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Home My WebLink AboutPeconic Land Trust (Palmeri) . 1000-56-5-12.1 a: Baseline Documentation .~-~~-'-................ ~:_'~> ~dv, Premises: dd's Pond Road uthold, N ew York ~",,' .~ .h,'" PECONIC LAND TRUST, .lNCORPORATED~ ;(flk/aPalmeri..~. _,_ to__ ~-""'- :~OF:m~,..;' ~~,~- ',:: _~~' .,":,.::'::~-,:, .' ',.,. ,. ., . "j:~~-:,-f;i:;-~-:~~~~f~~ - Deed dated February6,!D96- ,'''-- RecOrded February 1{),.2.t)06 ..., ",",.,~, --,. ._,,_. -~~- " -.... ~~~--'-';;;:'~ -""~-::-_"._~ .~ ~~~~~~? "'~~"'<'~:",",,, NlJ!l ",. -+, , . Suffolk County Clerk - Liber DOOO1Z43~r..ge 388 ... i<'-fI _ij'.;:1jC~""--- ~-__~.~::!-:_::_~:_\:_~:.:f::iw'-~-*y,"-"" ~'"L~ . SCTM #: 1000-56-5-12.1 Premises: 945 Budd's Pond Road Hamlet: Southold Location: borders on Budd's Pond and existing canal off Budd's Pond Purchase Price: $5,000.00 (bargain sale) . Funding: Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 0.51 acre Zoned: R-40 Existing Improvements: In February 2006 - none . . P R o P E R T Y . V I S U A L S . },\~ ~~ S)."~ - '<\0 ';;l '- <;). 't>~ -~ ~e, ~{q, ~ '''\~ . '0 05'", '1.; 'O~ >(-.0-,5) so.s. @ I.J 22.3A(C) ~--2-- LINE SEE SEC. NO. 066 Iq.t.~at.c U''',\c' u..... ''', UI'~L~SS C:~AW rl "FE WIHl'r" SCHOOL ::0 ;"P~ 2B 3[ liGHT ~3 4S PARK 70 ~t.lBULANCE O~~ERWISE, LLL FP'JPE"'TIES ~'-IC: ")LL::),~ING ClIST~!CTS SEWEP nD H~CR~ln WATER 50 REFLlSE ~ASTEIATER tl(;TICE COUNTY OF SUFFOLK G) Real Property Tax Service Agency COlXlty Center Riverhead, N Y 11901 SCALE I~ FEEl: lD~ ~ 200 ~~Q K E y M A p m --~C",- I<.,orcr":"stri'-lir,e------ I~. ~i.t'i(t ;';0. - - ~ -- - ~#INIENANCE, ALTERATION, SALE OR DISTRIBUTiON OF ANY PORTION OFTf-tE SUFFOLK COUNn TAX !..lAP IS PROHIBITED WITHOUT WRITTEN PERMISSION OF THE REllLPROPERTYTAXSERVICEJlGENCY. ""f'cseCi;'"ct.'ne --p--- --'~-- 'f."O"COID',,"'C'Une -YST-- @ NOTES: 1. SlRIP TOPSOIL FROM All AREAS TO BE EXCAVAlEO ANO/OR FlLLEO. 2. EXCAVATE THE AREA OF' PROPOSED CESSPOOlS TO A DEPni OF APPROXIMA TEL Y 2 fEET BELOW. SEASONAL HtQi (;ROUNDWA TEA "NO RElIOIIE All UNSUITABLE lIAtrRlAL (LE. BROWN SANDY CLAY) 3. BACKFILL THE EXCAVATED AREA WITH CLEAN SAND AND GRAVEL TO 2 FEET ABOVE SEASONAL HIGH GROUNDWATER. 4. INSTALL SIX (6) LEACHING POOLS (8 FT. DIAMETER. 2 FT DEEP) WITH n-IE BOlTml Of EACH POOL AT 2 FEET ABOVE SEASONAl... HIGH GROUNDWATER. 5. INSTAll ONE (1) 1200 CAllON SEPllC TANK AND AlL CONNECTING PIPE. 6. BACKFlLL THE SIX (6) lEACHING POOLS 'MTH A .1 FOOT COllAR or CLEAN SAND AND GRAVEL TO ELEVATION 1.5. 7. PLACE 6 INCHES OF TOPSOIL OVER AlL EXCAVATED AND/OR fiLLED AREAS. I LEAtHNC POOlS l' I SEASa<tAL HIQt CftOlAI)IWAlU I X l____________'-__ THOMAS C. WOlPERT, H.Y.S. e. ~tlung . ~ ~tlUng RU""",, .'" EL-7.5 ~\)~ r:{.~----L;:~----- ~Llt '0 ""' EL_1l.0 0.._15.0 'I....ba. bglnnriag SECTION SEWAC USE 6 lhtntgiog ~ )... ~ ~ <<' ~o '"fa Lot 9 '" 810 ~;:j . ., l5 '" now or forme Diomond Scorduzio & Vio OWEWNG (WITH PUlJUC \ PROPOSED I .. 7.9 SANITARY SYSlE / 1 S 8714'20" E ' 7.31 ,/ I / 166. e Q Z o CL 5.21 HAY! SILl I / 20.0'-:;i I _ NO/> (~BUf I '4.31 "~ I 'I \ \ v TEST HOLE 1.5' HIGH WA TERPR 9/24/96 RETAINING WAll. El=6.0 0.0' C/) BROWN LOAUY . ClAY Q PERCHED WATER 2." EL=3.9 WAiER IN Q BRO~ lOAUY :J ClAY 2.5' m SEASONAL HIGH WAl[R tN r1 GROUNDWATER BRO\iiCSANOY EL=2.0 Y 9.0' . 5.71 =< WATER IN 2 I BROWN CLAY ~ 43.0' ~ WATER IN I BROWN FINE SAND 49.0' I 1J8.oo' , / N 8714'20" WI" '5.97 I ~'I + 462 LANOWARD U\tlT OF llDAL . . I WETlANDS AS OEUN1A TED : BY N.Y.S.D.E.C. ON 4/23/97. Lot 11'" now or former Angelo Spetsiot DWElLING ("1H PUBUC w, SUFFOLK COUNTY DEPARTM ", AU FMlIUAR WITH THE STANDARD! SEWAGE Or.;fJOSAL SYSlOIS FOR S1frr4GLE SET FORTH THEREIN AND ON THE PER. . NOTES: 1. . = MONUMENT FOUND 2. TOTAL AREA = 23324 S.F. 3. SUBOIVISION MAP FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON JUNE 16, 1966, AS MAP NO. 4652 4. ELEVATIONS SHOWN HEREON ARE FROM ACTUAL SURVEY AND ARE REFERENCED TO N.G.V.O. (M.S.L. 1929). 5. THIS PARCEL IS LOCATEO IN ZONE A4 BASE ELEVATION 8.0 AS INDICATED ON FLOOO INSURANCE RATE MAP, PANEL NO. 360813 0075E, LAST OATED AUGUST 16, 1993 TELlJ>HONE """BER' APPUCANiS S1GNAllJRE: APPUCANT: STREET ADDRESS: CITY: @ ,1 I \ \ , HOUSE IC. NO. 61483 F".F.EL...11.0 a.....8.8 '1..~,l. ',.. .2 Lt.-G.O B" 10' ~ 1200 CAL $[pUC TANK ISPOSAL SYSTEM . SYSTEM Scorduzio' / 64.00' 239.67' OR 9.67' II ~ II o Proposed Conal J I As Indicoted On/ I Filed Myp 3.78 'j' 2.59/1 ~ / / /. . '4.26 / '!? / .,'\0 _~ /'/ 0 / // ({}>. .... /' " / / ~- P- I / .... o v I / b ~ -<: / ';v ,-.,,,,0 "'~~-* ..rl / / "'" ""'o-v~.... 45.06' / c:, v~--"" ~~~-?- N ,., ~ ~d' -t" Ci ~~~ ~~ <.; It 10 URBANCE TES PH I I /183.06' / / I ..,/ / / / / '). 2.$" ./ 1.18 I + 1.95 / OF HEALTH SERVICES CERTIFICATION APPROVAL ANQ CONSTRUCTION OF SUBSURFACE .Y RESlDENCES AND WILL ABIOE BY THE CONDI11ONS CONSTRUCT." ZIP CODE: ST @ Young &- Young. Land Surveyors 400 Ostrander Avenue, Riverhead, New York 11901 516-727-2303 ~ ~ ~ " c> "%- 1- Alden W. YlJUng, P.E of: L,S. (1908-1994) Howard. 1/'. YlJUng, Land. S....rveyor Tho1nas C. Wolpert. Professiona.l Engineer Kenneth F. Abruzzo, Land. SunJeyor John Schnurr, Land. Surveyor PROPOSED PERCENTAGE OF UPLAND COVERAGE UPLAND AREA 10891 S.F. HOUSE AREA DECK AREA TOTAL 1921 S.F. :::: 260 S.F. :::: 2181 S.F. 2181 S.F. .;.10891 S.F. x 100 = 20.0" Sufi. Co. Tax Mop: Hioo 56 , District Section DIE(cIE~WIE --F.Ea- UL 2005 Southold Town Board of Trustees / 1~Y11~d ~ SURVEY FOR:' IRWIN PALMERI & SONORA DOBIN-PALMERI LOT NO_ 10 "WILLOW POINT" At: ARSHAMOMOQUE Town of: SOUTHOLD Suffolk County. New York 5 12.1 Block I Lot OCT. 10, 1997 AUG. 12, 1997 JULY 10, 1997 MAR. 25, 1997 FEB. 24, 1997 JAN. 9, 1997 SEPT. 13, 1996 OA TE JULY 23, 1996 SCALE ; 1"=40' JOB NO. ; 96-0573 SHEET NO. ; 1 OF 1 "PA960573.DWC" @ . p U B L I C . H E A R I N G . ELIZABETH NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 -1800 southoldtown.northfork.net . REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER RESOLUTION # 2006-131 Resolution In: 1502 Meeting: Department: Category: Olli 7/0607:30 PM Land Preservation Misc. Public Hearing THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-131 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 17, 2006: RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) ofthe Town Code, the Town Board of the Town of South old hereby sets Tuesday, January 31, 2006, at 5:15 P.m., Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearinl! for the purchase of open space on property currently owned by Peconic Land Trust (f/kla Palmeri property). Said property is identified as SCTM #1000-56-5-12.1. The address is 945 Budd's Pond Road, Southold, New York, and is located on the easterly side of Budd's Pond Road . approximately 800 feet from the intersection of Budd's Pond Road and Bay Home Road in Southold. The proposed acquisition is for open space and comprises approximately 0.5 acre (subject to survey). The property, having been purchased by the Peconic Land Trust from Irwin and Saundra Palmeri as a bargain sale, has been offered for sale to the Town of Southold, at the same bargain sale purchase price plus acquisition costs associated with the transfer oftitle. The purchase price for this open space parcel is $5,000 (five thousand dollars) plus acquisition costs. The subject property contains mostly wetlands and borders on Budd's Pond and an existing canal off Budd's Pond. The preservation and protection of this property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, and undeveloped shorelines, establishment of parks/nature preserves and recreational areas, and protection of unique and threatened ecological areas. . . The property is not listed on the Town's 2003 Community Preservation Project Plan List of Eligible parcels; however, it is proposed to be added to the plan after a public hearing to amend the List of Eligible parcels is held on January 31, 2006. As per Chapter 87 (Transfer of Development Rights) of the Code ofthe Town of Southold, Section 87-5, the Land Preservation Coordinator has determined that it is unlikely that the parcel is buildable; therefore, no Sanitary Flow Credit is available from this purchase. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. aj"'~Q- :,~. Elizabeth A. Neville South old Town Clerk . . Page 2 . LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. January 31. 2006. at 5:15 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York. as the time and place for a public hear/ne for the purchase of open space on property currently owned bv Peconic Land Trust (f/k/a Palmeri property). Said property is identified as SCTM #1000-56-5-12.1. The address is 945 Budd's Pond Road, Southold, New York, and is located on the easterly side of Budd's Pond Road approximately 800 feet from the intersection of Budd's Pond Road and Bay Home Road in Southold. The proposed acquisition is for open space and comprises approximately 0.5 acre (subject to survey). . The property, having been purchased by the Peconic Land Trust from Irwin and Saundra Palmeri as a bargain sale, has been offered for sale to the Town of South old, at the same bargain sale purchase price plus acquisition costs associated with the transfer of title. The purchase price for this open space parcel is $5,000 (five thousand dollars) plus acquisition costs. The subject property contains mostly wetlands and borders on Budd's Pond and an existing canal off Budd's Pond. The preservation and protection of this property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, and undeveloped shorelines, establishment of parks/nature preserves and recreational areas, and protection of unique and threatened ecological areas. . The property is not listed on the Town's 2003 Community Preservation Project Plan List of Eligible parcels; however, it is proposed to be added to the plan after a public hearing to amend the List of Eligible parcels is held on January 31, 2006. . As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has determined that it is unlikely that the parcel is buildable; therefore, no Sanitary Flow Credit is available from this purchase. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: January 17, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk . PLEASE PUBLISH ON JANUARY 26. 2006. AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL. PO BOX 1179. SOUTHOLD. NY 11971. Copies to the following: The Suffolk Times Land Preservation Town Board Members Town Clerk's Bulletin Board Town Attorney . . SOUTHOLD TOWN BOARD PUBLIC HEARING JANUARY 31, 2006 5:15 PM PURCHASE OF OPEN SPACE PROPERTY CURRENTLY OWNED BY PECONIC LAND TRUST (F/K/A PALMERI PROPERTY) SCTM #1000-56-5-12.1 . COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN THAT pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board ofthe Town of South old hereby sets Tuesdav. January 31. 2006. at 5:15 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York. as the time and place for a public hearinl! for the purchase of open space on property currentlv owned bv Peconic Land Trust (f/k/a Palmeri property). Said property is identified as SCTM #1000-56-5-12.1. The address is 945 Budd's Pond Road, Southold, New York, and is located on the easterly side of Budd's Pond Road approximately 800 feet from the intersection of Budd's Pond Road and Bay Home Road in Southold. The proposed acquisition is for open space and comprises approximately 0.5 acre (subject to survey). The property, having been purchased by the Peconic Land Trust from Irwin and Saundra Palmeri as a bargain sale, has been offered for sale to the Town of South old, at the same bargain sale purchase price plus acquisition costs associated with the transfer of title. The purchase price for this open space parcel is $5,000 (five thousand dollars) plus acquisition costs. The subject property contains mostly wetlands and borders on Budd's Pond and an existing canal off Budd's Pond. The preservation and protection ofthis property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, and undeveloped shorelines, establishment of parks/nature preserves and recreational areas, and protection of unique and threatened ecological areas. The property is not listed on the Town's 2003 Community Preservation Project Plan List of Eligible parcels; however, it is proposed to be added to the plan after a public hearing to amend the List of Eligible parcels is held on January 31,2006. As per Chapter 87 (Transfer of Development Rights) ofthe Code ofthe Town of Southold, Section 87-5, the Land Preservation Coordinator has determined that it is unlikely that the parcel is buildable; therefore, no Sanitary Flow Credit is available from this purchase. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. . . This was posted on the Town Clerk's bulletin board and placed as a legal in the official newspaper and there was no correspondence. SUPERVISOR RUSSELL: Okay, we are at the public comment section of this hearing. Melissa. . MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. Alright, I will try to make this quick. The hearing involves an environmentally sensitive lot with an established subdivision. The half acre property contains a significant amount of wetlands and borders on Budds Pond and an existing canal off Budds Pond. The property was offered to the Town by the landowners in the fall for a purchase price of $5,000. The landowners wished to close on the property prior to the end of 2005. The Town wasn't sure if they would be able to close within the required time frame, so the Peconic Land Trust helped the Town facilitate the purchase by closing with the landowner within the required timeframe, with the intent of selling the property to the Town in early 2006. As you know, the property was just added to the Community Preservation Fund by the update that we just did. The Town is now in the position to use funding from the Community Preservation Fund to purchase this property. The Peconic Land Trust purchased the property from the Palmeri's as a bargain sale and the Trust is selling it to the Town of Southold at the same bargain sale price of $5,000 plus acquisition costs. I thank both the Palmeri's for offering it and the Peconic Land Trust for helping us facilitate this action. I recommend that the Town Board proceed with the resolution to purchase this property and this will enable the Town to close with the Peconic Land Trust in the next few weeks. Thanks. SUPERVISOR RUSSELL: Am I allowed to ask a question of you, Melissa? MS. SPIRO: You are. SUPERVISOR RUSSELL: This is a small piece of property in an existing subdivision with a homeowners association, why does the Town want to assume the responsibility of maintenance of this property? It is already protected by statute. I think they tried to get a building permit and they exhausted it. MS. SPIRO: They tried to get a building permit and they stopped trying to get a building permit and they offered it for sale to the Town. I wouldn't say it is already protected, no property is protected unless it preserved... SUPERVISOR RUSSELL: They have exhausted their statute, didn't they? They tried. MS. SPIRO: No. TOWN ATTORNEY FINNEGAN: They didn't exhaust their.... MS. SPIRO: No, they didn't. . . SUPERVISOR RUSSELL: Okay. Fair enough. Thank you. Would anybody like to comment on this? (No response) We will close the hearing. * * * * * Elizabeth A. Neville Southold Town Clerk . . . S E Q R A . R E S o L U T I o N . . . . ELIZABETH NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southold,~ 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER RESOLUTION # 2006-184 Resolution In: 1551 Meeting: Department: Category: 01/31/0604:30 PM Land Preservation Seqra THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-184 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 31, 2006: WHEREAS, the Town Board of the Town of South old wishes to purchase property currently owned by Peconic Land Trust (fi'kla Palmeri) for open space purposes pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) ofthe Code of the Town of Southold. Said property is identified as SCTM #1000-56-5-12.1. The address is 945 Budd's Pond Road, Southold, New York, and the property is located on the easterly side of Budd's Pond Road approximately 800 feet from the intersection of Budd's Poind Road and Bay Home Road in Southold. The proposed acquisition is for open space purposes and comprises the entire approximately 0.5 acre (subject to survey) property. The property, having been purchased by the Peconic Land Trust from Irwin and Sondra Palmeri as a bargain sale, has been offered for sale to the Town of Souto hid, at the same bargain sale purchase price plus acquisition costs associated with the transfer of title. The Town's purchase price for this open space acquisition is $5,000 (five thousand dollars) plus acquisitions costs; and WHEREAS, the subject property contains mostly wetlands and borders on Budd's Pond and an existing canal off Budd's Pond. The preservation and protection of this property falls under multiple purposes ofthe Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, and undeveloped shorelines, establishment of parks/nature preserves and recreational areas, and protection of unique and threatened ecological areas; and WHEREAS, as per Chapter 87 (Transfer of Development Rights) of the Code of the Town of South old, Section 87-5, the Land Preservation Coordinator has determined that it is unlikely that the parcel is buildable; therefore, no Sanitary Flow Credit is available from this purchase; now, therefore, be it . RESOLVED by the Town Board of the Town of South old that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is acceptable and attached hereto; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. . aa.~.r.tQ~""I~' Elizabeth A. Neville South old Town Clerk . Page 2 . 617.20 Appendix C State Envlronmenlal Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNIJS'TVD AcnONS Only PART I-PROJECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2 1. APPLICANT/SPONSOR: Southold Town Board I ~C\o\A\e ot:. 'r.... ~(":"g.\oON? "''I 2. PROJECT NAME: ~..e....t< ,,"... ThoT i/k/, l".I",.ftl'1 3. PROJECT LOCATION: <;"'"01..''' Munldpallty: SolJ"'1'*O\..t> \OWN County: 4. PRECISE LOCATION: (street address and road Intersectlons, prominent landmarks, ete, or provide map) c;,e.,.IY\'" lo"o-S'- S-I~.\ 'I'iS "loo60'.. 'i'.".\ ~o"l>.1 I:oo""'~\\ 5. IS PROPOSED AcnON: ~ New 0 Expansion 0 ModifiCation 6. DESCRIBE PROJECT BRIEFLY: ~\A:)Y'\ 1'".e~'rt' "of 0....-1:. QCft "",Tee \ .roc. "~,, S?,C\C" 'i'''ti'ose S. 7. AMOUNT OF LAND AFFECTED: 0,<;1:- INITALLV O. S -:t. acres ULTIMATELV acres 8. WILL PROPOSED AcnON COMPLY WITH EXIS1lNG ZONING OR OTHER EXIS1lNG LAND USE RESTRIcnONS? ESt Ves 0 No if No/ describe bfieffy ,~ 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ d n C 'ID n Agriculture !81 Park/Forest/Open space D Other Res, ential ommeraa Industrial Describe; \VQ\;\"...I. \ C......\ 10. DOES AcnON INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? 0 Ves I3?i if yes;. list agency(s) and pennit/approva/s No 11. DOES ANY ASPECT OF THE AcnON HAVE A CU'RRENTL Y VALID PERMIT OR APPROVAL? ~~- _J n ry, if yes/ list agency(s) and permit/approvals Yes No 12. AS RESULT OF PROPOSED AcnON WILL EXIS1lNG PERMIT/APPROVAL REQUIRE MODIFICATION? ~~-----j 0 Y @ No es ~~-"".. -~~~.~- ~~,._~~~-~~_._~~-~~~.,.._---- . , . . I I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE i , j I Applicant/sponsor Name: f<\e\,<s< ~;noJ Lc.",\ V'(~<. COO" I. Date -4t.' 10," 1 ~_/?', ~ 1 Signature ///t(~.i'-' ~--_. -~. - - --~--~, ~-~~._-------- -~- ------- ----~ --- - - - -- --"'~-'-~...~--- ----.-.----- If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I I J PART U-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 . A. DOES ArnON EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.41 0 Yes I] No If yes aJOfdlnate the ",view process and use the f/JII EAF B. WILL ArnON RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNUSTED ArnONS IN 6 NYCRR, PART 617.61 0 Yes rn No If no, a negative declaration may be suspended by another Involved agency C. COULD ArnON RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, exIsting traffic patterns solid waste production or diS~S~I, potential for erosion, drainage or flooding problem? Explain briefly: Cl. Aesthetic, agriculturall archaeologIcal, historic or other natural or cultural resources; or community or neighborhood character? Explain briefly: 100 C3. Vegetation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered spedes? Explain briefly: ~o C4. A community's existing plans or goals as offidally adopted, or change In use or Intensity of use of land or other natural resources? Exp~:rieflY: CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: f-h! CG. Long term, short tennl rumulatlve, or other effects not identified in Cl-C5? Explain briefiy: tJ.. G. Other-impacts (including changes in use of either quantity of type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A CEA? 0 Yelli No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? 0 J9.'j Ye, No PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope; and ef) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain suffident detail to show that all relevant adverse impacts have been identified and adequately addressed. If question 0 of part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the eEA. n Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then proceed directly to the FULL ENVIRONMETNAL ASSESSMENT FORM and/or prepare a positive declaration. !2l Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse envir6nmental impacts AND provide on attachments as necessary, the reasons supporting this determination: ~oA~ ~ I SoO"'l:\+OL"b -r-o\..Q~ Seo"" ~\)........ L~ Name of Loan Agency c;.vI'f'2.v, 'O~ tbt..c)1J I Print of type Nam~spons~ffice~~ ~e;d Agency '7/1. / Title (l.Responsible Officer ;" . . L Signature of Responsible Officer in Lead Agency Signature of prepareei( different from of responsible officer) . . . p U R C H A S E . R E S o L U T I o N . . . . ELIZABETH NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 -1800 southoldtown.northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER RESOLUTION # 2006-187 Resolution ID: 1554 01/31/0604:30 PM Land Preservation Contracts, Lease & Agreements Meeting: Department: Category: THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-187 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 31, 2006: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of property owned by Peconic Land Trust (f/k/a Palmeri property) on this 31st day of January, 2006, pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) ofthe Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-56-5-12.1 and 945 Budd's Pond Road, Southold, New York, and is located on the easterly side of Budd's Pond Road approximately 800 feet from the intersection of Budd's Pond Road and Bay Home Road in Southold; and WHEREAS, the open space acquisition will comprise the entire approximately 0.5 acre (subject to survey) property; and WHEREAS, the subject property contains mostly wetlands and borders on Budd's Pond and an existing canal off Budd's Pond; and WHEREAS, the property is listed on the Town's January 2006 update to the Community Preservation Project Plan List of Eligible Parcels which was adopted by the Town Board after a public hearing on January 31,2006; and WHEREAS, the preservation and protection ofthis property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic . values, protection of wetlands, and undeveloped shorelines, establishments ofparks/nature preserves and recreational areas, and protection of unique and threatened ecological areas; and WHEREAS, the purpose of this purchase is for preservation and protection of open spaces and scenic values, protection of wetlands and undeveloped shorelines, establishment ofparks/nature preserves and recreational areas, and protection of unique and threatened ecological areas. Uses ofthe property will be limited to those which are in conformance with these purposes and the Town may allow public access for passive recreation and non-motorized boat access only in conformance with the purposes of this acquisition; and WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code; and WHEREAS, the property, having been purchased by the Peconic Land Trust from Irwin and Sondra Palmeri as a bargain sale, has been offered for sale to the Town of Southold, at the same bargain sale purchase price plus acquisition costs associated with the transfer of title. The Town's purchase price for the property is $5,000 (five . thousand dollars) plus acquisitions costs; and WHEREAS, as per Chapter 87 (Transfer of Development Rights) of the Code ofthe Town of South old, Section 87-5, the Land Preservation Coordinator has determined that Sanitary Flow Credits are not available for transfer from the parcel of property due to the likelihood that this parcel is not buildable; and WHEREAS, the Town Board deems it in the best public interest that the Town of South old purchase this property for open space purposes; now, be it therefore RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, the Town Board ofthe Town of South old hereby elects to purchase the property owned bv Peconic Land Trust (flkla Palmeri property). Said property is identified as SCTM #1000-56-5-12.1. The address is 945 Budd's Pond Road, Southold, New York, and the property is located on the easterly side of Budd's Pond Road approximately 800 feet from the intersection of Budd's Pond Road and Bay Horne Road in Southold. The proposed acquisition is for open space purposes and comprises the entire approximately 0.5 acre (subject to survey) property. The property, having been purchased by the Peconic . Page 2 . Land Trust from Irwin and Sondra Palmeri as a bargain Sale, has been offered for sale to the Town of Southold, at the same bargain sale purchase price plus acquisition costs associated with the transfer of title. The Town's purchase price for this open space acquisition is $5,000 (five thousand dollars) plus acquisition costs. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has determined that Sanitary Flow Credits are not available for transfer from the parcel of property due to the likelihood that this parcel is not buildable. Pi~-'.lt:fC/."Q-/IJ.. Elizabeth A. Neville Southold Town Clerk . . Page 3 . C L o S I N G . S T A T E M E N T . . CLOSING STATEMENT PECONIC LAND TRUST, INCORPORATED to TOWN OF SOUTHOLD Open Space - 0.5 acre Premises: 945 Budd's Pond Road, Southold, NY SCTM #1000-56-5-12.1 Closing held on Tuesday, February 7,2006 Informal Closing Purchase Price of $5,000.00 disbursed as follows: Payable to Peconic Land Trust, Incorporated (2/7/06) $ 5,000.00 Expenses of Closing: . Closinq Costs Reimbursement (Palmeri) Payable to Peconic Land Trust, Incorporated * (2/7/06) Susan Q. Tuths, Esq. $ 825.00 Recording fee/transfer tax $ 267.00 $ 1,092.00* Survev Payable to Peconic Surveyors, P.C. (2/14/06) $ 875.00 Title Report Payable to Stewart Title Insurance Company (2/7/06) $ 662.00 Fee insurance Recording deed Bankruptcy searches $ 402.00 $ 200.00 $ 60.00 2005/06 Real Propertv Taxes Payable to George Sullivan, Tax Receiver (2/7/06) 1st half 1% penalty 2nd half $ 1,810.26 $ 900.62 $ 9.01 $ 900.63 . . . . SUSAN QUINN TUTHS PAUL G. TUTHS ATTORNEYS AT LAW 7,. HAMPTON ROAD, SUITE 2 SOUTHAMPTON, NEW YORK 11968 TELEPHONE (631) 28'7-0018 FAX (631) 287-7639 January 12, 2006 Peconic Land Trust Incorporated PO Box 1776 Southampton, New York 11969 Att: Ms. Marian Sumner FOR PROFESSIONAL SERVICES RENDERED November, 2005 to January, 2006 Re: Acquisition of Palmeri Property, 945 Budd's Pond Rd., Southold including tel. with M. Sumner; correspondence to M. Sumner; tel. attorney for Sellers; review and revise contract of sale; review title report, survey and metes and bounds descriptions; review deed and related forms; telephone and correspondence to title co. re: metes and bounds descriptions; revise deed; correspondence to Sellers' attorney; prepare agreement re: payment of purchase price.............. (5.hours at $165.00 per hour).....$825.00 APPROVED BOOKED AlP AMT PAID CHECK NO. JOB ACCT. NO. DATE PAID PECONIC SURVEYORS, P.C. . P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020' Fax (631) 765-1797 FEBRUARY 2006 DEPARTMENT OF LAND PRESERVATION TOWN OF SoUTHoLD P.O. BOX 1 179 SoUTHoLD NY 1 1 971 FOR PROFESSIONAL SERVICES RENDERED, Dlo- lOb REFERENOE: PEOoNIO LAND TRUST IF/K/A PROPERTY TO TOWN OF SoUTHoLo YOUR PURCHASE ORDER # 14897 FAX TRANSMISSION (631) 765-6640 . SURVEY PER qUOTE $875.00 SUFFOLK COUNTY TAX MAP 1000-56-05-12.1 . . .................................................................................. .. . . . TOWN OF SOUTHOLD CONSOLIDATED REAL PROPERTY TAX BILL DECEMBER 1, 2005 - NOVEMBER 30, 2006 - TAXES BECOME A LIEN DECEMBER 1, 2005 IF THE WORD "ARREARSn IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE ... ON REVERSE SIDE, . . . . Palmeri Irwin Sondra Dobin 12640 Coral Lakes Dr Boynton Beach, FL 33437 .' , .' . ' 12/06/05 2,000 2,000 . ... . .; I' . ," Palmeri Irwin ~J};,t:~':~;;'~ ',-,-' ft~it-p~b~-ff~~L~W"/{; ,j ,_':\> ",y,) ,.- -'- - -' ,,~,,'''"'--~-' ' i:"~{ff~~Jy1~ijdated expense ;"'\" :':S'dtJI1i61a FD ," "$'QUt~Old Park F; '., Wa~l.e Water !;listric! 7;' ,.. 'Solid Waste Distrlct 2;000" 2,090 . . 2,000 Ji!'~:illfU.,ili:ill ?~,~ 1\" - ,~~~< ,'" '-"',.0',2,, .;\.., 2,OQO' /;) . 10.46% , StiC~Nti HALF tAX . TOTAL TA:XLE\fV 1"il~1~' DliEoeC.1;2005PAYABLeWITHOUTPENAlTYTOJAN. HI, 2008 DUED~C,'1,zo05PAYABlEWITHOUTf'ENAlIYTOMAY31,2006. Sl:EReVEA$[ TH' 'is'TAX MAY'BE PAID IN ONE OR TWO'd I'N'STf1IMttNTS SEe REVERSE SIDE FQH PENALTY SCHEDULE. SIDE FOR PENALTY SCHEDULE AND COUNTY TR~ASUREI;l'S NOTICE.. .. n....... . GEORGE R. SULLIVAN TAX RECEIVER BILL NUMBER: 006501 .OWNER NAME: 1ST HALF TAX $900.62 **** PAYMENT **** PAYOR TOWN OF SOUTHOLD TAX PAYMENT RECEIPT CONSOLIDATED TAX LEVY 2005/2006 SWIS: 473889 TAX MAP NUMBER: 56.-5-12.1 02/07/2006 10:58 2ND HALF TAX TOTAL TAX LOCATION: 945 Budds Pond Rd TOTAL PAYMENTS 1ST HALF 02/07/2006 2ND HALF 02/07/2006 $900.62 $900.63 $9.01 III $0.00 111 Palmeri Irwin PENALTY $900.63 $9.01 $1,801.25 $1,810.26 ------------------- -------- ---------- --------------- --------------- -------- ------------- PAYMENT METHOD TOWN OF SOUTHOLD TOWN OF SOUTHOLD . . DESC DATE TAXES PAID PENALTY PAID BATCH stewart ;'l':~ ~title insurance company 0,,,, 125 Baylis Road, Suite 201 Melville, NY 11747 631-501-9615 fax: 631-501-9624 www.stewarttitlemelville.com 755 East Main Street Riverhead, NY 11901 631-727-4470 fax: 631-501-9623 NYSE: STC ESTIMA TED INVOICE TITLE NO.: APPLICANT: PREMISES: 25-S-2 I 74 Town of Southold - Land Preservation 945 Budds Pond Road, Southold, New Ynrk 11971 Section; 56.00 Town of South old DATE December 6,2005 CLOSING DATE: CHARGES Total Buyer Seller District: 1000 PURCHASER/BORROWER: Block: 05.00 Reference: Lot; 012.001 Fee Insurance $5,000.00 ~i~'rt~~~~-'j~;u-ran-ce-""""""" ... ..... .M.~.~g~g.~)~_~_~E.~"\::_~. ,_.._.. .__....._..,.. .... ._ ... .... .__ Misc. ~~~~~~~~a~~;~:~ji('l:~!~I)--- .........- -------$6000-.--. _ ~__~I?.~y_~~~.~}~~.!~!l_.____________________. _ ..._._..._.___m.__....._ UCC-I Searcb County/State / ~~;P~~~~~i~? ........... ....----- ... .. .......-.. --.--.-.--- ..u u --~~~~~~~r.Ti7I~)-:$2500-- ~~~yeyI,g~ate.fInsp.ect/Seryice_c:harge. .._._~. .. .u.__.___...____. ._._..._________._._ J:!2. W ~iver (431 L:J25 ,QQ_.._.__.__..__ ~~1~[;'e~~:if~:~i:~,~~~~I~L--------- -- u ~~:Jd~~~~74~~:~25~OO----.-.- .SurveyEndorseITlent'j .. ..._ ......._ .. ......____ .._..i_"L~..yglyi~g_Cre<lit{406J:_'.._ ......... . ~arketValue.R.id.er'..'. I.. ... .... .___.____I_F)Suryex_(~O~L:._..__ 1tJ<:c:()~DIN(;F'EE(s)I)eed(s) J ........ .'hoo,(J() ... .19),;.lta9(401L:'_ ......... ira:~i~2~ ................... .. ........ ... ..... ... .J==: ...................... ........ .... .......+i;)~arketyal~eRider(408):'. ~:~:::m;;:;~~scarch (es) Threem==--F=::== '%Q..O.? i~- _ ______==~:}~~~;~~~;,~:~~;;~:;,: ~::::~: .NysT;a~sf~;Ta~(~;~aijyp~.E[by;~liei)I======:::::J _____' __ .~E.~....-S;.O.~C...;...R..~...RP.o:...E.XW-.~...~...:.:_.~.a.:Tn.~.:.PO;.~.H.\~O:lfdi~_~_}_~ - ___~=~I ~::: ---1=--_---_ - f-- ...+~illJ''"'"'''' . 0 . =E_ .....~)-Fi~~S~a;~h:.----- ..-- ESC;.()WS~;~i~~~h:~g~-($5000L-r .................... ............................................ .... ... ....-.-.---- ......... -- .. .-H)~~il ~~~;~;~jl:i~---- .......-- ___________..______ TOEAL:_L_1_JdLL.2L I ......Clnser MUST Verify Depts,.! $402.00 .".....". .......m....."......__ ..- .--....----..- --------.-- ------- Subject to change/verification at closing SOCIAL SECURITY NUMBERS: (MANDATORy): TITLE CLOSER SELLER(s): BUYER(s): RECEIPTS DIRECT CHECKS: AMOUNT: STIC CHECKS: AMOUNT: . The recordinglfiling fees referenced on this inyoice include Stewart Titles fees for processing the subject recordings/filings . R E C o R D E D . D E E D . . 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD NUmber of Pages: 5 Receipt NUmber : 06-0016502 TRANSFER TAX NUMBER: 05-27803 Recorded: At: 02/16/2006 12:32:24 PM LIBER: PAGE: D00012436 388 District: 1000 . Deed Amount I Section: 056.00 EXAMINED AND $0.00 Block: 05.00 CHARGED AS Lot: 012.001 FOLLOWS Received the FOllowing Fees For Page/Filing COE EA-CTY TP-584 RPT Transfer tax $15.00 $5.00 $5.00 $5.00 $30.00 $0.00 Above Instrument Exempt NO NO NO NO NO NO Handling NYS SRCHG EA-STATE Cert.Copies SCTM Comm.Pres Fees Paid $5.00 $15.00 $165.00 $0.00 $0.00 $0.00 $245.00 Exemp1 NO NO NO NO NO NO TRANSFER TAX NUMBER: 05-27803 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL . \D ~~m . . '. ..kllJ.,i~ " i q:ji,~ '. . i.... _.~ _H_ ~2 ~umber of pages s . TORRENS Serial # Certificate # Prior Of. # Deed I Mortgage Instrument Deed I Mortgage Tax Stamp FEES Page / Filing Fee Handling TP-584 Notation _ Sub Total ~-=- R.P.T.SA Comm. of Ed. 5~ Affidavit Certified Copy Reg. Copy . Sub Total Other 4/6- GRAND TOTAL Real Property Tax Service Agency Verification Dist. Section Block font Stamp /00 1000 05600 0500 012001 Dale Initials SatisfactionsIDi1:>.....llarges/Rcleases List Property Uwners Mallmg Address RECORD & RETURN TO, 9 '1. 1~ 7H->w 5~ /2 ~ ~~Ot. 530'l51~gs- ;?oftpl/7") S~, '7;; 11tf7/ Suffolk Count 8 Co. Name Title # RECORDED 2006 Feb 16 12:32:24 PM CLERK OF 5UFFOU( COUt-iTV l D0001243E. P 388 Dr# 05-27~:03 Recording I Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec.lAssit. 0, Spec. / Add. TOT. MTG. TAX Dual Town_Dual County_ Held for Apportionmen~ Transfer Tax ..J::J 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. 6 Conununity Preservation Fund Consideration Amount $ lJ11>- CPF Tax Due $ ~f Improved Vacant Land&- /6YD , TD TD TD Title Company Information ~ Jl.5-.s-J-/1 & Endorsement Pa e This page fonTIS part of the attached Recordin ~ (SPEOFY TYPE OF INSTRUMENr) PECONIC-- L4N/)J7.ZvSi made by: The premises herein is situated in SUFFOLK COUNTY, NEW YORK 5t! /J f1..-p It( . In the Township of TO (?JI{jN Op 50iJT/lOL!) In the VILLAGE or HAMLET of CCv5Aa J?1tJ-n(CL~ t/ BOXES 5 TIfRU 9 MUST BE TYPED OR PRlN1ED IN BLACK INK ONLY PRlOR TO RECORDING OR FILING. -. ~ . . t,; IF' Sii(!F"l~ : . T '691-St,IlJIdanl N.Y.D.l:U. Form 8002: B''Pin &. ,ale deed. w,d1cova1&11t.pin"g..n,or'...,s-lnd,orCorp.'..ngle'hoe!,U-98 D,STRIBuno BY ............sxcelslor Inc Nnol0013 CONSULT YOUR LAWYER BHORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made on the (j,f1.t'- day of February I 2006 BE~ Peconic Land Trust, Incorporated at 296 Hampton Road, PO Box 1776, Southampton, NY 11969 party of the first part, and Town of Southold, 53095 Main Road, PO Box 1179, Southo1d. NY 11971 party of the second part, '", " FIVE THOUSAND WITNESSETH, that the party of the firstpi:iJ.$/in ,consideration of 'Rilt<<Dollars and other valuable consideration paid by the party of the second part, does ,~er~brgrant and release unto the party of the second part" the heirs or successors and assigns of the party of th~second,part forever, ALL that certain plot, piece orvarcelo{liln?",with the buildings and improvements thereon erected, situate, Iyinp; and being in the ArshamGm~lC]ue I' i,n, toe, Town of Southold, County of Suffolk and State of New York, know~,~J:ld df:!r5i~n~ted as and by the lot number 10, on a certain map entitled "Map of W~lI8\rjFoint" and filed in the Office of the Clerk of the County of suffolk:bfl':'~i:Jhe 16, 1966, as Map No. 4652, bounded and described as follows: Parcel 1 BEX;INNDK; at a monument set OJ); thE! i:f:a:sterly side of Budd's Pond Road where same is intersected by the div~slpn line between lots 9 and 10: and RUNNING THENCE South 87 degreea_14~minutes 20 seconds East 166.00 feet along said division line; RUNNING THENCE South 7 degrees 34 minutes 20 seconds West 100.08 feet to a monument set on the division line between lots 10 and 11; RUNNI~ THENCE along said division line North 87 degrees 14 minutes 20 seconds West 138.00 feet to a monument set in the easterly side of Budd's Pond Road; RUNNING THENCE along the easterly side of Budd's Pond Road the following two (2) courses and distances: 1) Along the arc of a curve whose radius is 124.54 feet, bearing to the right, a distance of 67.48 feet; 2) North 1 degree 45 minutes 00 seconds East 35.84 feet to the point or place of BEGINNING. Parcel 2 described on Schedule A attached hereto and made a part hereof. The premises being conveyed are the same as the premises to the Deed recorded in Liber 12430 at Page 484, together with an accreted parcel adjacent thereto T0GI::THER-.~with all right, title and interest, if any, of the party of the firs! part in and to any streets and ,;f{)lIds/a:'~J,lJMn'g the above described premises to the center lines thereof; TOGETHER with the appurtenances .':,~nd- aJli'~e eetate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD "the,prem:-i~~erejn granted unto the party of the second part. the heirs or successors and assigns of the party of ., the,se'cond part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything: whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the pal'ty 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 olher purpose. The word "party" .,hall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part ha" duly executed this deed the day 31\(1 year first above- written. IN PRESENCE OF: ncorporated President . ACKNOWLEDGMENT IN NEW YORK STATE (RPl 309-a) State of New York, County of ~ ""'-- \. ~:i) \ D 88.: On 1"3..... ku..t'--~ \..,'J.tlb~ before me, the undersigned, personally appeared ~~"'" --J.~.~Q.._S:'~""cs personally known to me or proved to me on the basis of satisfac- tory evidence to be the individual(s) whose name(s} is (are) subscribed (0 the within instrument and acknowledged to me that he/she/they executed the same in hislher/their capacity(ies), and that by his/her/their signature(s) on the instrument, the indi- vidual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ~ (sigoolureandoJJkeofindiw IIorloGamlllll ~PlllIIlcSt1ttal"..M ~~DENEWYORKSTATE(RPL309-b) Stat':~~.:'~I;:o'iiOW.Rt~ of 88.: On personally appeared before me, the undersigned. personally known to me or proved to me on the basis of satis- factory evidence to be the individual(s) whose natne(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their capacity(ies), and that by hisiher/their signature(s) on the instrument, the indi- vidual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made s~ch appearance before the ~ndersigned in (insert ciry or polilicul subdivision and Slale or COWlty or other place acklWwl- edgmellllakenj . (SigM/IIr1t and offiCI' ofindividlUlllaking ackIWwledgment) jIlargain anb .alt :lIlttb WITH COVENANT ACAINST GRANTOR'S ACTS fITLE No. PECONIC LAND TRUST INCORPORATED TO TOWN OF SOUTHOLD ACKNOWLEDGMENT BY SUBSCRIBING WITNESS(ES) State of County of I SS.: On personally appeared before me, the undersigned, the subscribing witness(es) to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in (if Ihe plaa of residerK'e i.I' ill a city, indllde the street and streel mUllber, ijany,rhereoj); that he/she/they know(s) to be the individual(s) described in and who executed the fore- going instrument; that said subscribing witness(es) was (were) present and saw said execute the same; and that said witness(es) at the same time subscribed his/her/their name(s) as a witness(es) thereto. ( o if taken au/side New York Slale inserl dry or political SUbdilll.fion and stIJ/e or country or other place acknowledgment taken And that said subscribing witness(es) made such appearance before the undersigned in {~'igMture and office ofindividlUll taking acknowledgment} SECfION 56.00 BLOCK 05.00 LOr 012.001 COUNTY OR TOWN Suffolk RETURN BY MAIL TO: Melissa Spiro Land Preservation Coordinator Town of Southold P.O. Box 1179 Southold, NY Zip No. 11971-0959 . . .a o .. . :;; - a o . " ~ a : . - .l! . o . " . ~ . . - . " . " . . . Schedule A Parcel 2 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Arshamomaque, in the Town of South old, County of Suffolk and State of New York, shown as Proposed Canal on a certain map entitled "Map of Willow Point" and filed in the Office ofthe Clerk of the County of Suffolk on June 16, 1966, as Map No. 4652, bounded and described as follows: BEGINNING at a monument set on the division line between lots 9 and 10 as shown on above-mentioned map, distant South 87 degrees 14 minutes 20 seconds East 166.00 feet from the point where the easterly side of Budd's Pond Road is intersected by the division line between lots 9 and 10, to the true point or place of beginning; RUNNING THENCE from said point of beginning South 87 degrees 14 minutes 20 seconds East 72.67 feet; RUNNING THENCE South 30 degrees 20 minutes 00 seconds East 28.39 feet to the mean high water mark; RUNNING THENCE along a tie line that marks the said high water mark South 41 degrees 09 minutes 44 seconds West 96.92 feet to where it intersects the division line between lots 10 and 11; RUNNING THENCE North 87 degrees 14 minutes 20 seconds West 36.37 feet along the division line between lots 10 and 11 to a monument; RUNNING THENCE from said monument North 7 degrees 34 minutes 20 seconds East 100.08 feet to the division line between lots 9 and 10 and the point or place of BEGINNING. TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. . . . RIDER to DEED dated February 6, 2006, between PECONIC LAND TRUST, INCORPORATED and the TOWN OF SOUTHOLD AS SET FORTH in Chapter 6 and Chapter 59 of the Town Code of the Town of Southold, OPEN SPACE acquired by the Town pursuant to the provisions of these chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of open space acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. ~Q~. .fOHN P. SEPE OSKI Southold Town Deputy Supervisor STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the ~ti. day of February, 2006, before me personally appeared JOHN P. SEPENOSKI, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. _l.tuc~ ~(}W;\L Notary Public MELANIE OOROSKI NOTARY PUBLIC, State of NewYorll No. 01004634870 Qualified in Suffolk county, I Commission Expires September 30, 1JiJ2.o AL T A OWNER'S POLICY - 10-17-92 - ...... - -- - -- -- ...... -~ POLICY OF TITLE INSURANCE ISSUED BY STE~ART TITLE@ INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE@ INSURANCE COMPANY Countersigned by: "'"'- ",",'-- ~~\NSUR ,... -;",~."''''..'''+.'' f.!;:,"~~POR~"'~C'. (":r:J ~\C"1 ~!~ 1987 oj~ ,~';. +. ~.:~ 'o;."~ly ~o'l;..,~ ~)' ~~- - r;0.. ~a~.tJ . ~. ~ ,,' " ~; ;:: -'li1 '. ~,.... II. ,II 'I ~ Ii ,~ ': ! ~ II } ~):I :i ,n) ;r,~,j 11~i Ill,! Iii ~'Ii o ~,>> ,l,i @'~"i !O'! 'f >1 Il,! l~>j t~'i ("M~,i.. ( ~, ~"" 1):., ~~'~""'''<'''''=-'''''~'7'''-~'~ ~i~-~;~~~cc:~~~~~~~-~~:=::~ / '*0/ . EXCLUSIONS FROM COVERAGE The following motters ore expressly exduded hom Ihe coveroge of this policy ond Ihe Compony will not poy loss or domoge, costs, attorneys' fees or expenses which orise by reoson of: I. (0) Any low, ordinance or governmenlol regulotion (induding but not limited to building ond zoning lows, ordinonces, or regulotions) restricting, reguloling, prohibinng or reloting to (i) Ihe occuponcy, use, or enjoyment of the lond; (ii) the chorocter, dimensions or locolion of ony improvement now or hereoher erected on the lond; (iii) 0 seporolion in ownership or 0 change in the dimensions or area of the land or any parcel of which the land is or wos 0 part; or (iv) environmental protection, or the effect of llny viollltion of these lows, ordinonces or governmentol regulotions, except 10 the extent thot 0 nolice of the enforcement thereof or 0 notice of 0 defect, lien or encumbronce resulting from 0 violotion or olleged ~olotion offecting the lond hos been recorded in the public records ot Dote of Policy. (b) Any governmental police power not exduded by (0) obove, except to the extent thot 0 notice of the exercise thereof or 0 notice of 0 defect, lien or encumbronce resulting from 0 violotion or olleged violotion offecting the land hos been recorded in the public records at Dote of Poiicy. 2. Rights of eminent dornoin unless notice of the exercise thereof hos been recorded in the public records ot Dote of Policy, but not exduding from coveroge any toking which has occurred prior 10 Dote of Policy which would be binding on the rights of 0 purchaser for volue without knowledge. 3. Defects, liens, encumbronces, odverse doims or other motters: (0) creoled, suffered, assumed or ogreed to by the insured doimont; (b) not known to the Compony, not recorded in the public records 01 Dote of Policy, but known to the insured doirnont ond not disdosed in writing to the Compony by the insured doimont prior 10 the dote the insured doimont become on insure dunderthispolicy; (c) resulling in no loss or damage to the insured daimant; (d) olioching or creoted subsequent to Dote of Policy; or (e) resulting in loss or domoge which would not hove been sustained if the insured doimont hod paid volue for the estole or interest insured by this policy. 4. Any doim which orises out of the tronsoction vesting in the Insured the estate or interest insured by this policy, by reoson of the operonon of federal bankruptcy, stote insolvency, orsimilor creditars' rights lows, thot is based on: (0) the tronsoction creoting Ihe estate or inlerest insured by this policy being deemed 0 froudulent conveyance or froudulent tronsfer; or (b) the tronsoction creoting the estate or inlerest insured by this policy being deemed 0 preferenliollronsfer except where the preferentiol tronsfer results hom the foilure: (i) to timely record Ihe instrument of tronsfer; or (ii) of such recordation to import notice too purchoserforvalueoro judgment or lien creditor. ~~~~r~:f 0-8831- 3 5 2 577 NY-001 (10-17-92) . . . ALT A OWNER'S POLICY SCHEDULE A Title No.: 25-S-2174 Policy No.: 0-8831-352577 Date of Policy: February 6, 2006 Amount of Insurance: $5,000,00 1. Name ofInsured: County: Suffolk Town of South old 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Town of Southold, who acquired title by virtue of a deed from Peconic Land Trust, by deed dated and tc be recorded in the Suffolk County Clerk's/Register's Office. 4. The land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 056.00 Block: 05.00 Lot: 012.001, 4612 (7/93) Page 2 STEWART TITLE INSURANCE COMPANY ALTA OWNER'S POLICY SCHEDULE B . Title No.: 25-S-2174 Policy No 0-8831-352577 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 of: I. Covenants and Restrictions set forth in Liber 5991 at Page 460 and Liber 6708 at Page 451. 2. Telephone Easement as set forth in Liber 6087 at Page 376; (affects streets). 3. Electric Easement as set forth in Liber 6053 at Page 337; (affects streets). 4. Thirty-five (35) foot setback as shown on filed map. 5. RIPARIAN EXCEPTIONS: A) No title is insured to any land now under the waters of "Budd's Pond" and "Canal". B) Subject to the rights of others to navigate the waters of "Budd's Pond" and "Canal", C) Subject to the riparian rights of others to "Budd's Pond" and "Canal". . D) Riparian rights of the owner ofthe subject premises are not insured. E) Rights of the governmental authorities to improve navigation and change bulkhead and shorelines without compensation to upland owners. 6. Subject to any restrictions under the Tidal Wetland ActlFreshwater Wetlands Act. 7. Beach and marina rights as set forth in Liber 6418 at Page 559. . 4613 (2/93 Page 3 STEWART TITLE INSURANCE COMPANY . Stewart Title Insurance Company Title No: 25-8-2174 Policy No.: 0-8831-352577 Schedule A Description (AMENDED 2/6/2006) Parcell ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Arshamomaque, in the Town of 80uthold, County of Suffolk and State of New York, known and designated as and by the lot number 10, on a certain map entitled, "Map of Willow Point" and filed in the Office of the Clerk of the County of Suffolk on June 16, 1966, as Map No. 4652", bounded and described as follows: BEGINNING at a monument set on the easterly side of Budd's Pond Road where same is intersected by the division line between lots 9 and 10; and . RUNNING THENCE South 87 degrees 14 minutes 20 seconds East 166.00 feet along said division line; RUNNING THENCE South 7 degrees 34 minutes 20 seconds West 100.08 feet to a monument set on the division line between lots 10 and 11; RUNNING THENCE along said division line North 87 degrees 14 minutes 20 seconds West 138.00 feet to a monument set in the easterly side of Budd's Pond Road; RUNNING THENCE along the easterly side of Budd's Pond Road the following two (2). courses and distances: Along the arc of a curve whose radius is 124.54 feet, bearing to the right, a distance of67.48 feet; North 1 degree 45 minutes 00 seconds East 35.84 feet to the point or place of BEGINNING. . Parcel 2 . (AMENDED 2/6/2006) ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Arshamomaque, in the Town of Southold, County of Suffolk and State of New York, shown as Proposed Canal on a certain map entitled, "Map of WilIow Point" and filed in the Office of the Clerk of the County of Suffolk on June 16, 1966, as Map No. 4652", bounded and described as foIlows: BEGINNING at a monument set on the division line between lots 9 and 10 as shown on above-mentioned map, distant South 87 degrees 14 minutes 20 seconds East 166.00 feet from the point where the easterly side of Budd's Pond Road is intersected by the division line between lots 9 and 10, to the true point or place of beginning; RUNNING THENCE from said point of beginning South 87 degrees 14 minutes 20 seconds East 72.67 feet; RUNNING THENCE South 30 degrees 20 minutes 00 seconds East 28.39 feet to the mean high water mark; . RUNNING THENCE along a tie line that marks the said high water mark South 41 degrees 09 minutes 44 seconds West 96.92 feet to where it intersects the division line between lots 10 and 11; . RUNNING THENCE North 87 degrees 14 minutes 20 seconds West 36.37 feet along the division line between lots 10 and 11 to a monument; RUNNING THENCE from said monument North 7 degrees 34 minutes 20 seconds East, 100.08 feet to the division line between lots 9 and 10 and the point or place of BEGINNING. . STEWART TITLE INSURANCE COMPANY . HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: 25-S-2174 A TT ACHED TO AND MADE A PART OF POLICY NUMBER 0-8831- 352577 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or material 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. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "Cd) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be constroed as extending or changing the effective date of the policy unless otherwise expressly stated. . This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Signed on February 6, 2006 STEWART TITLE Stewart Title Insurance Company INSURANCE COMPANY '~~, f!, ~ a~ Secretary \~~;Fr/\ .- - Authorized Office or Ag~' Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville, New York 11747 Agent No.: 327005 c=;.-- . STANDARD NEW YORK ENDORSEMENT (911193) FOR USE WITH ALTA OWNER'S POLICY (10117192) CONDITIONS AND STIPULATIONS 1. DEFINITION OFTERMS. The following terms when used in this policy meon: (0) "insured": the insured nomed in Schedule A, ond, subiect to ony rights or defenses . the Compony would hove hod ogoinst the nomed insured, those who succeed to the interest of the nomed insured by operotion of low os distinguished hom purchose including, but not limited to, heirs, distributees, devisees, survivors, personol representotives, next of kin, or corporote or fiduci"y successors. (b) "insured claimant": on insured cloiming loss or domoge. (c) "knowledge" or "known": octuol knowledge, not constructive knowledge or notice which may be imputed to on insured by reason of the public records os defined in this policy or any other records which import constructive notice of motte~ affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by low constitute real property. The term "land" does not include any property beyond the lines of the "eo described or referred to in Schedule A, nor any right, title, interesl, estate or easement in abutting streets, roods, avenues, alleys, lones, ways or waterways, but nothing herein sholl modi~ or limit the extent to which 0 right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (n "public records": records established under state statutes at Dote of Policy for the purpose of importing constructive notice of matters relating 10 real property to purchasers for value and without knowledge. With respect to Section 1 (o)(iv) of the Exdusions From Coveroge, "public records" sholl also include environmental protection liens filed in the records of the derk of the United States district court for the district in which the land is locoted. (g) "unmorketobility of the title": on alleged or opporentmotter affecting the title to the land, not exduded or excepted from coveroge, which would entitle 0 purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virfue of 0 controctuol condition requiring the delivery of morketoble title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITlE. The coveroge of this policy sholl continue in force os of Dote of Policy in favor of on insured only so long os the insured retains on estate or interest in the land, or holds on . indebtedness secured by 0 purchase money mortgage given by 0 purchaser from the insured, or only so long os the insured sholl hove liability by reason of covenants of warranty mode by the insured in any tronsfer " conveyance of the estate or interest. This policy sholl not continue in force in favor of any purchaser from the insured of either (i) on estate or interest in the land, or (ii) on indebtedness secured by 0 purchase money mortgage given to the insured. 3. NOTICE OF ClAIM TO BE GIVEN BY INSURED ClAIMANT. The insured sholl noti~ the Company promptly in writing (i) in cose of any litigation os set forth in Section 4(0) below, (ii) in cose knowledge sholl come to on insured hereunder of any doim of title "interest which is adverse to the title to the estate or interest, os insured, and which might couse loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate" interest, os insured, is rejected os unmorketoble. If prompt notice sholl not be given to the Company, then os to the insured 011 liability of the Company sholl terminate with regord to the matter" matters for which prompt notice is required; provided, however, thotfoiluretonoti~theComponysholl in no cose prejudice the rights of any insured under this policy unless the Company sholl be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF AGlONS; DUTY OF INSURED ClAlMANTTO COOPERATE. (0) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, sholl provide for the defense of on insured in litigation in which any third party asserts 0 claim adverse to the title or interest os insured, but only os to those stated couses of oction alleging o defect, lien or encumbronce or other matter in suredogoinstbythis policy. The Company sholl hove the right to select counsel of its own choice (subject to the right of the insured to objectf" reasonable couse) to represent the insured os to those stated couses of action and sholl not be lioblef" 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 couses of action which allege matters not insured against by this policy. . (b) The Company sholl hove the right, at its own cost, to institute and p rosecuteony oction" proceeding "to do any other oct which in its opinion may be necessary or desiroble toestoblishthetitletotheestoteorinterest,osinsured,,,topreventor reduce loss or damage to the insured. The Company may toke any appropriate action under the terms of this policy, whether "not it sholl be liable hereunder, and sholl nOlthereby concede liability or waive any provision of this policy. If the Company sholl exercise it rights under this porogroph,itsholldosodiligently. (c) Whenever the Company sholl hove brought on oction or interposed 0 defense os required or permitted by the provisions of this policy, the Compony moy pursue any litigotion to final determination by 0 court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal ham ony adverse judgment or order. (d) In 011 coses where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured sholl secure to the Company the right to so prosecute or provide defense in the action or proceeding, and 011 appeals therein, and permit the Company to use, at its option, the nome of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, sholl give the Company 011 reasonable aid (i) in any oction or procooding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (Ii) in any other lawful oct which in the opinion of the Company may be necessary or desiroble to establish the title to the estate or interest os 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 sholl terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regord to the matter or matters requiring such cooperotion. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations hove been provided the Company, 0 proof of loss or damage signed and sworn to by the insured doimont sholl be furnished to the Company within 90 days after the insured doimont sholl oscertoin the facts giving rise to the loss or damage. The proof of loss or damage sholl describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and sholl state, to the extent possible, the basis of colculoting the amount of the loss or damage. If the Company is prejudiced by the failure of the insured doimont to provide the required proof of loss or damage, the Company's obligations to the insured under the poficy sholl terminate, induding any liability or obligation to defend, prosecute, or continue any litigation, with regord to the matter or matters requiring such proof of loss or damage. In addition, the insured doimont may reasonably be required to submit to exominotion under oath by any authorized representative of the Company and sholl produce for examination, inspection and copying, at such reasonable times and places os may be designated by any authorized representative of the Company, 011 records, books, ledge~, checks, correspondence and memoranda, whether beoring 0 dote before or after Dote of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured doimont sholl gront its permission, in writing, for any authorized representative of the Company to examine, inspect and copy 011 records, books, ledgers, checks, correspondence and memorondo in the custody or control ofo third porty, which reasonably pertain to the loss or damage. All information designated os confidential by the insured claimant provided to the Company pursuant to this Section sholl not be disdosed to others unless, in the reasonable judgment of the Company, itisnecessory in the odministrotion of the doim. Failure of the insured doimont to submit for examination under oath, produce other reasonably requested information or gront permission to secure reasonably necessary information from third parties os required in this porogroph sholl terminate any liability of the Company under this policy os to that doim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE ClAIMS; TERMINATION OF LIABILITY. In cose of 0 claim under this policy, the Company sholl hove the following additional options: (0) To Payor Tender Payment 01 the Amount of Insurance. To payor tender payment of the amount of insuronce under this policy logether with any cos~, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, 011 liability and obligations to the insured under this policy, other Ihon to make the payment required, sholl terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy sholl be surrendered to the Company for concellotion. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the InsuredOoimont. (I) to payor otherwise settle with other parties for or in the nome of on insured claimant any claim insured against under this policy, together with any costs, onolOeys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise senle with the insured claimant the loss or damage provided for under this policy, together with any costs, onorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. (continued and concluded on last page at this policy) \,UNUIIIUNl> ANU l> IIrUUlIIUNl> \,ommueo (continued and concluded from reverse side of Policy Face) Upon the exercise by the Compony of either of the options provided for in porogrophs (b)(i) or (ii), the Componys obligotions to the insured under this policy for the c10imed loss or domoge, other thon the poyments required to be mode, shollterminote, including ony liobility or obligotion to defend, prosecute or continue any litigation. 7. DETERMINATION, EXJ{NT OF LIABILITY AND COINSURANCE. . This policy is 0 contract of indemnity ogoinst actual monetary loss or domoge sustained or incurred by the insured claimant who has suffered loss or domoge by reason of motre5 insured against by this policy and only to the extent herein described. (0) The liability of the Company under this policy sholl not exceed the least of: (i) the Amount of insuroncestoted in Schedule A; or, (ii) the difference between the volue of the insured estate or interest os insured and the volue of the insured estate or interest subject to the defect, lien or encumbronce insured ogoinst by this policy. (b) In the event the Amount of Insuronce stated in Schedule A ot the Dote of Policy is less than 80 percent of the volue of the insured estate or interest or the full considerotion paid for the estote or interest, whichever is less, or if subsequent to the Dote of Policy on improvement is erected on the lond which increases the volue of the insured estote or interest by at least 20 percent over the Amount of Insuronce stoted in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement hos been mode, os to ony portiolloss, the Company sholl only pay the loss pro roto in the proportion thot the omount of insurance ot Dote of Policy beors to the totol volue of the insured estote or interest ot Dote of Policy; or (ii) where 0 subsequent improvement hos been mode, os to ony portiolloss, the Compony sholl only poy the loss pro roto in the proportion thot120 percent of the Amount of Insuronce stoted in Schedule A beors to the sum of the Amount of Insuronce stoted in Schedule A ond the omount expended for the improvement. The provisions of this porogroph sholl notopplyto costs, otrorneys' feesond expenses for which the Compony is lioble under this policy, ond sholl only opply to thot portion of ony loss which exceeds, in the oggregote, 10 percent ofthe Amount of Insuronce stoted in Schedule A. (c) The Compony will poy only those costs, otrorneys fees ond expenses incurred in occordonce with Section 4 of these Conditions ond Stipulotions. 8. APPORTIONMENT. . If the lond described in Schedule A consists of two or more porcels which ore not used os ~ngle site, ond 0 loss is established offecting one or more of the porcels but not 011, the loss sholl be computed and setrled on 0 pro roto basis os if the amount of insuronce under this policy wos divided pro rota os to the value on Dote of Policy of each seporote porcel to the whole, exclusive of ony improvements mode subsequent to Dote of Policy, unless 0 liobility or volue hos otherwise been ogreed upon os to eoch porcel by the Compony and the insured ot the time of the issuonce of this policy ond shown by on express statement or by on endorsementotroched to this policy. 9. LIMITATION OF L1A81L1TY. (0) If the Compony establishes the title, or removes the olleged defect, lien or encumbronce, or cures the lock of 0 right of occess to or from the land, or cures the claim of unmorketobility of title, 011 os insured, in 0 reosonobly diligent monner by any method, including litigotion ond the completion of any oppeols therefrom, it sholl hove fully performed its obligotions with respect to thot motrer ond sholl not be liable for ony loss or domoge coused thereby. (b) In the event of any litigotion, including litigotion by the Compony or with the Compo ny's consent, the Com pony sholl hove no liobility for loss or domoge until there hos been 0 final determinotion by 0 court of competent jurisdiction, and disposition of 011 oppeols therefrom, odverse to the title os insured. (c) The Compony sholl not be lioble for loss or domoge to ony insured for Iiobility voluntorily ossumed by the insured in setrling any claim or suit without the prior writren consent of the Company. 10. REDUOION OF INSURANCE; REDUOION OR TERMINATION OF LIABILITY. All poyments under this policy, except poyments mode for costs, otrorneys' fees ond expenses, sholl reduce the omountofthe insuronce protonto. 11. LIABILITY NONCUMUlATIVE. Itis expressly understood thot the amount of insuronce under this poliry sholl be reduced by ony omount the Company moy poy under ony policy insuring 0 mortgoge to which .,ceptionistokeninSchedule8ortowhichtheinsuredhosogreed,0ssumed,ortoken ubject, or whirh is hereofter executed by on insured and which is 0 chorge or lien on the estate or inferest described or referred to in Schedule A, ond the omount so poid sholl be deemed 0 pnyment under this policy to the insured owner. 12. PAYMENT OF LOSS. (0) No poyment sholl he mode without producing this policy for endorsement of the poyment unless the policy hos been lost or destroyed, in which cose proof of loss or destruction sholl be furnished to the sotisfoction oftheCompony. (b) When liability and the extent of loss or domoge has been definitely fixed in occordonce with these Condinons ond Stipulotions, the loss or damage sholl be payable within 30 doysthereofter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (0) The Companys Right of Subrogation. Whenever the Company sholl hove settled and poid 0 c10im under this policy, 011 right of subrogotion sholl vest in the Company unaffected by any oct of the insured claimant. The Com pony sholl be subrogoted to and be entitled to 011 rights ond remedies which the insured c1oimont would hove hod against any person or property in respect to the c10im hod this policy not been issued. If requested by the Compony, the insured c1oimont sholl tronsfer to the Compony 011 rights and remedies ogoinst ony person or property necessory in order to perfect this right of subrogotion. The insured c1oimont sholl permit the Compony to sue, compromise or setrle in the nome of the insured claimant ond to use the nome of the insured claimant in onytronsoction or litigotion involving these rights or remedies. If 0 payment on occount of 0 claim does not fully cover the loss of the insured c1oimont, the Compony sholl be subrogated to these rights and remedies in the proportion whirh the Company's payment beors to the whole omountofthe loss. If loss should result from ony oct of the insured claimant, os stated obove, thot oct sholl not void this policy, but the Company, in that event, sholl be required to poyonlythot port of ony losses insured ogoinst by this policy which sholl exceed the omount, if any, lost to the Company by reason of the impoirment by the insured c1oimont of the Company's right of subrogotion. (b) The Companys Rights Against Non-insured Obligors. The Componys right of subrogation ogoinst non-insured obligors sholl exist ond sholl include, without Iimitotion, the rights of the insured to indemnities, guoronties, other policies of insuronce or bonds, notwithstanding ony terms or conditions contoined in those instruments which provide for subrogotion rights by reason of this policy. 14. ARBITRATION Unless prohibited by opplicoble low, either the Company or the insured moy demand orbitrotion pursuant to the Title Insuronce Arbitrotion Rules of the Americon Arbitrotion Associotion. Arbitroble motrers moy include, but ore not limited to, ony controversy or c10im between the Compony ond the insured orising out of or relating to this policy, ony service of the Compnny in connection with its issuonce or the breoch of 0 policy provision or other obligotion. All orbitroble motrers, when the Amount of Insuronce is $1,000,000 or less sholl be orbitroted ot the option of either the Company or the insured. All orbitroble motrers when the Amount of Insuronce is in excess of $1,000,000 sholl be orbitroted only when ogreed to by both the Componyond the insured. Arbitrotion pursuontto this policy ond under the Rules in effect on the dote the demand for orbitrotion is mode or, otthe option of the insured, the Rules in effect ot Oote of Policy sholl be binding upon the porties. The oword moy include otrorneys' fees only if the lows of the stote in which the lond is locoted permit 0 court to oword otrorneys' fees to 0 prevoiling porty. Judgment upon the oword rendered by the Arbitrotor(s) moybe entered in any court hoving jurisdiction thereof. The low of the situs of the lond sholl opply to on orbitration under the Title Insuronce Arbitrotion Rules. A copy of the Rules may be obtoined from the Compony upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRAU. (0) This policy together with 011 endorsements, ifony,otrorhed hereto by the Compony is the entire policy ond controct between the insured ond the Company. In interpreting any provision of this policy, this policy sholl be construed oso whole. (b) Any claim of loss or domoge, whether or not bosed on negligence, ond which orises out of the stotus of the title to the estote or interest covered hereby or by ony oction osserting suchcloim, sholl be restricted to this policy. (c) No omendment of or endorsement to this policy con be mode except by 0 writing endorsed hereon or otroched hereto signed by either the President, 0 Vice President, the Secretory, on Assistont Secretory, or validating officer or authorized signotory of the Compony. 16. SEVERABILITY. In the event ony provision of the policy is held involid or unenforceable under opplicoble low, the policy sholl be deemed not to include thot provision ond 011 other provisions sholl remoin in full force ond effect. 17. NOTICES, WHERE SENT. All notices required to be given the Componyond onysfotement in writing required to be furnished the Company sholl include the number of this policy ond sholl be oddressed to the Compony ot 300 Eost 42nd Street, New YOlk, New York 10017. STEWAR'l'TI'l'LE@ INS1THA:"riCJ<; COMPA:"iY -'. .~. ,~elf >NJ '~<><>-~-:c; . .~~ ;;.'i:':ic--""<:;g;:;s;. ,/D\--' ~'~ ,!) I"l....,)". i',."", II:V.:I! i;:~:1 ;1;111, "~i I~:~.! II;~,:,! I'.~t h\:l I'l'! II,p! (I :~...":\\\ 1r1~'I; "'.1." 'I'V,II" "A, ", "V' 11:~:Ii) X;~:I /1.1.'1 It>! 1'.1.')) I 'v, I:' STEWART TITLE@ INSURANCE COMPANY POLICY OF TITLE INSURANCE STEWART TITLE@ INSURANCE COMPANY INSURANCE COMPANY STEWART TITLE@ POLICY OF TITLE INSURANCE INSURANCE COMPANY STEWART TITLE@ ~'~, "~" -, '~:' '~','=,'" ("" .- --,- -" ", " "~<' ~<>c=-_~_<--..O__ <:'-...1 :=_,~:"""""^__""",,,,~ ~..~ Lm 'il;'I '''.1.>1) 'I V'I' If ((I"lt, :11"'~::)] ,,'J'I): 'I,A",' \'.," ';~l'~~ d, i)1 ~'I' '~:,~ "',A " "v. lil'! '1'11 :l: l\(~,I)! !"! i(,~,j !,*,i II'~I'; "'11"" It(",V"'I) 'A' :III:"Y":/ STEWART TITLE@ INSURANCE COMPANY POLICY OF TITLE INSURANCE STEWART TITLE@ INSURANCE COMPANY MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa. spiro @town.southold.ny.us . Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hail 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: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate From: Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy Melissa Spiro, Land Preservation Coordinator Date: February 8, 2006 Re: PECONIC lAND TRUST. INC. (Palmeri) to TOWN OF SOUTHOlD SCTM #1000-56-5-12.1 Open Space . Please be advised that the Town has acquired the open space property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: PROPERTY OWNER: PURCHASE DATE: PURCHASE PRICE: 945 Budd's Pond Road, South old Peconic Land Trust, Incorporated (f1k1a Palmeri property) Informal Closing took place on Tuesday, February 7, 2006 $5,000.00 (plus acquisition costs) OPEN SPACE ACREAGE: 0.5 acre FUNDING: MISCEllANEOUS: . CPF 2% Land Bank This property is listed on the Town's Community Preservation Project Plan. It contains mostly wetlands and borders on Budd's Pond and an existing canal off Budd's Pond. It is a bargain sale purchase. No Sanitary Flow Credits are available for transfer from the parcel due to the likelihood that this parcel is not buildable. _._~- - . P R o P E R T Y . R E C o R D S . . . . MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York Telephone (631) 765-5711 Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTH OLD February 7, 2006 George R. Sullivan, Receiver of Taxes Town of Southold 53095 Route 25 P.O. Box 1409 Southold, NY 11971'0499 Re: Notice of New Owner SCTM #1000-56. -5'12.1 Dear George: Please be advised that the Town of Southold acquired the property identified as SCTM #1000-56.-5-12.1 located at 945 Budd's Pond Road in Southold for open space purposes by deed dated February 6, 2006. The Town purchased the property from Peconic Land Trust, Incorporated that had recently purchased the property from Irwin & Sondra Dobin Palmeri in December 2005. The property is further identified on your bill #6501. All future real property tax bills should be forwarded directly to the Town of Southold Accounting Department for payment, at 53095 Route 25, P.O. Box 1179, Southold, NY 11971-0959, until such time as the property is declared exempt by the Town Assessors. Very truly yours, tJt4~ Melissa Spiro Land Preservation Coordinator /md cc: Southold Town Assessors . !"'~'i;li~I\1IllII!!II'."" . . ,..-..~--"'. ..,~...,-,"~ --.--,,-.---'- - .-. - .-...". --- . WILLOW POINT ASSOCIATION p,O,BOX215 SOVTIIOl.P, NY 11971 Deeerober 28, 2005 Ms. Marion Sumner Peconic Land Trost Dear Ms. Swnner, REi Palmeri property/Tpx Map Parcel #1000-56-5-12.1 The Board of Dlreetms of the Willow Point AllSOciation have agreed to waive past and fllrore dues on the above property. Because of this, Peconic Land Trust and/or future holders of this property (Southold Town), give up their rights to the beach and marina area belonging to Willow Point Association. . V~~y Joseph Magagnin, Secretary I ~ ,lUUJff-1t rii' Jul DEe 29 IlW I L.___.____~ j Dt~q n~ 1}!.J0 L_______.~~.~::: c-r;::?..~,:,C!~_ . . . . __..,.......~.....'!llla::_...lIr.II....)lt.I_.l..l.I._ullllJ..Ut_..r.I.Il~II!IL!.llIo. .:.=[ File View T oolbar Help ]~gGB Illill~ ~ ~ Palnif,il; Irwin, _? 9~5' !Judd~!P<!ndlFtd -Owner " J~ratn~:, ::~ Ir~.n; AddIAddr:' :. Slfeet: 12640 PO Box: Cily: Sale Book Page Special District Code F002S Soulhold FD PK070 Sriulhold Par~ 'Valuej'& Jl!Iprovemeht Move Tax, tjlJ1e' Name' ::-..00 .., :':00 T Tolal: 0 Dlm1 Dim2 Tolal: .- Unils .00 .00 -Prrntstkle-s'creen------ '" M__~______,____"_~~__ ~""~-----_. .:t Start' ~ lnbox - Microsoft Outlook I ~ minutes 090605 - Micros, " _P1I \K\"C'"+t;"";/"J"~~:'?7:;-,, ;.: '.." ':', Sehoot Soulhold School Land AV: 2,000 2.000 Miscellaneous: Book: 11323 Page: 155 Morlg: Bank: Acel No: 08 Land 0 01 0 Tolal: 0 SOFT YfBuil1 II tt RPS Version 4 - [Snap... . . . Closing: February 7, 2006 0.51 acre open space acquisition 945 Budd's Pond Rd, Southold 2004 Aerial . . . . A E R I A L M A p . . Town • • • Open p ■ • - . • Space h County Development Rights 4 County o r� Development Peconic Rights � Palmeri � = • _.,_ / ..�„� ,� SCTM# 1000-56.-5-12.1 610 W Town Underwater Land Budd' s Pond t a r - Subdivision Park P of . . s U R V E y . . N FINAL SURVEY . 11:) ill' i~ ."" ')..'<> ~. 1>' <t' ~ "VA ~ ~ ~ ~ CERTIFIED TO: roltH OF SOUTHOW STEWART TITlE INSURANCE COMPANY . [5)1E1!:1E~U~ UU, JAN 3 1 2006 lW AfEA-22,424 SO. FT. TO TE LINE . DEP] Df lAND PRESERVATION . SURVEY OF PROPERTY AT ARSHAMOMAOUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. y: 1000-56-05-12.1 SCALE: 1.-40' JANUARY 26, 2006 LOT 9 SSn4'20.E 238.67' LAI/N ROW 01' ~s '--. I I. ~ ltOGI?s I~ f I~ ~~ FRAGII/TFS I Ii: LOT 10 I Dt~ I 01 I~ & FRAGMJTFS Ib :t~ I~ IK 138.00' I'" \ NSn4'20.W " / LA/IN I 174.37' ~ // I I I LOT 11 /7 1'6 J?""IIS '<1'>. ('\? 117 'Q! 11. ~ &: ~ ~ ~ m ~ ~ LOT NUMBERS AI<E REFERENCED TO -MAP OF WILLOW POfN, FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON JUNE 16, 1966 AS FILE NO. 4652. . =MONUMENT ANY AL TCRA 770N OR ADDI770N ro THIS SURVEY IS A lIfOLA 770N OF'SCC17ON 11C9t!F THe NEW l'Q/W( STATE: ~DUCA77ON LAW. excEPT AS PER SEC170N 7209-SUBDf1IfSlON 2. ALL CCR77F1CA 770NS HtRCON ARE Vd... 7W$/fIAP AND COP/~S THCRCOF ONLY IF .!WO /flAP OR c:dIII!I..' 'fHI WRESSCO SCAL OF' THe SURVEYOR IlHOSE' S/GWA1MI . ." HtRtCN. 06-106 . . LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of South old hereby sets Tuesday. January 31, 2006. at 5:15 p.m.. Southold Town Hall, 53095 Main Road. Southold, New York, as the time and place for a public hearinl!: for the purchase of open space on property currently owned by Peconic Land Trust (f/kla Palmeri property). Said property is identified as SCTM #1000-56-5-12.1. The address is 945 Budd's Pond Road, Southold, New York, and is located on the easterly side of Budd's Pond Road approximately 800 feet from the intersection of Budd's Pond Road and Bay Home Road in Southold. The proposed acquisition is for open space and comprises approximately 0.5 acre (subject to survey). The property, having been purchased by the Peconic Land Trust from Irwin and Saundra Palmeri as a bargain sale, has been offered for sale to the Town of South old, at the same bargain sale purchase price plus acquisition costs associated with the transfer of title. The purchase price for this open space parcel is $5,000 (five thousand dollars) plus acquisition costs. The subject property contains mostly wetlands and borders on Budd's Pond and an existing canal off Budd's Pond. The preservation and protection of this property falls under multiple purposes ofthe Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, and undeveloped shorelines, establishment of parks/nature preserves and recreational areas, and protection of unique and threatened ecological areas. The property is not listed on the Town's 2003 Community Preservation Project Plan List of Eligible parcels; however, it is proposed to be added to the plan after a public hearing to amend the List of Eligible parcels is held on January 31,2006. . . As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has determined that it is unlikely that the parcel is buildable; therefore, no Sanitary Flow Credit is available from this purchase. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and maybe examined by any interested person during business hours. Dated: January 17, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JANUARY 26. 2006. AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Land Preservation Town Board Members Town Clerk's Bulletin Board Town Attorney . . STATE OF NEW YORK) SS: COUNTY OF' SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ..:13 day of ,2006, she affixed a notice of which the annexed printed notice is a true copy, in a roper 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. Public Hearing: January 31, 2006, 5:15 pm e'/~hmfO~h'/~ lizabeth A. Ne Ille Southold Town Clerk Sworn before ~hiS ~ day o~ ~ A ra;:o' \-~N~ary Public LYNDA M BOHN NOTARYNPUBLlC, Slale of New YOlk . o. 01 B06020932 1i Qualified in Suffolk County erm ExpIres M.~rGh 8, 200~ ,I , ELIZABETH NEVILLE . TOWN CLERK \ - r . \.il_'~t~. Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 -1800 southoldtown.northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER RESOLUTION # 2006-131 Resolution In: 1502 Meeting: Department: Category: 01117/0607:30 PM Land Preservation Misc. Public Hearing THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-131 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 17, 2006: RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday. January 31. 2006. at 5:15 p.m., Southold Town Hall. 53095 Main Road, Southold, New York. as the time and place for a public hearinl! for the purchase of open space on property currently owned by Peconic Land Trust (f/kla Palmeri property). Said property is identified as SCTM #1000-56-5-12.1. The address is 945 Budd's Pond Road, Southold, New York, and is located on the easterly side of Budd's Pond Road approximately 800 feet from the intersection of Budd's Pond Road and Bay Home Road in Southold. The proposed acquisition is for open space and comprises approximately 0.5 acre (subject to survey). The property, having been purchased by the Peconic Land Trust from Irwin and Saundra Palmeri as a bargain sale, has been offered for sale to the Town of Southold, at the same bargain sale purchase price plus acquisition costs associated with the transfer of title. The purchase price for this open space parcel is $5,000 (five thousand dollars) plus acquisition costs. The subject property contains mostly wetlands and borders on Budd's Pond and an existing canal off Budd's Pond. The preservation and protection ofthis property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, and undeveloped shorelines, establishment of parks/nature preserves and recreational areas, and protection of unique and threatened ecological areas. ~I . . The property is not listed on the Town's 2003 Community Preservation Project Plan List of Eligible parcels; however, it is proposed to be added to the plan after a public hearing to amend the List of Eligible parcels is held on January 31, 2006. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has determined that it is unlikely that the parcel is buildable; therefore, no Sanitary Flow Credit is available from this purchase. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ~...t~QF~' Elizabeth A. Neville Southold Town Clerk Page 2