Loading...
HomeMy WebLinkAboutHeaney Estate1000-34-1-7 1000-41-1-1 Baseline Documentation Premises: 69200 County Road 48 555 Madison Street Greenport, New York 8.6 acres Gift of Open Space BRION P. HEANEY as Administrator for the Estate of William F. Heaney, deceased to TOWN OF SOUTHOLD Deed dated June 4, 2012 Recorded September 21, 2012 Suffolk County Clerk - Liber D00012705, Page 975 SCTM #: 1000-34-1-7 and 1000-41-1-1 Premises: 69200 County Rd 48 555 Madison Street Hamlet: Greenport Purchase Price: Funding: $-0- (gift) Community Preservation Funds CPF Project Plan: Yes Total Parcel Acreage: Zoned: 8.6 acres 1000-34-1-7 (8.0 acres) and 1000-41-1-1 (0.6 acre) R-40 Existing Improvements: None - Wet & wild lands T A X M A P L O C A T I O N 194 174A COUNTY OF SUFFOLK 47A(¢) NOTICE Real Property Tax Service Agency ¥ ~ ~ ~ SECTION NO 34 SECTION NO 41 PROPERTY MAP 2 0 0 8 P H O T O S 1 T~l)ic~ll ~iev, ~f prq~erly Typical view o1' upland area Suri'lce ~ itel oJ~s,.!l ~ed oi~ properl} Viex~,~ sotitJleasi io subjecl i>roperty from north side o[' N/lain Road E N V I R O N M E N T A L S U M M A R Y I I I I I I I I I I I I I Phase I Environmental Site Assessment Heaney Property 1.~0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target Protocol) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Greenport, Town of Southold, County of Suffolk, New York. The subject property consists of two (2) parcels totaling approximately 8.62 acres located at 69200 CR 48 and 555 Madison Avenue. The property is more particularly described as Suffolk County Tax Map/ts 1000-034-01-7.1 and 1000-041-01-1. The subject property consists predominantly of wetlands. Small areas of wooded uplands are located along CR 48 and at the south and western property boundaries. No evidence of spills or former structures were observed during the site reconnaissance. Partial coverage of the subject property and adjacent areas was provided by Sanborn maps for the years 1917, 1928, 1940 and 1964. The maps revealed single family residential development was located on the northeastern and eastern sides of the subject property. Aerial photographs from 1938, 1955, 1966, 1978, 1984, 1996 and 2004 were reviewed in order to determine if any prior uses occupied the subject property. The subject property consisted of surface water with small areas of upland in all of the aerials. The area of the subject property consisted of vacant land and residential uses in all of the aerial photographs. An extensive government records search found no potential sources of environmental degradation on the subject property or surrounding areas. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, one (1) active and two (2) closed spill incidents, one (1) active and nine (9) closed spill incidents were identified within one-half (0.5) mile of the subject property, one (1) RCRA facility was identified within one-quarter (0.25) mile of the subject property and two (2) PBS facilities were identified in proximity to the subject property. I In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. I ! i® D I ! Ii FIGURE :~ LOCAT]~ON HAP Source: DeLon}le Streei AtJas Scale: NTS NORTH + Heaney Property, Greenport Phase [ ESA I F~GIJRE 2 AERIAL PHOTOGRAPH NORTIt + Property, Greer~port ~o[irce: NYSG}S Or~hoimagery Program, 2004 Sc~de: I" 200~ Phase FIGURE 3 LAND USE MAP Source: NYSGIS OrthoimagelT Program, 2004 Scale: 1": 800' NORTII + Heaney Property~ Greenport Phase I ESA I ! ZONING ~AP qORTH Source Town o£Southold Z~mtng Map Scale ~" ~ .... ~ Heaney Property, Greenport Phase I ESA ! ! F~GURE 5 $O~LS ~4AP Source: Sufl'olk Co[mty Soil Sm-vey Scale: 1" -- §0()' N()RTII + Heaney Property, Greenpo~t Phase I ESA I I I I FIGUR[ 6 TOPOGRAPHIC ~AP Source: HSGS Topographic Q~mdrangle, NORTII~ (heenport & Soud~old ~ Scale: 1" = 800' T Heaney Property, Greenport Phase [ ESA I I I I I I I I I I I I I I S 16780,1 I4A6 6782 S.53328. ~1.64 S51169. .74 S73974. 07.85 S52084,1 04.28 $51176.1 S38461,1 17.44 S51177,1 S7§~322 ,24 S51186.1 II.98 369.1 FIGURE 7 WATER TABLE CONTOUR IvlAP Source: USGS Provisional Water Resources Investigations Repor~ Scale: 1 ' NORTIq 88844,1 Phase I ESA S16 Heaney Propert¥~ Greenport FIGURE 8 WATER MAIN MAP Sottrce: S(WA Distribution Map 2005 Scale: NTS Heaney Propert% Greenport Phase I ESA ,  FIGURE /S(mrcc NYSI)[~C F~,'eshwaler Wetlands ~ G, 'eenport & Southold ~Scale: ~ ' 800' Heaney Property~ Greenport Phase I ESA 361004 i X ZONE X~ Drain ZONE X ZONE X ZONE X ZONE X FIGURE 10 FLOOD MAP Source: I:EM/\ FIRM Map Panel 176 NORTII__ Scale: !" = 600~ ~ Heaney Property~ Greenport Phase [ ESA J m m m m m m m Distance in Miles mm m mm m m mm m mm Toxics Targeting 1 Mile Radius Map Heaney Property Greenport, NY 11944 m .~N ational Pdodty List (NPL) Suffolk County Inactive Hazardous Waste Inact Haz Waste Disp. QDisposal Registw Site ~ Registry Qualifying ~ ARcCuRonA FCa°cir~iet~rive Site ~ Waterbody Location Radius Radius 2 Toxics Targeting 1/2 Mile Radius Map Heaney Property Greenpod, NY 11944 CERCLIS Superfund E~ Nor~NFRAP Site Material Spill Suffolk County ODelisted NPL Site ~ Solid Waste Facility QBrownfields Site 1/16 Distance in Miles Site Location ~ Waterbody Tracks Radius · Heaney Property / / / Toxics Targeting 1/4 Mile Radius Map Heaney Property Greenport, NY 11944 Major Oil ~ Storage Facility Chemical Storage Facility Toxic ~ Release ~ Wastewater Discharge Site Location Suffolk County Docket Facility Air Petroleum Bulk · Storage Facili~ Hazardous Waste ~ Generator, Transp, · Heaney Prope~y Distance in Miles ! / Toxics Targeting 1/'4 Mile CIoseup Map Heaney Property Greenport, NY 11944 w+, Suffolk County .~National Pdodty O Delisted NPL Site *' IJst (NPL) CERCLIS SuperCund Non-NFRAP Site ** L~ NFRAP Site Inactive Hazardous Waste Inact Haz Waste Disp. QDisposal Registry ~ Regisb7 Qualifying Site Hazardous Waste Treater, [] Storer, Disposer '* [] RCRACorrective Achon Facility * Hazardous Substance Solid Waste O Wasta Disposal Site ** [~ Facility ** Major Oil ~ Storage Facility (~ Brownflelds Chemical Storage Hazardous z~ Facility *** ~ Matedal Spill ** Toxic MTBE Gasolir~e ~ Release *** (~ AddiUve Spill *' Wastewatar Petroleum Sulk ~ Discharge ,** Storage Facility *** · Enforcement Hazardous Waste ~ Docket Facilify '** ~ Generator, Transp. L~ceatlon Waterbody Border Tracks Radius Radius · 1 Mile Search Radius 1/4 Mile Search Radius '* 1/2 Mile Search Radius P U B L I C H E A R I N G RESOLUTION 2008-937 ADOPTED DOC ID: 4310 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-937 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 7, 2008: RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday, October 21~ 2008~ at 4:55 p.m, Southold Town Hall, 53095 Route 25~ Southold~ New York, as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant lands totaling approximately 8.62:t: acres from Marion Heane¥, the owner of record, for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The two parcels, identified as SCTM #1000-34-1-7 (8.0~ acres) and SCTM #1000-41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, Ne;v York, in the R-40 zoning district. Both parcels are listed on the Town's Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. Resolution 2008-937 Elizabeth A. Neville Southold Town Clerk Board Meeting of Octobcr 7, 2008 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 10/6/2008 11:53 AM by Lynda Rudder Page 2 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ October 21~ 2008~ at 4:55 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant lands totaling approximately 8.624- acres from Marion Heane¥ the owner of record, for open space preservation. The two pamels, identified as SCTM #1000-34-1- 7 (8.0± acres) and SCTM #1000-41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town's Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. Dated: October 7, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON OCTOBER 16, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. SOUTHOLD TOWN BOARD PUBLIC HEARING October 21, 2008 4:55 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Clerk Elizabeth Neville Town Attorney Patricia Finnegan This hearing was opened at 6:28 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ October 21~ 2008~ at 4:55 p.m. Southold Town HalL 53095 Main Road~ Southold~ New York as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant lands totaling approximately 8.624- acres from Marion Heaney the owner of record, for open space preservation. The two parcels, identified as SCTM #1000-34-1-7 (8.0± acres) and SCTM #1000-41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town's Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved tbr open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. I have a notice from Mark Terry, the principal planner and LWRP coordinator, that this proposed action, the acquisition of this parcel is consistent with the policy standards and Heaney Acquisition-Public Heating October 21, 2008 therefbre is consistent with the LWRP. I have a photocopy of the legal notice that appeared in the local newspaper and it has also appeared on the Town Clerk's bulletin board outside. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular acquisition'? COUNCILMAN KRUPSKI: As the liaison to the Land Preservation Committee from the Town Board, I would like to speak as an advocate for acquisition of this parcel in Greenport. 1 have seen similar parcels where development has been tbrced into areas similar to this and it is a generous donation, I think. It is a nice, healthy freshwater wetland and I think Town ownership of it is the only thing that will ensure preservation. SUPERVISOR RUSSELL: Thank you. Anyone else? (No response) This heating was closed at 6:31 PM Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N RESOLUTION 2008-978 ADOPTED DOC ID: 4331 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-978 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2008: WHEREAS, thc Town Board of the Town of Southold wishes to accept the donation of vacant land propcrties owned by Marion Heaney, the owner of record, for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Prescrvation) of the Town Code of the Town of Southold. The two parcels, identified as SCTM #1000-34-1-7 (8.0± acres) and SCTM #1000-41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, rcspectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town's Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan tbr the properties; now, be it therefore RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq,; and, be it further RESOLVED by the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental from prepared fbr this project is accepted and attached hereto; and, be it further RESOLVED by the Town Board of thc Town of Southold that the Short Environmental Form Resolution 2008-978 Board Meeting of October 21, 2008 preparcd fbr this project is accepted and attached hereto: and, be it further RESOLVED that the Town Board of thc 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: I0/21/2008 2:33 PM by Lynda Rudder Page 2 6'17.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 3. PROJECT LOCATION: Municipality ~:~ ~'~ ~(~. ~,~ County ~"~ I e 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) 5. PROPOSED ACTION IS: ~New ~ Expansion ~ Modifi~/ioWafleration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF ~D~FFECTED: Initially ~ ~Z ~ acres Ultimately ~.C~~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING ~ND USE RESTRICTIONS? ~Yes ~ No If No, describe briefly 9. WHAT IS PRESENT ~ND USE IN VICINITY OF PROJECT? 10 DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~ Yes ~ No If Yes, list agency(s) name and pe~iVapprovals: 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERM T OR APPROVAL? ~ Yes ~ No If Yes, list agency(s) name and permiVapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE AppficanVsponsor name: ~ ¢~ ~O~ ~q~ ~.~, ~ae~ C( Date: If the a~ion is in the Coastal ~rea, and you aro a stato a~oncy, complote tho Coastal ~ssessmont Form beforo procoodin~ with this assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? if yes, coordinate the review process and use the FULL EAF. E~Yes 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. []Yes ~[~No COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater qualfly or quantily, noise levels, existing traffic pattern, solid waste production or disposal, po ant al 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, shellfish or wildlite species, slgniflcant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use et land or o~hor natural resources? Explain Bdofiy C5, Growth, subsequent development, or related activities likely lo be induced by the proposed action? Explaia briefly: C6. Long term, short term, cumulative, or other effects not identified in Ct-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENV RONMENTAL AREA (CEA)? --L~ Yes ~ No If Yes, explain briefly: E IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT AL ADVERSE ENV RONMENTAL IMPACTS? [] Yes [~No If Yes, explain briefly: PART III - DETERMINATION 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 (ia urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) 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 If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl. EAF and/or prepare a positive declaration ] Check this box if you have determined, based on the informafion and analysis above and any supporting documentafion, that the proposed action WiLL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppoding this determination Name of Lead Agency Signat~rE-~.f'~esponsible Officer in Lead Agency Date Titte of Responsible Officer Si~na~re of Preparer (If dight from responsible A C C E P T A N C E R E S 0 L U T I 0 N RESOLUTION 2008-980 ADOPTED DOC ID: 4332 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-980 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2008: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of acquisition by gift of fee title to vacant lands owned by Marion Heaney, owner of record, on this 21 st day of October, 2008, pursuant to the provision of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the two parcels, identified as SCTM #1000-34-1-7 (8.0± acres) and SCTM #1000- 41-1-1 (0.62~ acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New Yorki in the R-40 zoning district. Both parcels are listed on the Town's Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties; and WHEREAS, the purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds; and WHEREAS, the acquisition of these properties is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation); and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) Resolution 2008-980 Board Meeting of October 21, 2008 and the LWRP Coordinator has recommended to the Town Board that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for this donation and recommends that the Town Board accept the donation of these properties; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold accepts the donation of the subject properties for the purpose of open space, scenic protection and wetlands protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties; now, therefore, be it RESOLVED that pursuant to the provision of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby accepts the donation of properties owned by Marion Heaney subiect to clear and marketable title and an acceptable environmental site assessment and survey, if deemed necessary, of the subiect properties. The two parcels, identified as SCTM #1000-34- 1-7 (8.0~ acres) and SCTM #1000-41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town's Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. The acquisition of these properties is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation). The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended to the Town Board, and the Town Board has hereby determined, that this action is Updated: 10/21/2008 2:34 PM by Lynda Rudder Page 2 Resolution 2008-980 consistent with the LWRP. Board Meeting of October 21, 2008 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 10/21/2008 2:34 PM by Lynda Rudder Page 3 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board From: Mark Terry, Principal Planner ~ LWRP Coordinator Date: October 16, 2008 Re: Acquisition by gift of fee title of vacant lands totaling approximately 8.62~ acres from Marion Heaney Location: 69200 County Road 48, Greenport SCTM #1000-34-1-7 & 1000-41-1-1 Zoning District R-40 This proposed action is for the acquisition by gift of fee title to vacant lands totaling approximately 8.62± acres from Marion Heaney 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: Patricia Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator OCT 2 0 2008 DEPIOF LAND PRESERVAT ON C L 0 S I N G E X P E N S E S CLOSING STATEMENT BRION P. HEANEY, as Administrator for the Estate of William F. Heaney, deceased, to TOWN OF SOUTHOLD Open Space - 8.6 acres Premises: 69200 CR 48 & 555 Madison St, Greenport SCTM #1000-34.-1-7 (8.0 acres) and 1000-41.-1-1 (0.6 acre) Informal Closing by mail - September 21, 2012 Purchase Price: $ -0- (donation) Expenses of Closing: Environment Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC (12/2/2008) $ 1,100.00 Title Report Payable to Stewart Title Insurance Company (10/9/2012) fee title insurance policy $ 464.00 recording deed $ 250.00 certified copy of deed $ 25.00 additional vacant lot report $ 250.00 $ 989.00 2011-2012 Real Property Tax Reimbursement $ 127.56' Payable to Thomas Kalish, As Attorney (10/9/2012) '71 days @ $1.79667/diem Representation: Brion P. Heaney Thomas Kalish, Esq. Scott A. Russell Mary C. Wilson, Esq. Melissa Spiro Melanie Doroski Christopher McKeever Administrator Attorney for Heaney Estate Southold Town Supervisor Attorney for Town of Southold Land Preservation Coordinator Sr. Administrative Assistant Title Company Representative Nelson, Pope & Voorhis, I I C 572 Walt Whitman Road Phone: 63%427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 08248 Project: Heaney Property, Greenport Manager: McGinn, Steven VA02748 To: Town of Southold Deot of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melanie Doroski Invoice #: 6239 Invoice Date: November 19, 2008 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $1,100. O0 Contract dated September 4, 2008 - Item gl: Prepare Phae I Environmental Site Assessment Work Performed thru 10/27/08 Contract Amount: $1,100.00 Percent Complete: 100.00% Fee Earned: $1,100.00 Prior Fee Billings: $0.00 Current Fee Total: $1,100.00 *** Total Project Invoice Amount $1,100. O0 Please make all checks payable to NELSON POPE & VOORHIS Please include invoice number on check NELSON POPE & VOORHIS NOW ACCEPTS CREDIT CARDS VISA - MASTERCARD - AMERICAN EXPRESS NOV 2 1 2008 DEPT. O[ LAND PRESERVATION ESTIMATED INVOICE INVOICE NUMBER: TITLE NO.: 802001 APPLICANT/CLIENT: LENDER'S ATTORNEY: SELLER'S ATTORNEY: PROPERTY ADDRESS: District: 1000 District: 1000 11769 Town of Southold Annex - Land Preservation NONE Law Office of Thomas Kalish 69200 C.R. 48 , Southold NY 11971 555 Madison Street , Greenport NY 11944 Section: 034.00 Block: 01.00 Lot: 007.000 Section: 041.00 Block: 01.00 Lot: 001.000 DATE: 9/25/2012 TITLE CLOSER: CLOSING DATE/TIME: Closing not yet scheduled CLOSING LOCATION: TRANSACTION TYPE: Fee SALES PRICE: $58,000.00 COUNTY: Suffolk PROP TYPE: Vacant PURCHASER/BORROWER: Town of Southold SELLER (S): Estate of William F. Heaney Marion Heaney PREMII. FM: Fee Insurance (Liability Amount: $58,000.00) $464.00 $464.00 ENDORSEMENTS: SEARCH FEES: 9ther $25.00 $25.00 Certified Copies (Tax Exempt Emit3, - No Sales Tax to be applied) RECORDING FEES: Deed(s) $250.00 $250.00 Add'l Tax lot RP5217 $250.00 $250.00 Vacant TAXES: {TRANSFER/MANSION/MORTGAGE) NYS Transfer Tax (usually paid by seller) ($232.00) ** EXEMPT ADDITIONAL: SUBTOTAL: $989.00 $989.00 $0.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $989.00 $989.00 $0.00 $0.00 RECEIPTS DIRECT CHECKS: AMOUNT: STIC CHECKS: AMOUNT: *Taxable at 8.625%. ** Party responsible for payment Please note that we provide our estimates, as stated, based on the information we receive from the parties and usually without having been provided final documentation to be used at closing. Should there be a "change in circumstances" as defined in RESPA rules, Stewart Title reserves the right as allowed under the RESPA rules to revise our estimated closing costs at any time and we reserve the right to charge a fee for re-scheduling the closing should it be adjourned on shor~ notice. NEW YORK METRO 800-8534803 212-922-1593 fax Stewartnewyork.com 707 Westchester Ave, 4th FI White Plains, NY 10604 300 East 42nd Street, 10th Floor New York, NY 10017 Paee 1 of 2 150 Broadhollow Road, Suite 217 Melville, NY 11747 Print Bill Page 1 of 1 Fiscal Year Start: 12/I/2011 Collection: Town & County 2011 Fiscal Year End: 11/30/2012 Warrant Date: 12/6/2011 Total Tax Due (minus penalties & interest) $274.00 Tax Entered Posted Total Amount Penalty Surcharge Via Type 1 st Installment Payment - 1/17/2012 1/10/2012 $274.00 $274.00 $0.00 $0.00 LockBox Payment Tax Bill # Tax Map # Status 003943 34.-t-7 Partially Paid Address Municipality School 69200 CR 48 TOWN OF SOUTHOLD Greenport School Owners Property Information Heaney William F Roll Section: 1 c/o Estate of William F Heaney Property Class: Vacant rural PO Box 117 Lot Size: 8.00 Rusk, TX 75785 Assessment Information Full Market Value: $45,045.00 Total Assessed Value: $500.00 Uniform %: 1.11 Description Tax Levy Change Taxable Value Rate Tax Amount Suffolk County Tax 54287505 0.0 500.00( 18.60900000 $9.30 NYS Real Prop TaxLaw 1066460 -19.1 500.00( 9.83700000 $4.9l MTA Payroll Tax 67726 0.8 500.00( 0.62500000 $0.3 l Out of Cry SCCC 78917 100.( 500.00( 0.73000000 $0.36 $outhold Town Tax 27760119 2.4 500,00( 258.25200000 $129.12 Greenport School 10836207 7.11 500.00( 687.42500000 $343.71 Greenport Library 899737 5.( 500.00( 30.75800000 $15.37 E-W Protection FD 743389 4.2 500.00( 71.58400000 $35.79 Solid Waste District 1806814 -3.5 500.00( 17.21700000 $8.61 Waste Water District 101350 I00.( 500.00{: 1.03400000 $0.52 Total Taxes: $548.00 Estimated State Aid - Type Amount County $281,983,132.00 Town $1,682,695.00 Mail Payments To: http://egov.basny.com/southold/iTax_bill.aspx?%2 fu9IL3 IWXx4FSH8 SHV96dNUbxBHpi... 8/2/2012 Print Bill Page I of 1 Fiscal Year Start: 12/1/2011 Collection: Town & County 2011 Fiscal Year End: 11/30/2012 Warrant Date: 12/6/2011 TotaITax Due (minus penalties & interest) $54.79 Entered Posted Total Tax Penalty'Surcharge Via Type Amount I st lnstalhnent Payment - LockBox 1/17/2012 1/10/2012 $54.79 $54.79 $0.00 $0.00 Payment Tax Bill # Tax Map # Status 004831 41 .- 1 - 1 Partially Paid Address Municipality School 555 Madison St TOWN OF SOUTHOLD Greenport School Owners Property Information Heaney William F Roll Section: 1 c/o Estate of William F Heaney Property Class: Res Vac PO Box 117 Lot Size: 0.62 Rusk, TX 75785 Assessment Information Full Market Value: $9,009.00 Total Assessed Value: $100.00 Uniform %: 1.11 Percent !Description Tax Levy Change Taxable Value Rate Tax Amount ,uffoLk County Tax 54287505 0.12 100.000 18.60900000 $1.86 51YS Real Prop TaxLaw 1066460 -19.1 100.000 9.83700000 $0.98 MTA Payroll Tax 67726 0.8 100.000 0.62500000 $0.0~ Dut of Cry SCCC 78917 100.£ 100.000 0.73000000 $0.07 Southold Town Tax 27760119 2.4 100.000 258.25200000 $25.82 ~reenport School 10836207 7A 100.00O 687.42500000 $68.74 Greenport Library 899737 5.12 100.000 30.75800000 $3.05 E-W Protection FD 743389 4.2 100.00~ 71.58400000 $7.1~ Solid Waste District 1806814 -3.5 100.00(~ 17.21700000 $1.72 Waste Water District 101350 100.£ 100.00(~ 1.03400000 $0.112 Total Taxes: $109.58 Estimated State Aid - Type County Town Mail Payments To: Amount[ $281,983,132.00 $1,682,695.00 http://egov.basny.com/southotd/iTax_bill.aspx?VwmEoSTQw0CErZvAAuKlidC22hfRj 8gZ 8/2/2012 R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 5 Receipt N,~mher : 12-0109154 TRANSFER TAX NUMBER: 12-04112 District: 1000 ODeed Amount: Recorded: At: LIBER: PAGE: Section: Block: 041.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $25.00 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: 12-04112 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 09/21/2012 12:12:38 PM D00012705 975 Lot: 001. 000 Exemp~ $20.00 NO $15.00 NO $250.00 NO $0.00 NO $120.00 NO $0.00 NO $450.20 Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2012 Sep 21 i2:12:38 PM JUDITH R. PRSCRLE CLERK OF SUFFOLK COUNT? L D00012705 P 975 Deed/Mortgage instrument Deed/MortgageTaxStamp I Recording / Filing Stamps FEES Page / Filing Fee Handling 20. 00 TP-584 Notation Affida~Z __ '~ Real Prop Tax Servk Agency SubTotal NYS Surcharge 15. 00 SubTotal Grand Total 12022270 zooo o4~.oo o~.oo oo~_ooo Mortgage Amt. 1. Basic Tax 2. Additional Tax SubTotal Spec./Assit or Spec./Add. TOT. MTG. TAX Dual Town -- Dual County __ Held for Appointment Transfer Tax Mansion Tax The properly covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, s~e~appropriate t~x clause on Community Preservation Fund Consideration A~ou~t CPF Tax Due Satisfactions/Discharges/Releases List Property Owners Mailing Address Mail to: Judith A. Pascale, Suffolk Coun~ Clerk ~i.~ Comp,ny Information 310 Center Drive, Riverhead, NY 11901 ~~ . ~.suffolkcoun~ny,gov/clerk ITM Suffolk County Recording & Endorsement Page This page forms part of the attached~ by: (SPECIFY IYPE OF INSTRUMEN~ ~ ~ ~ ~ ,q&~n~r¢~ The premises herein is situated in J ' SUFFOLK COUNt, NEW YORK. To ~ OC ~U~O~&. IntheVILLAGE or HAMLET of 8OXES ~ THRU ~ MUST BE ~PED OR PRINTED IN B~CK INK ONLY PRIOR TO RECORDING OR FILING. made (over) NY 005 - Bargain and Sale Deed wilh Covenant against Orantor's Acts Individual or Corporation (Single Sheet) (NYBTU 80021 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the ~.~' ~(( day of June , in the year 2012 BETWEEN Brion P. Heaney as Administrator CTA, letters dated February 8, 2012, index # 2012-12 County of Suffolk, for the Estate of William F. Heaney who died late of Marion County, Florida on February 1, 2004 party of the first part, and Town of Southold, a municipal corporation parly of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other 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 par~y of the second part forever, ALL that certain plog piece or parcel of land, with the buildings and improvemenls thereon erected, situate, lying and being in the SEE ATTACHED SCHEDULE A TOGETHER with all right, title and interest, if any, of the par~y of the first part of. 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 fights 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 of the party of the second part forever. AND the party of the first part covenants that the party of the first parl has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first pan, 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 fight to receive such consideration as a trust fund to be applied first fbr the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the ~mprovement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the par~y of the first part has duly executed this deed the day and year first above written. USEACKNOWLEDGMENTFORMBELOWWITHINNEWYORKSTATEONLY: State of New York, County of } ss.: On the day of in the year before me, the undersigned, persona}fy appeared , personally known to m~ 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 hisArer/their signature(s) on the instrunrent, the individual(s), or the person upon behalf of whicb the individual(s) acted, executed file instrument. ACKNOWLEDGMENTFORM FORUSEWITHINNEWYORK STATEONLY: {New York Subscribing Witness Acknowledgment O'rtificate} State of New York, County of } ss.: On the day of in the year before me, the undersigned, personally appeared the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/sbe/they reside(s) in (if the place of residence is in a city, include the street and street number, if any, thereoj9; that he/she/they know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto, BARGAIN&SALE DEED TO FIDELITY NATIONAL TITLE OINSURANCE COMPANY USEACKNOWLEDGMENTFORMBELOWWITHINNEWFORKSTATEONLY: State of New York, County of } ss.: On the day of in the year before me, the undersigned, 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 insh-ument and acknowledged to me that he/she/they executed the same in his/her/their capaciiy(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. ACKNOWLEDGMENTFORMFORUSEOUTSIDENEWYORKSTATEONLY: Out of tare or F. ~n General Acknowledgment Certificate} (Colnpiste Veft~e wtth State, Country. Province or Municipality) On tire g~tt~ day of~l~n tile year ~ before m~, the undersigned, personally appeared ~,~tO/~ personally lamwn to me or proved to me on the basis of satisfacto¢~ evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and aclmowledged to me that he/she/they executed the same in his/her/their capaciiy(ies), 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. smr~o~ ciA, O3 004, RECORDED A T REQUEST OF Fid eltiy National Title Insurance Company Land Preservation Dept. Town of $outhold 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 SCHEDULE A - DESCRIPTION PARCEL 1 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BOUNDED on the North by land now or formerly oftbe Town of Southold; BOUNDED on the East by land now or formerly of Eugeae N. Mazzaferro and William F. Heaney; BOUNDED on the South by land now or formerly of Nelson E. Beebe; and BOUNDED on the West by Madison Street; PARCEL II ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, being more particularly bounded as follows: BEGINNING at the Southeasterly corner of land hereinbefore described and BOUNDED on the Soutb by lands now or formerly of Andrew Ficurilli and Denise FicurilIi; Joel Daly and Giovanna Daly: Josep ~ N. Diaz; and Robert G. Staples; BOUNDED on the East by lands now' or formerly ofAntone A. Straussner, Jr., Esther Sperling; Michael J. Hassett and Cryer Hassett; The State of New York; James Woodhull and Judith Woodhull; Theodore C. Henkel; and Faith A. Valenti; BOUNDED on the North by Main Road (State Road 25) and by lands now or formerly of Frances M. Ferguson; and BOUNDED on the West by lands now' or formerly of John S. Doroski, Jr., The Town of Southold; and WilIiam F. Heaney. RIDER TO DEED DATED June 4, 2012 between BRION P. HEANEY, as Administrator CTA, letters dated February 8, 2012, index #2012-12 County of Suffolk, for the ESTATE OF WILILAM F. HEANEY, who died late of Marion County, Florida on February 1, 2004 and TOWN OF SOUTHOLD, a municipal corporation 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 as a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of fee title acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. In Presence Of: Town of Southold By: Sco~{ A. Russell Southold Town Supervisor State of New York ) County of Suffolk ) ss: On the ~'~ day of September, 2012, before me, the undersigned, a Notary Public in and for said state, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the Town of Southold, and that by his signature on this instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NVo~ary Public LAUREN M. STANDISH Nota~j Public, State of New York No. 01ST6164008 Qualified in Suffolk County Commission Expires Apdl 9, 20 I~ T I T L E P 0 L I C Y ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY 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, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impemonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii)a document affecting Title not propedy created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not propedy filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments impesed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No dght of access to and from the Land. 5. The violation or enfomement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the eccupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvemenl erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records set~ing forth the violation or intention to enfome, but only to the extent of the violation or enforcement referred to in that notice. 6. An enfomement action based on the exemise of a governmental pelice power not covered by Covered Risk 5 if a notice of the enfomement action, describing any pert of the Land, is recorded in the Public Records, but only to the extent of the enfomement referred to in that notice. 7. The exemise of the dghts of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned: Stewart Title Insurance Company New York, New York Serial No. O-8911-604270 if you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-433-0014. If you m~ke a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wibe Web site at htt D JN~w. St ewar t N ewYork.~m File No.: ST08-02001 COVERED RISKS (Continued) Title being vested other than as stated in Schedule A or being defective (i) to be timely, or (a} as a result of the avoidance in whole or in part, or from a court order (ii) to impart notice of its existence to a purchaser for value or to a providing an allernative remedy, of a transfer of all or any part of the 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 Titlo or other matter included vesting Title as shown in Schedule A because that prior lransfer in Covered Risks 1 through 9 that has been created or attached or has constituled a fraudulent or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy bankruptcy, state insolvency, or similar creditors' fights laws; or and prior to the recording of the deed or other instrument of transfer in the (b) because the inslrument of transler vesting Title as shown in Public Records that vests Title as shown in Schedule A. Schedule A constitutes a prelereatial 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, bul only to the exlent reason of the failure ol its recording in the 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 adse by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building end zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. {b) Any governmental police power. This Exclusion l(b} does not modify or limit the coverage provided under Covered Risk 6. 2. 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 claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the InsL~red Claimant prior to the date the Insured Claimant became an Insureq under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by mason of the operation of federal bankruptcy, state losolvancy, or similar creditors' fights 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 reason not staled in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching behveen Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records lhat vests Title as shown in Schedule A. CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount slated 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, limiteq 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 ~s distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an insured by its conversion to another kind of Entity; (D) a granlee of an Insured under a deed delivered without payment of actual valuable consideration conveying lhe Title (1) if the stock, shares, memberships, or other equity interests of lhe grantee are wholly-owned by the named Insured, (2) if lhe 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 beth wholly-owned by the same person or Entity, or (4) if lhe grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company weuld have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive know{edge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term 'Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or lim[l the extent that a fight 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 established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect lo Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of lhe Title or lender on the Title to be released from lhe obligation 1o purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. File No.: ST08-02001 CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE The coverage of this poricy shall continue in force as of Date of Policy in favor of an Insured, but only so long as lhe Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interesl in the Land, or (ii) an obligation secured by a pumhase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and lhat might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Craimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, fo the extent 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 subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counset of its choice (subject to the right of the Insured to object for reasonable cause) to represent the insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters 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 this policy, whether or not it shall be liable to the insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of compelent jurisdiction, and it expressly reserves the dght, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires lhe Company to prosecute or provide for 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 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 effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the 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 liability or obligation fo defend, prosecule, or continue any litigation, with regard to the matter or matters requiring such cooperation. The Company may reasonably require the Insured Claimant to submit to examination under oath by any acthodzed representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant perm[ssioo to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SETrLE CLAIMS; TERMINATION OF LIABILITY 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 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 lhe time of payment or tender of payment and that the Company is obligated to pay. Upon the exemise by the Company of this option, alt liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Othe~vise Settle With Parties Other Than the Insured or With the Insured Claimanl. (i) TO pay or othem,ise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any cosls, 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 the loss or damage provided lor 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 obligated to pay. Upon the exercise by lhe Company of either of the oplions 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. I Page 3 Serial No.: O-89t 1-604270 ~ File No.: ST08-02001 CONDITIONS (Continued) 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual 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 not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference belween the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) if the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the insured Claimant or as ol the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a} If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a dght of access to or frem the Land, or cures lhe claim of Unmarketable Tille, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to lhe insured. (b) In the event of any litigation, including litigatian 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 k~ss or damage to the insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior wdtten consent of the Company. 10. REDUCTION OF iNSURANCE; REDUCTION OR TERMINATION OF LIABIETY All payments under this policy, except payments made for costs, attorneys' fees, and expanses, shall reduce the Amount of insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any palicy insuring a Mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy a~J which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. v 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETFLEMENT (a) Whenever the Company shall have settled and paid a claim under lhis policy, it shall be subrogaled and entitled to the rights of the Insured Claimant in the Title and all other fights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transler to the Company of these dghts and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving lbese rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its fight 1o recover until after the Insured Claimant shall have recovered its ~oss. (b) The Company's right of subrogation includes the rights of Ihe Insured to indemnities, guaranties, other policies of insurance, or bends, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or conlroversy shall be submitted 1o arbilration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (~Rules"). Except as provided in the Rulos, there shall be no joinder or consolidation with claims or controversies of other parsons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a paiicy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitretor(s) may be entered in any court of competent judediction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract beh~;en the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of toss or damage that arises out of the status of the Title or by any action asserting such claim shall be restdcted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and previsions. Except as the endorsement expressly states, it does not (i) modify any of the terms and previsions of the policy, (iD modi~ any pdor endorsement, (iii) extend the Date of Policy~ or (iv} increase the Amount of Insurance. 16. SEVERABILITY In the event any prevision of this policy, in whole or in pad, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part hald to be invalid, but all other provisions shall remain in full tome and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the inte~pretalion, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where lhe Land is located to determine the validity of claims against the Title that are adverse to lhe Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (c) Choice ol Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed onh/in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Claims Department at 300 East 42 St, 10 Floor, New York, NY t 0017. ~Page 4 Sedal No.: O-8911-604270 File No.: ST08-02001 ALTA OWNER'S POLICY (6/17/06) SCHEDULE A File No.: ST08-02001 Amount of $58,000.00 Insurance: Date of Policy: 1. Name of Insured: Town of Southold September 11, 2012 Policy No.: O-8911-604270 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Town of Southold who acquired title by deed from Brion P. Heaney as Administrator CTA, letters dated February 8, 2012, Index #2012-12, County of Suffolk, for the Estate of William F. Heaney who died late of Marion County, Florida on February 1, 2004, dated June 4th, 2012 and recorded 9/21/2012 in Liber 12705 Page 975 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: 034.00 Block: 01.00 Lot: Section: 041.00 Block: 01.00 Lot: 007.000 001.000 ALTA OWNER'S POLICY (6/17106) File No.: ST08-02001 SCHEDULE A DESCRIPTION Policy No.: 0-8911-604270 PARCEL 1 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BOUNDED on the North by land now or formerly of the Town of Southold; BOUNDED on the East by land now or formerly of Eugene N. Mazzaferro and William F. Heaney; BOUNDED on the South by land now or formerly of Nelson E. Beebe; and BOUNDED on the West by Madison Street; PARCEL II ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, being more particularly bounded as follows: BEGINNING at the Southeasterly comer of land hereinbefore described and BOUNDED on the South by lands now or formerly of Andrew Ficurilli and Denise Ficurilli; Joel Daly and Giovanna Daly; Joseph N. Diaz; and Robert G. Staples; BOUNDED on the East by lands now or formerly of Antone A. Straussner, Jr., Esther Sperling; Michael J. Hassett and Cryer Hassett; The State of New York; James Woodhull and Judith Woodhull; Theodore C. Henkel; and Faith A. Valenti; BOUNDED on the North by Main Road (State Road 25) and by lands now or formerly of Frances M. Ferguson; and BOUNDED on the West by lands now or formerly of John S. Doroski, Jr., The Town of Southold; and William F. Heaney. ALTA OWNER'S POLICY (6/I 7~06) SCHEDULE B PART I File No.: ST08-02001 Policy No.: O-8911-604270 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: 1. Right of Way in Liber 5439 Page 107. 2. Subject to any state of facts an accurate survey would show. Policy will except the exact locations, courses, distances and dimensions of the described premises in the absence of said accurate survey. 3. Rights of tenants or parties in possession, if any. 4. Policy excepts all water charges from date of the last actual reading of the meter including charges entered hereafter but which might include usage prior to the date of this policy. STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: ST08-02001 Date of Issue: September 11, 2012 ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8911-604270 1. The following is added as a Covered Risk: "11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching bebNeen Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. DATED: September 11,2012 Countersigned By: Authorized Office or Agent STEWART- TITLE INSURANCE COMPANY Secretary Stewart Title Insurance Company 300 East 42nd St., 10th Fl New York, New York 10017 STANDARD NEW YORK ENDORSEMENT (7/01/12) FOR USE WITH ALTA OWNER'S POLICY (6-17-06} P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa, spiro~town southold ny.us Telephone (631 ) 765-571 I Facsimile (63 I) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Rd & Youngs Ave) $outhold~ New York MAILING ADDRESS: P O Box 1179 Southold, NY 11971-0959 TO: From: Date: Re: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Tax Assessors The Nature Conservancy Suffolk County Division of Real Estate Building Department Data Processing Town Comptroller Public Works Planning Board Trustees Peconic Land Trust Melissa Spiro, Land Preservation Coordinator September 26, 2012 HEANEY ESTATE to TOWN OF SOUTHOLD Open Space SCTM #1000-34.-1-7 (±8.0 acres) and #1000-41 .-1-1 (0.6 acre) SCTM #: LOCATION: PROPERTY ADDRESSES: PROPERTY OWNER: FEE TITLE TRANSFER: PURCHASE PRICE: OPEN SPACE ACREAGE: FUNDING: MISCELLANEOUS: Please be advised that the Town has acquired the open space property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. 1000-34.-1-7 and 1000-41.-1-1 vacant wetlands area located between CR 48, Main and Madison Streets 69200 County Rd 48 and 555 Madison Street, Greenport Brion P. Heaney as Administrator for the Estate of William F. Heaney, deceased September 21, 2012 (closing via mail) $-0- (donation) ±8.6 total acres CPF (closing expenses only) The parcels are listed on the Town's Community Preservation Project Plan. Purpose of this acquisition is for open space, scenic and wetland preservation, and drainage purposes. All uses will be in accordance with the environmentally sensitive nature of the property and a Management Plan. 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 October 9, 2012 Sheilah O'Heaney-Debbs P.O. Box 117 Rus~ TX 75785 Re: ESTATE OF WILLIAM F, HEANEY to TOWN OF SOUTHOLD SCTM #1000-34.-1-7 and #1000-41.-1-1 Dear Ms. O'Heaney-Debbs: I was in the midst of touching up a thank you letter to your mother for the generous open space land donation that was iust recently transferred by recorded deed to the Town of Southold from the Estate of William F. Heaney when a co-worker informed me of her obituary appearing in our local newspaper. Upon its reading, it appears that your mother, Marion Heaney, was a warm and generous woman that led a fulfilling and productive existence during her 94 year life span. May I relay to you, upon behalf of the Town of Southold, our sincere sympathy for your recent loss and express the Town's heartfelt thanks to the family members of the late William F. Heaney and Marion Lucy Valvo Heaney for your mother's donation of 8.6 acres of environmentally sensitive lands in Greenport. It is with sincere gratitude that I can now add this acreage to the Town's growing list of preserved and protected parcels within the Town of Southold. Again, I am sorry for your loss. Kindly convey the Town's sympathy and its gratitude to the entire Heaney family. May their spirit live on in each and every one of you that they have left behind. Sincerely, Land Preservation Coordinator OBITUARIES... q-xq-zo _ CONTINUED FROM PREVIOUS PAGE Marion Lucy Valvo Heaney Marion LucyValvo Heaney peace- fully passed away on Sept. 19, 2012, after a short illness. She was 94. Born Dec. 19, 1917, in Forest- ville, N.Y., Marion grew up the old- est daughter among seven chil- dren (siblings Carl, Mary, Henry, Anthony, Rose and Burt). She graduated from Fredonia State Teachers Col- lege, eventually obtaining a mas- ter's degree. She pursued a career in education and her first teaching MARION HEANEY position was in a one-room schoolhouse near Forest- ville. Her teaching career took her to Greenport, N.Y., where she taught 2nd and 3rd grades for 25 years and eventually retired after teaching in NewYork for over 30 years. While in Greenport, she met and married William ("Bill") E Heaney (deceased). Marion and Bill were married at St. Rose of Lima Roman Catholic Church in Forestville in 1952. They raised four children, Gayle Bealer, Kevin Heaney, Sheilah O'Heaney-Debbs and Brion Heaney. Bill and Marion retired to Texas, then to Florida and then Marion re- turned to Texas, residing in Rusk at the time of her passing. She is survived by her siblings, Henry Valvo and Rose Benson; all four of her children; her sons-in- law Ted Debbs and Bill Bealer and daughter-in-law Theresa Heaney; her 12 grandchildren; 10 great grandchildren; her in-laws John and Helen Heaney, Bernard and Marie Heaney and Vicki Heaney; numerous loving nieces, nephews, grand-nieces, grand-nephews and great-grand-nieces and -nephews; as well as untold numbers of past students. Marion was an inspiration to all of us. Though small in stature, Mar- ion Valvo Heaney was the personi- fication of love, strong will and de- termination (being a 35-year cancer survivor). We will miss you greatly. For those who wish to send flow- ers, the family asks instead that do- nations be made to the B. Timothy, Shawn T. and Kerry E Heaney Me- morial Scholarship Fund (P.O. Box 828, Ridgely, MD 21660) or St. Jude Research Center (www. stjude.org). Paid notice 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 (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 October 22, 2012 George R. Sullivan, Receiver of Taxes Town of Southold 53095 Route 25 P.O. Box 1409 Southold, NY 11971-0499 Re: Notice of New Owner SCTM #1000-34.-1-7 SCTM #1000-41.-1-1 Dear George: Please be advised that the Town of Southold purchased two parcels identified as SCTM #1000-34.-1-7 and #1000-41.-1-1 located at 69200 County Road 48 and 555 Madison Street in Greenport for open space purposes by deed recorded on September 21, 2012. The properties were formerly owned by William F. Heaney, deceased, and further identified on your bills #3943 and #4831. All future real property tax bills should be forwarded directly to the Town of Southold Accounting Department for payment, at 53095 Route 25, P.O. Box 1179, Southold, NY 11971-0959, until such time as the property is declared exempt by the Town Assessors. Very truly yours, Melissa Spiro Land Preservation Coordinator /md cc: Southold Town Assessors 41.-1-1 473889 ~uthold : ' Activ~ : R/S~I:: Schooli 6reenport Sch( Heane, Y.'Wr iamF RolIYe~C]2D12 COuY~r ~ ' ~n~AV~iO0 555 Madison St Land Si~:0.62 a~fes / TotalAV: 100 P~;~o~ 117 Hl~cellane6u~ Land ~a~able ~p ue ~ - Co~ly~: :/~ lO0 Book 1175~ : 300 ~ ~ ~ T~p~ F~L r Oep[h Acf~s Sqfl L 0 C A L H I S T 0 R Y I I I 1964 rCHAMP I ~ - . 1940 I i I I I I ! i I I I Parhal S te ¢. 1928 18 I ~ ! I i I d 1917 A E R I A L S ! I I I I I I I I I ! I ! ! Heaney Property, Mnn~h'~e NP&V #08248 1996 AERIAL PHOTOGRAPH ! I I I I I Heaney Property, NP&V #08248 1984 AERIAL PHOTOGRAPH ! I I I I I Heaney Property, M~ NP&V #08248 1978 AERIAL PHOTOGRAPH ! I I I I I ! ! Heane) Property, Ma~ NP&V #08248 I I I I ,,. 1966 AERIAL PHOTOGRAPH ! I I I I I ! ! ! ! Heaney Property,~anc~ille NP&V #08248 1955 AERIAL PHOTOGRAPH ! I I I I I I I® I I I I ! ! ! ! Heaney Property, Manorvitte NP&$~ #08248 1938 AERIAL PHOTOGRAPH A E R I A L M A P