWN OFSOUTHOLD Its: Town Supervisor P U B L I C H E A R I N G RESOLUTION 2010-912 ADOPTED DOC ID: 6373 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-912 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 16, 2010: RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ November 30~ 2010~ at 7:40 p.m.~ Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of the properties, owned now or formerly by Julia Sill, identified as SCTM #1000-45-5-3 and SCTM #1000-45-5-4. The total area of the properties is 23.5=k acres. The addresses of the properties are, respectively, 70282 Route 25 and 70284 Route 25 in Greenport, New York. The properties are, respectively, located within the LIO (Light Industrial Park/Planned Office) and R- 80 (Low Density Residential) Zoning Districts. The proposed acquisition is for the Town to acquire fee title to both properties, totaling 23.5+ acres, for open space purposes. The exact area o£the purchase is subject to a Town provided survey. The purchase will be funded by the Community Preservation Fund. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved for open space, nature preserve, passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped shoreline. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails, and limited parking for access purposes. The properties are adjacent to, and in the vicinity of, other properties within the Pipes Cove Area which have been preserved for similar purposes, and the use of the property will be in conjunction with uses that may be developed for the overall Pipes Cove Area. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Park Stewardship and Management Plan for preserved properties within the Pipes Cove area. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman Resolution 2010-912 Board Meeting of November 16, 2010 AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ November 30~ 2010~ at 7:40 p.m, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of the properties, owned now or formerly by Julia Sill, identified as SCTM #1000-45-5-3 and SCTM #I000-45-5-4. The total area of the properties is 23.5± acres. The addresses of the properties are, respectively, 70282 Route 25 and 70284 Route 25 in Greenport, New York. The properties are, respectively, located within the LIO (Light Industrial Park/Planned Office) and R-80 (Low Density Residential) Zoning Districts. The proposed acquisition is for the Town to acquire fee title to both properties, totaling 23.5+ acres, for open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase will be funded by the Community Preservation Fund. The properties are listed on the Town's Commnnity Preservation Project Plan as properties that should be preserved for open space, nature preserve, passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped shoreline. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails, and limited parking for access purposes. The properties are adjacent to, and in the vicinity of, other properties within the Pipes Cove Area which have been preserved for similar purposes, and the use of the property will be in conjunction with uses that may be developed for the overall Pipes Cove Area. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Park Stewardship and Management Plan for preserved properties within the Pipes Cove area. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Rome 25, Southold, New York, and may be examined by any interested person during business hours. Dated: November 16, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON November 24, 2010 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Land Preservation Comptroller Town Clerk's Bulletin Board SO[?IHOLD I'OWN BOARD PUBLIC HEARING Novcmber 3(L 2010 7:40 PM Present: Supervisor Scott Russell Justice Louisa Evans Councihnan Albert Krupski, Jr. Couucilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Attorney Martin Finnegan Deputy Town Clerk Linda Cooper This hearing was opened at 7:45 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Toxvn of Southold hereby sets Tuesda¥~ November 30~ 2010~ at 7:40 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of the properties, owned now or formerly by Julia Sill, identified as SCTM #1000-45-5-3 and SCTM # 1000-45-5-4. The total area of the properties is 23.5± acres. The addresses of the properties are, respectively, 70282 Route 25 and 70284 Route 25 in Greenport, New York. The properties are, respectively, located within the LIO (Light Industrial Park/Planned Office) and R-80 (Low Density Residential) Zoning Districts. The proposed acquisition is for the Town to acquire fee title to both properties, totaling 23.5_+ acres, for open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase will be funded by the Community Preservation Fund. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved for open space, nature preserve, passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped shoreline. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails, and limited parking for access purposes. The properties are adjacent to, and in the vicinity of, other properties within the Pipes Cove Area which have been preserved for similar purposes, and the use of the property will be in conjunction with uses that may be developed for the overall Pipes Cove Area. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Park Stewardship and Management Plan for preserved properties within the Pipes Cove area. Sill Property Purchasc '~ November 30. 2010 FUR]] IER NOTICE is hereby given that a more detailed description of the above mentioned parccl of land is on filc in I.and Preservation Department, Snuthold Town Hall Annex. 54375 Route 25. Southold, New York, and may be examined by any interested person during business hours. We have a letter from the LWRP coordinator, Mark Terry, 'The proposed acquisition of fee title o1' the proposed property for passive open space purposes, thc action has been reviewed and is consistent with the policy standards and thercfore is consistent with the LWRP.' A notice that it was posted in the Suffolk Times dated November 25, 2010 and that it was on the Town Clerk's bulletin board posted on November 22, 2010. And that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular matter? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro, Land Preservation Coordinator. The subject of tonight's hearing of the two properties located in what we have been calling the Pipes Cove area, both the properties arc accessed fi'om SR 25 in Greenport. One properly is just under 15 acres and is located on the north side of the railroad tracks and the other property is just under nine acres and located on the south side of the railroad tracks and in front on Pipes Neck creek. The town and county have worked fbr many years on preservation of properties within the area we call the Pipes Cove area and the Sill properties are significant properties within this area and we are happy to have this opportunity to work with the landowners towards preservation of them. The total purchase for the fee acquisition of the entire area of both properties is $538,000. This is based on a purchase price of $488,000. for the north property and $50,000. tbr the south property. There is an existing residential dwelling on the north property and the life estate for Julia Sill has been reserved on the portion of the property that contains the house and lawn. The appraisal for the property, the value of the property with the life estate and the total purchase price is in accordance with an appraisal prepared for that property. The Nature Conservancy has facilitated and worked under a contract with the town on most of the projects within the Pipes Cove area, including this one. Due to certain circumstances of this acquisition the Nature Conservancy may help to facilitate this acquisition by actually purchasing the properties directly from the landowner with the intent then to sell the properties back to the town. The proposed resolution, the purchase of properties, as denotes the property owners as Julia Sill or the Nature Conservancy as contract vendee. The purchase of the acquisition, as noted, is for open space purposes. The Community Preservation Fund will be used to fund it. The town does not intend to continue the residential use of the property past the term of the life estate and does not intend to keep the residential structure for any sort of future purpose. The land preservation funds are proposed to be used for stewardship of both of the properties and details for that will be described at the appropriate times in the town's community preservation fund management and stewardship plan. Sanitary flow credits have been calculated and it is estimated that one sanitary flow credit may be available after the town purchases the property and the term of the life estate is Sill Propcrty Purchase November 30. 2010 completed. Transl'er ol' the credit is not finalized until a separate meeting and attthorization comes from the Town Board. The Land Preservation Committee is in favor ol' continning the Pipes Covc preservation efforts with the acquisition of these properties and recommends that Town Board proceed with the purchase. Thank you. SUPERVISOR RUSSEI.L: Thank yon. COUNCILMAN ORLANDO: Melissa, just one other thing, I stopped down there the other day. Julia has her wits about her, she knew someone was down there, wanted to knox,,- who was down there. I don't think she is going anywhcre any time soon. Good for her. But I just wanted to confirm, thc town is not responsible for any maintenance on that house, going fbrward aftcr we purchase it. MS. SP1RO: No, we will be working all that out on the life estate but no, the town will not be maintaining the house. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this acquisition'? COUNCILMAN TALBOT: I would just like to make a comment. I think when this was proposed by the Community Preservation Committee and Melissa, I didn't know it was there, that farm. An old dairy farm right on the Bay and the pictures of it and I went down there as well and it is a beautiful piece of property and it will be a great addition to our open space. MS. SPIRO: A family' member is here tonight if you have any questions. COUNCILMAN TALBOT: Thank you. SUPERVISOR RUSSELL: Just gratitude and thanks that you were willing to work with us on the preservation of this important piece. Thank you. This hearing was closed at 7:45 PM Linda J. Cooper Deputy Town Clerk S E P U R C H A S E R E S O L U T I O N RESOLUTION 2010-943 ADOPTED DOC ID: 6432 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-943 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 30, 2010: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of fee title to certain properties, owned now or formerly by Julia Sill, or from The Nature Conservancy as Contract Vendee of the property owned by Julia Sill, on the 30t1' day of November, 2010, at which time all interested parties were given the opportunity to be heard: and WHEREAS, said properties are identified as SCTM #1000-45-5-3 and SCTM #1000-45-5-4. The addresses of the properties are, respectively, 70282 Route 25 and 70284 Route 25 in Greenport, New York. The properties are, respectively, located within the LIO (Light Industrial Park/Planned Office) and R-80 (Low Density Residential) Zoning Districts; and WHERESAS, the proposed acquisition is for the Town to acquire fee title to the entire area of the two properties known as the Sill Property, totaling 23.5+, acres for passive open space purposes. The exact area of the purchase is subject to a Town provided survey; and WHEREAS, the Seller has reserved a life estate for Julia Sill on that portion of SCTM #1000-45- 5-3 that contains the house and lawn; and WHEREAS, the purchase price is $488,000 fbr SCTM 1000-45-5-3, and $50,000 for SCTM# 1000-45-5-4, xvith the total purchase price being $538,000 (five hundred thirty-eight thousand dollars) for the entire 23.5+ acre purchase. The purchase will be funded by the Community Preservation Fund; and WHEREAS, the purchase of fee title to these properties for open space purposes is in conformance ~vith the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved for open space, park, nature preserve and passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped beach land and shoreline; and WHEREAS, proposed uses of the properties may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The properties are adjacent to, and in the vicinity of, other properties preserved within the Pipes Cove Area for similar purposes and use of the properties will be in conjunction with passive recreation uses that may be developed for the Pipes Cove Area. The Town does not intend to continue the residential use of the properties past the term of the life estate and does not intend to keep the residential structure tbr any future purposes. The Nature Conservancy will be working in partnership with Resolution 2010-943 Board Meeting of November 30, 2010 the Town to prepare a Pipes Cove/Arshamomaque Park Stewardship and Management Plan for preserved properties withiu the Pipes Cove area. Community Preservation Funds will be used for stewardship of the properties with details to be described in the Town's CPF Management and Stewardship Plan; and WHEREAS. as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold. Section 117-5, the Land Preservation Coordinator has estimated that 1 (one) Sanitary Flow Credit may be available for transfer from the properties upon the Town's purchase of the properties and upon termination of the life estate. The transfer of this Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer in the Town TDR Bank; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review') of the Town Code and LocaI Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire fee title to this open space acquisition; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title on these properties; and WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to certain properties identified as SCTM #1000-45-5-3 and SCTM #1000-45-5-4, owned now or formerly by Julia Sill, or from The Nature Conservancy, as Contract Vendee of the properties owned by Julia Sill. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP Coordinator and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk Updated: 11/30/2010 3:33 PM by Lynda Rudder Page 2 Resolution 2010-943 Board Meeting of November 30, 2010 RESULT: ADOPTED [UNANIMOUS[ MOVER: William Ruland. Councilman SECONDER: Vincent Orlando. Councilman AYES: Ruland. Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 11/30/2010 3:33 PM by Lynda Rudder Page 3 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or Project Sponsor) 3. PROJECT LOCATION: Municipati{y ~:~..,~'t,~C)~t'~ '""~4)/~ ~/~I~N~(3i?.~'~ Coun~ ~U~0~ ~ 4. PRECISE L~TION (S~t address and road interse~ions, prominent landmass, etc., or pm~de map) 5. PROPOSED ACTION IS: [~ONew [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOU~ OF ~D~FECTED: Initially Z~,~ ~ a~s Ultimately Z~.5' a~es 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EX ST NG LAND USE RESTRICTIONS? [] No if No, describe bbefly WHAT IS PRESENT LAND USE IN VICINITY OF P eJECT? 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR I~OCAL)? [] Yes ~1~ o If Yes. list agency(s) name and permit/approvals: 11. DOES ANY ASPECT qr~ THE ACTION HAVE A CURRENTLY VALID PERMiT OR APPROVAL? La Yes ,~No if Yes. list agency(s) name and permit/approvals: 12. AS A RESULT OF PRCJPOSED ACTION VVILL EXISTING PERM T/APPROVAL REQUIRE MODIFICATION3 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appticant/sponsorname: ~J~-.[,~,~;.~:..* ~'~_ ~.,'7.~ ~-'~Od'~'HOl.{3, L-¢l~l~"~l'(~&~'c~/o.~.('~Of~, Date: II/~.~l~O' Signature: ~~ ~ If the action is in the Coastal Area, and you are a s~te agency, complete the Coas~l Assessment Form before proceeding with this assessment O~R PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) IA. DOES ACTION EXCEED ANY T'~PE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes. coordinate the review process and use the FULL FAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. E~] Yes [~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shetifish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefiy: C4. ^ communiiy's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: C6. Long term, shod term, cumulative, or other effects not identified in Cl-C57 Explain briefly: C7. Other impacts (indedlng changes in use of either quantity or type of energy)? Explain briefly: WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAeLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? Yes ['~ No If Yes, explain bdefly: E. IS THERE OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes r~z~o if Yes, explain briefly: PART III - D~ ~ r-RMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (t) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. I[ question O of Part II was checked ~es, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Checkthisboxffyouhaveidenfifiedoneormorepotenta y argeorsignificantadverseimpactswhlchMAYoccur. ThenproceeddtrectiytotheFULL FAF and/or prepare a positive declaration. j~Check box if have based the information and analysis above and suppoding documentation, that the proposed action WIL this you determined, on any NOT resuit in any significant edveme environmental impacts AND provide, on attachments as necessary, the reasons supporting this detem~ination Name of Lead Agency Print or Type Nam~o~esponsible Offi~,q~ln Lead Agency Date Title of Resp~ble Officsr Sign'ature'6f Pr6parer (If ~l~rerd froT~"respansible officer) OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: From: Date: Re: MEMORANDUM Town of Southold Town Board / Mark Terry, Principal Planner LWRP Coordinator November 29, 2010 Purchase of a fee title to certain properties, owned now or formerly by Julia Sill, or from The Nature Conservancy as Contract Vendee of the property owned by Julia Sill. Location: 70282 Route 25 and 70284 Route 25 in Greenport, New York SCTM #1000-45-5-3 and SCTM #1000-45-5-4. The proposed acquisition is fee title of 23.5+, acres of property for passive open space purposes, The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Martin Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator A S S I G N M E N T O F O P T I O N ASSIGNMENT OF OPTION · Reference is made to a certain Option for the Purchase of Real Estate, dated November 8, 2010, by and between JULIA SILL, by Lois Nichols, having a mailing address of H.C. 1 Box 7A5, Gilbert, PA 18331, and by Kathleen Fabrykewicz, and Robert J. Fabrykewicz, having a mailing address of P.O. Box 15, South Jamesport, NY 11970, her Durable Power of Attorney, ("Seller") and The Nature Conservancy, a non-profit corporation organized under the laws of the District of Columbia (the "Conservancy"), with respect to two parcels of land located in the Town of Southhold, Suffolk County, New York as more particularly described in the Option (the "Property") The two parcels are further described below as "Parcel 3" and "Parcel 4". A copy of the Option is attached hereto as Exhibit A. The option was exercised and amended by certified letters dated December 15, 2010, copies of which are attached hereto as Exhibit B. The Conservancy, in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid to it by the Town of Southhold (the "Town"), the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, assigns and transfers to the Town, its successors and assigns forever, all of its right, title and interest in and to the Option with respect to one of the two parcels subject to said Option, in particular: The parcel located at 70282 Route 25, Greenport, New York, 11944 being Suffolk County Tax Map Lots Number 1000-45-5-3. ("Lot 3"). The Town accepts this assignment, and agrees to be bound by the terms and conditions contained in the Option with respect to Lot 3 and to release and discharge the Conservancy from any and all liability thereunder with respect to Lot 3. The Conservancy shall continue to be bound by the terms and conditions contained in the Option with respect to the parcel located at 70284 Route 25, Greenport, NY 11944 being Suffolk County Tap Map Lot Number 1000-45-5-4 ("Lot 4"). . IN WITNESS WHEREOF, the parties hereto have set their hands and seals on February !_0, ,2011. TH[NATURE CONSERVANCY Its:' enior Attorney and Assistant Secretary TOWN OFSOUTHOLD Its: Town Supervisor 2 OPTION FOR THE PURCHASE OF REAL ESTATE On this ~ day of November, 2010, JULIA SILL, by Lois Nichols, having a mailing address of H.C. 1 Box 7A5~ Gilbert, PA 18331, and Kathleen Fabrykewicz, and Robert J. Fabrykewicz, having a mailing address of P.O. Box 15, South Jamesport, NY 11970, her Durable Power of Attorney (hereinafter called "Seller") in consideration of One Thousand Dollars ($1,000.00), the receipt and adequacy of which is hereby acknowledged, and of the mutual covenants and agreements contained in this Option, grants to THE NATURE CONSERVANCY, INC., a non-profit corporation organized under the laws of the District of Columbia, having its principal office at 4245 North Fairfax Drive, Suite 100, Arlington, Virginia 22203 and maintaining a New York State Office at 195 New Karner Road, Suite 200, Albany, New York 12205 (hereinafter called "Conservancy"), and its successors and assigns, the exclusive right and option to purchase the following described premises, with any buildings and improvements thereon and all rights, hereditaments, easements, and appurtenances thereunto belonging, located at 70282 Route 25, G-reenport, New York, 11944 and 70284 Route 25, Gmenport, NY 11944 in the Town of Southold Suffolk County, New York, being Suffolk Tax Map Lot Number 1000 -45-5'-3 and Suffolk County Tax Map Lot Number 1000-45-5-4 containing in total 23.5 acres, more or less, and more particularly described in that certain deed dated 1/18/52 and recorded in the Suffolk County Clerk's Office in Liber 3312 at Page 298, attached hereto as Exhibit A and by this reference incorporated herein (hereinafter referred to as the "Property or "Premises"). TERMS AND CONDITIONS OPTION PERIOD. The Seller agrees that this Option will remain in effect fi.om the date of its receipt by the Conservo~!cy as executed by the Seller until December 15, 2010. This Option may be extended at the sole discretion of the Seller by written notice to The Nature Conservancy, Attn: Jeffi.?y S. Larson, Esq., 11 Avenue de Lafayette, 5th Floor, Boston, MA 02111. This Option shall be exercised by Cons~ervancy upon delivery of written notice to the Sellers by Conservancy to: Lois Nichols, having a mailing address 0fH,C. 1 Box 7A5, Gilbert, PA 18331; and Kathleen Fabrykewicz, and Robert J..Fabryk~ .wi.'cz' having a mailing address of P.O. Box 15, South Jamesport, Ny 11~.,70. Alt r[O¢~ r~ferqnced in this Paragraph shall be made by (i) 1 certified mail, return receipt requested, (ii) an established overnight carrier with receipt acknowledged by Seller, or (iii) facsimile with receipt acknowledged by Seller. CLOSING DATE. Closing will be within 60 days from the date of exercise of this Option, or as soon thereafter as a title insurance commitment, survey, and environmental inspection are received by the Conservancy and determined adequate by the Conservancy. The proposed deed and other documems to be submitted by Seller shall be received at least fifteen (15) days before closing by The Nature Conservancy, Attn: JerSey S. Larson, Esq., 11 Avenue de Lafayette, 5th Floor, Boston, MA 02111. PURCHASE PRICE. The total purchase price for the Property will be Six Hundred Eighty Thousand United States Dollars ($680,000.00). The remaining balance of $679,000.00 purchase price will be paid at closing by corporate or bank check, or by wire transfer, and the Conservancy acknowledges that the option consideration tendered to Seller under this Option shall constitute a part of the purchase price due hereunder. Seller and Buyer may mutually agree to adjust the $680,000 purchase price by letter prior to December 15, 2010. TITLE. Should the Conservancy want to acquire title insurance for the Property, it will be provided by and at the expense of the Conservancy. At closing, the Seller will provide, execute and deliver a good and sufficient bargaha and sale deed with covenants against grantor's acts, conveying in fee simple good, insurable, marketable title to the Property, including all right,title and interest of Seller in the Property and all mineral and water rights, and all hereditaments and appurtenances thereunto belonging, including legal access. Such conveyance shall be free and clear of all liens, encumbrances, or exceptions, other than those matters of record that do not, in the Conservancy's reasonable opinion, affect the marketability thereto. SURVEY. The parties agree that a recordable survey of the Property, certified to the Conservancy's title insurance company or TNC's assignee, may be prepared at the Conservancy's expense. 2 T1TLE DEFECTS. Should the Conservancfs title search find title defects in either or both parcels, including 1ack of legal access, the Seller shall have a reasonable period to correct such defects. If the Seller is unwilling or unable to correct such defects, the Conservancy may, at its own option, perform under this Option for either or both parcels subject to a mutually agreed upon adjustment in the purchase price to reflect Such title defect, or may, with'the Seller's consent, initiate such quiet-title action or other proceeding necessary to provide clear title and deduct the cost of such action, for example the Petition to Open the grade crossing filed by the Sellers with the NYSDOT on September 10, 2010, t~om the purchase prige, not to exceed $10,000, with the time for the closing extended until such proceeding has been resolved, including anY appeal thereof. If title is clear for one parcel before the other, the Conservancy may elect to dose on that one parcel before the other. In tlmt event, the purchase price shall be pro-rated as follows: 1) the northern parcel (SCTM 1000-45-5-3) may be acquired for $488,000; the southern parcel (SCTM 1000-45-5-4) may be acquired for $192,000. The parties may by letter and mutual agreement adjust either or both of the prorated values for each parcel. Should the Seller be unwilling or unable to convey a marketable title and the Couservaucy decides not to clear title itself subject to and in accordance with this Option, Buyer shall give Seller notice of its intention to terminate thifi Option, and this.Option shall terminate and neither party shall have any further claim~ against the other by reason oft. his Option, and the lien, if any, of the Conservancy against the Premises shall wholly cease. TAXES. Ali taxes, assessments, and ~ncumbrances (inCluding rollback taxes incurred as a result of a preferential tax assessment program) which may be a lien against the Premises at the time of conveyance to the Conservancy will be satisfied of record by the Seller at or before the transfer of title. If the Seller fails to do so, the Conservancy may pay any such taxes, assessments, and encumbrances and deduct such payments from the purchase price. Real estate taxes and assessments not yet a lien (if any) wilt be pro~ated as of the date of closing. The Seller will pay the documentary revenue stamp tax or transfer, conveyance or recordation tax, assessment or charge, if any. 3 RISK OF LOSS. All risk of loss or damage to the Property will pass from the Seller to the Conservancy at closing. In the event that such loss or damage occurs prior to closing, the Conservancy may, without liability, refuse to accept the conveyance of title, in which event the option consideration paid hereunder shall be fully refunded with interest; or it alternatively may elect to accept the conveyance of tire to such Property, or a portion thereof, in which case there shall be an equitable adjustment of the purchase price based on the change in circumstances. The Seller will deliver possession to the Property to the Conservancy at closing. 10. REMOVAL OF SUBSTANCES. The Seller shall remove any rubbish from the Property prior to closing. ---I ~ ~'-5 r~- C'~ ~, RIGHT OF ENTRY AND INSPECTION. Upon advance notice to the Seller, the Conservancy may enter upon the Property at reasonable tunes for surveying, and other reasonable purposes related to tiffs transaction. The Conservancy may also conduct an environmental inspection and assessment of the Property, and based upon said inspection revealing any problems that would interfere, in the Conservancy's sole judgment, with the use of the Property as a nature preserve, the Conservancy may terminate this Option, in which event the option consideration tendered by the Conservancy hereunder shall immediately be refunded with interest. The Conservancy may enter upon the Property for a fmai inspection immediately prior to closing, and should said inspection reveal the presence of any hazardous or toxic substances or substantial amounts of solid waste put upon the Property afrer the Conservancy's initial environmental inspection and assessment, the Conservancy may, at its discretion, terminate its obligation to close on the Property and receive back its option consideration tendered hereunder with interest. 11. PRESERVATION OF PROPERTY. The Seller agrees that the Property herein described shall remain as it now is until closing, and that Seller will prevent and refrain from any use of the ProPerty for any purpose or in any manner that would adversely affect the Conservancy's intended use of the property. Specifically, but without limitation, Seller shall make no alterations to any improvements, timber resources, other vegetation, topography, wetlands og', ~ watercourses, or other natural resources. In the event of such actions, the Conservancy may, without liability, either (a) refuse to accept the ~. ~veyance of title to the Property, in which case 4 all monies deposited under this Agreement shall be promptly refunded, or (b) the Conservancy may elect to accept conveyance of title to the Property or a portion thereof, in which case there may be a mutual and equitable adjustment of the purchase price based on the change in circumstances. 12. BROKER'S COMMISSION. The Seller and Buyer agree that no real estate broker brought about this sale nor is any broker due a real estate commission. Seller hereby represents and warrants that it has not retained any real estate agent or broker in connection with this transaction. The Conservancy hereby represents and warrants that it has not retained any real estate agent or broker in connection with this transaction. 13. SELLER'S REPRESENTATIONS AND WARRANTIES. The Seller hereby warrants and represents to the Conservancy the matters contained in the following subparagraphs and agrees to indemnify, defend and hold harmless the Conservancy from any loss or liability resulting therefrom. Said representations, warranties and indemnities shall survive closing. a. Notices. The Seller has not received any notices issued by any municipal or other public authority with regard to any work or improvements done or ordered by such authority to be done either before or after the date of this Option, except that the Long Island Railroad has informed the Sellers that it has closed the railroad grade crossing between the two parcels. The Seller has no reason to believe that any other notice will be issued after the option date. The Seller shall be responsible for any public improvements, assessments, notices or orders received prior to closing. Sellers have filed a Petition on September 10, 2010 to Reopen or Create a New Grade Crossing with the New York Sta{e Department of Transportation, a copy of which is attached hereto as Exhibit F. b. Title to the Property and Authority to Execute Documents. The Seller is the sole legal owner of the Property in fee simple and the Property is not subject to any lease or to any other estate or to any outstanding option, interest, or agreement of sale. Seller has the full power and authority to execute, deliver and peffonn under this Option and all agreements and documents referred to in this Option. c. NO Condemnation. There are no condemnation proceedings pending with regard to any portion of the Property and the Seller does not know of or have reason to know of any proposed condemnation proceedings with regard to any portion of the Property. However, the Long Island Railroad (LIRR) has advised the Sellers that it has closed the grade crossing over the tracks which provide legal access to the southern parcel (SCTM 1000-45-5-4). The Sellers have fred a Petition with the NYSDOT to reopen that access pursuant to Subdivision 2 of Section 97-a of the New York Railroad Law. That petition is now pending, and if resolved in favor of the Sellers, will restore legal access to the southern parcel (SCTIVl 1000-45-5-4). No Tenants. With the exception of the life tenancy described in Paragraph 17, no portion of the Property shall be occupied by any person or entity under any oral or written lease, agreement or in any other manner at closing. No Hazardous Substance. To Seller's knowledge, no hazardous substance or toxic waste has been generated, treated, stored, used, disposed of or deposited in or on the Property, and there is no hazardous substance or toxic waste in or on the Property that may affect it or any use thereof or that may support a claim or cause of action under the common law or under any federal, state or local environmental statute, regulation, ordinance or other enviromental regulatory requirement, nor has any action been instituted for enforcement of same. Underground Storage Tanks. To Seller's knowledge, there have not been and there are not now any underground storage tank~, septic tanks or wells located on or under the Property or if there have been or are any such tanks or wells located onthe Property, their location has been identified to the Conservancy in writing, they have been properly registered with all appropriate authorities, they are in full compliance with all applicable statutes, ordinances and regulations, and they have not resulted in the release of any hazardous or toxic substance, material, or waste into the environment. 14. DONORJSELLER/PURCHASER DISCLOSURE FORM FOR REAL ESTATE TRANSACTIONS. It is the policy of The Nature Conservancy (,'TNC") to identify conflicts of interest involving TNC, to assure that conflicts are fully disclosed, and then to take appropriate 6 action. In order to assist TNC is complying with this policy, TNC requests Seller to complete the form attached hereto as Exhibit "B,'. 15. TAXPAYER IDENTIFICATION NUMBER REQUEST. To inform the transferee (Buyer) that withholding of tax is not required upon Seller's disposition'of a U.S. real property interest, Seller shall complete and sign the Taxpayer Identification Number Request form W-9, attached hereto and made a part hereof as Exhibit "C". Seller understands that the information provided therein may be disclosed to the Intemal Revenue Service and certifies that all of the information contained therein is true, correct and complete. Tiffs provision and the certification contained herein shall survive the transfer of title and shall not merge with the deed of conveyance. 16. NON-FOREIGN AFFIDAVIT. The Seller agrees at or prior to Closing hereunder to furnish the Buyer with a nonforeign affidavit in the form attached hereto as Exhibit ~1)", as well as such other incidental and necessary affidavits as may be required by the title insmance company issuing a title insurance commitment for the Premises. 17. CERTIFICATION REGARDING MATERIAL SUPPORT AND RESOURCES TO TERRORISTS. Seller shall sign the Certification Regarding Material Support and Resources to Terrorists, attached hereto and made a part hereof as Exhibit ~E". In the event that any material misrepresentation in this Certification is discovered during the term of this Agreement, the Buyer may elect to terminate this Agreement. 18. LIFE ESTATt~. The Deed from the Seller shall reserve a life estate for Julia Sill (hereinafter "life tenant") for her exclusive possession, use and enjoyment of the rents, issues, and profits of her single family residence on the northern parcel (SCTM 1000-45-5-3) (the "Life Estate Parcel") for the natural lifetime of the life tenant. The life tenant's possession shall be exclusive for that portion of the Life Estate Parcel that contains the house and lawn, as shown on a sketch map attached hereto and made a part hereof as Exhibit "G'. The life tenant's possession of the remainder of the Life Estate Parcel shall be non-exclusive. The life tenant shall maintain and keep in good repair and condition said lands and premises, shall not commit or permit waste, and shall be solely responsible for all expenses, and ordinary and extraordinary repairs. Life tenant 7 shall pay all taxes, liens and assessments on the Life Estate Parcel accruing during said life tenancy, and shall retain full value fire and property damage insurance issued by a reputable company, such insurance to name The Nature Conservancy or its assignee as its interest may appear. The life tenant shall provide The Nature Conservancy or its assignee wSth credible proof at least annually that said insurance premiums, taxes (if any), liens and assessments (if any) have been fully paid. During said life tenancy, life tenants shall maintain bodily injury and property damage liability insurance in a responsible company for not less than $1,000,000 per occurrence, and $2,000,000 annual aggregate. Such policy or policies shall include The Nature Conservancy or its assignee as an additional insured, Life tenants shall indemnify and hold The Nature Conservancy or its assignee harmless from and against any and all claims, suits, damages, costs, losses and expenses which may result from or arise out of life tenants'.and their invitees' licensees', and guests' or others' use and occupancy of the lands and premises hereby conveyed. 19. RECORDING FEES. The Seller agrees to pay the New York State Real Property Transfer Tax as set by law and the fding fee for the Combined Real Estate Transfer Tax Remm and Credit Line Mortgage Certificate. Seller further agrees to pay the expenses of procuring and recording satisfactions of any existing mortgages. The Conservancy agrees to pay for recording of the deed and the fee for filing the New York State Real Property Transfer Report (TP-584). 20. TAX RE~ REom-~TATIONS. Seller hereby acknowledges that it has not relied upon representation made by or on behalf of the Conservancy concerning the possible tax consequences of this transaction. The Conservancy hereby advises Seller to seek its own pro fe s sion~al~¢~-regardin-glhe~-~6-p~ tr ansactio~finy-~Zl-atefftax~c_~ns equenc es. 21. ASSIGNMENT. The Conservancy shall have the fight to assign its rights under fins Opfioh~r° either or both parcels, including, without limitation, to The Town of Southold, Se.w Y?r..k, in ~ ~ which case, the Assignment shall be subject to a public heating and approval by ResolUtion of// ' -the S..ou~old Town Board. 22. EXHIBITS. The following ~ehed~e~to-an~d herein by reference: Exhibit A - Copy of Deed 8 Exhibit B - Donor/Seller/Purchaser Disclosure Form For Real Estate Transactions Exhibit C - Tax Payer Identification Ntanber Request Exhibit D - Nonforeign affidavit Exhibit E - Certification Regarding Material Support and Resources to Terrorists Exhibit F - Sellers Petition to NYSDOT to reopen grade crossing Exhibit G- Aerial Map of Life Estate Parcel 23. REPRESENTATION BY COUNSEL. Seller has been advised to seek advice from counsel, but has chosen not to retain an attorney before signing this Agreement. Seller has also been informed that there will be, and agrees to pay for, certain closing costs associated with the sale of the Property, including transfer taxes, various recording fees, payment of real estate taxes due (if any) and document preparation fees that may be charged by the closing agent. In addition, Seller requests that the Conservancy arrange for preparation of the deed transferring the Property to the Conservancy and agrees to pay the closing agent for the cost of this preparation. '24. CONSTRUCTION OF AGREEMENT. This instrument, executed in multiple counterparts, is to be construed as a New York contract, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties and their respective heirs, devisees,'executors, administrators, successors and assi~tm~ and may be canceled, modified or amended only by a written instmment execut?d by both Seller and the Conservancy. If two or more persons are named as Seller, their obligations shall be joint and several. SELLER: Julia Sill By Aci~/e~ tl~?/i-¢~;_~.' under Durable Power of Attorney TATE OF NEW YORK ) OUNTY OF ~tX~'~'o[[~ ) SS. 9 On the 47/-)t'x' day of November in the year 2010, before me, the undersigned, a Notary Public in and for said state, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, exe~j:!~strument. Notar~ Publi~ f AN(tELA FI. REESE {N. ~*,lo~,*'y Public, State of New York The Na~e Conservancy, Inc. No. 01RE5070894 \ X · Qualified In Suffolk County o~ O~ 0 ~,..~ ~) Commission Expires December 30, By: ~ STATE OF t~--W-YOR:K Pt Jrg 7A)- c-~$~'T-q COUNTY OF 5 ~] ¢~3L.~ ) SS. On the i [ -t~ day of November in the year 2010, before me, the undersigned, a Notary Public in and for said state, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) sdbscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the insmunent~ and '/~'h~x ( N~otary Public 10 TheNature Conservancy Protectin§ nature. Pleser~ing lile7 Eas[efn Resource Office 11 Avenue de Lafayette, 5th Floor Boston, MA 02111 - 1736 Tel (617) 542-1908 Fax (617) 482-5866 Fax (617) 5q2 1620 nature.or9 December 15, 2010 Julia Sill e/o Lois Nichols, her Durable Power of Attorney H.C. 1 Box 7A5 Gilbert, Pennsylvania 18331 and c/o Kathleen Fabrykewiez and Robert J. Fabrykewicz, her Durable Power of Attorney P.O. Box 15 South Jamesport, New York 11970 Via Certified Mail - Return Receipt Requested RE: The Nature Conservancy's Option to Purchase premises located at 70282 and 70284 Route 25, Greenport, in the Town of Southold, Suffolk County, New York, being Suffolk County Tax Map Lot Number 1000-45-5-3 and Suffolk County Tax Map Lot Number 1000-45-54 containing in total 23.5 acres, more or less Dear Ms. Nichols and Fabrykewicz and Mr. Fabrykewicz: Pursuant to the Option for the Purchase of Real Estate dated November 8, 2010 between Julia Sill and The Nature Conservancy (hereafter "Option"), Tho Nature Conservancy (hereafter "TNC") hereby exercises its Option to purchase the above-referanced parcels of land and improvemenlS. Furthermore, pursuant to paragraphs 3 and 6 oftbe Option, THC as Buyer and you on behalf of the Seller, hereby agree to an adjusted purchase price of $613,000, this amount being allocated as follows: $488,000 for the northern parcel with a single-family home where Julia Sill will retain a life estate, and $125,000 for the southern, waterfront parcel. Except for the adjustment to the purchase price as set forth abovel all of the terms, an.d conditions contained in the Option shall remain in full force and effect. Kindly sign h~ da~e where mdtcatea below. Sincerely, ,THE NATURE CON SERVANCY AGREED TO: AMENDMEN~ RIDER 1) Conservancy agrees both parcels will close simultaneously. 2) Rubbish removal frdm north~rn'parcel'on~y. 3) Assignment only to Town of Southo%d or other governmental' or non-profit organiz~ation for land preservation purposes. 4) 13d) Occupancy by caregiver to Julia Sill permitted. 5) Title subject to existing grade crossing conditions; conservancy to handle hearing. JULIA SILL ~ By: Lois Nichols, Durable Power of Attorney DATE: / By: Kathleen Fabrykowicz, Durable Power of Attorney DATE: By: Robert Fabrykewicz, Durable Power of Attorney DATE: Ce: Gail Wickham, Esq. C L O S I N G S T A T E M E N T CLOSING STATEMENT JULIA SILL to TOWN OF SOUTHOLD SCTM #1000-45-5-3 - 15.0300 acres Open Space Acquisition Life Estate - 0.6451 acre Location: 70282 Route 25 (Main Rd), Greenport, New York JULIA SILL to THE NATURE CONSERVANCY to TOWN OF SOUTHOLD SCTM #1000-45-5-4 - 8.7363 acres Open Space Acquisition Location: 70284 Route 25 (Main Rd), Greenport, New York Closing took place on Wednesday, February 16, 2011 at 2:00 p.m., Southold Town Hall Annex SCTM #1000-45-5-3 (SILL to TOWN OF SOUTHOLD): Purchase Price 2010-2011 Real Property Tax Reimbursement ($1671.53/yr): (Seller owes 78 days @ $4.5795/diem) Payable to "Julia L. Sill Trust dated 12/6/t0" (2/16/2011) $ 488,000.00 $ 478.56 $ 488,478.56 SCTM #1000-45-5-4 (SILL to THE NATURE CONSERVANCY): Purchase Price Down Payment Deposit 2010-2011 Real Property Tax Reimbursement ($4250.93/yr): (Purchaser owes 105 days @ $11.6464/diem) Payable to "Julia L. Sill Trust dated 12/6/10" # (2116/2011 ) $ $ $ 125,000.00 (1,000.00) 1,222.87 $ 125,222.87 SCTM #1000-45-5-4 (THE NATURE CONSERVANCY to TOWN OF SOUTHOLD): Purchase Price $ 50,000.00 TNC closing costs to be reimbursed by Town of Southold: 2010-2011 Real Property Tax Reimbursement ($4250.93/yr $ 1,222.87 Phase I ESA (VHB Engineering) Retainer Fee $ 1,400.00 Title Insurance Policy (Stewart Title Ins Co) $ 750.00 Recording fees for Sill to TNC closing $ 475.00 Payable to "The Nature Conservancy" (211612011) $ 53,847.87 2010-2011 Real Property Tax on Life Estate ($661.07/yr): Payable to "Town of Southold" (Seller owes 104 days @ $1.8112/diem) = $188.36 Paid in full by Personal (2116/2011) Balance remaining due on life estate by 513'1111 = $331.45 (Seller owes 183 days @ $1.8112/diem) Payable to "Town of Southold" cio Land Preservation Dept. Paid in full by Trust Check (5/5/2011) Project Expenses: Appraisals Frederick Wood Associates (2/1512005) 1,800.00 Lawrence Indimine Consulting Corp. (4/20/2010) 3,500.00 Given Associates, LLC (1/18/2011) 2,160.00 Survey John C. Ehlers Land Surveyor (2115/2011 ) 2,600.00 Monument Set John C. Ehlers Land Surveyor (12/6/2011) 100.00 Environmental Report (Phase I ESA) VHB Engineering, Surveying and Landscape Architecture, P.C. 2,800.00 Retainer fee paid by TNC (11/24/2010) Reimbursement to The Nature Conservancy Included in Closing (3/1/2011) $ 1400 $ 1400 Title Charges Stewart Title Insurance Company (2/16/2011) 3,347.00 Title insurance policy ($488,000) Recording deed Certified Copy Title insurance policy ($50,000) Recording deed Certified Copy $ $ $ $ $ $ 2O95 275 75 427 4OO 75 Title Closer Attendance Fee Payable to Patricia Fallon (2/1/2011 ) 100.00 2010-2011 Real Property Tax {2nd half) Payable to George R. Sullivan, Receiver of Taxes (2/16/2011 ) SCTM #1000-45-5-3 = $ 835.77 SCTM #1000-45-5-4 = $2125.47 2,961.24 Those present at Closing: Scott A. Russell Mary C. Wilson, Esq. Robert Fabrykewicz Kathleen Fabrykewicz Lois Nichols Abigail A. Wickham, Esq. Randy Parsons Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller (Power-of-Attorney) Seller (Power-of-Attorney) Seller (Power-of-Attorney) Attorney for Seller The Nature Conservancy Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst CLOSING STATEMENT The Nature Conservancy, Inc. to the Town of Southold 8.74+/- acres, Town of Southold, Suffolk County, New York Tax Map# 1000-045.00-05.00-004.000 TNC Account: Peconic Estuary (Sill) 2320209186.0014 Closing: February 16, 2011 Purchase Price Credits to Seller 2011 Town/School Taxes PAID $4,250.90/365 days = $11.6464/day x 105 days (2/16/11 to 5/31/11 )) = Phase I Environmental Assessment (VHB Engineering) Title Insurance Policy (Stewart Title) Recording Fees for Sill to TNC Closing TOTAL DUE SELLER AT CLOSING Seller The Nature Conservancy, Inc. Buyer Town of Southold $50,000.00 $1,222.87 $1,400.00 $750.0O $475.O0 $53,847.87 By: Randy Parsons By: Its: Conservation Finance and Policy Advisor Its: 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: Julia Sill 70282 Route 25 Greenport, NY 11944 SCTM #1000-45-5-3 Life Estate of Julia Sill Premises: 70282 Route 25, Greenport, New York 2010-2011 unofficial apportionment for house parcel: Includes Enhanced STAR & Sr Citizen Exemptions Calculation: $661.07 + 365 days = $1.8112/diem From 2/17/2011 to 5/31/2011 (104 days) = $188.36 Due 2/16/2011 From 6/1/2011 to 11/30/2011 (183 days) = $331.45 Due by 5/31/2011 Make check payable to "Town of Southold" Send to: Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Department P.O. Box 1179 Southold, NY 11971-0959 $661.07 FREDERICK WOOD ASSOCIATES INC. P.O, BOX 538 BELLPORT, NY 11713 PHONE 631.776.2541 FAX 631.776.2583 EMAIL fwaincl@optonline.net Frederick Wood Associates Inc. P.O. Box 538 Beliport, NY 11713 Town Southold , NY ORDER NUMBER BILLING DATE 2004-184 1/15/2005 Appraisal, Sill property, Greenport Please return invoice in envelope provided with payment made payable to Frederick Wood Associates FEE $1,800.00 PREV. PAYMENT DATE PAID $o.oo BALANCE DUE $1,800.00 Lawrence Indimine Consulting Corp. PO Box 1453 Smithtown, NY 11787 (631) 979-2735 Invoice Date Invoice # 2/16/2010 198 Bill To Town of Southold Deparanent of Land Preservation PO Box 1179 Southold, NY 11971-0959 Description Amount Appraisal of Real Property of Julia Sill 1,600.00 Located 70282 Main Road, Greenport, NY SCTM # 1000-45-5-4 Iple #10028 praisal of Property of Julia Sill 1,900.00 Located Main Road, Greenport, NY SCTM # 1000--45-5-3 ! OEPl O[ LAND t PRESERVA[ION I ! Thank you for your business. Total $3,500.00 GIVEN 548 Route 111, Suite 200 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To ] Randall Parsons, Conservation Finance & Policy Advisor The Nature Conservancy P.O. Box 5125 East Hampton, NY 11937 Invoice Dale I Invoice # 12/14/2010 [ 957 Please make check payable to: GIVEN ASSOCIATES, LLC File No. Terms 2010327 Due upon Receipt Description Amount Appraisal of Real Property of Julia Sill Lncated S/O Main Road. Greenport. NY S.C.T.M. # 1000-45 -5-4 2,400.00 Professional Courtesy less 10G -240.00 D~C 2 7 2010 DEP[. OF tAr,iD PRE SERYATIQN Thank you for your continued business. Balance Due $2.160.00 _GIVEN May.19.2010 09:13 PM PAGE. 1/ 2 JOHN C. EHLERS 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-3§9-8287 Invoice 1P-.2/20tl 2OO7327 Bill TO Town of Southoid I..snd PresefVB6an P.O. Box 1179 Soulhotd, N.Y. 11971 Your Client SC]M~ I My Job # ...... I loo0-45-.5-3 & 4 Date of 6e~vi~ 1/22/2011 1/22/2011 De~iption Current survey of propeffies 7.97 Acres and 10.06 Acres 2 men t day field Mepping to create sun~eys and Life Estate 1 man 1 Day Amount 1 ,OD0.00 1,000.00 JOHN C. EHLERS 6 East Main Street Riverhead, NY 11901 STATEMENT I DATE I INVOICE # I 1/23/2011I 2007242 ri'own of Southold Dept. of Land Preservation Town Hall Annex Southold, NY 11971 It:L: ~,II:)-J~U-UZ~U i-A~: ~3113-Jl~l-UZl:l! TAX MAP NUMBER MY JOB NUMBER DATE DESCRIPTION CHARGES BALANCE I 1/23/2011 Monument set as requested at the NE comer of the Sill Parcel 100.00 100.00 } Engi/leeriltg, SttrvqFhtg and Laitclscape Arcbttectttre, P.C remit lo: IOI Waln~l{ SB~l ~ PO Box 91 SI · Wate~own, Massachusetts 02471 617.924.1770 · FAX 612.924.2286 JAN 31 2011 Invoice Invoice No: 0007591 January 28, 2011 Mr. Randy Parsons The Nalare Conservancy 142 Rouie 114 P.O. Box 5125 Easl Hampton, NY 11937 VHB Project #: 28345.00 Phase I ESA Sills Farm Proper{y 70282 and 70284 Maln Road Greenport, NY 11944 Professional Services from January 23. 20'1'1 to February '19, 201'1 Fee Billing Phase Fee Phase I ESA 2,800.00 Total' Fee 2,800.00 Total Fee Percent Complete 100.00 Previous Fee Current Fee Earned Billing Billing 2,800.00 0.00 2,800.00 2,800.00 0.00 2,800.00 2,800,00 Total this Invoice $2,800,00 Outstanding Invoices Number 0000001 Total Date 11/24/10 Balance -1,400.00 -'1.400.00 Less Relainer Received ($1,400.00) TOTAL NOW DUE $1,400.00 r¢r~lt to: 101 Walnut Street. PO Box 9151 · Watertown, Massachusetts 02471 Payment Due Upon Receipt. Originolcop), STEWART TITLE INSURANCE COMPANY 707 Westchester Avenue~ Suite 411~ White plain% New York 10604 Phone: 800-433-4~98 or 914-993-9393 Fa~ 914-997-1698 FEEINSURANCECOVERAGE ~z/~o.J~.~r~ ~ FREMIUM $ .~, d)¢~O0 FAIR MARKET VALUE RIDER (Option) P~MIUM NEW YORK STATE TRANSFE~NSION TAX MORTGAGE TAX (Mo~gagee) ~MMUNITY PRESERVATION F~D STREET ~PORT ESCROW DEFOSIT ESCROW DEPOSIT FEE_ BANKRUPT(TY SEARCII _ ~RDING FEES: ( ) SATISFACTION(S) ( ) MORTGAGES) ( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEME~(S) ( ) MORTGAGE ~FIDA~T(S) ( ) ASSIGNMENT(S) TOTALCIIARGES $ ~OO., CLOSER CHARGES, IF ANY: PICK UP FEE OTIIER: PATRICIA L. FALLON Title Closer STEWART TITLE INSURA/~CE COMPANY 707 Westchester Avenue, Suite 411, White Plains, New York 10~04 Phone: 800-433-4695 or 914-993-9393 Fm~ 914-997-1698 Tifle No. ~T/O -1O O ~5-~ Date FEE INSURANCE COVERAGE ~9/~. ~'~ PREMIUM $ ~a~ 7~ FAIR MARKET V~UE RIDER (ODfio~) PREMIUM EN~RSEMENTS: Env~nmental Resident~l NEW YORK STATE TRANSFE~SION TAX ~MMUNITY PRESERVATION FUND DEPARTMENT~ SEARCIIES ST~ET REPORT E~?ROW DEPOSIT ESCROW DEPOSIT FEE ( ) MORTGAGF~S)_ ()CONSOLIDATION, EXTENSION&MODIFICATIONAGREEMENT(S) ( ) MORTGAGE AFFIDAVIT(S) ( ) ASSIGNMENT(S) TOTALCtI~GES ~ q~.~ CLOSER CIIARGES, IF ANY: PICK UP FEE OTHER: PATRICIA L. FALLON Title Closer OPFICE ADDRESS: 53095 ROUTE 25 - PO. BOX 1409 SOUTHOLD, 1N~ 11971-0499 473889 45.-5-3 ~2 Route 25 324 1,725,819 'I'UWI~4 UI~' ~,LIU'I'HOLLI CONSOLIDATED REAL PROPERTY TAX BILL DECEMBER 1, 2010 - NOVBMBER 30, 2011 TAXES BECOME A LIEN DECEMBER 1, 2010 IF THE WORD "ARREARS" IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE ~, 239 ON REVERSE SIDE. 17 15.20 STAR (ENH) AGED~LL AGED-ALL AGED~LL OFFICE HOURS & PHONE MON FRI 8:00 AM TO 4:00 PM 631 765-1803 FAX: 631-765 5189 005098 School 206,422 County 206,422 School 206,422 Town 210 1 Family Res Sill Julia 70280 Route 25 · ~PO~ NY 11944 12/07/10 Sill Julia 2,500 4,500 First Half 005099 Second Half 005099 LEVY DESCRIPTION ~; Greenport School ~ Greenport Library iSuffolkCou,~Tax Southold ToWn Tax $787.60 12/18/09 $787.60 12/18/09 LEVY % TAXABLE VALUE 4i2,844 AMOUNT 42.7 NYS Real Prop TaxLaw MTA Payroll TaX E-W Protection FD Solid Waste District 1.64% 2,250 12. t71 0.08% 2,250 0.619 18.33% 4,500 4.80% 4 :.,500 46o. % 23.3 ~8,00% 1.39 FIRST HALF TAX 835.76 DUE DEC 1,2010 PAYABLE WITHOUT PENALTY TO JAN. 10, 2011 SEE REVERSE BIDE FOR PENALTY SCHEDULE. SECOND HALF TAX DLIE eEC 1,2010 PAYABLE WITHOUT PENALTY TO MAY SIDE FOR PENALTY SCHEOULE AND COUNT THIS TA~ MAY BE PAiD IN ONE OR TWO INSTALLMENTS SECOND HALF ~ SOUTHOLD TAX LEVY · 2010-2011 DETACH STUB AND RETURN WITH SECOND HALF PAYMENT ~ RETURN BOTH STUBS FOR PAYMENT OF TOTAL TAX, MAKE CHECK PAYABLE TO GEORGE R. SULLIVAN, RECEIVER OF TAXES AND WRITE BILL NO, AND TAX MAP NO. ON FACE OF THE CHECK. PAID BY: [] ASSESSED [] OTHER Julia SUFFOLK COUNTY TAX MAP NUMBER 473889 45.-5-3 AMOUNT DUE BILL NO. The following bank branches located within the Town of Southold accept payments during regular business hours: Bridgehampton National Bank, Capital One and Suffolk County National Bank. 4738890000000045XZ5Z3005098100§OBO00000083577001671536 TOWN OF SOUTHOLD: TOWN & COUNTY 2010 TAXES F1SCAL YEAR: 12/01/2010 to 11/30/2011 WARi1ANT DATE: 12/07/2010 MAKE CHECK PAYABLE TO: GEORGE R. SULLIVAN RECEIVER OF TAXES sso9s MAr~ ~. PO BOX 1409 SOUTHOLD, NY 11971 PROPERTY OWNER: Sill Julia 70280 Route 25 Greenport, NY 11944 STATE Afl) - COUNTY: i324,951,90000 BANK TOWN: $1,725,81900 BILL NUMBER I PAGE 005098 I I OF I PROPERTY INFORMATION: TAX MAP #:473889 45.-5-3 DIMENSION: 15.20 acres RS: 1 CLASS: I Family Res ADDRESS: 70282 Route 25 SCHOOL: Greenport School FULL MARKET VALUE: UNIFORM % OF VALUE: ASSESSMENT; 41284400 1~09 4500 Exemption Value Full Value Tax Purpose STAR (ENH) 1340.00 122936.000 S AGED-ALL 2250.00 206422.000 C AGED-ALL 2250.00 206422.000 S AGED-ALL 2250.00 206422.000 T LEVY DESCRIPTION TAX LEVY PriorY'v. ~ RATE TAXABLE VALUE AMOUNT DUE SUFFOLK COUNTY TAX 54287505 0.0 19.01300000 2250 42.78 NYS REAL PROP TAXLAW 1319095 460.1 12.17100000 2250 27.38 MTA PAYROLL TAX 67142 -8.0 0.61900000 2250 1.39 SOUTHOLD TOWN TAX 27101748 2.4 251.87300000 2250 566.71 GREENPORT SCHOOL 10114142 4.6 637.78400000 ' 910 580.38 W ENPORT LIBRARY 856873 0.0 29.42500000 2250 66.2 I PROTECTION FD 712563 9.1 68.10300000 4500 306.4( SOLID WASTE DISTRICT 1877246 -14.0 17.82700000 4500 80.2~ PAYMENTS RECEIVED Receipt#:13794 Date Paid:01/06/2011 Tax: 835.76 Penalty: 0.00 Cash: 0.00 Check: 835.76 1st Installment Payment - LockBox Payment Surcharge: 0.00 NoticeFee:0.00 Ret. CheckFee: 0.00 Check #: Received from Sill Julia - Via Lockbox: $835.7~ Receipt#:17$51 Date Paid:02/17/2011 Tax: 835.77 Penalty: 0.00 Cash: 0.00 Check: 835.77 2nd Installment Payment Surcharge: 0.00 Notice Fee: 0.00 Ret. Check Fee: 0.00 Check #: 109028 Received from Town Od Southold - Via Counter: $835.7~ TOTAL TAXES PAID TO DATE: Printed on: 02/17/2011 12:58:14 PM OFFICE ADDRESS: 53095 ROUTE 25 - PO. SOX 1409 SOUTHOLD, NY 11971-0499 473889 45.-5-4 't'UWJ.N Ut~' ~:SUU'I*ttULD CONSOLIDATED REAL PROPERTY TAX BILL DECEMBER 1, 2010 - NOVEMBER 30, 2011 TAXES BECOME A LIEN DECEMBER 1, 2010 IF THE WORD "ARREARS" IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE ~. 239 ON REVERSE SIDE. ' 17 OFFICE HOURS & PHONE MON FRi 8:00 ~ TO 4:00 PM 631-765-1803 FAX: 631-765-51S9 005099 Route 25 8.30 324,951 1,725,819 321 Abandoned ag Sill Julia 70280 Route 25 Greenpo~t; NY 11944 12/07/10 Sill Julia 4,100 First Half 005100 Second Half 005100 LEVY DESCRIPTION Greenport School Greenport Library $1,986.04 12/18/09 $1,986.05 12/18/09 LEVY % TAXABLE VALUE: 4,100 2.84% Suffolk County Tax 1.83% ~4~' Southold Town Tax 64.35% 4,4oo 4.60% 0.00% 24.29% 4,1( 2.40% AMOUNT 2,614:91 77:9.~ 376~147 TOTAL TAX AMOUNT NYS Real Prop TaxLaw MTA Payroll Tax E-W Protection FD Solid Waste District 1.17% 0.06% 4,100 6.57% 4,100 1.72% ~ ¢~ 12.17i 0.619 68.103 460.10% '8.00% 9.10% 49.90 2.54 279.22 73.09 FIRST HALF TAX 2,'125.46 DUE DEC. 1,2010 PAYABLE WITHOUT PENALTY TO JAN. 10, 2011 SEE REVERSE SIDE FOR PENALTY SCHEDULE. SECOND HALF TAx DUE DEC 1,20~0 PAYABLE WITHOUT PENALTYTO MAY 31~ 201 SIDE FOR PENALTY SCHEDULE AND COUNTY TREASURER'S NOTICE 4,250:93 THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS SECOND HALF ~ SOUTHOLD TAX LEVY ° 2010-2011 DETACH STUB AND RETURN WITH SECOND HALF PAYMENT - RETURN BOTH STUBS FOR PAYMENT OF TOTAL TAX, MAKE CHECK PAYABLE TO GEORGE R. SULLIVAN, RECEIVER OF TAXES AND WRITE BILL NO. AND TAX MAP NO, ON FACE OF THE CHECK. PAID BY: [] ASSESSED [] OTHER Julia SUFFOLKCOUNTYTAXMAPNUMBER 473889 45.-5-4 AMOUNT DUE BILL NO. 2,125,47 005099 The following bank branches located within the Town of Southold accept payments during regular business hours: Bridgehampton National Bank, Capital One and Suffolk County National Bank. 4738890000000045XZ5Z4005099100000000000212547004250935 TOWN OF SOUTHOLD: TOWN & COUNTY 2010 TAXES FISCAL YEAR: 12/01/2010 to 11/30/2011 WARRANT DATE: 12/07/2010 MAKE CHECK PAYABLE TO: GEORGE IL SULLIVAN RECEIVER OF TAXES 53095 MAiN RD. PO BOX 1409 SOUTHOLD, NY t 1971 PROPERTY OWNER: SillJulia 70280 Route 25 Greenpo~,NY 11944 STATE AID - COUNTY: $324,951,900.00 BANK TOWN: $1,725,81900 BILL NUMBER PAGE 005099 I OF I PROPERTY~INFORMATION: TAX MAP #:473889 45.-5-4 DIMENSION: 8.30 acres RS: I CLASS: Abandoned ag ADDRESS: 70284 Route 25 SCHOOL: Greenport School FULL MARKET VALUE: UNIFORM % OF VALUE: ASSESSMENT: 376147.00 109 4100 I % Change From LEVY DESCRIPTION TAX LEVY Pdor ~ ~ RATE TAXABLE VALUE AMOUNT DUE SUFFOLK COUNTY TAX 54287505 0.0 19.01300000 4100 77,95 NYS REAL PROP TAXLAW 1319095 460.1 12.17100000 4100 49.90 MTA PAYROLL TAX 67142 -8.0 0.61900000 4100 2.54 SOUTHOLD TOWN TAX 27101748 2.4 251.87300000 4100 1032.68 GREENPORT SCHOOL 10114142 4.6 637.78400000 4100 2614.91 m ENPORT LIBRARY 856873 0.0 29.42500000 4100 120,64 PROTECTION FD 712563 9.1 68.10300000 4100 279.22 SOLID WASTE DISTRICT 1877246 -14.0 17.82700000 4100 ] 73.09 PAYMENTS RECEIVED Receipff4:13795 Date Paid:01/06/201 ! Tax: 2125,46 Penalty: 0.00 Surcharge: Cash: 0.00 Check: 2125.46 : 1st Installment Payment - LockBox Payment 0.00 Notice Fee: 0.00 Ret. Check Fee: 0.00 Received from Sill Julia - Via Lockbox: $2125.46 Receipt#: 17550 Date Paid:02/17/2011 Tax: 2125.47 Penalty: 0.00 Cash: 0.00 Check: 2125.47 2nd Installment Payment Surcharge: 0.00 Notice Fee:0.00 Ret. Check Fee: 0.00 Received from Town of Southold - Via Counter: $2125.47 TOTAL TAXES PAID TO DATE: $4250.93 Printed on: 02/17/2011 12:56:41 PM R E C O R D E D D E E D S SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED WITH LIFE ESTATE Number of Pages: 8 Receipt N~mher : 11-0027708 TRANSFER TAX NUMBER: 10-16247 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 045.00 05.00 EXAMINED AND CHARGED AS FOLLOWS $488,00O.00 03/10/2011 02:19:14 PM D00012653 623 Lo t .' 003. 000 Received the Following Fees For Above Instrument Exempt Page/Filing $40.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $5.20 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 10-16247 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $20.00 NO $15.00 NO $125.00 NO $0.00 NO $30.00 NO $0.00 NO $250.20 J~JDITH A. PASCALE County Clerk, Suffolk County Number of pages TORRENS Serial g. Certificate #, Prior Cfi. #. Deed / Mortgage Instrument 4 Page / Filing Fee Handling ~ __ TP-584 a~I Deed / Mortgage Tax Stamp FEES Notation fi__ EA-52 17 (Co[mW) __ Sub Total EA-5217 (State) ] o~k~" P~P.T.S.A. ~'~ ~ Comm. offal. 500 Reg. Copy Other ~ ~ Sub Total GRAND TOTAL Real Property Tax Service Agency Verification Section I Lot Stamp / i1004523 looo 04500 osoo 003000 ~, H~ RECORSED CLERK OF SUFFOLK COUHTV L 500012653 P 623 DT# 10-16247 Recording / Filing Stamps 1. Basic Tax 2. Additional Tax Sub Total Or Spec./Add. TOT. MT(}, TAX Dual Town Dual County__ Held for Apportionment 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 # , Preservation Fund Consideration Amount $ $ TD /~J~ TD TD Title Company Information Co. Name ~7~o~n~z- Title # Suffolk County Recording & Endorsement Page This page forms part of the atlached BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. lOVER) l l e- lO Itt 5 Standard N Y BT U Fom~ 8002 - Bargain and Sale Deed, with Covenant against Grantors Acts - Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made as of the /(p day of February, 2011 BETWEEN ROBERT J. FABRYKEWICZ. KATHLEEN FABRYKEWICZ, and LOIS NICHOLS as Trustees of the Julia L. Sill Trust dated December 6, 2010, residing at 44 Washington Avenue, South Jamesport, New York 11970; 44 Washington Avenue, South Jamesport, New York 11970; and H.C. 1, Box 7A5, No # Mountain View Drive, Gilbert, PA 18331, respectively, the party of the first part, TOV~N OF SOUTHOLD, a municipal corporation having a principal office at 53095 Main Road, PO Box 1179, Southold, New York 11971, party of the second part, WITNESSETH, that the party of the first part, in consideration of~iT~t'~and ~2/I00 ($|0.~0) - dollars, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, as more fully described in Schedule A attached hereto. Subject to and reserving a Life Estate to Julia L. Sill in the premises described in Schedule "B" annexed hereto. Schedule C annexed hereto and made a part hereof contains additional terms with respect to the rights and obligations of the Life Tenant. Reserving a right of way for ingress and egress from the Main Road, Route 25 over other land of the party of the second part and over the premises conveyed herein along the existing dirt driveway to the Life Estate Parcel described in Schedule B for the benefit of the Life Tenant, said right of way being more fully described in Schedule D attached hereto. Subject to a right of way for ingress and egress over the existing dirt driveway on the premises described in Schedule A for the benefit of SCTM#1000-045.00-05.~-004.000, in accordance with the further terms set forth in Schedule C. Being and intended to be a portion of the premises conveyed to Julia Sill, as surviving tenant by the entirety, by deed dated January 18, 1952 and recorded in the office of the Clerk of the County of Suffolk on January 21, 1952 in Liber 3312 of Deeds at Page 298, and conveyed by Julia Sill to the party of the first part by deed dated December 6, 2010, recorded January 24, 2010 in Liber 12649 page 291. WHEREAS as set forth in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote ora majority qfthe Town Board after a public heating and upon the approval of the electors of the ToWn Voting 0fl a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of real property acquired by the Town prior to any such amendment. All other provisions of Chapter 17 of the Code of the Town of Southold and Town Law 64-e apply to this conveyance to the Town of Southold. 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 all the estate and rights of the patty of the first part in and to said premises; TO HAVE AND TO ItOLD 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 encumbered 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 a if it read "parties" when ever 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 PR/ESENCE OF: ~ULIA SILL by Rf~ERT J. ~BRY~ICZ, POt~R OF ATTORNEY Attorney- in-fact 1'0 I~E RECORDED ROB ERTtJ.&t~B RYKEW~ C Z, Trustee ABRYl~WI~l'rustee BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of Suffolk, ss: Onthe /~,dayof February, intheyear 2011 before me, the undersigned, personally appeared ROBERT J. FABRYKEWICZ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscdbed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, tbe individual(s), or the person upon behalf of which lhe individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) Notary Public State of New York, County of Suffolk, ss: On the /'~ day of February, in the year 2011, before me, the undersigned, personally appeared KATHLEEN FABRYKEWICZ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) Notary Public PATRICIA L FALLEN Notary Public, State Of New¥org No. 01FA495014g Qualified In Suffolk County Commission Expires April 24, PATRICIA L. FALl-ON Notary Public, State Of New York No. 01 FA4950146 Qualified In Suffolk County Commiss on Exp res Apr I 24, State of New York, County of Suffolk, ss: On the /~ day of February, in the year 2011, before me, the undersigned, personally appeared LOIS NICHOLS personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she~lhey executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument (signature and office of individual taking acknowtedgement) Notary Public pATR~CtA L. FALLON Notary Public, State Of New ~o, 01FA4950146 Qus hied n Suffo t( County Commission Exp res Apr I 24 District: 1000 Section: 045.00 Block: 05.00 Lot: 003.000 SCHEDULE A - Description of Entke Property SCHEDULE B Description of Life Estate Parcel SCHEDULE C - Terms of Life Estate SCHEDULE D - Description of Life Tenant's Right of Way BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Robert J. Fabrykewicz., Kathleen Fabrykewicz and Lois Nichols as Trustees of the Julia L, Sill Trust dated December 6, 2010 TO Town of Southold SCHEDULE A - DESCRIPTION AMENDED 2/9/2011 District: 1000 Section: 045.00 Block: 05.00 Lot: 003.000 ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a railroad monument set 18.79 feet northerly from the northerly side of the Long Island Railroad Company; said monument being where the westerly line of land now or formerly of the Town of Southold and the easterly line of land herein described intersects said northerly side of the Long Island Railroad Company; RUNNING THENCE northerly and westerly along land herein described the following four (4) courses and distances: (1) (2) (3) (4) North 11 degrees 03 minutes 20 seconds East, 755.81 feet to a point; South 50 degrees 42 minutes 30 seconds West, 992.08 feet to a point; South 40 degrees 11 minutes 30 seconds West, 40.63 feet to a monument; North 47 degrees 20 minutes 50 seconds West, 334.02 feet to land now or formerly of Reiter's Seven Acre Farm Inc., at the true point or place of beginning; THENCE from said true point or place of beginning along said land, South 29 degrees 09 minutes 10 seconds West, 491.31 feet to a pipe set at the northeast corner of land now or formerly of Michael Pekunka and Barbara Marczewski; THENCE along said land and along land now or fortnerly of the Town of Southold and through a railroad monument, South 52 degrees 52 minutes 40 seconds East, 598.53 feet to land now or formerly of (MTA) Long Island Railroad; THENCE along said land North 54 degrees 40 minutes 10 seconds East, 800.72 feet to a point; THENCE North 11 degrees 03 minutes 20 seconds East, through a railroad monument and along land now or formerly of the Town of Southold, 774.60 feet to a point; THENCE along said land the following three (3) courses and distances: South 50 degrees 42 minutes 30 seconds West, 992.08 feet to a point; South 40 degrees 11 minutes 30 seconds West, 40.63 feet to a monument; North 47 degrees 20 minutes 50 seconds West, 334.02 feet to land now or formerly of Reiter's Seven Acre Farm Inc., the point or place of BEGINNING. $ GqtE. BIILE ~B~ LIFE ESTATE PARCEL (part of Tax Lot 003.000) ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a railroad monument set 18.79 feet northerly from the northerly side of the Long Island Railroad Company; said monument being where the westerly line of land now or formerly of the Town of Southold and the easterly line of land herein described intersects said northerly side of the Long Island Railroad Company; RUNNING THENCE northerly and westerly along land herein described the following four (4) courses and distances: (1) (2) (3) North 11 degrees 03 minutes 20 seconds East, 755.81 feet to a point; South 50 degrees 42 minutes 30 seconds West, 992.08 feet to a point; South 40 degrees 11 minutes 30 seconds West, 40.63 feet to a monument;North 47 degrees 20 minutes 50 seconds West, 334.02 feet to land now or formerly of Reiter's Seven Acre Farm Inc., at the true point or place of beginning; THENCE from said true point or place of beginning along said land South 29 degrees 09 minutes 10 seconds West, 170.00 feet to a point; THENCE South 47 degrees 20 minutes 50 seconds East, 170.00 feet to a point; THENCE North 29 degrees 09 minutes 10 seconds East, 170.00 feet to a point; THENCE North 47 degrees 20 minutes 50 seconds West, i70.00 feet to the true point or place of BEGINNING. SGHEI}WLE nD*" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at point distant the following two (2) courses and distances from a monument set of the southerly side of Main Road (S.R. 25); said point also being the boundary between lands now or formerly of Reiter's Seven Acre Farm Inc. and land now or formerly of Town of Southold: Southerly 54.04 feet from said monument set on the southerly side of Main Road (S,R. 25); North 54 degrees 25 minutes I0 seconds East, 23.70 feet to the true point or place of beginning; RUNNING THENCE South 39 degrees 15 minutes 46 seconds East, 74.11 feet; THENCE South 37 degrees 22 minutes 30 seconds East THENCE South 37 degrees 18 minutes 24 seconds East THENCE South 34 degrees 06 minutes 19 seconds East THENCE South 27 degrees 30 minutes 07 seconds East THENCE North 47 degrees 20 minutes 50 seconds West THENCE North 27 degrees 47 minutes 49 seconds West THENCE North 34 degrees 16 minutes 46 seconds West THENCE North 38 degrees 05 minutes 50 seconds West THENCE North 37 degrees 10 minutes 28 seconds West THENCE North 38 degrees 55 minutes 22 seconds West 77.93 feet; 90.48 feet; 46.25 feet; 45.65 feet; 29.46 feet; 19.05 feet; 52.25 feet; 70.93 feet; 95.84 feet; 67.23 feet; THENCE North 54 degrees 25 minutes 10 seconds East, 9.62 feet to the point or place of BEGINNING. SCHEDULE C TERMS OF LIFE ESTATE This conveyance is made sul~ject to the condition that title to the premises described in Schedule "B" shall vest in The Town of Southold upon the death of JULIA L. SILL, and by acceptance of this grant the Grantee hereby agrees to such condition. JULIA L. SILL reserves to herself a life estate which permits the exclusive possession, use and enjoyment of the rents, issues, and profits of the above granted lands and promises fbr and her natural lifetime (hereinafter "life tenant"). The life tenant shall maintain and keep in good repair and condition said lands and premises, in substantially the same condition as at present, shall not commit or permit waste, and shalI be solely responsible for all expenses, and ordinary and extraordinary repairs. Life tenant shall pay all taxes, liens and assessments accruing during said life tenancy, and shall retain full value tim and property damage insurance issued by a reputable company, such insurance to name The Town of Southold as its interest may appear. Life tenant shall provide The Town of Southold with credible proof at least annually that said insurance premiums, taxes, liens and assessments (if any) have been fully paid. During said life tenancy, life tenant shall maintain adequate bodily injury and property damage liability insurance in a responsible company. Such policy or policies shall include The Town of Southold as an additional insured. Life tenant shall indemnify and hold The Town of Southold harmless frown and against any and all claims, suits, damages, costs, losses and expenses which may result from or arise out of life tenant' and their invitees' licensees', and guests' or others' use and occupancy of the lands and premises hereby conveyed. The Life Tenant shall benefit from a right of way for ingress and egress to the life estate property along the existing dirt driveway solely to benefit the Life Tenant as described in Schedule "D". Life tenant shall be responsible to repair and maintain its lawful Right of Way to the Premises. Life tenant acknowledges that Grantee has no practical access to its lands adjacent to the life estate parcel as described in Exhibit B and agrees to permit access across its life estate parcel on the existing driveway to Grantee with reasonable notice by Grantee tbr the purpose of Grantee's inspection and management of its adjacent parcels. In the event life tenant thils to pay taxes or other claims, suits, costs and other expenses shall become a lien against the property. Life Tenant shall be responsible for reasonable attorney fees and costs to enforce said lien. The premises shall be vacated by the heirs and legal representatives of the life tenant within sixty (60) days from the date of the life tenant's death. Entry thereafter by The Town of Southold shall not release said life tenant, her heirs, successors and assigns, from any claim or action The Town of Southold may have. TO HAVE AND TO HOLD said granted promises, with all the privileges and appurtenances thereof, to the said Grantee, The Town of Southold, its successors and assigns, to their own use forever; AND the said Julia Sill, for herself and her heirs, executors and administrators, do covenant with the said Grantee, its successors and assigns, that until the ensealing of these presents they are the sole owners of the promises, and have good right and title to convey the same in manner aforesaid, that they are free from every encumbrance, except as hereinabove mentioned; and further hereby engage to warrant and defend the same against all lawful claims whatever, except as heminabove mentioned. iN WITNESS WHEREOF, Julia Sill, the life tenant, hereunto sets her hand and seal this 16th day of February, 2011. ~'ttlLIA L. SILL by ROB~E~(T J. ffABRY~WlCZ, Attorney- in-fact POWER OF^TTO~N~y SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 5 Receipt Number : 11-0027708 TRANSFER TAX NUMBER: 10-16249 District: 1000 ~eedAmount: Recorded: At: LIBER: PAGE: Section: Block: 045.00 05.00 EXAMINED AND CHARGED AS FOLLOWS $50,000.00 Received the Following Fees For Page/Filing $25.00 COE $5.00 EA-CTY $5.00 TP-584 $5.00 Cert. Copies $5.20 Transfer tax $0.00 TRANSFER TAX NUMBER: 10-16249 Above Instrument Exempt NO Handling NO NYS SRCHG NO EA-STATE NO Notation NO RPT NO Comm. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 3 1 2011 DEP]. OF LAND PRESERVATIOH JUDITH A. PASCALE County Clerk, Suffolk County 03/10/2011 02:19:14 PM D00012653 625 Lot: 004.000 Exempt $20.00 NO $15.00 NO $250.00 NO $0.00 NO $30.00 NO $0.00 NO $360.20 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument De*d / Mortgage Tax Stamp FEES TP-584 Notation EA-52 17 (County) ~ Sub Total EA-5217 (State) C:~,~{Z2~ ~ Comm. of Ed. 5. OO Affidavit Reg. Copy Other [ ~ Sub Total GRAND TOTAL Real Property Tax Service Agency Verification Dist. Section B lock Lot Stamp 'H004525 1000 04500 0500 004000 © , Date RECORD & RETURN TO: £ O, Sox //TY RECORDED CLERK OF SUFFOLK COU}iTV P 625 DT# lO-1624g Recording / Filing Stamps Mortgage Amt. 1. Basin Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County .__ Held for Apportionment Transfer Tax Mansion Tax The propeR3' covered hy this mortgage is or will be Improved by a one or two family dwelling only. YES__or NO If NO, see appropriate tax clause on page # of this instrument. * community Preservation Fund Consideration Amount $ CPF Tax Due $ ~x~ Improved TD TD TD ] Title Company Information Ice. Name Suffolk County Recording & Endorsement Page This page forms part ofthe atlached ,~,~t'~'g/~q AWA O'~,gt~ ~ madeby: (SPECIFY TYPE OF INSTR~ ) ~f'/4~ A,Id~7-Ii~¢ ~--~,~'3e~,~,VCV.~/,a/cl. 'Ibc premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of ,.~ e'f'~w/./ OF ~°e*~t~tO4) In the VILLAOE or HAMLET of BOXES 5 2~IRU 9 MUST BE TYPED OR PRINTED IN BLACK ~ ONLY PRI OR TO RECORDING OR FILING. BARGAIN AND SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS This Indenture made this [~ day of February, 2011 between THE NATURE CONSERVANCY, INC., a District of Columbia non-profit corporation, with a principal address at 4245 North Fairfax Drive, Arlington, Virginia 22203, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York with an address at 5309 Main Road, Southold, New York 11971, party of the second part. WITNESSETH That the party of the first part in consideration of One Dollar ($1.00) lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, its successors and assigns forever, all that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, and State of New York, and being more particularly described in Schedule "A", attached hereto and made a part hereof, and also known as: Street Address: 70284 Route 25 Tax Map Designation: District 1000, Section 045.00, Block 05.00, Lot 004.000 BEING the same premises conveyed to The Nature Conservancy, Inc., by deed from Robert J. Fabrykewicz, Kathleen Fabrykewicz and Lois Nichols, as Trustees of the Julia L Sill Trust dated December 6, 2010 and recorded in the Suffolk County Clerk's Office immediately prior to this instrument. WHEREAS as set forth in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of real property acquired by the Town prior to any such amendment. All other provisions of Chapter 17 of the Code of the Town of Southold and Town Law 64-e apply to this conveyance to the Town of Southold. SUBJECT TO any and all covenants, conditions, restrictions, easements and rights-of- way of record affecting said premises. THIS CONVEYANCE is made in the regular course of business of the party of the first part and does not constitute all or substantially all of the assets of the party of the first part. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns 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 encumbered 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. 1N WITNESS WHEREOF the party of the first part has duly executed this deed the day and year first above written. In Presence Of: Th~ature{j2Fervancy, Inc. By~eyfrey~L~son Its:"42/sistanf Secretary Hereby Duly Authorized Commonwealth of Massachusetts ) ) SS.~ County of Suffolk ) On the I(l~~ day of February in the year 2011 before me, the undersigned, a Notary Public in and for said state, personally appeared Jeffrey Larson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument and that such individual(s) made such appearance before the undersigned in the City of Boston, County of Suffolk, Commonwealth of Massachusetts. N~tary ~l~blic District: 1000 Section: 045.00 Block: 05.00 Lot: 004.000 ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a railroad monument distant South 60 degrees 49 minutes 50 seconds East 18.28 feet from the southerly side of the Long Island Railroad Company; said monument being where the westerly line of land now or formerly of Suffolk County, formerly of John Y. Appleby and the easterly line of land herein described intersects said railroad monument; RUNNING THENCE from said point of beginning still along land now or formerly of Suffolk County, formerly of John Y. Appleby South 53 degrees 14 minutes 20 seconds East, 396.58 feet to the tie line along the edge of Pipes Creek a/k/a Pipes Neck Creek; THENCE along said tie line the following twenty-three (23) courses (1) North 71 degrees 25 minutes 26 seconds East (2) North 39 degrees 58 minutes 14 seconds East (3) North 61 degrees 09 minutes 37 seconds East (4) North 33 degrees 10 minutes 21 seconds East (5) North 69 degrees 49 minutes 31 seconds East (6) North 55 degrees 43 minutes 16 seconds East (7) North 34 degrees 51 minutes 38 seconds East (8) North 52 degrees 05 minutes 41 seconds East (9) North 74 degrees 28 minutes 32 seconds East (10) North 53 degrees 49 minutes 16 seconds East (11) North 80 degrees 36 minutes 01 seconds East and distances: 48.35 feet; 74.78 feet; 69.56 feet; 46.74 feet; 19.36 feet; 56.56 feet; 23.81 feet; 86.12 feet; 99.83 feet; 23.64 feet; 111.65 feet; (12) North 65 degrees 01 minute 35 seconds East, 90.38 feet; (13) North 20 degrees 06 minutes 09 minutes East, 52.08 feet; (14) North 15 degrees 45 minutes 40 seconds West, 64.74 feet; (15) North 32 degrees 23 minutes 09 seconds East, 15.45 feet; (16) North 17 degrees 23 minutes 50 seconds East, 82.93 feet; (17) North 19 degrees 37 minutes 19 seconds West, 36.74 feet; (18) North 49 degrees 45 minutes 48 seconds West, 87.81 feet; (19) North 24 degrees 46 minutes 37 seconds West,, 28.47 feet; (20) North 10 degrees 21 minutes 20 seconds West, 33.24 feet; (21) North 10 degrees 16 minutes 54 seconds East, 44.71 feet; (22) North 04 degrees 25 minutes 56 seconds West, 30.74 feet; (23) North 10 degrees 23 minutes 25 seconds East, 108.77 feet to land now or formerly of (MTA) Long Island Railroad; THENCE along said land the following three (3) courses and distances: (1) South 54 degrees 40 minutes 10 seconds West, 332.46 feet; (2) North 35 degrees 15 minutes 24 seconds West, 13.50 feet; (3) South 54 degrees 40 seconds 10 seconds West, 796.87 feet to land now or formerly of Suffolk County, formerly of John Y. Appleby; THENCE along said land South 60 degrees 49 minutes 50 seconds East, 18.28 feet to the railroad monument first above-mentioned, the point or place of BEGINNING. 2 T I T L E P O L I C I E S ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY title insurance company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the CondiUons. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (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 er damage, not exceeding the Amount of Insurance, sustained or incurred by the insured by mason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is net limited to insuranee 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 decument affecting T'~e not properly created, executed, witeessed, sealed, ecknowledged, netarized, or delivered; (iv) fa{lure to perform these acts necessary to create a document by electrenic means authorized by law (v) a document executed under a falsified, expired, or utherwfse invalid paw~r of attorney {vi) a document not properly filed, recorded, or indexed in the Public Records including failure to pederm those acts by electronic means authorized by law; or (vii) a defective jodiciai or adminisffative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a govemmental authority due or payable, but unpaid. (c} Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the l~tle that would be disclosed by an accurate and complete land survey of tho Land. The term "encrcachmeet~ iocludes encroachments of exi~ng improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. Ne dght of accees te and from the Land. 5. Tho violation or enforcement of any law, ordinance, permit, or governmental regulation (including these relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimenaions, or location of any imprevement erected on the Land; (c) the subdivision of [and; or (d) envimnmectai protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violution or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exemise of a governmental police power net covered by Covered Risk 5 if a no~ce of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to tho extent of the enforcement referred to in that notice. 7. The exercise of the dghts of eminent domain if a notice of the exemise, desodbing any part of the Land, is recorded in the public Records. 8. Any taking by a governmental body that has occurred and is binding on tho dghts of a purchaser for value without Knowledge. Countersigned: Stewart Title Insurance Company New York, New York Serial No. O-8911-564052 policy, ~)u must furnish wriiten notice in accordance wilh Section 3 of the Conditions. Visit our Word-Wide Web site at hit D://www. St ewanNewYor k.com File No.: ST10-10095 COVERED RISKS (Continued) I~tle being vested other than as stated in Scbedule A or being defective (i) to be timely, or (a) as a result of the avoidance in whole or in par~, or from a court order {ii) to impart notice of its existence to a pomheser for value or to a providing an altemative remedy, of a transfer of all or any bert of tho judgment or lien creditor. title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included vesting I~tle as shown in Schedule A because that prier transfer in Covered Risks 1 through 9 that has been created or attached or has constituted a fraudulent or preferential transfer under tederet been filed or recorded in the Public Records subseguent to Date of Policy bankruptcy, state insbivency, or similar creditors' dghts laws; or and pber to the recording of the deed or other instrument of transfer in the (b) because the instrument of transfer vesting Title as shown in Public Records that vests Title as shown in Schedule A. Schedule A censtitstes a preferential transfer under federal Tr~e Company will also pay the co,ts, attorneys' fees, and expenses incurred in bankruptcy, state insblvency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent reason of the failure of its recording in tho Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erested 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) d~es not modily or limit the coverage provided under Covered Risk 5. (b) Any goverr4nental police power. Th~s Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. coverage provided under Covered Risk 7 or 8. Defects, liens, encembtances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not resorded 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; resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (howsver, this does not modify or limit the coverage provided under Covered Risk 9 and t 0); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Tale. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' dghts laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any re~son not stated in Covered Risk 9 of this policy. Any lien on tho Tdle for real estate taxes or assessments imposed by governmental authority and created or at~chtng 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 sho,/a3 in Schedule A. CONDITIONS DEFINITION OF TERMS The following terms when used [n this peticy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 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 distinguished Irom pumhase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to ~lother kind of Entity; (D) a grantee of an Insured under a dead detivered without beyrnest of actual valuable consideration conveying the Title (1) if the stock, sberes, memberships, or other equity interests of the grantee are whblly-ovaaed by the named Insured, (2) if tho 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~)wnad by the same parson or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a wdtten instrument established by the Insured named in Schedule A for estate planning purposes. With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Combeny wo~ld have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Know~": Actual knowledge, not constructive knowledge or notice that may be imputed to an insured by reason el the Public Records or any other records that impart constructive nstJce of matters affecting tho Title. (g) "Land": The land described in Schedule A, and etfixed improvements that by law constitute real property. The term "Land" does not include any probetty beyond the lines of the area described in Schedule A, nor any dght, 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 hght of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records establisbed under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real proberi.y to pursbesers for value and withest Knowledge. With respect to Covered Risk 5{d), "Public Records" shall also include environmental proteotbn liens liled in the records of the clerk of the United States District Cour[ for the district where the Land is located. {j) ~nF~tle": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the ¥itie to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring tho detivery of marketable title. I Page 2 Sedal No.: O-8911-564052 I File No.: ST10-10095 CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in tome as of Date of Policy in favor of an Insured, but only so tong as the Insured retains an estate or interest in the Land, or holds an obligation secured by a pomhase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liabiitb/by raveen of warranties in any transfer or conveyanee of the T~e. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in ~ 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 promptty in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowfedge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or {[ii) if the ~ite, 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 lisi~ility to the Insured Claimant under the policy shall be reduced to the ex~ent of the prejudice. 4, PROOF OF LOSS in the event the Company is unable to determine the amount et loss or pamaga~4he.~Company may, at its option, require as a condition of payment that the~lnsored Claimant furnish a signed proof of loss. The proof of loss must describe the defect, iten, encumbrar~e, or other matter insured against by this policy that constitutes the basis of loss or damage and shelf state, to the ex~ant possible, the basis of calculating the amount of the loss or damage, 5. DEFENSE AND pROSECUTION OF ACTIONS (a) Upon written request by the insured, and sub~ect to the options contained in Section 7 of these Conditions, the Company, a~ its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a blaim covered by this policy adverse to the Insured. This obligation is limited to obly those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsal of its choice (subject to the right of the Insured to obiect for reasonable cause) to represent the Insured as to these stated causes of action. It shall net be liable for and wfll not hay 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 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 necessary 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 th~s policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. It the Company exemises its dghts under this subsection, it must do so diligently (c) Whenever the Company brings an action or aseetts a defense as required or pen~nitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the dght, in its sole discretion, to appeat any adverse jedgment or order, 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) in all cases where this policy permits or requires the Company to prosecute or provide Ior the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the dght to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the ittssred for this purpose. Whenever requested by the Company, the Insured, at the Company's expanse, shell give the Company all reasonable aid (i) in securing evidence, (b) obtaining witnesses, presecutiag or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the ~tle or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liabiti~ or obligation to defend, prosecute, or continue any litigation, ~,ith regard to the matter or matters requiring such cooperaiton. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to preduce tot examination, inspostion, and copying, at such reasonable times and places as may be de. signeted by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-malls, disks, tapes, and videos whether be~dng a dste before or after Date of Policy, that reasor~bly pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in whitng, for any asthedzed representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party thst reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable udgmest of the Comgany it is necessary in the administration of the dalm Faiiore~of the ~nsured Claimant to submit for examination under oath, produce any reasonably Fequested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless problbited by law or governmental ragulatiee, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SE'YI'LE CLAIMS; TERMINATION OF UABILITY In case of a claim under this policy, the Company shall have the following additionat options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payrnant of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay, Upon the exercise by the Company of this option, all liability and obligations et the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liabiitiy or obligation to defend, prosecute, or continue any ittigation. (b) TO Pay or Otherwise Settle With Parties Other Than the insured or With the Insured C~mant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any blalm insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company 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 tbs loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obitgsted to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other then the payments required to be made, shall terminate, inalediag any liability or obligation to defend, prosecute, or continue any litigation. File No,: ST10-10095 CONDITIONS (Continued) 8. OETERMINATION AND EXTENT OF MABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by tho Insured Claimant who has suffered loss or damage hy reason of matters insured against by this policy. {a) The extent of liability of the Company for loss or damage under this policy shall not exceed tho lesser of (i) the Amount of Insurance; or (ii) the difference between the value of tho Titte as insured and tho value of the I-Ale subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 ot these Conditions and is unsuccssstul in establishing tho T~tle, as insured, (i) the Amount of Insurance shaft be increased by 10%, and (ii) the Insured Claimant shall have tho right to have tho loss or damage determined eithor as di the date tho claim was made by the Insured Claimant or as bl the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company witl also pay those costs, attorneys' fees, and expanses incurred in accordance with Sections 5 and 7 of these Conditions. 9. UMITATION OF UABILITY (a) If tho Company establishos the Title, or removes the allaged defect, lien, or encumbrance, or cures tho lack of a right of access to or from the Land, or cures tho claim of Unmarketable T'ale, all as insured, in a reasonably diligent manner by any method, including litigation and tho completion of any apoeals, it shall have fully podormed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The company shall not be liable for loss or damage to tho Insured for liaPility voluntarily assumed by tho Insured in setUiag any claim or suit without the prior wdtten consent of the Company. 10. R EDUCTION OF INSURANCE; REDUC'TION OR TERMINATION OF UABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce tho Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall pe reduced by any amount the Company pays under any policy insudng a Mortgage to which exception is taken in Schedule R or to which the Insured has agreed, assumed, or taken subject, or which is exesuted by an Insured after Date of Policy and which is a charge or lien on the T~le, and tho amount so paid shall be deemed a payment to tho Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with those Conditions, the payment shall be made within 30 days. v 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have setged and paid a claim under this pblJcy, it shall be subregated and entitled to tho rights of the Insured Claimant in the Title and all other dghts and remedies in respect to tho claim that the Insured Claimant has against any person or property, to the extent of the amount ot any loss, costs, attorneys' fees, and expenses paid by tho Company. If requested Py the Company, the Insured Claimant shall execute documents to evidence the transfer to tho company of these rights and remedies The Insured Claimant shall permit the Compacy to sue, compromise, or settle in tho name of the Insured Claimant and to use tho name of tho Insured Claimant in any transection or litigation involving these rights and remedies, if a payment on account of a claim does not fuity cover tho loss of the Insured Claimant, tho Company shall defer the exercise of its right to recover until after the Insured C~aimant shall have recovered its loss. (b) The Company's dght of subrogation includes the rights of tho Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or tho Insured may demand that the claim or controversy shall be submitted to arbitration bursuant to the Tiho Insurance Arbitration Rules of tho American Land Title Association ("Rules"). Except as provided in the Rules, thore sholl be no joieder or consolidation with claims or controversies of ether persons. Arbitrable matters may include, but are net 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 dse to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall de arbitrated at the option of either tho 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 beth tho Company and the Insured. Arbitration pursuant to this policy and under tho Rules shall be biediag upon tho padies. Judgment upon the award rendered by tho Arbitrator(s) may be entered in any court of competent jedediction. 15. EABIMTY UMrFED TO THIS POECY; POLICY ENTIRE CON3RACT (a) This policy together with all endersements, if any, attachod to it by ~he Company is the entire policy and contract hotween tho Insured and the company. In interpreting any brovision 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 T~tle 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 autbedzed person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a pad of this policy and is subject to all of its terms and previsions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) inorease the Amount of Insurance. 16. SEVERABILrI'Y In the event any provision of this policy, in whole or in par[, is held invalid or unantoreeable under applicable law, tho policy shaft ho deemed not to include that provision or such patt held to be invalid, but all other provisions sholl remain in full force and effect. 17, CHOICE OF LAW; FORUM (a) Choice of Law~ The Insured acknowledges the company has underwritten the dsks covered by this policy and determinsd tho premium charged therefore in reliance upon the law affecting interests in reaJ proger[y and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where tho Land is located. Therefore, tho court or an arbitrator shall apply tho law of the juriedintion where tho Land is located to determine the validity of claims against the TC[le that are adverse to the Insured and to interpret and enforce the terms of this pelisy. In neither case shall the court or arbitrator abply its conflicts et law principles to determine tho applicable law. (c) 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 territohas having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any nat~ce of ciairn and any other notice or statement in wnting required to be given to tho Company under this policy must be given to the Company at C~aims Department al 300 East 42"4 St, 10~ Floor, New York, NY 10017. File No.: ST10-10095 ALTA OWNER'S POLICY (6/17/06) SCHEDULE A File No.: Amount of Insurance: Date of Policy: ST10-10095 $488,0O0.00 February 16, 2011 Policy No.: O-8911-564052 1. Name of Insured: Thc Town of Southold 2. The estate or interest in the Land that is insured by this policy is: Fee Sitnple 3. Title is vested in: The Town of Southold who acquired title by deed from Robert J. Fabrykewicz, Kathleen Fabrykewicz and Lois Nichols,as Trustees of the Julia L. Sill Trust dated December 6, 2010 dated 2/16/2011 to be duly recorded in the Suffolk County Clerk's/Registers Office. 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. Section: 045.00 Block: 05.00 Lot: 003.000 ALTA OWNER'S POLICY (6/17/06) File No.: ST10-10095 SCHEDULE A DESCRIPTION Policy No.: O-8911-564052 District: 1000 Section: 045.00 Block: 05.00 Lot: 003.000 ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a railroad monument set 18.79 feet northerly from the northerly side of the Long Island Railroad Company; said monument being where the westerly line of land now or formerly of the Town of Southold and the easterly line of land herein described intersects said northerly side of the Long Island Railroad Company; RUNNING THENCE northerly and westerly along land herein described the following four (4) courses and distances: North 11 degrees 03 minutes 20 seconds East, 755.81 feet to a point; South 50 degrees 42 minutes 30 seconds West, 992.08 feet to a point; South 40 degrees 11 minutes 30 seconds West, 40.63 feet to a monument; North 47 degrees 20 minutes 50 seconds West, 334.02 feet to land now or formerly of Reiter's Seven Acre Farm Inc., at the t~ue point or place of beginning; THENCE from said lrue point or place of beg/nning along said land, South 29 degrees 09 minutes 10 seconds West, 491.31 feet to a pipe set at the northeast corner of land now or formerly of Michael Pekunka and Barbara Marczewski; THENCE along said land and along land now or formerly of the Town of Southold and through a railroad monument, ~,outh 52 degrees 52 minutes 40 seconds East, 598.53 feet to land now or formerly of (MTA) Long Island Railroad; THENCE along said land North 54 degrees 40 minutes 10 seconds East, 800.72 feet to a point; THENCE North 11 degrees 03 minutes 20 seconds East, through a railroad monument and along land now or formerly of the Town of Southold, 774.60 feet to a point; THENCE along said land the following three (3) courses and distances: South 50 degrees 42 minutes 30 seconds West, 992.08 feet to a point; South 40 degrees 11 minutes 30 seconds West, 40.63 feet to a monument; North 47 degrees 20 minutes 50 seconds West, 334.02 feet to land now or formerly of Reiter's Seven Acre Farm Inc., the point or place of BEGINNING. ALTA OWNER'S POLICY (6/17/06) FOR INFORMATION ONLY: LIFE ESTATE PARCEL (part of Tax Lot 003.000) ALL that certain plot, piece or parcel of Iand, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a railroad monument set 18.79 feet northerly from the northerly side of the Long Island RaiLroad Company; said monument being where the westerly line of land now or formerly of the Town of Southold and the easterly line of land herein described intersects said northerly side of the Long Island Railroad Company; RUNNING THENCE northerly and westerly along land herein described the following four (4) courses and distances: North 11 degrees 03 minutes 20 seconds East, 755.81 feet to a point; South 50 degrees 42 minutes 30 seconds West, 992.08 feet to a point; South 40 degrees 11 minutes 30 seconds West, 40.63 feet to a monument; North 47 degrees 20 minutes 50 seconds West, 334.02 feet to land now or formerly of Reiter's Seven Acre Farm Inc., at the true point or place of beginning; THENCE from said true point or place of beginning along said land South 29 degrees 09 minutes 10 seconds West, 170.00 feet to a point; THENCE South 47 degrees 20 minutes 50 seconds East, 170.00 feet to a point; THENCE North 29 degrees 09 minutes 10 seconds East, 170.00 feet to a point; THENCE North 47 degrees 20 minutes 50 seconds West, 170.00 feet to the hue point or place of BEGINNING. FOR INFORMATION ONLY: Dirt Road (driveway access) to Life Estate parcel ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at point distant the following two (2) courses and distances from a monument set of the southerly side of Main Road (S.R. 25); said point also being the boundary between lands now or formerly of Reiter's Seven Acre Farm Inc. and land now or formerly of Town of Southold: Southerly 54.04 feet from said monument set on the southerly side of Main Road (S.R. 25); North 54 degrees 25 minutes 10 seconds East, 23.70 feet to the true point or place of beginning; RUNNING THENCE South 39 degrees 15 minutes 46 seconds East, 74.11 feet; THENCE South 37 degrees 22 minutes 30 seconds East, 77.93 feet; THENCE South 37 degrees 18 minutes 24 seconds East, 90.48 feet; THENCE South 34 degrees 06 minutes 19 seconds East, 46.25 feet; THENCE South 27 degrees 30 minutes 07 seconds East, 45.65 feet; ~FHENCE North 47 degrees 20 minutes 50 seconds West, 29.46 feet; THENCE North 27 degrees 47 minutes 49 seconds West, 19.05 feet; ALTA OWNER'S POLICY (6/17/06) THENCE North 34 degrees 16 minutes 46 seconds West, 52.25 feet; THENCE North 38 degrees 05 minutes 50 secon&s West, 70.93 feet; ]?HENCE North 37 degrees 10 minutes 28 sccon&* West, 95.84 feet; THENCE North 38 degrees 55 minutes 21 seconds West, 67.23 feet; THENCE North 54 degrees 25 minutes 10 seconds East, 9.62 feet to the point or place of BEGINNING. ALTA OWNER'S POLICy {6/17/06) SCHEDULE B PART I File No.: ST10-10095 Policy No.: O-8911-564052 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: Except the terms, covenants, conditions and provisions of the Memorandum of Trust, dated December 6, 2010, ~nade by Julia L. Sill 2. AS TO TAX LOT 003.000 Survey exceptions set forth as follows: Survey Exceptions as shown on survey made by John C. Ehlers Land Surveyor, dated 1/20/2011 and last revised 2/1/2011. a) Most Northerly line: b) Easterly line: c) Northerly line: d) Most Easterly line: e) Southerly line: f) Westerly line: No variations Dirt road and wetlands vary with part of record line Ditch and fence posts vary with parr of record line No variations No variations No variations Rights of tenants or parties in possession, if any. Policy will except water and sewer charges not entered and/or water and sewer charges entered subsequent to date of last actual reading. STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Tide No.: ST10-10095 Date of Issue: Februar~ 16, 2011 ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8911-564052 1. The following is added as a Covered Risk: "11. Any statutory lien for services, labor or nmterials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over [he es[ate or interest of [he 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 es[ate 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 [he Public Records that vests Tide 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 [he terms and provisions of the policy, (ii) modify any prior endorsemems, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent 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. DATED: February 16, 2011 Countersigned Authorized Office or Agent STEWART TITLE INSURANCE ¢'OMPANY President rotary Stewart Title Insurance Company 300 East 42nd St., 10th FI New York, New York 10017 STANDARD NEW YORK ENDORSEMENT (11/1/08) FOR USE WITH ALTA OWNER'S POLICY (6-17-06) ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY company Any notice of claim and any other notice or statement in writing required to be given 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, STEWART TITLE INSURANCE COMPANY, a New York corporation, (tho "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. Titre being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by ti) forgery, fraud, undue influence, duress, incompetency, incapacity~ or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) (iv} a d°cument affecting Title ont Pmparty created, executed, witneesed, sealed, acknowfedged, setadzed, or delivered; failure to perform those acts necessary to create a desument by electronic means anthodzed by Paw (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not propady 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 rea[ estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, vfe~ation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land sunny of the Land. The term'encroachment' '~ncludes encroachments of ex~sting' *mprovements' ocated on the Land onto adjoining laed, and encroachments onto the Land of ex/sting improvements located on adjoining land. 3. Unmarketable Title. 4. No dght of access to and from the Land. 5. The violaflon or enforcement of any law, ordinance, permit, or governmental regulation (including these relating to building and zoning) resthctJng, regulating, prohibiting, or relating to (a) tha occupancy, use, or enjoyment of tho Laed; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental prote~on if a ncflce, 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 tho exercise of a govemmentai police power not covered by Covered Risk 5 if a seflce 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 dghts of eminent domain if a notice of the exemise, 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 dghts of a purchaser for value without Knowledge. Countersigned: Stewart Title Insurance Company New York, New York If youwanlinfurmation about coverageor needassistanceloresolvecOmplairrls, please call our tolt free number: 1-800-433~014. Ifyoumakeadaimunderyour policy, you must furnish wrilten natioe in aocordance with Seciion 3 of {he Conditions. Visil our Word Wide Web sile at htr P:/Aeww. S~ewadNewYor k.com File No.: ST10-10095(B) COVERED RISKS (Continued) Title being vested other then as stated in Schedule A or being defective (a) (b) (i) to be timely, or as a result of the avoidance in whole or in part, er Irom a court order {ii) to impar~ r~itce of its existence to a purchaser lor value or to a providing an aiternative remedy, of a transfer of all or any pert of the judgment or lien creditor. title to or any interest in the Land occurring pder to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included vesting Title as shown in Schedule A b6causs that prior transfer in Covered Risks 1 through 9 that has been created or attached or has constituted a fraudulent or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy bankruptcy, stme insolvency, or similar creditors' itghts laws; or and pher to the recording of the deed or other instrument of transfer in the because the instrument of transfer vesting Title as shown in Public Records thet vests I-rile as sho,~m in Schedcle A. Schedcle A constitutes a preferential transfer under federal The Company will also pay the costs, attorneys' fees, and expenses incurred in bankruptcy, state insolvency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent reason of the failure of its recording in the Public Records provided in tho Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will cot pay loss or damage, costs, attorneys' fees, or expenses that adss by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the suedivision of land; or (iv) environmental protection; or the effect of any viblatton of these lay, s, ordinances, or govemmentai regulations. This Exclusion t(a) does not modify or I/mit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does cot mndity or limit the coverage provided under Covered Risk 6. 2. 2 Rights of eminent domain. This Exclusion does not modify or limit the 5. coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse clatms, or other matters (al created, suffered, assumed, or agreed to by tho Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the insured Ciaimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not heve been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' dghts laws, that the transaction vesting the Title es shaw~ in Sche~le A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason cot stated in Covered Risk 9 of this peiicy. Any lien on tho Title for mai estate taxes or assessments imposed by govarnmental authority and created or attaching between Date of Pbl~cy and the date of recording of tho deed or other instrument of transfer in the Public Records thet vests Title as shown in Schedule A. CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount ol Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trest, limited liability company, or other similar legal entJty~ (d) "Insured": TI~ Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the/~tle of the Insured by operation of law as distinguishod from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (O) successors to an Insured dy its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable conaiberation conveying tho Title (1) if the stock, sheres, memberships, or other equity interests ol the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is whotiy-oweed by an affiliated Entity of the named Insured, provided the affiliated Entity and tho named Insured are beth wholly~)wned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a wotten instrument establishod by tho Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), {B), (C), and {D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured, {e) "Jnssred 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 ot the Public Records or any other records that impart constructive notice of matters affeming the Title. (g) 'Land": The land described in Schedule A, and affixed improvements that by law constitute real properly. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any dght, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does nat modify or limit the extent that a dgh4 of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other securiJy instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records establishod under state statutes at Date of Policy for tho purpose of imparting constructive notice of ma'~ers relating to real property to porohesers for value and without Kcowiedge. With respect to Covered Risk 5(d), "Public Records" shell also include environmental protection liens flied in the records of the clerk of the United States District Court Ior the distdct where tho Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Tale affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligetico to purchase, lease, or Jeed if thore is a contractual condition requiring tho delivery of marketable title. File No.: ST10-10095(B) CONDITIONS (Continued) CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insurad, but only co 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 tong as the Insured shell have liabili~ by reason of warranties in any transfer or conveyance of the ¥¢Je. ~is 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 s~.-'ured by a purchase money Mortgage given to the Insured. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shatl notify the Company promptly in writing (i) in case ol 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 ol title or interest that is adverse to the Trde, as insured, and that might cause loss or damage for which the Company may pa liable by virtue of this policy, or {iii) if the Title, as insured, is rejected as UnmArketable Title. Il 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 shell be reduced to the extent of the prejudice. 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 Clain~nt furnish a signed proof of lose. The prcof of lose must describe the defect, lien, encumbrance, or other matter insured against by this polk~y that constitutes the basis of loss or damage and shall state, to the extent pos~b~e, the basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION OF AC~IO~S (a) Upon v, ritten request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreaconable 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 dgl~ to select counsai 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 shell not be liable for and will not pay the fees of any other counsel. The Company wfll not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that aitege mat~ers not insured against by this policy. (b) The Company shall hove 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 necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the insured. The exercise of these rights shall not be an admission of liability or waiver of any prevision of this policy. If the Company exercises its rights under this subsection, it must de so diligently. (c) Whenever the Company edngs 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 dght, in its sole discretion, to apoeai a, ny adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to proscoute 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 Company, the insured, at the Company's expanse, shall give the Company all reasonable aid (i) in securing evidence, (b) obtaining witnesses, prosecuting or defending the action or proceeding, or affecting settlement, and (ii) in any other lawful aut that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the geitcy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or ma~ers requiring such cooperation. The Company may reasonably require the Insured Claimant to suhe~it to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may he designated by the authorized representative of the Company, ail records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondense, reports, e mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or darnaga. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authodzed representative of the Company to examine, inspect, and copy ail of these records in the custody or control of a third party that reasonably pettain to the loss or damage. All information designated as confidential by the Insured Clain~nt provided to the Company pursuant to this Section shall not be disclosed to others unlese, in the reasor~able judgment o[ the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasor~ably requested information, or grant permission to secure reasonably neceseary information from third parties as required in this subsection, unless prohibited by law or governrcental regulation, shall termins~e any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SE'CI'LE CLAIMS; TERMINATION OF UABIUTY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insuracce under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to gay. Upon the exercise by the Company of this option, all liability and obligations ol the Company to the Insured under this policy, other than to make the payment required in this sudsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Th~n the Insured or With the Insured Claimant. ([) To gay or other~se settle with other patties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company wfll pay any costs, attorneys' fees, and expenses insurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or othan~se settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expanses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company ol either at the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. File No.: ST10-10095(B) CONDmONS (Continued) 8. DETERMINATION AND EX'rENT OF UABILITY This policy is a contract of indemnity against acfuai monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall no[ exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company po,sues tis rights under Section 5 of these Conditions and is unsucoesslut in establishing the ¥itio, as insured, (i) the Amount of Insurance shall be increased by 10%, and {iii the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim w~s made by the Insured Claimant or ns of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company wilt ales pay those costs, attorneys' foes, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9, UMDrATION OF UABILrI'Y (a) I1 the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or [rom the Land, or cures the claim of Unmarketable T~!e, ail as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeats, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liabitity for loss or damage until there has been a final determination by a court of comp~ent jurisdiction, and disposition of all appeals, adverse to the Tgle, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF EABILITY ~JI payments under this policy, except paynmnts made for costs, attorneys' fees, and expenses, shall reduce the Amount ol Insurance by the amount o1 the p~yment. 11. UABILITY NONCIJMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insudng a Mo~gaga 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 attar Date of Policy and which is a charge or lien on the ~ite, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. v 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subregated and entitled to the rights of the Insured Claimant in the Title and all ether dghts and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' foes, and expenses paid by the Company. II requested by the Company, the insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The insured Claimant shall permit the Company to sue, compromise, of settle in the name of the Insured Claimant and to use the name of the insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall deter the exercise ol its right to recover until aher the Insured Claimant shall have recovered its loss. {b) The Company's fight of subrogation includes the rights of the Insured to inpemnihns, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address suprogation rights. 14. ARBITRA'I1ON Either the Company or the Insured may demand that the claim or controversy shall he submi~ed to arbitration pursuant to 1he Title Insurance Arbitration Rules of the American Land Title Association ("Retest). Except as provided in the Rules, there shall be no joieder or consolMation with clairss 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 b,'each of a policy provision, or to any other controversy or claim arising out of the transaction giving hca 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 Corspany 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 shait be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent judsdintion. 15. UABIUTY UMITEDTO3341S POLICY; POUCY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In intarpredng any prevision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that adses 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 wdting and authenticated by an autbedzed person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a pa~ of this policy and is subject to ail of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date o1 Policy~ or (iv) increase the Amount of insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be doemed not to include that prevision or such part held to be invalid, bat all other provisions shell remain in full force and effect. 1 7. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Comgany has underwr~en the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance ol the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction v,~ere the Land is locked to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy In neither case shall the sour[ or arbitrator apply its conflicts of law principles to determine the applicable law. (c) 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 terittohes having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any neqce of claim and any other notice or statement in wdting required Io be given to the Company under this policy must be given to the Company at Claims Department at 300 East 42"" St, 10~ Floor, New York, NY 10017. File No.: ST10-10095(B) ALTA OWNER'S POLICY (6/17/06) SCHEDULE A Amount of Insurance: Date of Policy: ST10-10095(B) $50,000.00 February 16, 2011 Policy No.: O-8911-564064 1. Name of Insured: The Town of Southold 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: The Town of Southold who acquired title by deed from The Nature Conservancy dated 2/16/2011 to be duly recorded in the Suffolk County Clerk's/Registers Office. 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. Section: 045.00 Block: 05.00 Lot: ALTA OWNER'S POLICY (6/17/06) File No.: ST10-10095(B) SCHEDULE A DESCRIPTION Policy No.: O-8911-564064 District: 1000 Section: 045.00 Block: 05.00 Lot: 004.000 ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a railroad monument distant South 60 degrees 49 minutes 50 seconds East 18.28 feet from the southerly side of the Long Island Railroad Company; said monument being where the westerly line of land now or formerly of Suffolk County, formerly of John Y. Appleby and the easterly line of land herein described intersects said railroad monument; RUNNING THENCE from said point of beginning still along land now or formerly of Suffolk County, formerly of John Y. Appleby South 53 degrees 14 minutes 20 seconds East, 396.58 feet to the tie line along the edge of Pipes Creek a/k/a Pipes Neck Creek; THENCE along said tie line the following twenty-three (23) courses and distances: North 71 degrees 25 minutes 26 seconds East, 48.35 feet; North 39 degrees 58 minutes 14 seconds East, 74.78 North 61 degrees 09 minutes 37 seconds East, 69.56 North 33 degrees 10 minutes 21 seconds East, 46.74 North 69 degrees 49 minutes 31 seconds East, 19.36 North 55 degrees 43 ~North 34 degrees 51 orth 52 degrees 05 North 74 degrees 28 North 53 degrees 49 North 80 degrees 36 minutes 16 seconds East, 56.56 mmutes minutes minutes minutes minutes feet; feet; feet; feet; feet; 38 seconds East, 23.81 feet; 41 seconds East, 86.12 feet; 32 seconds East, 99.83 feet; 16 seconds East, 23.64 feet; 01 seconds East, 111.65 feet; North 65 degrees 01 North 20 degrees 06 North 15 degrees 45 North 32 degrees 23 North 17 degrees 23 North 19 degrees 37 North 49 degrees 45 North 24 degrees 46 North 10 degrees 21 North 10 degrees 16 North 04 degrees 25 North 10 degrees 23 minute 35 seconds East, 90.38 feet; minutes 09 minutes East, 52.08 feet; minutes 40 seconds West, 64.74 feet; minutes 09 seconds East, 15.45 feet; minutes 50 seconds East, 82.93 feet; minutes 19 seconds West, 36.74 feet; minutes 48 seconds West, 87.81 feet; minutes 37 seconds West,, 28.47 feet; minutes 20 seconds West, 33.24 feet; minutes 54 seconds East, 44.71 feet; minutes 56 seconds West, 30.74 feet; minutes 25 seconds East, 108.77 feet to land now or formerly of (MTA) Long Island Railroad; THENCE along said land the following three (3) courses and distances: South 54 degrees 40 minutes 10 seconds West, 332.46 feet; North 35 degrees 15 minutes 24 seconds West, 13.50 feet; South 54 degrees 40 seconds 10 seconds West, 796.87 feet to land now or formerly of Suffolk County, formerly of John Y. Appleby; ~HENCE degrees 50 seconds East, 18.28 feet to the railroad Inonument first above- along said land South 49 minutes mentioned, the point or place of BEGINNING. ALTA OWNER'S POLICY (6/17/06) SCHEDULE B PART I qo.: ST10-10095(B) Policy No.: O-8911-564064 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: No title will be insured to any land now or formerly lying in the bed of Pipes Creek a/k/a Pipes Neck Creek, its arms, branches or tributaries by whatever name called. No title will be insured to any land lying below the present or any former high water line of Pipes Creek a/k/a Pipes Neck Creek. Except riparian rights and easements of others over Pipes Creek a/k/a Pipes Neck Creek but policy does not insure any riparian rights or easements in favor of the owner of the premises herein. 4. AS TO TAX LOT 004.000 Survey exceptions set forth as follows: Survey Exceptions as shown on survey made by John C. Ehlem Land Surveyor, dated 1/20/2011 and last revised 2/2/2011. a) Northerly line: No variations b) Easterly line: No variations c) Southerly line: No variations d) Westerly line: No variations 5. Policy will except water and sewer charges not entered and/or water and sewer charges entered subsequent to date of last actual reading. 6. Premises is an interior parcel which does not abut on a street or highway. No easement or right of way for access to and from said premises to a public street or highway is insured. STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: ST10-10095(B) Date of Issue: February 16, 2011 ATFACHED TO AND MADE A PART OF POLICY NUMBER O-8911-564064 1. The following is added as a Covered P&sk: "11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and wMch 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 Dale of Policy and the date of recording of the deed or other instxument 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 he policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent provision of [he policy or a previous endorsement is inconsistent with an express provision of this endorsemem, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. DATED: February 16, 2011 Countersigned By: Authorized Office or Agent STEWART TITLE [NS{JRANCIg COMPANY Stewart Title Insurance Company 3 ' 00 East 42nd St., 10th Fl New York New York 10017 STANDARD NEW YORK ENDORSEMENT (11/1/08) FOR USE WITH ALTA OWNER'S POLICY (0-17-06) S A N I T A R Y F L O W C R E D I T S RESOLUTION 2018-416 o ADOPTED DOC ID: 14075 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-416 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2018: WHEREAS, on February 16, 2011, the Town of Southold acquired Fee Title to parcels formerly owned by Julia Sill; and WHEREAS, said properties are identified and now known on the Suffolk County Tax Map as #1000-45.-5-3.1 & 3.2, and#1000-45.-5-4 and are located at 70282 and 70284 Route 25, Greenport,New York, in the LIO (Light Industrial Park/Planned Office) and R-80 (Low Density Residential) zoning districts; and WHEREAS,the combined acreage of the parcels is 23.7663 acres as per separate surveys prepared by John C. Ehlers Land Surveyor, said properties having been surveyed on January 20, 2011, and last revisions dated February 1, 2011; and WHEREAS, said property is located within the Greenport School District; and WHEREAS,the deeds recorded as part of the purchase prohibits the use of the property for any purpose other than open space, in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation); and WHEREAS,the life estate has terminated and the town has eliminated the residential use of the property and removal of the dwelling is scheduled; and WHEREAS, as per Chapter 117 (Sanitary Flow Credits, Transfer of) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the sanitary flow credits available for transfer from the above-mentioned parcels prior to the Town Board public hearing on the purchase; and WHEREAS,the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcels; and WHEREAS, one (1) sanitary flow credit is available to be transferred into the Town Sanitary Flow Credit Bank as a result of the acquisition of this buildable property; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby transfers one (1) sanitary flow credit into the Town Sanitary Flow Credit Bank from the Town's fee title acquisition of the property formerly owned by Julia Sill and identified as SCTM#1000-45.-5-3.1 & 3.2, and #1000-45.-5-4; and, be it further RESOLVED that the Town Clerk shall enter this transfer of one (1) sanitary flow credit into the Sanitary Flow Credit Log; and, be it further RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office,the Land Preservation Department, the Special Projects Coordinator, and the Planning Department for inclusion into the Town database and GIS system. I Resolution 2018-416 Board Meeting of May 8, 2018 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: James Dinizio Jr, William P. Ruland, Louisa P. Evans, Scott A. Russell ABSENT: Jill Doherty, Robert Ghosio Updated: 5/3/2018 10:43 AM by Melanie Doroski Page 2 P R O P E R T Y R E C O R D S JULIA L. SILL TRUST to TOWN OF $OUTHOLD SCTM #1000-45.-5-3 (15.03 acres) Location: 70282 Route 25, Greenport THE NATURE CONSERVANCY to TOWN OF SOUTHOLD SCTM #1000-45.-5-4 (8.7363 acres) Location: 70284 Route 25, Greenport Open Space Acquisition - 23.7663 total acres Closing held on February 16, 2011 Southold Town Hall Annex from reft to right: Lois Nichols, Supervisor Scott Russell, Kathleen & Robert Fabrykewicz, and Randy Parson (TN¢) MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@ town.southold.ny.us Telephone (63 l) 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: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Town Comptroller The Nature Conservancy Suffolk County Division of Real Estate Melissa Spiro, Land Preservation Coordinator February 25, 2011 SILL to TOWN OF SOUTHOLD Open Space Acquisition - 15.0300 acres Tax Assessors Building Department Data Processing Planning Board Trustees Director of Public Works Peconic Land Trust, Inc. Please be advised that the Town has acquired the open space property listed below. If you would like any additional information regarding this purchase, please feel free to contact me. SCTM #: LOCATION: OPEN SPACE ACREAGE: PROPERTY OWNER: CONTRACT DATE: PURCHASE DATE: PURCHASE PRICE: FUNDING: MISCELLANEOUS: 1000-45.-5-3 70282 Route 25 (Main Rd), Greenport 15.0300 acres Julia L. Still Trust dated 12/6/10 February 14, 2011 Closing took place February 16,2011 $488,000 per contract Community Preservation Funds (2% land bank) Julia Sill has retained a life estate on 0.6451 acre on which her residential home and lawn is located. The Town acquired an adjacent 8.7363 acre parcel from TNC (formerly owned by Sill) on the same date. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @town.southold.ny.us Telephone (63 l) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner 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: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Town Comptroller The Nature Conservancy Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Planning Board Trustees Director of Public Works Peconic Land Trust, Inc. Melissa Spiro, Land Preservation Coordinator February 25, 2011 THE NATURE CONSERVANCY, INC. to TOWN OF SOUTHOLD Open Space Acquisition - 8.7363 acres ("SILL" Property) Please be advised that the Town has acquired the open space property listed below. If you would like any additional information regarding this purchase, please feel free to contact me. SCTM #: LOCATION: OPEN SPACE ACREAGE: PROPERTY OWNER: CONTRACT DATE: PURCHASE DATE: PURCHASE PRICE: FUNDING: MISCELLANEOUS: 1000-45-5-4 70284 Route 25 (Main Rd), Greenport 8.7363 acres The Nature Conservancy, Inc. (f/k/a "Sill" property) February 14, 2011 Closing took place February 16, 2011 $ 50,000 per contract Community Preservation Funds (2% land bank) The Town acquired an adjacent 15.03 acre parcel from Julia Sill on the same date, 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 February 16,2011 George R. Sullivan, Receiver of Taxes Town of Southold 53095 Route 25 P.O. Box 1409 Southold, NY 11971-0499 Notice of New Owner SCTM #1000-45'5'3 SCTM #1000-45'5'4 Dear George: Please be advised that the Town of Southold acquired the two (2) parcels identified above that are located at 70282 & 70284 Route 25 in Greenport for open space purposes by deeds dated February 16, 2011. The Town purchased the properties formerly known as the Sill properties from Julia L. Sill Trust dated 12/6/10 (1000-45-5-3), and from The Nature Conservancy (1000-45-5-4) at simultaneous closings. Mrs. Sill has retained a life estate on a portion of the property identified as SCTM #1000-45-5-3. The Town Assessors office has been notified of this and will provide Mrs~ Sill with a 2011-2012 real property tax bill for this portion of the property. The Town's portion of this parcel and the parcel identified as SCTM #1000- 45-5-4 will be declared exempt fi'om any future tax bills. Very truly yours, Melissa Spiro Land Preservation Coordinator /md CCi Southold Town Assessors Town Comptroller Julia Sill by The Suffolk Times 11/16/2015 5:08 PM Julia Sill, 105, longtime resident of Greenport, died Nov. 14. Ms. Sill and her husband, Herman, owned Sill's Dairy Farm in Greenport. The family will receive visitors Wednesday,Nov. 18, from 2 to 4 and 7 to 9 p.m. at Horton- Mathie Funeral Home in Greenport. A 10 a.m. funeral service will be held Thursday,Nov. 19, at St. Peter's Lutheran Church in Greenport, Pastor Garret Johnson officiating. Burial will follow at Sterling Cemetery in Greenport. The family of Ms. Sill has suggested that memorial donations be made to St. Peter's Lutheran Church, P.O. Box 242, Greenport,NY 11944. N E W S A R T I C L E This spring, another 24 acr~e.s of land in the greater Pipes Cove region has been added to preservation efforts, thanks to the town of South~ old, The Nature Conservancy and a family whose love of their land has spanned six generations. Comprised of woodland, old field, (resh and saltwater wetlands, and a 2.5 acre pond, the land is home to osprey'. geese, dttcks, swans and deer. It was once the site of a dairy farm. Toda}; the verdant pasture where Ayrshires, 1 folsteins, and Jerseys once grazed is overgrown. The milking barn has fallen to ruins. But the heart of the land very much remains. In operation from ~898 to the ~96os, the Sill dairy was well known throughout the area. It delivered fresh milk and cream in Gree~port. South- old, East Marion and Shelter Island (which the land looks out upon). A great granddaughter of the original owners explained, "Great grandpa Sill was a blacksmith, great grandma Sill ran the dairy She was a tough lady with a lot of heart. She had a name for each of her cows and was especially fond of two calves she named Maisy attd Daisy who always got out and found their way home. She had beautifltl flower gardens, fruit trees and a grape arbor by the old f~armhouse." "Fhere are a lot of menlories there," states her great granddaughter, with a nostalgic smile. "The land is so mag- nificent. You cart smell the clover and honeysuckle. You can hear the Spring peepers. I love awindy day there. You eau hear the wind irt the woods. And the stars! In the open pastnre, at night 5x)u can see all of the stars. can close your eyes and almost see the cows grazing long ago." The pond on site, surrounded by cows in family photographs, was formed when clay was mined £or brick making by the Fuhner Brickyard, the farm's The f:arm was passed down to } lerman Sill; he and his wife Julia ran it up until the ~96os. }terman passed a~vay in ~985 and Julia is now ~o~ years old. "1 am so happy that we were able to £ollow their: wishes in preserving the land. They loved this farm and nature, and through dedicated efforts, their wishes have been fulfilled." "1 can't say enough great things about them. They were the most loviug, generous and kind people." she states. All of those traits seem to run in the family. (~ TO see niobe photos of tile ~al'nl Land preselvadon in Pipes Cove in the Peconic Estuary watei'sbed helps plotect the water quality in the bays AJuvenile osprey hovers over the xvater, emitting a series of staccato calls as if beckoning tbe fish below. A kayaker drifts slowl) by the shoreline as a great egret stands at attention, awaiting its next meal. This is Pipes Cove, Greenport and this peaceful scene will reinain; 700 ora desired 800 acres have been protected in the greater Pipes Cove area. Since 2003, The Nature Conservancy has been working with Greenport Village, Southold ~lbwn, Suffolk County, N YS Department of State and the UiS. Fish and Wildlife Service to protect the Pipes Cove wetlands, which lie within the Peconic Estuary. The area is a beautiful mosaic of salt marshes, nmd and sand fiats, beaches and dunes, tidal creeks, open water, and forested uplands. "Pipes Creek is one of few remaining undeveloped creeks in Southold. and one of very few snch creeks in the entire Peconic Estuai3' watershed," says Randy Parsons, conservation finance and policy advison "Preservation of this habitat is important for both wildlife and people. Waterfowl, migratory birds, and commercially caught fish and shellfish depend on this area. PreserYation now will save hundreds of millions of dollars later for drinking water and surface water restoration." There are approximately 92 acres remaining in the Greater Pipes Cove area protection plan. Vehen completed, a greenway will stretch from Long Island Sound to the Peconic Estuary. NatmeLong island i nature.o~9/Ior~gisland 5 A E R I A L S 2006 ~: 604' 994 ~ = 750' 500' S U R V E Y S / SCAL~ 1'=40' · 0 MONUMENT FOUND PIPE I=OUN[D UTILITY POLE TOTAL AREA = /254~0~ 5,F, OP.. 15.0~00 AC. RE5 LIPE [~STATE AREA = 25~101 5.F. OR 0,0451 AE.,P.E PtETLANI::~3 ARB ApPP..OXIPIATE AND AI~E ONLY SHOWN TO REpF(ES~NT THAT P-IETLANO5 EXIST ON THE PROPERTY SURVEY OF PROPERTY S1TUATE: GREEN'PORT TOWN: SOUTHOLD % SUNFOLK COUNTY, NEW YORK SUFFOL'¢--. COUNTY TAX ~ I000- 45-5- ~ SUP~VEYEiD~ ,,JANUAR.'r' 20, P-.EVISEE~: FEE~RUAP~¥ I, ,2011 / /. FINAL SURVEY FEB - 4 2011 DEPT. OF LAND pRESERVATION / / %% / / / / / / / %,% %,%. / / ( '%, %.%, // ~- ?/ /; /K // ®RAPHIC SCALE 1"=60I I B B 0 E20 120 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 R1VERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF-CADocuments and Settings\OwnerWly DocumentsXlVly Dropbox\10\10-200 North of RR.pro SURVEY OF PROPERTY SITUATE: PIPES NECK TOWN: SOUTHOLD SUFFOLK COUNTY, NEW YORK SUFFOLK COUNTY TAX ~* I000- 45- 5 - 4 SURVEYI---ID: .JANUARY 20, 2OII FEBRUARY 2, 2OII FEB - 3 2011 DEPT. OF LAND PRESERVATION HNAL SURVEY %.' .45,,~5, $74 / / / / / ~/ / / / · MONUMENT FOUNO I~UILDIN6~ ARE IN ~L~,H DISREPAIR TNAT ~HO~NIN~ ®P-.APHIC SCALE 1"=60~ 0 60 120 /80 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF-C:kDocuments and Settings\Owner~Vly Documents'd~ly Dropbox\10\10-200 South of RR.pro A E R I A L M A P z Properties ~lap Prepared by Town of Southo[d GIS ApriJ 30, 2010