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HomeMy WebLinkAboutPekunka, Michael & Barbara 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 To: Elizabeth A. Neville Town Clerk From: Melanie Doroski Sr. Administrative Assistant Date: December 10, 2012 Re: MICHAEL M. PEKUNKA, BARBARA J. MARCZEWSKI & SANDRA RINEHART to TOWN OF SOUTHOLD Open Space Acquisition - 10.38 acres SCTM #: 1000-53.-1-6.2 (flk/a part of 1000-53.-1-6) Location: 475 Pipes Neck Road, Greenport Betty: Enclosed for safekeeping in your office, please find the following documents: · Original Bargain & Sale Deed dated October 18, 2012 between Michael M. Pekunka, Barbara J. Marczewski and Sandra Rinehart and the Town of Southold, recorded in the Suffolk County Clerk's office on 10/30/2012, in Liber D00012709 at Page 822 · Original Title insurance policy #NY-FRVH-SAM-2730632-1-12-86092 issued by Fidelity Title Insurance Company on October 18, 2012, in the insured amount of $550,000.00 (title no. F12-7404-86092SUFF) · Closing Statement Thank you. Melanie encs. cc: Assessors w/copy of recorded deed & survey SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 4 Receipt Number : 12-0123943 TRANSFER TAX NUMBER: 12-07071 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 053.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $20.00 NO Handling COB $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert.Copies $5.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 12-07071 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 10/30/2012 12:45:32 PM D00012709 822 Lot: 006.002 Exempt $20.00 NO $15.00 NO $250.00 NO $0.00 NO $60.00 NO $0.00 NO $385.00 Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Page / Filing Fee ~C~ Deed / Mortgage Tax Stamp FEES Handling TP-584 20. 00 5 % Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit NYS Surcharge Other 4 I Dist. Real Prope~ Tax Servi( Agency Verificatic 6 5. 00 ,5 Sub Total 15. 00 Sub Total Grand Total 12025429 zooo 05300 ozoo 006002 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny, gov/clerk Reco[ding / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County.__ Held for Appointment Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. 5 Community Preservation Fund Consideration Amount $ ~C'C~ Tax $ y. ~--/r/ TD TD 1 7ol Title Company Information [ Title # Improved TD /O 8 Suffolk County Recording & Endorsement Page This page forms part of the attached ~q~-~lin/ ~1~//I -~9~-t~ ~ madeby: (SPECIFY TYPE OF INSTRUMENT) /)~//--W~/~_/.. 17), P~*t~,~*~A/ ~,'¢~.~,~.~'~ ,7" The premises herein is situated in IT)tC, i'c~t~/,xi</ //z/o ,.~l~,_~ 12), ,,~1,t/~'-/,',~,~7~ SUFFOLK COUNTY, NEW YORK. TO In the TOWN of '7~w,~, 0~- ff~ ~ In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO ~CORDING OR FILING. (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10~ and on or before May 31~t. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 {631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes One Independence Hill Farmingville, N.Y. 11738 (631) 451-9009 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 {631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk NY 005 - Bargain and Sale De~.d with Covenant against Grantor's Acts Individual or Corporation (Single Sheet) (NYBTU 8002) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 18th day of October, in the year 2012 BETWEEN Michael M. Pekunka residing at 475 Pipes Neck Road, Greenport, New York, 11944 and Barbara J. Marczewski residing at 532 Sterling Place, Greenport New York, 11944 and Sandra M. Rinehart residing at 30 Malcein Dr., Southington, Connecticut, 06489. party of the first part, and Town of Southold, a municipal corporation, at 53095 Route 25, Southold, New York 11971 party 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 party of the second part forever, ~LL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the See Schedule A attached (Description of Premises) Being and Intended to be part of the same premises as described in deed made by part of Anna Pekunka recorded 5/04/93 in Liber 11627 cp 668. THIS CONVEYANCE is to confirm a clustered re-subdivision as approved by a Town of Southold Planning Board Resolution dated September 17, 2012, as reflected on the attached Schedule B. 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 electors of the Town voting on a proposition submitted at a special or biermial town election. No subsequent amendment of the provisions of those chapters shall alter the limintations imposed upon the alienation of development fights acquired by the Town prior to any such amendment. This covenant shall mn with the land in perpetuity. TOGETHER with all right, title and interest, if any, of the party 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 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 of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has nd yenr~rst above ~i duly exgr~uted this deed the day tten. IN PRESENCE OF: Bq/~ara J. ~a~czew~ Sandra M. Rinehart On the 1 [ before me, the undersi the subscribing am personally acquainted, depose and say that he/she/the/ USE~V~KI~OW~EDGMENTFORMBELOH~FITHINNEWYORKSTATEONL Y: State of New York, County of ~(fr'~.} ss.: Onthe [~' da~of0CL-~, in the year 201z-~ u:.O~ before me, the undersigned, personally appeared~te0P~"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 insmnnent, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument Jl< ~q~}~F~~' ' PATRICIA L. FALLON Notary Public, State Of New No. 01FA4950146 Qua f ed in Suffolk County Commission Expires Apr 24, 71THINNEWYORK ST~TEONLY: /~ York Subscribing Witness Acknowledgment Certificate/ 0f ~'~ SS.: cF. in the year ~ol.L instrument, with whom I by me duly sworn, did USEACKNOWLEDGMENTFOP~IBELOWWITH1NNEWYORKSTATEONLY: State of New York, County of ~F~.~} ss.: Onthe I~ day of Dc'r-. inthe year .Zo~ ~_~_.~ae~.l before me, the undersigned, personally appeared ~,r~, 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. /~t.~ ~ ~ PATRICIA L. FALLON Notary Public, State Of New ¥orl[ No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, o=-~91~' ACKNOWLEDGMENTFORM FORUSEOUTSIDENEWYORK STATEONLY: {Out of State or Foreign General Acknowledgment Certificate} ............................................... } SS.: (Complete Venue with State. Country, Province or Municipality) 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 instrument and acknowledged to me that he/she/they (if the place of residence is in a city, ae me street~o~d street number, if executed the same in his/her/their capacity(ies), that by his/her/ any, thereo. O; that he/she/they know(s) to be the ind~al described their signature(s) on the instrument, the individual(s), or the person in and who executed the foregoing instrument; that said"s~,~scribing upon behalf of which the individual(s) acted, executed the witness was present and saw said ~ instrument. execute the same; and that said witness at the same time subsc_rib~ his/her/their name(s)as a witness thereto.^~jfl.~E/~ ~X~- ~dy-z~)n '~/Id" ~L.QO~A [.~[v PATRI N Notary No. 01'FA49501_46~ Qualified In Suffolk Oo~. _ntT%. - BARGAIN & SALE DEED Commissi~ WITH COVENANTS AGAINST GRANTOR'S ACTS DISTRICT 1000 TITLENO. SECTION 53 Michael M. Pekunka. Barbara J. Marczewe~ki. and Sandm M.Rinehart BLOCK 1 LOT P/O 6 COUNTY OR TOWN Southold Town of Soufl~old TO RECORDED AT REQUEgT OF Fidelity National Tire Insurance Company RETURN BY MAIL TO FIDELITY NATIONAL TrrLE INSURANCE COMPANY ~ ~ Fidelity ~' Mclanie Doroski Land Preserwafion Depamnmt 53095 Roule 25 P.O. Box 1179 Southold, NY 11971 ~ Title Insurance Company · ~LE NO. FI2..7_404~S6092SUFF ' SCHEDULE A (Description) · ~DED 0g/22/12 ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomoque, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the easterly side of Pipes Neck Road distant 610.36 feet southerly as measured along the easterly side of Pipes Neck Road from the comer formed by the intersection of the southerly side of Main Road with the easterly side of Pipes Neck Road; RUNNING THENCE North 53 degrees 00 minutes 00 seconds East, 180.46 feet; THENCE North 37 degrees 00 minutes 20 seconds West, 235.38 feet to land now or formerly of County of Suffolk; THENCE North 47 degrees 46 minutes 40 seconds East along last mentioned lands and land now or formerly of Reiters Seven Acre Farm, Inc., 877.27 feet to land now or formerly of Town of Southold; THENCE South 53 degrees 36 minutes 20 seconds East along last mentioned lands, 244.05 feet; THENCE South 12 degrees 23 minutes 50 seconds West, 306.61 feet; THENCE South 19 degrees 20 minutes 00 seconds West, 198.65 feet to land now or formerly of Long Island Railroad; THENCE the following 2 courses and distances along last mentioned lands: 1) South 19 degrees 20 minutes 10 seconds West, 25.98 feet; 2) South 54 degrees 50 minutes 00 seconds West, 658.25 feet to the easterly side of Pipes Neck Road; THENCE northerly along the easterly side of Pipes Neck Road the following 2 courses and distances: 1) North 55 degrees 22 minutes 00 seconds West, 146.72 feet; 2) North 37 degrees 00 minutes 20 seconds West, 82.42 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONL Y: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. SCHEDULE A.I (Description) Rev. (03/04) ,; Fidelity National Title Ihshrance Company POLICY NO.: NY-FRVH-SAM-2730632-1-12-86092 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/!7/06) With New York Coverage Endorsement Appended Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B. AND THE CONDITIONS, FIDELITY NA TIONA L TITLE [NSURANCE COMPA NY, a California corporation (the "Company ") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 1 O, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of Title being vested other than as stated in Schedule A. 2. Any defect in or [ien or encumbrance on the Title Th s Covered Risk includes but is not limited to insurance against loss from (a) A &fect in the Title caused by (i) fi.'gery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance: (iiO a document affecting Title not properly 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) ad~cumentn~tpr~perly~~ed~rec~rded~~rindexedinthePublicRec~rdsinc~udingfailuret~perf~rmth~seactsbye~ectr~nicmeansauth~rizedby law; or (viO a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would bedisclosedbyan accurate andcompleteland 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 right of access to and from the Land, 5 The violation or enforcement of any law, ordinance, permit, orgovernmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the oceupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land: or (d) environmental protection ifa notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 ifa notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice, 7. The exercise of the rights of eminent domain ifa 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 ora purchaser for value without Knowledge. 9 17de being vested other than as stated Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, ora transfer of all or any part of the title to or any interest itt the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvenry, or similar creditors' rights laws by reason of the failure o fits recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. I0. Anydefectin~rlien~rencumbrance~ntheTit~e~r~thermatterinc~udedinC~veredRisks~thr~ugh9thathasbeencreated~rattached~rhasbeen~ed~r recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 7he Company will also pay the costs, attorneys 'fees. and expenses incurred in defense of any matter insured against by this Policy. but only to the extent provided in the IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. 2730632 (5/07)7 X~'NO Signatory Fidelity National Title Insurance Company ALTA Owner's Policy (6117/06) w/New York coverage Endorsement Appended Fidelity National Title Insurance Company Policy No.: NY-FRVH-SAM-2730632-1-12-86092 Title No.: F 12-7404-86092SUFF Amount of Insurance: $550,000.00 1. Name of Insured: SCHEDULE A Date of Policy: October 18, 2012 at 9:00 AM Town of Southold The estate or interest in the land which is covered by this policy is: Fee Simple Title to the estate or interest in the land is vested in: Town of Southold Deed made by Michael M. Pekunka, Barbara J. Marczewski and Sandra M. Rienhart dated October 18, 2012, recorded October 30, 2012 in Liber 12709 page 822. The land referred to in this policy is described as follows: See Schedule A-1 (Description), following. Schedule A Owner's Policy Page I Rev. (02/04) OFidelity National Title Insurance Company Policy No: NY-FRVH-SAM-2730632-1-12-86092 Title No.: F12-7404-86092SUFF SCHEDULE A-1 Description AMENDED 08/22/12 ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomoque, Town of Southold, County of SufFolk and State o£New York, being bounded and described as follows: BEGINNING at a point on the easterly side of Pipes Neck Road distant 610.36 feet southerly as measured along the easterly side of Pipes Neck Road from the comer formed by the intersection of the southerly side of Main Road with the easterly side of Pipes Neck Road; RUNNING THENCE North 53 degrees 00 minutes 00 seconds East, 180.46 feet; THENCE North 37 degrees 00 minutes 20 seconds West, 235.38 feet to land now or formerly of County of Suffolk; THENCE North 47 degrees 46 minutes 40 seconds East along last mentioned lands and land now or formerly of Reiters Seven Acre Farm, Inc., 877.27 feet to land now or formerly of Town of Southold; THENCE South 53 degrees 36 minutes 20 seconds East along last mentioned lands, 244.05 feet; THENCE South 12 degrees 23 minutes 50 seconds West, 306.61 feet; THENCE South 19 degrees 20 minutes 00 seconds West, 198.65 feet to land now or formerly of Long Island Railroad; THENCE the following 2 courses and distances along last mentioned lands: 1 ) South 19 degrees 20 minutes 10 seconds West, 25.98 feet; 2) South 54 degrees 50 minutes 00 seconds West, 658.25 feet to the easterly side of Pipes Neck Road; THENCE northerly along the easterly side of Pipes Neck Road the following 2 courses and distances: 1) North 55 degrees 22 minutes 00 seconds West, 146.72 feet; 2) North 37 degrees 00 minutes 20 seconds West, 82.42 feet to the point or place of BEGINNING. Schedule A-I (Description) Owner's Policy Page 2 Rev. (02/04) OFidelity National Title Insurance Company Policy Number: NY-FRVH-SAM-2730632-1-12-86092 Title No.: FI 2-7404-86092SUFF SCHEDULE B - PART I Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason off Premises herein are listed as exempt/partially exempt from real estate taxes. Premises are subject to taxation on the full assessed valuation and said additional taxes and/or interest and penalties, if any, shall be levied from the date of death or the transfer from the owner entitled to the exemption and to who such exemption was duly granted. survey made by John C. Ehlers dated 06/15/12 last revised 08/07/12 shows vacant land. Fence at variation with part of easterly line; no encroachments. The premises being insured are part of a larger tax lot. The taxes assessed against the premises must be apportioned and allocated since they presently cover the premises. Schcdule B Owner's Policy Page 3 Rev. (02/04) OFidelity National Title Insurance Company STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) I. The following is added as a Covered Risk: "1 I. Any statutory lien 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 between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. THIS ENDORSEMENT is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company ATTEST STANDARD NEW YORK ENDORSEMENT (7-01-12) FOR USE WITH ALTA LOAN POLICY (6-17-06) ~ ' 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: I. (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 subdivision of land; or (iv) environmental protection; o r th e effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modi fy or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the 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 I 0); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4 Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a ~¥audulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date o frecording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS I. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and I I 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 distin- guished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribu- tion, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee o fan Insured under a deed delivered without payment of actual valuable consideration conveying the Title (I) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) i f the gramee is a trustee or beneficiary of a trust created by a writ- ten instrument established by the Insured named in Schedule A for estate planning pur- poses. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and de- fenses as to any successor that the Company would have had against any predecessor In- sured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) ~Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other re- cords that impart constructive notice o f mattars 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 properey beyond the lines o f 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 modi Fy or limit the extent that a right of access to and from the Land is insured by this policy. (h) ~Mottgage": Mortgage, deed of trust, trust deed, or other security instrument, in- cluding 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 pur- chasers for value and without Knowledge. With respect to 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) ~U nmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or ]cnd if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the 1n- 2730632 (5/07) sured, 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 o fany purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obliga- tion secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Tit]e, as insured, is rejected as Unmarketable Title. If the Com- pany 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 ex- tent 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 o fpayment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encum- brance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Sec- tion 7 of these Conditions, the Company, at its own cost and without unreasonable de]ay, 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 Com- pany shall have the fight to select counsel of its choice (subject to the fight 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 Ti- tle, 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 fights 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 bfings an action or asserts a defense as required or per- mitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the fight, in its sole discretion, to appeal from any adverse judgment 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 for the defense of any action or proceeding and any appeals, the Insured shall se- cure to the Company the right to so prosecute or provide defense in the action or proceed- ing, including the right to use, at its option, the name of the Insured for this pu~ose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the 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 to defend, prosecute, or con- tinue any litigation, with regard to the matter or matters requiring such cooperation. ALTA Owner's Policy (gl17/06) w/New York coverage Endomement Appended (b) The Company may reasonably require the Insured'Claimant ~o submit to exami- nation under oath by any authorized representative oftbe Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be des- ignated by the authorized representative of the Company, all records, in whatever me- dium maintained, including books, ledgers, checks, memoranda, con'espondence, 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 rep- resentative of the Company, the Insured Claimant shall grant its permission, in writing, lbr 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 rea- sonablejudgment oftbe Company. it is necessary in the administration of the claim. Fail- ure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant peralission to secure reasonably necessary in- fi~rmatim~ l?om third parties as required in this subsection, unless prohibited by law or go~ crmncntaI regulation, shall terminate any liability of the Company under this policy as 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case ora 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 thorized 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 of the Company to the Insured under this policy, other than to make the payment required in this subscc{ioa, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the In- sured Claimant. 6) To pay or otherwise settle with other parties for or in the name ofan Insured Claimant any claim insured against under this policy. In addition, the Company will pay thorized by the Company up to the time of payment and that the Company is obligated to (ii) To pay or otherwise settle with the Insured Claimant the loss or damage pro- vided for under this policy, together with any costs, attorneys' fees, and expenses in- curred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated t~ pay. Upon the exercise by the Company of either of the options provided for in subsec- tions (b)(i) or (ii), the Company's obligations to the Insured under this policy for the eluding any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY rained or incurred by the Insured Claimant who has suffered loss or damage by reason of (a) The extent of liability ofthe Company for loss or damage under this policy shall (i) the Amount o f Insurance; or (ii) the difference between the value oftbe Title as insured and the value of the Title subject to the risk insured against by this policy. (b) I f the Company pursues its rights under Section 5 of these Conditions and is un- successful in establishing the Title, as insured, (i) the Amount of lnsurance shall be increased by 10%,and (ii) the Insured Claimant shall have the right to have the loss or damage deter- (c) [n addition to the extent o fliability under (a) and (b), the Company will also pay these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien or eh- Unmarketable Title, all as insured, in a reasonably diligent manner by any method, in- cluding litigation and the completion of any appeals, it shall have fully performed its ob- (b) [n the even{ 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 o f competent j ufisdietion, and disposition o f'all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF 2730632 (5/07) LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount oftbe payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENTOF LOSS When liability and the extent of loss or damage have been definitely fixed in accor- dance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent oftbe amount of any loss, costs, ailomeys' fees, and ex- penses paid by the Company. If 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, or seule 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 Claim- ant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indem- nities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation right& 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules oftbe Amefican Land Title Association ("Rules"). Except as provided in the Rules, there shall be no join- der or consolidation with claims or controversies of other persons. ArbiWable mailers may include, but are not limited to, any controversy or claim beiween thc 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 o f the transaction giving dsc to this policy. AIl 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 In- sured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, ifany, al{ached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim ofloss or damage that arises out ofthe status orthe Title or by any ac- tion asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authen- ticated 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 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 of Policy, or (iv) increase the Amount of Insur- ance. 16. SEVERABILITY In the event any provision or this policy, in whole or in part, is held invalid or unen- forceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and ef- fect. 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 therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance oftbe jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the 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 court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdietion. 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 Fidelity National Title Insurance Company, Attn: Claims Department, P. O. E~ox 45023, Jacksonville, Florida 32232-5023. ALTA Owner's Policy (6/17/06) w/New York coverage Endorsement Appended CLOSING STATEMENT MICHAEL M. PEKUNKA, BARBARA J. MARCZEWSKI and SANDRA M. RINEHART to TOWN OF SOUTHOLD Open Space - 10.38 acres Premises: 475 Pipes Neck Road, Greenport Part of SCTM #t000-53.-1-6 Closing held on Thumday, October 18, 2012 at 1:00 p.m., Southold Town Hall Annex Purchase Price of $550,000.00' (per contract) disbursed as follows: Payable to Michael M. Pekunka Check #115434 (10/9/2012) $ 183,333.34 Payable to Barbara J. Maczewski Check #115394 (10/9/2012) $ 183,333.33 Payable to Sandra M. Rinehart Check #115445 (10/9/2012) $ 183,333.33 $ 550,000.00* *eligible for awarded grant funding from NYS Office of Parks, Recreation and Historic Preservation - Environmental Protection Fund ($389,341.00) Expenses of Closing: Appraisals Payable to Given Associates, LLC Check ~97867 (9/2312008) Payable to Given Associates, LLC Check #111757 (10/11/2011) Payable to Lawrence Indimine Consulting Group Check #113211 (2128/2012) Survey Payable to John C. Ehlem Land Surveyor Check #114696 (7131/2012) $ 2,700.00 $ 2,300.00 $ 2,400.00 $ 2,500.00 Le.qal Description Readin~ls Payable to John C. Ehlers Land Surveyor Check #115567 (1012312012) $ 200.00** Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #114837 (8/14/2012) $ 1,050.00 Title Report Payable to Fidelity National Title Ins Co Check #115346 (10/912012) $ 2,721.00 Fee insurance Recording deed Certified copy of deed $ 2311.00 400.00 t0.00 Title Closer Attendance Fee Payable to Patricia Fallon C hec k #115345 ( 10/9/2012) $ 100.00 2011/12 Real Property Tax Reimbursement Payable to Michael M. Pekunka Check #115598 (10/23/2012) $ 52.70** Payable to Barbara J. Maczewski Check #115577 (10/23/2012) $ 52.71'* Payable to Sandra M. Rinehart Check #115609 (10/2312012) **not paid at time of closing $ 52.71'* $ 158.12'* Those present at Closing: Albert J. Krupski Mary C. Wilson, Esq. Michael M. Pekunka Anthony Palumbo, Esq. Barbara J. Marczewski Sandra M. Rinehart Daniel C. Ross, Esq. Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Deputy Supervisor Attorney for Town of Southold Seller Attorney for Seller Seller Seller Attorney for Sellers Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst TOWN OF SOUTHOLD VENDOR 016148 MICHAEL M. PEKUNKA 10/09/2012 CHECK 115434 FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT H2 .8686.2.000.000 12-454 101812 1/3 SHR 10.38ACR-PEKUNKA 183,333.34 TOTAL 183,333.34 TOWN OF SOUTHOLD VENDOR 013055 BARBARA J. MARCZEWSKI 10/09/2012 CHECK 115394 FUND & ACCOUNT H2 .8686.2.000.000 P.O.~ INVOICE 12-454 101812 DESCRIPTION AMOUNT 1/3 SHR 10.38ACR-PEKUNKA 183,333.33 TOTAL 183,333.33 TOWN OF SOUTHOLD VENDOR 018332 SANDRA M. RINEHART 10/09/2012 CHECK 115445 FI/ND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT H2 .8686.2.000.000 12-454 101812 1/3 SHR 10.38ACR-PEKUNKA 183,333.33 TOTAL 183,333.33 GIVEN AS S OC IAI E $ 548 Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631.360-3622 Bill To J Town of Southold P.O. Box 1179 Southold NY 11971-0959 Invoice Date J Invoice # 8/26/2008 J 601 Please make check payable to: GIVEN ASSOCIATES, LLC File No. Terms 2008247 Due upon Receipt Description Amount Appraisal of Pekunka, Michael, et al. Located 2,700.00 475 Pipes Neck Road Greenport, NY S.C.T.M. #1000-53-1-6 J DEPT OF LANO I PRESERVATION Thank you for your continued business. Balance Due $2,700.00 GIVEN TOWN OF $OUTHOLD VENDOR 007416 GIVEN ASSOCIATES LLC 09/23/2008 CHECK 97867 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 18893 601 APPRAISAL-PEKUNKA 2,700.00 TOTAL 2,700.00 ' _GIVEN 548 Route 111, Suite 200 Hauppauge, NY 11788 631-360-,3474 Fax 631-360-3622 Bill To ] Town of Southold P.O. Box 1179 Southold NY 11971-0959 Invoice 8/25/2011 1062 Please make cheek payable to: GIVEN ASSOCIATES, LLC File No. Terms 2011172 Due upon Receipt Description Amount Property of Pekunka, Michael, et al. Located 475 Pipes Neck Road, Greenport, NY S.C.T.M. #1000-53-1-6 2,300.00 -- PRESERVATION Thank you for your continued business. Balance Due $z3oo.oo EGIVEN TOWN OF SOUTHOLD VENDOR 007416 GIVEN ASSOCIATES LLC 10/11/2011 CHECK 111757 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION H3 .8660.2.500.200 22679 2011172 APPRAISAL - PEKUNKA ~ GRNPT TOTAL .~OUNT 2,300.00 2,300.00 Lawrence Indimine Consulting Corp. PO Box 1453 Smithtown, NY 11787 (631) 979-2735 Invoice Date Invoic~ # 2/8/2012 376 Bill To Town of Southold Depam'ncnt of Land Preservation POBox 1179 Southold, NY 11971A}959 Description Amount Appraisal of Real Property of Michael Pekunka, et al 2,400.00 Located 475 Pipes Neck Road, Greenpo~, NY SCTM #1000-53-l-part of 6 ~Filc #12017 FEB 9 2012 D£P1. OF LA~D , PRESERVATION · h~k you ro~ yo,~ b..i,,s. Total $2,400.00 TOWN OF SOUI'HOLD VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 02/28/2012 CHECK 113211 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 23466 376 APPRAISA. L-PEKUNKA PROP 2,400.00 TOTAL 2,400.00 JOHN C. EHLERS 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Date Invoice # 6/2~12 2OO7339 Bill To Town of Seuthold Office of Land Preserval~3n Town Hall Annex Southold, NY 11971 Your Client SCTM~ My Job # Date of Service Des~iplion Amount 6/28/2012 Current survey of approx. 11.3 acres owned by Pekunka er 2,500.00 JUN 2 9 2012 i OF. PT. OF I To~l ~2,5oo.oo Payments .~l~4~plled $o.oo Balance Due PLEASE MAKE CHECK OUT TO JOHN C. EHLERS: TOWN OF $OUTttOLD VENDOR· 005320 JOHN C. EHLEES 07/31/2012 CHECK 114696 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 -8660.2.600.100 23474 2007339 PEKUNKA SURVEY-GPdgpT 2,500.00 TOTAL 2,500.00 JOHN C. EHLERS 6 East Main Street Riverhead, NY 11901 STATEMENT I DATE ] INVOICE # 10/18/2012[ 2007381 Town of Southold Office of Land Preservation Southold, NY 11971 TAX MAP NUMBER MY JOB NUMBER 1000-53-1-6&7 12-135 DATE DESCRIPTION CHARGES BALANCE 10/18/2012 Metes and bounds descriptions of parcels in Re-Subdivision for 200.00 200.00 Pekunka, Marczewski and Rinehart - v~,EASE MAKE YOUR CHECK PAYABLE TO JOHN Ca EHLERS Total _ II 1 E-mail I Web Site ] jesurvey~optonline.net [ Iongislandlandsurveyor.com ] TOWN OF $OUTHOLD VENDOR 005320 JOHN C. E}ILERS FUND & ACCOUNT P.O.# INVOICE H3 .8660,2.600,100 23474 2007381 10/23/2012 CHECK 115567 DESCRIPTION AMOUNT PEKUNKA LEGA~ DESCRIPT. 200.00 TOTAL 200.00 Nelson Pope & Voorhis, LLC 572 Walt Whitman Road Melville, NY 11747 (63t) 427,-r~65 Melissa Spiro Town of Southold Dept of Land Pmserv Town Hall 53095 State Rt 25, PO Box 1179 Southoid, NY 11971 July 23, 2012 Project No: V12X062.001.000 Invoice No: 9050 Project .Manager Steven McGInn Project V12X062.001.000 475 Apes Neck Road, Greenpo~ Phase SA SiteAudit Task 1300 Phase I ESA Contract dated May 2, 2012 Item 1. Prepare Phase I Environmental Site Assessment Work Performed thru 7/2/12 Total Fee Percent Complete 1,050.00 100.00 Total Earned Previous Fee Billing Currerrt Fee Billing Total Fee 1,050.00 1,050.00 Total this Task 1,050.00 $1,050.00 Total this Phase $1,050.00 Total this Invoice $1,050.00 AN i~l'~lces a~e due riel 30 days. A late charge of 1% pe~ rnonlh wgl be added to ~y unpaid b~a~.e a~t~ 30 da~. TOWN OF $OUTHOLD VENDOR 014161 NELSON, POPE & VOORHIS, LLC 08/14/2012 CHECK 114837 FUND & ACCOUNT P.O. # INVOICE DESCRIPTION AMOUNT E3 .8660.2.600.100 23473 9050 PHASE I ESA-PEKUNKA TOTAL 1,050.00 1,050.00 FIDELITY NATIONAL TITLE INSURANCE COMPANY 24 Commerce Drive, Rtverhead, New York 11901 631-727-0600 fax §31-727-0606 ~o. ~/.~. ~-~o~,~,~'. ~,~ /~//~)~ CLOSER CHARGES, IF ANY: PICK-UP FEE: OTHER: TOWN OF $OUTHOLD VENDOR 006182 FIDELITY NATIONAL TITLE INS 'Co 10/09/2012 CHECK 115346 FUND & ACCOUNT H2 .8686.2.000.000 H2 .8686.2.000.000 H2 .8~86.2.000.000 P. O. ~ INVOICE DESCRIPTION 12-454 7404-86092 12-454 7404-86092 12-454 7404-86092 AMOUNT TITLE INS POLCY-PEKUNKA 2,311.00 RECORDING DEED-PEKUNKA 400.00 CRT CPY REC DEED-PEKUNKA 10.00 TOTAL 2,721.00 TOWN OF $OUTHOLD VENDOR 006013 PATRICIA FALLON FUND & ACCOUNT P.O. ~ INVOICE H2 .8686.2.000.000 12-454 7404-86092 10/09/2012 CHECK D~$CRIPTION TITLE CLOSE-PEKUNKA TOTAL 115345 AMOUNT 100.00 100.00 TOWN OF SOUTHOLD V~NDOR 816148 MICHAEL M. PEKUNKA ~0ND & ACCOUNT P.O. # INVOICE H2 .8686.2.000.000 12-454 101812A 10/23/2012 CHECK 115598 DESCRIPTION A~OUNT RIM 1/3 SHA~E PROP TAX 52.70 TOTAL 52.70 TOWN OF $OUTHOLD VENDOR 013055 BARBARA J. MARCZI~WSKI 10/23/2012 CHECK 115577 FUND & ACCOUNT P. O. # INVOICE DESCRIPTION AMOUNT R2 .8686.2.000.000 12-454 101812A REIM 1/3 S~L~RE PROP T~2( 52. ?1 ~T;~ 52.71 TOI4W OF $OUTHOLD VI3NDOR 018332 SANDRA M. RINEHART FUND & ACCOUNT P.O. # INVOICE H2 .8686.2.000.000 12-454 101812A 10/23/2012 CHECK 115609 DESCRIPTION AMOUNT REIM 1/3 S~ARE PROP TAX 52.71 TOTAL 52.71 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa, spiro@town.southold.ny.us Telephone (631 ) 765-571 I Facsimile (631 ) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Rd & Youngs Ave) Southold, 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 Public Works Peconic Land Trust Suffolk Co Division of Real Estate Tax Assessors Building Department Data Processing Town Comptroller Planning Board Trustees The Nature Conservancy Melissa Spiro, Land Preservation Coordinator October22,2012 PEKUNKA to TOWN OF SOUTHOLD Part of SCTM #1000-53.-1-6 Open Space Acquisition Please be advised that the Town of Southold has acquired fee title to the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 475 Pipes Neck Road, Greenport SCTM #: part of 1000-53.-1-6 PROPERTY OWNERS: Michael M. Pekunka, Barbara J. Marczewski and Sandra M. Rinehart CONTRACT DATE: June 5, 2012 PURCHASE DATE: Closing took place October 18, 2012 PURCHASE PRICE: $ 550,000.00 (fee title) OPEN SPACE: 10.38 acres FUNDING: Community Preservation Funds AWARDED GRANT: $389,341.00 from NYS Office of Parks, Recreation and Historic Preservation - Environmental Protection Fund MISCELLANEOUS: Property is located within Pipes Cove Watershed Area wherein the Town and other partners have preserved hundreds of acres. Property contains significant wetland areas.