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Home My WebLink AboutL 12717 P 623SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 12 Receipt N-mher : 13-0006525 TRANSFER TAX NUMBER: 12-13270 District: 1001 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 007.00 05.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $60.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert.Copies $0.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 12-13270 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 01/16/2013 03:57:17 PM D00012717 623 Lot: 019.000 $20 00 $15 oo $250 00 $0 00 $60 oo $0 00 $420 00 Exempt NO NO NO NO NO NO Number of page''j/ This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDEO 20~3 Jan 16 0S:57:i7 PM JUDITH fl. PfSCflLE CLERK OF SUFFOLK COUNTY L D00012717 P 625 DT~ 12-1~270 Deed/Mortgagelnstrument Deed/MortgageTax Stamp I Recording/Filing Stamps 3 J FEES Page t Filing Fee 1 ~(~ Handling 20. 00 TP-584 5 Notation EA-52 17 (County) LA-5217 (Stat e) R.P.T.S.A. Comm. of Ed. 5. O0 Affidavit Certified Copy NYS Surcharge 15. 00 Other 4 JOist. lflnli(=r*~ 12030934 ~oo~ Real Property Tax Service Agency Verification SatisfacL 6 8 Sub Total Sub Total Grand Total 00700 0500 019000 ' RECORD & RETURN TO: Kimberly Quarry Peconic Land Trust, Incorporated P.O, Box 1776 296 Hampton Road Southampton. New York l 1969 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./As$it. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointm~ en~,~7 Transfer Tax ,(~ Mansion Tax The property covered by this mortgage is or will be improved by a one o[ two family dwelling only. YES or NO I If NO, see appropriate tax clause on 5 ] Commu;;ty Prese/rvat,ol Fund' Consideration Amount CPF Tax Due $ ¢ TD Mail to: Judith A. Pascale, Suffolk County Clerk I 7 I 310 Center Drive, Riverhead, NY 11901IC°'Name www.s uffo ~kcou ntyny.g or/clerk I ~ Title Company Information First American Title Ins. Co, NCS-421056-HOUI Suffolk County Recording & Endorsement Page This page forms part of the attached by: ExxonMobil Oil Corporation Special Warranty Deed (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In theTOWN of Southold Peconic Land Trust, Incorporated In the VILLAGE or HAMLETof Greenport BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) SPECIAL WARRANTY DEED This indenture, a Special Warrant), Deed ("Deed"), is made the ~'{K' day of ~_,~~ ,2012, between ExxonMobil Oil Corporation, a corporation of the State of New York, successor in interest of Standard Oil Company of New York, with a place of business at 3225 Gallows Road, Fairfax, Virginia 22037 ("Grantor"), and Peeonic Land Trust, Incorporated, a not-for-profit corporation of the State of New York, with an address of 296 Hampton Road, P.O. Box 1776, Southampton, New York 11969 ("Grantee"). WITNESSETH, that the Grantor, in consideration of One and 00/100 Dollar ($1.00), together with other good and valuable consideration, paid by the Grantee, hereby grants and releases unto the Grantee, and the successors and assigns of the Grantee, forever: ALL THAT TRACT OR PARCEL OF LAND (the "Property"), situated in the Village of Greenport, Town of Southold, County of Suffolk and State of New York, and as more particularly described on the attached SCHEDULE A, which schedule is incorporated into and made a part of this Deed. SUBJECT to easements, covenants and restrictions of record, if any, including, but not limited to, a Conservation Easement granted to the Town of Southold, a municipal corporation of the State of New York (the "Conservation Easement"), and any and all other rights or encumbrances on the Property which are evident by an inspection of the Property, an accurate survey and/or a review of the public record. ALSO SUBJECT to a right of re-entry by the Grantor as follows: Grantor shall have the right to initiate a proposal for and to perform and/or engage in or contract with others to perform and/or engage in any and all types of restoration, remediation, and/or mitigation (including approved or required restoration) on the Property, provided that such activity shall be conducted in accordance with the Conservation Purposes and other terms and conditions of the Conservation Easement and subject to reasonable requests for insurance and written consent by Grantee which shall not be unreasonably withheld. This right will remain reserved solely for Grantor, subsequent to any divestment of interest in the Property. Grantor's re-entry, and the activities described above, shall be Forever without rent, fee or cost. Grantor agrees for itself and its representatives, agents, contractors and invitees that, in connection with all work permitted under this section, they shall (1) perform all work in a diligent, expeditious and safe manner; (2) not allow any hazardous rnaterials to be released onto the Property nor allow any dangerous or hazardous condition to continue beyond the completion of the work pemfitted under this section; (3) comply with all applicable laws and governmental regulations; and (4) keep the Property free and clear of all mechanics' and materialmen's liens and other liens arising out of the entry or work performed under this section by Grantor, its representatives, agents, contractors and invitees. After any entry, Grantor shall immediately restore or repair any damage to the Property to substantially the same condition as it was in before Grantor entered the Property. Grantor shall indemnify, defend (with counsel reasonably acceptable to Grantee) and hold harmless Grantee and its members, directors, officers, employees, legal representatives, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively, including Grantee, the "Grantee Indemnified Parties") from and against any and all Claims (as defined below) arising from or relating to the entry on the Property by Grantor, its representatives, agents, contractors or invitees. BEING AND INTENDED TO BE THE SAME PROPERTY described in a deed dated June 17, 1924, from Violet Q. Downs and the Suffolk County Trust Company as Executors and Trustees under the Last Will and Testament of Ferdinend F. Downs, et al., to the Grantor herein and recorded in the Suffolk County Clerk's Office in Deed Liber 1103 at cp 210, and a deed dated November 12, 1928, from Emily H. Durkee to Grantor herein and recorded in the Suffolk County Clerk's Office in Deed Liber 1309 at cp 405. Together with the appurtenances and all the estate and rights of the Grantor in and to said Property. To have and to hold the Properly herein granted unto the Grantee, and the successors and assigns of the Grantee, forever. In compliance with Section 13 of the New York Lien Law, the Grantor hereby covenants that the Grantor will receive and will hold the right to receive the consideration for this Deed as a trust fired, and will apply tim same first to the payment of any unpaid costs of any improvements to the Property previously made by the Grantor before using any part of such consideration for any other purpose. And the Grantor covenants that it has not done or suffered anything whereby the said Property has been encumbered in any way whatsoever except for the grant of a Conservation Easement to the Town of Southold by Grantor, but not otherwise. "AS-IS" Conveyance. No Warranties. As a material part of the consideration for this Deed, Grantor and Grantee acknowledge and agree that there is no warranty by Grantor that the Property (or any part thereof) has a particular financial value, is merchantable or is fit for a particular purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, agreement, inducernent or other assertion with respect to the condition of the Property (to include, without limitation, the environmental or physical condition) other than those expressly contained herein, but is relying solely on Grantee's examination of the Property. Grantee takes the Property with the express understanding and stipulation that there are no express or implied warranties or representations by Grantor of any kind other than those expressly contained herein, and Grantor hereby disclaims any warranties, whether express or implied, oral or written other than those expressly contained herein. Grantee's acceptance of the Property is at the sole risk and liability of Grantee with respect to (i) the present status and condition of the Property, except as otherwise expressly provided herein, including but not limited to as provided in the retention of responsibility paragraph set forth below; and (ii) the merchantability, suitability, fitness or acceptability of the Property for Grantee's purposes. Further, Grantee acknowledges and stipulates that it has had access to the Property pr!or to the Effective Date (as defined below) hereof to conduct its own investigation and assessment and is well aware of the condition of the Property. Release of Claims. Except to enforce the terms set forth in this Deed (including but not limited to any indemnification provision) and except as otherwise expressly provided herein, Grantee, for itself and its successors and assigns, (i) agrees and covenants not to sue Grantor's Related Parties (as defined below) for any and all Claims (as defined below) (other than for those Claims expressly provided for herein), and (ii) agrees to acquit, release and forever discharge Grantor's Related Parties from any and all Claims (other than for those Claims expressly provided for herein), in both cases, that arise out of or relate to, in any way, the condition, ownership, use, maintenance or operation of the Property at any time, whether before, on or after lhe Effective Date hereof, no matler how or when caused, whether known or unkrtown, Il'mt are asserted or made by any person or entity, whether public or private, under any Law. As used in this Deed, the term "Law" shall rnean any statute, law, rule, regulation or ordinance, whether federal, state or local, whether at law or equity, whether by statute, common law, administrative or regulatory proceeding or otherwise, whether based on the negligence, gross negligence, strict liability, willful misconduct or other conduct of any party hereto or otherwise, relating to (i) the environment, hazardous substances, materials, or waste, toxic substances, pollutants (or words or similar import), or (ii) environmental conditions at, on, under, or originating or migrating from the Property, or (iii) soil, water and groundwater conditions, to include, without limitation and by way of example only, the Comprehensive Environmental Response, Compensation, and Liability Act, the Resource Conservation and Recovery Act, the Clean Air Act, the Toxic Substances Control Act, the Federal Water Pollution Control Act, the Federal Hazardous Materials Transportation Act, the Safe Drinking Water Act, and the Clean Water Act, or similar or counterpart state statutes. As used in this Deed, the term "Claims" shall mean any and all losses, damages, claims, causes of action, cross-claims, counterclaims, rights of contribution or inde~nnity, rights of reimbursement, liens, suits, liabilities, demands, payments, expenses, costs and fees, to include, without limitation and by way of example only, attorneys' and expert witness fees, court costs, civil or criminal penalties or fines, taxes and any other charges of any kind or nature whatsoever. The term "Grantor's Related Parties" shall include Grantor, its parent, affiliates, subsidiaries, employees, officers, directors and agents and all their respective representatives, successors and assigns. Grantee hereby specifically acknowledges that Grantee has carefully reviewed this Release of Claims and has discussed its import with its legal counsel and that the provisions of this Release of Claims constitute a material part of the consideration provided by Grantee to induce Grantor to convey title to the Property to the Grantee. Any provision of this Release of Claims, which is determined to be invalid or unenforceable by a court of competent jurisdiction, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that the court determines will make it enforceable and effective. Any provision of this Release of Claims, which is detemfined to be invalid or unenforceable by a court of competent jurisdiction and which cannot be reduced or limited by the court so as to be enforceable, shall be severed fi'om the other provisions, which other provisions shall remain enforceable and effective. Assumption of Responsibility' and Indemnity. Except as otherwise expressly provided herein, Grantee, for itself' and its successors and assigns, assumes, undertakes, accepts, and agrees to indenmify, defend (with counsel reasonably acceptable to Grantor), and hold harmless Grantor's Related Parties from and against any and all responsibilities, obligations, risks, liabilities, and Claims, if any, for (i) the environmental and/or physical condition of the Property, whether known or unknown, arising under or related to any Law, and which was caused, created or set in place on or after the Effective Date hereof; (ii) the assessment, remediation, removal, transportation, disposal, treatment or other disposition of any and all wastes, materials and substances in, on or under the Property, which are related to or arising from the Property, and which were caused, created or set in place on or after the Effective Date hereof, whether hazardous or not, that is or may be required under any Law; and (iii) any and all third-party Claims arising out of or related to any facts or circumstances with respect to the period after the Effective Date hereof, except to the extent any such Claim is caused by the negligence or willful misconduct of any of Grantor's Related Parties. Retention of Responsibility and Indemnity. Grantor, for itself and its successors and assigns, retains, and agrees to indemnify, defend (with counsel reasonably acceptable to Grantee), and hold harmless the Grantee Indemnified Parties from and against any and all responsibilities, obligations, risks, liabilities, and Claims, if any, for (i) the environmental and/or physical condition of the Property, whether known or unknown, no matter how caused, arising under or related to any Law, and which was caused, created or set in place prior to the Effective Date hereof; (ii) the assessment, remediation, removal, transportation, disposal, treatment or other disposition of any and all wastes, materials and substances in, on or under the Property, which are related to or arising from the Property and which were caused, created or set in place prior to-the Effective Date hereof, whether hazardous or not, that is or may be required under any Law; and (iii) any and alt third-party Claims arising out of or related to any facts or circumstances with respect to the period prior to the Effective Date hereof, except to the extent arty such Claim is caused by the negligence or willful misconduct of any of Grantee Indemnified Parties. Grantor shall have no responsibility to investigate the physical or environmental cor~dition of the Property, and Grantor makes no representations or warranties with regard thereto. For purposes of this Deed, the Effective Date hereof shall be the date and time this Deed is recorded in official public records of Suffolk County, New York. 1N WITNESS WHEREOF, the Grantor has executed this Special Warranty Deed the day and year first above ~vritten. Acknowledgement outside New York State (RPL 309-b) Grantor, by its execution hereof, acknowledges and agrees to be bound by the conditions set forth herein, all of which shall be binding upon Grantor and its successors or assigns. GRANTOR: EXXONMOBIL OIL CORPORATION By: __~ Name: R.A. Parker Title: Agent and Attorney-in-Fact Pursuant to that certain power of attorney instrument dated April 11, 2012, attached hereto, R.A. Parker's signature hereof is the act and deed of said corporation. STATE OF TEXAS ) )SS.' COUNTY OF HARRIS ) On the ~0'1~ day of ]OOV appeared ~ . ¢. ¢Ccr k6r- .... ., 2012 before me, the undersigned, personally ............ 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/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the City of Houston and the State of Texas. Acknowledgement in New York State (RPL 309-a) Grantee joins in the execution hereof to evidence that it acknowledges and agrees to be bound by the conditions set forth herein, all of which shall be binding upon Grantee and its successors or assigns. GRANTEE: PECONIC LAND TRUST, INCORPORATED By: Namd~ Title: STATE OF NEW YORK ) COUNTY OF~.~ Ll,~d I ~-, )ss.: ) Onthe 2C{d**' dayof ~(}~0'IJ21~F'- ,20 [2.. beforeme, the undersigned, personally appeared J ~ ~/1 t/. ~lf. /---~--g.[ ~.] , personally known to proved me or 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/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 8 SCHEDULE A To Special Warranty Deed from EXXONMOBIL OIL CORPORATION, as Grantor, to PECONIC LAND TRUST, INCORPORATED, as Grantee PROPERTY DESCRIPTION PARCEL 1 (NORTHERLY PORTION OF PROPERTY) ALL THAT LOT OR PARCEL OF LAND, IN THE VILLAGE OF GREENPORT, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING CONVEYED STREETS, AT THE NORTHWESTERLY CORNER OF THE PROPERTY BEING THE SOUTHEASTERLY CORNER OF FOURTH AND CLARK THENCE IN AN EASTERLY DIRECTION BY AND ALONG CLARK STREET TO GREENPORT HARBOR AT ORDINARY HIGHWATER MARK, THENCE IN A SOUTHERLY DIRECTION BY AND ALONG SAID ORDINARY HGHWATER MARK TO LAND NOW OR FORMERLY EMILY DURKEE, THENCE tN A WESTERLY DIRECTION BY AND ALONG LAND NOW OR FORMERLY OF EMILY DURKEE, TO THE EASTERLY SIDE OF FOURTH STREET, THENCE IN A NORTHERLY DIRECTION BY AND ALONG FOURTH STREET TO THE POINT OR PLACE OF BEGINNING. PARCEL 2 (SOUTHERLY PORTION OF PREMISES) ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE VILLAGE OF GREENPORT, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF FOURTH STREET, DESIGNATED BY A STAKE DRIVEN IN THE GROUND AND DISTANT THREE HUNDRED AND FIFTY (350) FEET SOUTHERLY FROM THE INTERSECTION OF THE SOUTHERLY LINE OF CLARK STREET WITH THE EASTERLY LINE OF SAID FOURTH STREET AND RUNNING THENCE EASTERLY ON A LINE PARALLEL WITH THE SOUTHERLY LINE OF CLARK STREET ONE HUNDRED AND NINETY TWO (192) FEET TO A STAKE LOCATED AT ORDINARY HIGHWATER MARK OF PECONIC BAY, THENCE FOLLOWING ORDINARY HIGHWATER MARK OF THE SHORE OF PECONIC BAY IN A GENERAL SOUTHWESTERLY DIRECTION TO ANOTHER STAKE LOCATED ON THE EASTERLY LINE OF FOURTH STREET AND DISTANT ONE HUNDRED AND THIRTY TWO (132) FEET SOUTHERLY FROM THE POINT OF BEGINNING, AND THENCE NORTHERLY ALONG THE EASTERLY LINE OF FOURTH STREET ONE HUNDRED AND THIRTY TWO (132) FEET TO THE POINT OF BEGINNING. l0 POW]tR OF A~ORNEY EXXONMOn~ Op. COIU'ORATtOr~, A NEW YORI~ CORPORATION (the "Company") having offi~ in Houston, T~s, hereby nominat~ consfitmes, and appoints R. A. Psrker as Ag,.nt and Aemmey-in=Fa~t of th~' Comply for pm'poses of executing and dolivering inmrummats and documerem as mor~ pm-ficularly described b~10w and does h~e.~ grant~ deleting, and invmst sa~d individual with power and amhorlty to execute and deliver for, in the marne, ~d on behalf of the Company and in c, ormection with the business and aft~airs of fire 'Company, in~-xtmenta and documeaaz of any and evecy nature. This includes, bat not by way of limitation, insirmnents pledgi.'ng the credit of tim Comp.any, guaranties, affidavits, governmental documents, bid_% contracts, deeds of conveyance, encumbamces, lea.sex, xeleases, discharges of mortgages or deeds of frus~ assignments, transfe~ of leasehold eztat~ and/or othm- intm-e~ts in real and/or, personal proim'ty, and any other in.~mument or docum~t as may bc required or d~slrcd in the condu~t of thc b~sioess cf the Company. whether similar.or dissimilar to the foregoing, F_.Xc'm~ the following: Any mortgage, assignm~mt, conveyance, or release to any third party of any oil, gas, and/or mineral lea~e or any other interest in oil, gas, and/or mincrals which is severed fiutu-the surface and which is owned by or leased to the Company. Any ffmaneial guaranty or any instrummt or document authorizing; permitting, or evidencing the borrowing of money from ~ny person or entity. Any L~strument or docum~.t delegating the power ~nd mahority conferred h~rein to ex.:ute mid deliver im'tnunents or documents. All authority granted, delegated, and invested by this Power of Attorney shall be effective boginaing ~ of April 18, 2012, and shall expLm on April 18, 2015, and .sl~atl ha. ye the same force md effeat as though special authofi, ty were grarJl~ by the Company to the named Agent and Attorney-in-Fact to execute and deliver each such instrument o.r document separately for each and every such instrument or docrrr, emt so executed and deliveTed. Executed on April [ , 2012. ST^~Or~ § CouNtY o~ I-~ts § Lrgn-eo S?ATES OF ~ ~ ~s ~ent w~ a~nowl~ ~m me on April 1~ 20 !~ by B. W. ~tm~ Vi~ P~si~ of~obil Oil ~mtio~ a N~ Yo~ion, on be~lf o~ald ~fi~. {~ ~mm~on ~xp~t,~ I[ ~'Publim S~ of Te~s t IN STRUCTIONS(RP-5217-PDF-INS): www.orps, state.ny.us FOR COUNTY USE ONLY · ~ New Yed; State Depadment of c'~.-.w~.¢o.o I~, ~ '--'~, ~,, ~,, / I iax.,tlon and Finance cz. Dm Dud Re=ord,d I O ! / /~' //~,~ I Real Property Tax Sewices RP- 5217-PDF PROPERTY INFORMATION 1. Pmpen'y ~'O~'t:h ST."eec 2. Buyer Name Sou:hold Groenport Pecon [c Land ?ruse, }ncorporated 11944 3. 'rix Biffing S. O44d -- -- ,~ -- c)P~ · 0 4B. Subd~visio~ Approval was Requ~'ed for Transfer Siza 4¢. Pa~l App~ for 8u~is~ w~ Map ~d~ ExxonHobil Oil Oorooration [] C] [3 Vacant Land (;hick the baJ~la balQw Ils they apply: 8. Omlemhip l~pe i,, Condominium [] ISALE INFORMATIONI ! 1. Sale Contract Date · .. o.,0 o, s....',...,., 12-'~ ?- 2~rZ- '13. Full Safe Price 0 .O0 lB. Clt~k oas or mtom of mole condltlone &a applk:lble to tranatAr: I I E. Deed Type not Wm'ranly,or BBl'~am aiIcI Sa~ (Slfl~,Jl~ Bo'.ow! I I I. C)~er Unugu~J FKtors AI~cti~o Sale Pnce (SpeOfy BElow) Commantra) off CondlUon: 14. Indicate the Ylllle of pamonal0 propeKif Included in the sale IASSESSMENT INFORMATION · Data should reflect the latest Final Assessment Roll and Tax Bill I I 1S. Year of Asal~ament Roll from w'nlc h tnfomtatlon tiken(YY) '17. TotAl ASSalald Valul~ '20. Tax Map IdffnTIfleK$1fl~oll IdenUfieffa) (If mgm ~ln ~ar. I~Ch IhW ~ ~dltlofl ii IdengfleKi)) !00i-7-5-19 CERTIFICATION I -e~LLER BIG NA.T..URG ExxonMobil O~l~Co~pora tion John v.H. ~alsey, President .......................... _ BUYER COMTACT IHFO~,~T, IOK Quarcy Kimberly (631] 283-3195 P.(~, Box ;.776 S0uchampLon, NY 11969 BUYER'S AITORNEY ?uths Susan ,'63:.) 2,~7-C018