HomeMy WebLinkAboutTurner 1000-35.-2-1, 35.-2-11 •._ v y
Southold Town Board - Letter Board Meeting of August 15, 2023
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RESOLUTION 2023-721 Item # 6.46
ADOPTED DOC ID: 19379
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-721 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 15, 2023:
WHEREAS, on December 6, 2019, William A. King and Mary Pacinda-Turner as the Executrix
of the Estate of Robert Turner ("Sellers") and the Town of Southold executed a Deed of
Conservation Easement for purchase of a Conservation Easement on all or part of the properties
identified as SCTM # 1000-35.-2-1 and SCTM# 1000-35.-2-11; and
WHEREAS, after the Deed of Conservation Easement was recorded at the Suffolk County
Clerk's Office, the Sellers requested the filing of an Amendment of Deed of Conservation
Easement, in order to assure Sellers' compliance with relevant IRS tax code provisions relating
to conservation easements;
WHEREAS, the requested changes only relate to compliance with the IRS code provisions and
do not materially alter the Deed_of Conservation Easement; and
WHEREAS, the requested changes comply with the requirements for amendment as set forth in
Section 9.03 (Limitations on Amendment) of the recorded Deed of Conservation Easement; and
WHEREAS, Section 9.03 (Limitations on Amendment) of the recorded Deed of Conservation
Easement permits amendments to the Deed of Conservation Easement to entitle the Sellers to
meet the requirements of Internal Revenue Code Section 170(h); and
WHEREAS,the Town has agreed to the requested changes as they relate to compliance with the
IRS Section 170(h); now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold hereby authorizes Supervisor
Scott A. Russell to sign any and all documents necessary for the filing of the Amendment of
Deed of Conservation Easement which shall be recorded at no cost to the Town, subject to the
approval of the Town's retained Legal Counsel.
;��r
Denis Noncarrow
Southold Town Clerk
Generated August 16, 2023 Page 73
Southold Town Board - Letter Board Meeting of August 15, 2023
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sarah E. Nappa, Councilwoman
SECONDER:Brian O. Mealy, Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
Generated August 16, 2023 Page 74
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SOUTHOLD TOWN CLERKlynda.rudder@town.southold.ny.us
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LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that
pursuant to Section 9.03
(Limitations on Amendment) of the
Deed of Conservation Easement
recorded on December 19, 20197
the Town Board of the Town of
Southold hereby sets Tuesday.
August 15, 2023 at 7:00 p.m., at
Southold Town Hall, 53095 Main
Road, Southold, New York, as the
time and place for a public
hearing for the Amendment of
Deed of Conservation Easement
on properties owned by William
King and the Estate of Robert
Turner. as Tenants in Common.
NOTICE IS HEREBY FURTHER
GIVEN that the above-mentioned
recorded Deed of Conservation
Easement is on file in the Land
Preservation Department, Southold
Town Hall Annex, 54375 NYS Route
25, Southold, New York, and may
be examined by any interested
person during business hours.
The full description of this Legal
Notice can be found on the
Southold Town website
www.southoldtownny.gov or by
contacting the Town Clerk's Office.
BY ORDER OF THE SOUTHOLD
TOWN BOARD ,
Dated: July 18, 2023
Denis Noncarrow
Town Clerk
w
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to Section 9.03 (Limitations on Amendment) of
the Deed of Conservation Easement recorded on December 19, 2019, the Town Board of the,
Town of Southold hereby sets Tuesdav,August 15,2023 at 7:00 mm., at Southold Town Hall,
53095 Main Road, Southold,New York, as the time and place for a public hearinu for the
Amendment of Deed of Conservation Easement on properties owned by William KinS and
the Estate of Robert Turner, as Tenants in Common.
RESOLVED,that Notice is hereby given that the above-mentioned recorded Deed of
Conservation Easement is on file in the Land Preservation Department, Southold Town Hall
Annex, 54375 NYS Route 25, Southold,New York, and may be examined by any interested
person during business hours.
The proposed "Amendment of Deed of Conservation Easement" reads as follows:
AMENDMENT OF DEED OF CONSERVATION EASEMENT
THIS AMENDMENT OF DEED OF CONSERVATION EASEMENT (hereinafter,
the "Amendment") is entered into by and among MARY PACINDA TURNER, as Executrix of
the Last Will and Testament of ROBERT TURNER, and WILLIAM KING, hereinafter
collectively referred to as "Donor"; MARY PACINDA TURNER individually, with an address
of 525 King Street, Orient,NY 11957, and WILLIAM KING, with an address of 33 lst Street,
Webster, MA 01570, hereinafter collectively referred to as "Grantor", and TOWN OF
SOUTHOLD, a municipal corporation with offices at 54375 Main Road, Southold,NY 11971
(hereinafter referred to as "Grantee", to amend the Deed of Conservation Easement recorded on
and effective as of December 19, 2019, with the Office of the Clerk of Suffolk County,New
York,under Liber D00013040, Page 087 (the "Easement"). This Amendment is made and
entered into in perpetuity and exclusively for conservation purposes.
RECITALS
WHEREAS, Donor granted the Easement to Grantee over certain real property identified in the
Easement as the Protected Area("Protected Area"), the legal description of which is attached
hereto as Schedule A and identified on the Suffolk County Tax Map as 1000-035.00-02.00-
001.000 and 1000-035.00-02.00-011.000; and
WHEREAS, PRIOR to the recording of the Easement and pursuant to the provisions of the Last
Will and Testament of ROBERT TURNER, his interest in the Protected Area passed to his
surviving spouse, MARY PACINDA TURNER; and
WHEREAS, said MARY PACINDA TURNER and said WILLIAM KING are accordingly
hereinafter collectively referred to as Grantor; and
WHEREAS, Grantor is the present owner of the underlying fee interest in the Protected Area and
Grantee is the present holder of the Easement; and
WHEREAS, on or about April 24, 2023,the U.S. Treasury Department and Internal Revenue
Service issued Notice 2023-30 (the "Notice"), which sets forth the safe harbor deed language for
extinguishment and boundary line adjustment clauses required by § 605(d)(1) of the SECURE
2.0 Act of 2022 (the "SECURE 2.0 Act"), enacted as Division T of the.Consolidated
Appropriations Act, 2023, Public Law 117-328, 136 Stat. 4459 (December 29, 2022); and
WHEREAS, Grantor and Grantee desire to amend the Easement to include certain aspects of the
safe harbor language for the corresponding language in the Easement, as provided by § 605(d)(2)
of the SECURE 2.0 Act.
Based on these Recitals and the mutual and valuable consideration provided to each by this
Amendment, Grantor and Grantee AGREE as follows:
TERMS
1. BOUNDARY LINE ADJUSTMENTS.
Section 7.02 of the Easement is amended by adding the following additional sentences at the
conclusion thereof:
"Notwithstanding any other provision of the Easement and pursuant to Notice 2023-30, and in
addition to any requirement of a public hearing under Section 9.03(B) (Limitations on
Amendment) of the Easement, Grantor and Grantee agree that boundary line adjustments to the
Protected Area subject to the restrictions may be made only pursuant to a judicial proceeding to
resolve a bona fide dispute regarding a boundary line's location. A boundary line adjustment
shall not be interpreted as synonymous with or otherwise preclude a lot line modification or
subdivision as described in this Section and defined by the,Town Code of the Town of
Southold."
2. NO LIENS.
Grantor represents that as of the effective date of this Amendment there are no liens or
mortgages outstanding against the Protected Area.
3. LIMITED EFFECT.
Except as amended hereby, all terms and conditions of the Easement, including but not limited to
all Exhibits and Schedules thereto, remain in full force and effect. In the event of a conflict
between the terms of the Easement and this Amendment, the terms of this Amendment shall
prevail.
4. GOVERNING LAW. This Amendment shall be governed by the law of the State of New
York.
5. EFFECTIVE DATE OF AMENDMENT. This Amendment shall be effective when Grantor
and Grantee have executed it and it has been recorded in the Office of the Clerk of Suffolk
County, New York. For,purposes of the Notice and the SECURE 2.0 ACT, this Amendment
shall be effective as of December 19, 2022.
6. COUNTERPARTS; AUTHORITY. This Amendment may be executed in multiple
counterparts, each of which when assembled to include an original signature for each part to this
Amendment shall constitute a complete and fully executed original. Each signatory to this
Amendment represents and warrants that he or she is duly authorized to enter into and execute
this Amendment and to legally bind the party that he or she represents.
7. NO GOODS OR SERVICES. No goods or services or other consideration were provided by
the Grantee to the Grantor in exchange for the grant of this Amendment.
IN WITNESS WHEREOF Donor and Grantor and Grantee have caused this AMENDMENT
OF DEED OF CONSERVATION EASEMENT to be executed by persons duly authorized to
execute the same.
BY ORDER OF THE SOUTHOLD TOWN BOARD
Dated: July 18, 2023
Denis Noncarrow
Town Clerk
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Denis Noncarrow,Town Clerk of the Town of Southold, New York being duly sworn,
says that on the 21sT day of July , 2023, a notice of which the annexed printed
notice is a true copy was affixed, in a proper and substantial manner, in a most public
place in the Town of Southold, Suffolk County,New York,to wit: Town Clerk's
Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website,
www.southoldtownny.gov .
PH 8/15 7:00 pm—King Trust Amendment of deed of Con rvat'on Ease ent--
P/nisbionc,arro
Southold Town Clerk
Sworn before me this
2111 day of J 2023.
fy)
Notary Public
LYNDA M. RUDDER
Notary Public, State of New York
No. 01 RU6020932
Qualified in Suffolk County
Commission Expires March 8,20-2—
Southold Town Board - Letter Board Meeting of July 18, 2023
RESOLUTION 2023-658 Item# 5.40
y�0a ADOPTED DOC ID: 19356
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-658 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 18, 2023:
WHEREAS, on December 6, 2019, William A. King and Mary Pacinda Turner as the Executrix
of the Estate of Robert Turner, as Tenants in Common ("Sellers") and the Town of Southold
executed a Deed of Conservation Easement for purchase of development rights via a recreation
easement on all or part of the properties identified as SCTM# 1000-35.-2-1 and SCTM # 1000-
35.-2-11 with addresses 3365 and 5025 NYS Route 25,respectively, in Greenport.; and
WHEREAS, after the Deed of Conservation Easement was recorded at the Suffolk County
Clerk's Office, the Sellers requested the filing of an Amendment of Deed of Conservation
Easement, in order to assure Sellers' compliance with relevant IRS tax code provisions relating
to conservation easements;
WHEREAS, Section 9.03 (Limitations on Amendment) of the recorded Deed of Conservation
Easement permits amendments to the Easement to entitle the Grantors to meet the requirements
of Internal Revenue Code Section 170(h); now, therefore, be it
RESOLVED that pursuant to Section 9.03 (Limitations on Amendment) of the Deed of
Conservation Easement recorded on December 19, 2019, the Town Board 'of the Town of
Southold hereby sets Tuesday, August 15, 2023 at 7:00 p.m., at Southold Town Hall, 53095
Main Road, Southold, New York, as the time and place for a public hearing for the
Amendment of Deed of Conservation Easement on properties owned by William King and
the Estate of Robert Turner, as Tenants in Common.
i
RESOLVED,that Notice is hereby given that the above-mentioned recorded Deed of
Conservation Easement is on file in the Land Preservation Department, Southold Town Hall
Annex, 54375 NYS Route 25, Southold,New York, and may be examined by any interested
person during business hours.
The proposed "Amendment of Deed of Conservation Easement" reads as follows:
AMENDMENT OF DEED OF CONSERVATION EASEMENT
THIS AMENDMENT OF DEED OF CONSERVATION EASEMENT (hereinafter,
the "Amendment") is entered into by and among MARY PACINDA TURNER, as Executrix of
the Last Will and Testament of ROBERT TURNER, and WILLIAM KING, hereinafter
collectively referred to as "Donor"; MARY PACINDA TURNER individually, with an address
Generated July 19, 2023 Page 58
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Southold Town Board - Letter Board Meeting of July 18, 2023
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of 525 King Street, Orient, NY 11957, and WILLIAM KING, with an address of 33 1" Street,
Webster, MA 01570, hereinafter collectively referred to as "Grantor", and TOWN OF
SOUTHOLD, a municipal corporation with offices at 54375 Main Road, Southold, NY 11971
(hereinafter referred to as "Grantee", to amend the Deed of Conservation Easement recorded on
and effective as of December 19, 2019, with the Office of the Clerk of Suffolk County, New
York, under Liber D00013040, Page 087 (the "Easement"). This Amendment is made and
entered into in perpetuity and exclusivi ly for conservation purposes.
I
RECITALS
I
WHEREAS, Donor granted the Easement to Grantee over certain real property identified in the
Easement as the Protected Area ("Protected Area"), the legal description of which is attached
hereto as Schedule A and identified on the Suffolk County Tax Map as 1000-035.00-02.00-
001.000 and 1000-035.00-02.00-011.000; and
WHEREAS, PRIOR to the recording of the Easement and pursuant to the provisions of the Last
Will and Testament of ROBERT TURNER, his interest in the Protected Area passed to his
surviving spouse, MARY PACINDA TURNER; and
I
WHEREAS, said MARY PACINDA TURNER and said WILLIAM KING are accordingly
hereinafter collectively referred to as Grantor; and
I
WHEREAS,,Grantor is the present owner of the underlying fee interest in the Protected Area and
Grantee is the present holder of the Easement; and
WHEREAS, on or about April 24, 2023, the U.S. Treasury Department and Internal Revenue
Service issued Notice 2023-30 (the "Notice"), which sets forth the safe harbor deed language for
extinguishment and boundary line adjustment clauses required by § 605(d)(1) of the SECURE
2.0 Act of 2022 (the "SECURE 2.0 Act"), enacted' as Division T of the Consolidated
Appropriations Act, 2023, Public Lawl 117-328, 136 Stat. 4459 (December 29, 2022); and
WHEREAS, Grantor and Grantee desire to amend the Easement to include certain aspects of the
safe harbor language for the corresponding language in the Easement, as provided by § 605(d)(2)
of the SECURE 2.0 Act.
Based on these Recitals and the mutual and valuable consideration provided to each by this
Amendment, Grantor and Grantee AGREE as follows:
TERMS
i
1. BOUNDARY LINE ADJUSTMENTS.
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Section 7.02 of the Easement is amended by adding the following additional sentences at the
conclusion thereof:
Generated July 19, 2023 Page 59
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Southold Town Board - Letter Board Meeting of July 18, 2023
"Notwithstanding any other provision of the Easement and pursuant to Notice 2023-30, and in
addition to any requirement of a public hearing under Section 9.03(B) (Limitations on
Amendment) of the Easement, Grantor and Grantee agree that boundary line adjustments to the
Protected Area subject to the restrictions may be made only pursuant to a judicial proceeding to
resolve a bona fide dispute regarding a boundary line's location. A boundary line adjustment
shall not be interpreted as synonymous with or otherwise preclude a lot line modification or
subdivision as described in this Section and defined by the Town Code of the Town of
Southold."
2. NO LIENS.
Grantor represents that as of the effective date of this Amendment there are no liens or
mortgages outstanding against the Protected Area.
3. LIMITED EFFECT.
Except as amended hereby, all terms and conditions of the Easement, including but not limited to
all Exhibits and Schedules thereto, remain in full force and effect. In the event of a conflict
between the terms of the Easement and this Amendment, the terms of this Amendment shall
prevail.
4. GOVERNING LAW. This Amendment shall be governed by the law of the State of New
York.
5. EFFECTIVE DATE OF AMENDMENT. This Amendment shall be effective when Grantor
and Grantee have executed it and it has been recorded in the Office of the Clerk of Suffolk
County, New York. For purposes of the Notice and the SECURE 2.0 ACT, this Amendment
shall be effective as of December 19, 2022.
6. COUNTERPARTS; AUTHORITY. This Amendment may be executed in multiple
counterparts, each of which when assembled to include an original signature for each part to this
Amendment shall constitute a complete and fully executed original. Each signatory to this
Amendment represents and warrants that he or she is duly authorized to enter into and execute
this Amendment and to legally bind the party that he or she represents.
7. NO GOODS OR SERVICES. No goods or services or other consideration were provided by
the Grantee to the Grantor in exchange for the grant of this Amendment.
IN WITNESS WHEREOF Donor and Grantor and Grantee have caused this AMENDMENT
OF DEED OF CONSERVATION EASEMENT to be executed by persons duly authorized to
execute the same.
�L ;��
Denis Noncarrow
Generated July 19, 2023 Page 60
Southold Town Board - Letter Board Meeting of July 18, 2023
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Greg Doroski, Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
Generated July 19, 2023 Page 61