HomeMy WebLinkAboutZoumas Contracting (Hogs Neck II)1000-79-4-17.25
(f/k/a 1000-79-4-17.17)
Baseline Documentation
Premises:
6165 North Bayview Rd (Lot #7)
Sonthold, New York
36.8954 acres
Open Space Acquisition
ZOUMAS CONTRACTING CORP.
to
TOWN OF SOUTHOLD
Deed dated December 1, 2004
Recorded December 16, 2004
Suffolk County Clerk - Liber D00012360, Page 834
SCTM #:
Premises:
1000-79-4-17.25
(f/Ua 1000-79-4-17.17)
6165 N. Bayview Rd
Hamlet:
Southold
Purchase Price:
Funding:
$1,307,937.20
(34.4194 buildable acres
$38,000/acre)
Community
Preservation Fund
(2% land bank)
CPF Project Plan:
Yes
Total Parcel Acreage:
36.8954 acres
Lot #7 on filed conservation
subdivision map - includes:
· 0.8134wetlands arcreage
GA,
· 0.1307wetlands acreage
'g'
· 0.1919 drainage easement
· 1.34 subdivision open
space acreage per
Planning Board's
covenants & restrictions
· 34.4194 buildable acres
Zoned: A-C
Existing Improvements: none in December 2004
VALUATION WITH DEVELOPMENT RIGHTS
A. DESCRIPTION
1. LAND
The subject is a parcel of land having an area of 37.00+ acres. It is part of a larger
parcel which has an irregular shape with 1,396+' of frontage along the northerly side of
North Bayview Road. It has an irregular easterly border which runs a total distance of
1,876+'. it has an irregular northerly border which has 50+' of frontage on Windjammer
Drive (private road), 50+' of frontage on Clipper Drive (private road) and 432+_' of frontage
on Anchor Lane. Its westerly border runs a total distance of 2,224+_'. There is a 1.30+_ acre
out-parcel** located near"he property's easterly side which is in use as a recharge basin.
The subject ~s a 37.00, .acre portion of the above described property. The appraisers have
not been furnished a survey depicting the actual appraised portion but have been
instructed that it will consist of the above described property less 11.00+_ acres at the
southeasterly corner.
The above dimensions are taken from the last deed of record and the Suffolk County
Tax Map.
Utilities (electric and telephone) are available along the property's road frontage.
North Bayview Road is a two way, two lane, publicly maintained macadam paved road.
Public water is not available to the subject.
** An out-parcel is a separate parcel of land located within the boundaries of another property.
GIVEN
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A. DESCRIPTION (CONTINUED)
1. LAND (CONTINUED)
In the addenda to this report, we have included a copy of the Suffolk County Tax Map
which shows the entire property of which the subject of this appraisal is a portion.
The property has a gently rolling topography and is mostly wooded. It is situated at
or near grade with the abutting road and is vacant.
Land use surrounding the subject is primarily vacant, or improved residential
properties.
2. IMPROVEMENTS
The subject is vacant land.
B. PRESENT USE AND OCCUPANCY
The subject is presently vacant.
~GIVEN ~s
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LAND PRESERVATION COMMITTEE MEETING
TUESDAY, APRIL 1, 2003 AT 7:30 P.M.
MINUTES
Present were: Ray Blum, John Sepenoski, Bill Edwards, Eric Keil, Melissa Spiro,
Scott Hughes and Tom Wickham
Melissa discussed tile Zoumas and Forestbrook applications with the Committee.
They are ready to do a conservation easement in the North Bayview Road/Jacobs
Lane area of Southold. Melissa will order an appraisal on these pieces.
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Tax,_Map Locati~)n "1
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sOUTHOLD
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View of Subject - Facing Northerly
View of Subject - Facing Southerly
Year 2003
~G~VEN 72
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SUBJ~CTPHOTOGRAPHS
View Westedy Along North Bayview Road
View Easterly Along North Bayview Road
Year 2003
~GIVEN 73
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Phase I
Environmental Site Assessment
Zoumas Property
1.0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order detem~ine if potential environmental or public health concerns are present. This
report is intended to identify Recognized Environmental Conditions (as defined in ASTM
Standards on Environmental Site Assessments for Commercial Real Estate) on the subject
property based on the four (4) basic components of a Full Phase I Environmental Site
Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting.
The subject property lies in the Hamlet of Southold, Town of Southold, County of Suffolk, New
York. The subject property consists of a 48-acre parcel of vacant, woodland. The property is
located at the northeast comer of Bayview Avenue and North Bayview Road. The property is
lnore particularly described as Suffolk County Tax Map # 1000-079-04-17.17.
The subject property is vacant woodland. Several trails were observed traversing the subject
property. One (1) cleared area was observed close to the southwest comer of the property.
Adjacent to the cleared area, there was an area that appeared to have been used for dumping in
the past. Several large concrete pieces and a few large mounds of concrete were observed in the
vegetation. The property had undulating topography. Two (2) well, including a monitoring well,
were observed in the area south of the cleared area. The purpose of the wells is unknown. Very
little debris was observed on the property. A badly rested 55-gallon drum was observed in
proximity to the wells and the concrete debris. No structures, foundations, staining or stressed
vegetation were observed on the subject property.
A separate tax parcel totaling 1.3 areas is completely surrounded by the subject property and in
proximity to the eastern boundary of the subject property. This area is described as a recharge
basin on the Suffolk County tax map. A large, partially covered, plastic pipe was observed
leading from the subject property into the recharge area. The recharge basin is not a part of this
report. The area is more particularly described as Suffolk County Tax Map # 100-079-4-17.10.
No Sanborn map coverage was available for the subject property. Historic aerial photographs
from 1969, 1976, 1980 and 1994 were reviewed in order to determine past uses of the property.
This review revealed the central area of the property running north from Bayview Avenue to
Anchor Lane was cleared in the 1969 aerial. The cleared area located at the southwest comer of
the property was also visible in this aerial. Revegetation of the cleared area was apparent in the
1976 and 1980 aerials. The USGS Southold Quadrangle maps dated 1956 depicted the subject
property as undeveloped land.
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Zoumas Properl3.,, Southold
Phase 1 ESA
An extensive government records search found no potential sources of environmental
de~adation on the subject property. Several Federal, State and County documented regulated
sites were noted in the vicinity of the subject property. Specifically, one PBS facility, two (2)
closed spill and two (2) LUST incidents located within one-half (0.5) mile of the subject
property.
In conclusion, this assessment has revealed no evidence of recognized environmental conditions
in connection with the subject property, subject to the methodology and limitations of this report.
However, the following recommendations are provided:
1. Debris de removed from the site and properly disposed of.
Well casings on site should be properly abandoned in correspondence with state
protocol.
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Page 2 of 26
i1/28/2004 22:1B 631-287-3790 LISA CLARE KONBRINK PAGE ~3
~OM : ZOU~A$ NO~S FAX NO, : 929 5071
NOV 2 9 2b'04
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FIGURE 1
LOCATION MAP
Zoumas Property, Southold
Phase I ESA
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Source: DeLorme Street Atlas
Scale: Not to Scale
NORTII
FIGURE 2
AEI~L PHOTOGRAPH
Zoamas Property, Southoid
Phase I ESA
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Source: GeoMaps Aerial Phologmpks, t999
Scale: t" = 450'
NORTH
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FIGURE 3
Zoumas Property, Southold
Phase 1 ESA
WATER TABLE MAP
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~0 5;~'
,/~'53324
Source: Suffolk County Water Table Map, 1999
Scale: 1" = 8,000'
53539~''~ ;''"
°75435
51r73 .,-~
57'
"5895
°58958
NORTH
OVERVIEW MAP - 1035419.5s - Nelson, Pope & Voorhis LLC
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Target Property
Sites it eievation$ higher than
or equai to the t~rget property
S~tes at eievabons ~ower thsn
t,~e target p.~opert,/
0o8.1Gzsific2,tion Sites
N~tional Priority List Sites
Landfill Sites
DepL Defense Sites
Federal Weticnds
TARGET PROPERTY:
ADDRESS:
CI?¢ISTATEfZIP:
L&TtLONG:
Zoumas Property
1280 Anchor Lane
Southold NY 11971
4t .0,t49 / 72.4062
CUSTOMER: Nelson. Pope & Voorhis LLC
CON'rACT: Marissa Da Breo
INQU tRY #: 1035419.5s
DATE: August 25, 2003 12:00pm
DETAIL MAP -1035419.5s- Nelson, Pope & Voorhis LLC
Sites at eievat'ons highe' than
TARGET PROPERTY:
ADDRESS:
CITY/STATE~IP:
i_AT/LONG:
Zoumas Property
1280 Anchor Lane
Southold NY 11971
41.0449 t 72.4062
~ 100-year flood zone
i/ 500-year flood zone
CUSTOMER: Nelson, Pope & Voorhis LLC
CONTACT: Marissa Da Breo
INQUIRY#: 1035419.5s
DATE: August 25, 2003 12:00 pm
m
PHYSICAL SETTING SOURCE MAP - 1035419.5s
Zoumas Property
1280 Anchor Lane
Southold NY 11971
~.1.0A49 / 72 4062
/~/ County Boundary
(~,,~ =~rthduake epicenter, Richer 5 or greater
TARGET PROPERTY:
ADDRESS:
CITY/STATE/ZIP:
~T/LONG:
CUSTOMER:
CONTACT:
INQUIRY#:
DATE:
Nelson, Pope & Voorhis LLC
Marissa Da Breo
1035419,5s
August 25, 2003 12:00 pm
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTP. AR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 456 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JULY 29, 2003:
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~ August 12~ 2003~ at 8:05 p.m, Southold Town Itall~ 53095
Main Road~ Southoid~ New York as the time and place for a public hearing for the
purchase of a portion of the property owned by Zoumas Contracting Coro. Said property is
identified as SCTM//1000-79-4-17.17. The property is located on the northerly side of North
Bayvicw Road in Southold. The proposed acquisition is for at, proximately 32.3 acres (subject to
/
survey) of the approximately 47.4 acre parcel.
Elizabeth A. Neville
Southold Town Clerk
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 Southold hereby sets Tuesday, August 12~ 2003~
at 8:05 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the
time and place for a public hearing for the purchase of a portion of the propert~
owned by Zoumas Contracting Corp. Said property is identified as SCTM #1000-79-4-
17.17. The property is located on the northerly side of North Bayview Road in Southold.
The proposed acquisition is for approximately 32.3 acres (subject to survey) of the
approximately 47.4 acre parcel.
Dated: July 29, 2003
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON AUGUST 14~ 2003~ AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
BOX 11Tg, SOUTHOLD, NY 11971.
Copie,, to the following:
Traveler Watchman
Melissa Spiro
Town Clerk's Bulletin Board
Town Board Members
Town Attorney
Zoumas Contracting Corp.
SOUTHOLD TOWN BOARD
PUBLIC HEARING
August 12, 2003
8:05 P.M.
HEARING ON THE PURCHASE OF A PORTION OF THE PROPERTY OWNED BY
ZOUMAS CONTRACTING CORPORATION~ SCTM #1000-79-4-17.17
Present:
Absent:
Supervisor Joshua Y. Horton
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Justice Louisa P. Evans
COUNCILMAN WICKHAM: The remaining seven hearings tonight are hearings for the acquisition of
development rights or open space on properties that have been offered by various landowners to the
Town. And I think on behalf of the Board, it is a pleasure for me and other Board members to
compliment those land owners that have come forward and also the Town's office which is responsible
for bringing these projects to a conclusion here.
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 Southold hereby sets Tuesday, August 12, 2003~ at 8:05 p.m.~ Southold Town Hall~
53095 Main Road~ Southold~ New York as the time and place for a public hearing for the
purchase of a portion of the property owned by Zoumas Contracting Corp. Said property is
identified as SCTM #1000-79-4-17.17. The property is located on the northerly side of North Bayview
Road in Southold. The proposed acquisition is for approximately 32.3 acres (subject to survey) of the
approximately 47.4 acre parcel.
I have a certification that it has appeared on the Town Clerk's bulletin board. It has also appeared as a
public hearing among the newspapers. I have no further official correspondence and I will turn it over
to our Land Preservation Coordinator.
MELISSA SP1RO, LAND PRESERVATION COORDINATOR: Good evening. I'm Melissa Spiro,
Land Preservation Coordinator for the Town. I would just like to mention before I start that there are
seven hearings tonight and there is a map outside that shows the location for all seven, if you want to
try to figure out where they are within the Town. As noted in the public hearing notice, this is a fee
title acquisition. The notice noted that the Town will be acquiring approximately 32 acres. The
preservation area is actually slightly larger than that, and I believe will end up being approximately 36
acres. The property is located within the Agricultural-Conservation Zoning District, otherwise known
Southold Town Board-Public Hearing 2
August 12, 2003
as A-C. It is on our Community Preservation Plan as property that should be preserved and the
purchase will be funded by the Community Preservation Fund. As most of you know, this property
was before the Planning Board for a full density subdivision of 20 plus lots. The Planning Board was
undergoing the environmental review of this project and several others in the vicinity, when the Town
Board adopted the subdivision moratorium. Several months ago, the landowner approached the town
with a new proposal for limited development combined with preservation. The proposal is to sell fee
title to approximately 36 acres as shown in green on the survey in front, and to go before the Planning
Board for approval of a limited development of 5 lots in the approximate area shown in black hatch.
The proposal preserves at least 75% of the property, thus the proposal is exempt from the subdivision
moratorium. The landowner will be able to go before the Planning Board once the Town Board passes
a resolution to proceed with the preservation purchase and the contract is signed by the Supervisor. It is
likely that the preservation purchase will not close until final approval for the limited development is
obtained from the Planning Board, but the town is prepared to close sooner should the landowner wish
to do so. It is expected that the preservation contract will be signed tomorrow, and the Planning Board
plans to hold a special meeting next week in order to expedite the subdivision component of this
preservation project. As noted, the town will be acquiring the fee title to the land. There are existing
trails on the property, and the intent is to maintain and establish a passive recreational trail system, and
to eventually link the trails to other preserved properties. The Land Preservation Committee is
working with the owner of the property to the west, known as Forestbrook, and I expect to be before
you in a few weeks for a similar public hearing on that property. The purchase price of $38,000 per
acre, is supported by an appraisal, and the Land Preservation Committee is in support of this project.
Both the Committee and I recommend that the Town Board proceed with this acquisition. Thank you.
SUPERVISOR HORTON: Thank you, Ms. Spiro. Would anyone care to address the Board on this
public hearing? Yes, sir.
CHRISTOPHER CONLAN: My name is Christopher Conlan and I live on Clipper Drive. The only
question that I have about this and I notice in the legal, it had said that there would be parking areas
set. All the blocks in the Harbor Lights development are all owned by the Homeowners Association
and I would like to know where they plan on putting the parking area and how many cars would it
enable?
MS. SPIRO: ! can answer that. We haven't really done a full-blown management plan for this
property. We are waiting to see which properties come in. There may be a trail-system as I said, so
there may be a separate trail-system. It doesn't necessarily mean that there will be parking on this
particular piece. If there is parking, it will be a very limited parking area and obviously cannot be off
the private roads so it would have to be off one of the public roads. If you go to any of the other nature
preserves that the Town has acquired, they are unpaved three or four car lot paved lots functioning as a
trail head. l can't answer that question exactly where it would be and it depends on ....
MR. CONLAN: When would we be able to find out about it? Would this most likely come off of
North Bayview?
MS. SP1RO: Well, right now that is the only place that it could come off of. There aren't any other,
unless Clipper Drive tums into a public road; there can't be public access from a private road.
Southold Town Board-Public Hearing 3
August 12, 2003
SUPERVISOR HORTON: What we aim for, sir, is with the trail-systems, take for example the most
recent acquisition or the most recent opening of a trail system that is similar to this type of acquisition.
Dam Pond in East Marion, on the eastern edge of the causeway. The trail system and the property has
a very small self-contained parking, gravel lot. I don't know the exact number of cars but it is small,
self-contained, essentially passive recreational venue.
MR. CONLAN: And this would be for the residents of Southold, alone.
SUPERVISOR HORTON: Absolutely. It would be a public park.
MR. CONLAN: Okay, also on the trail system because there are a large number of trails in the
development, motor vehicles. Any driven motor vehicles because....totally out?
SUPERVISOR HORTON: Those are not allowed on any of our current trails.
MR. CONLAN: Okay, thank you.
SUPERVISOR HORTON: Thank you, sir. Are there other comments from the public on this public
hearing?
ED SCHWiNDT: Ed Schwindt, Southold. I mn just curious-how many lots would there be and how
big would they be, in the area of development?
MS. SPIRO: The proposal before the Planning Board which meets the 75% moratorium is for five lots
within the general area of where that black is.
MR. SCHWINN: And they would all be together?
MS. SP1RO: They are all together. You can go to the Planning Board office, they have a proposal
plan there. I kind of drew over mine so but they have that. It has not been approved because of the
way that the moratorium is worded, as we just heard from the hearing before the applicant is not
allowed to go before the Planning Board prior to a signing ora contract. So, he hasn't been able to go
before them for a formal review. But there will be the whole regular subdivision process with public
hearings and everything on the proposed subdivision part of this.
MR. SCHWINDT: But you are planning on five ....
MS. SPIRO: That is what they are allowed, that is what they are planning on ....
MR. SCHWINDT: And how big are the lots?
MS. SPIRO: Where the lots that were proposed based on the two acre zoning could be two acre-they
won't be any larger than two acres. They may be closer, down smaller. I am not sure. Right now I
think they are proposed at just around 80,000 square feet, I think.
MR. SCHW1NDT: Thanks, Melissa.
Southold Town Board-Public Hearing
August 12, 2003
4
SUPERVISOR HORTON: Thank you, sir. Would anyone else care to address the Board?
response) Comments from the Board? (No response) We will close this hearing.
(No
Elizabeth A. Neville
Southold Town Clerk
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOP,2flATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 495 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON AUGUST 12, 2003:
WHEREAS, the Town Board of the Town of Southold wishes to purchase approximately 36.3
acres of the parcel identified as SCTM# 1000-79-4-17.17, at the purchase price of $38,000
(thirty-eight thousand dollars) per acre, pursuant to the provisions of Chapters 6 and 59 of the
Code of the Town of Southold; and
WHEREAS, the proposed uses of the property may include the establishment of a nature
preserve, passive recreational area with trails and limited parking for access purposes; and
WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community
Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code and is funded
pursuant to the provisions of Chapter 6; be it therefore
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; 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 accepted and attached hereto; 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.
Elizabeth A. Neville
Southold Town Clerk
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNL/STED AC1/ONS Only
PART Z-PRO3ECT INFORMATLON (To be completed by Applicant OR Project) Page L of 2
PROPOSED ACT/ON:
New [] Expansion [] Mo~itkaUon
· DE~BE PRO3E~ B~EFLY:
7. AMOUNT OF ~ND AFFE~D:
INfAmY ~ a~es UL~TELY ~ ~ a~es
8. W/LL PROPOSED ACT/ON COMPLY W~'H EXL~T/NG ZONING OR OTHER EX/STLNG LAND USE RESll~CT/ONS?
J~Yes[] No ifNo, demytibebtief/,v
9, WHAT IS PRESENT LAND USE IN V]C/NI'TY OF PRO3ECT?
[~ ResidenUal [] Co Jmercial [] Industrial [] Agriculture [] Park/Forest/Open space []
Other
10. DOES ACT/ON ];NVOLVE A PERM]T APPROVAL, OR FUNDING, NOW OR ULI'~MATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (FEDERAL: STATE OR LOCAL)?
[] Yes~ NO /~.Y~, li~agencT($J;ndpermit/aPPr°val~
11. DOES ANY ASPECT OF THE AC1/ON HAVE A CURRENTLY VAL/D PERMIT OR APPROVAL?
[] Yes [~ No V yes, Ii~t agency(s) and pefmit/approva.~
12. AS RESULT OF PROPOSED ACT[ON WILL EXIS1/NG PERM]T/APPROVAL REQUZRE MODXF[CA1/ON?
[] Yes E~ No
T CERT/FY THAT THE INFORMAl/ON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/spansorName: .ate:
Signature ~z/~~1~-~--'
Zf the action is ~,t~ Coastal Ar~, and you are a state agency, complete the Coastal Assessment Form before
proceeding wit~this assessment
P~RT Tt-ENVJRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2
A. DOES ACT/ON EXCEED ANY TYPE T THRESHOLD TN 6 NYCRR~ PART 6:17.47 Yes~'' No if yes coordinate the rev/ewprocess and uae the fu/I
B. WZLL ACTI/ON RECEIVE COORDTNATED REV/EW AS PROVIDED FOR UN[/STED ACTIONS TN 6 NYCRR, PART 617.67
[] Yes~;;~'No If no, a negative dedaratlbn may be suspended by another involved agency
C. COULD ACT[ON RESULT TN ANY ADVERSE EFFECTS ASSZOC~ATED WlTH THE FOLLOWING:
(Answers may be handwritten, if legible)
Cl. Existing air quality, surfaco or groundwater quality or quantity, noise levels, existing traffic patterns solid waste producaon or
disposal, potential for erosion, drainage or flooding problem? Explain bdefly:
C2. Aesthetic, agricultural, archaeological, histodc or other natural or cultural resources; or communit7 or neighborhood character?
Explain bdefly:
C3. Vegetation or fauna fishes shelifish, or wildlife spedes, significant habitats, or threatened or endangered speoes? Explain bdefly:
C4. A communib/'s existing plans or goals as officially adopted, or change in use or intensity of use o¢ land or other natural resources?
Explain bdefly:
C5. Growth, subsequent development, or related activities likely to be induced by the proposed ac'don? Explain bdefly:
C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain bdef]y:
C7. Other impacts (indudiog changes in use of either quantity of type of energy)?' Explain bdefly:
D. WZLL THE PROJECT HAVE AN TMPACT ON '111E ENVIRONMENTAL CHARACTERZCS THAT CAUSED THE ESTABI. ZSHM ENT OF A
CEA?
[] YesJ~ NO
E. iS THERE, OR TS THERE [/KELY TO BE, CONTROVERSY RELATED TO POTENTTAL ADVERSE ENVIRONMENTAL TMPACTS?
PART [1/- DETERMZNATiON OF SJGNZFJCANCE (To be completed by Age;.~cy)
INSTRUCTIONS: For each adverse effect identified above, determine whether it s substantial, large, or otherwise significant. Each effect should
be assessed in connection with its (a) setang (i.e. urban or rural); probability of ~-,curdng; (c) duration; (dO irreversibility; (e) geographic scope;
and (0 magnitude. If necessary, add attachments or referenco suppedJng materials. Ensure that explanations contain sufficient detail to show
that all relevant adverse impacts have been identified and adequately addressed. If question D of part II was checked yes, the determination and
significance must evaluate the potential impact of the proposed addoo on the environmental characteristics of the (~.A.
[] C~eck this box if you have idenUfied one or more potentially large or significant adverse impacts, which may occur. Then
proceed direcUy to the FULL ENVIRONMETNAL ASSESSMENT FORM and/or prepare a positive declaration.
j~ Gheck th s box f you have determined, based on the mformatioo and an?ys~s abev~ and any.s, uppo~n.g docume.ntatio[.,
that the proposed ac'don WILL NOT result in any significant adverse en~ronmenta ~mpasts AND prowoe on at/~acomen[s
as necossary, the reasens supporting this detelTnination: 50 j~,~r~[o ~,~) ~ ~/'/V ~O~ j~,~
Pdnt of ~ Name ~e Officer in Lead ~en~ T~e of R~nsible ~er
Sign~f R~n~r in Lead ~en~ ff Sig~ture of prepa~Jf different. ~0m of r~bie officer)
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ELIZABETH Ao NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
$outhold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 513 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON AUGUST 12, 2003:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
fee title acquisition of a portion of the property owned by Zoumas Contracting Corp. on the 12th
day of August 2003, pursuant to the provisions of Chapter 6 (Community Preservation Fund) and
Chapter 59 (Open Space Preservation) of the Town Code, at ~vhich time all interested parties
were given the opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM #1000-79-4-17.17 and is located on the
northerly side of North Bayview Road in Southold; and
WHEREAS, the proposed acquisition is for approximately 36.3 acres (subject to survey) of the
approximately 47.4 acre parcel; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved for open space purposes; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the subject property for open space and recreational (trail) purposes; and
WHEREAS, the proposed uses of the property may include the establishment of a nature
preserve, passive recreational area with trails and limited parking for access purposes; and
WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community
Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code and is funded
pursuant to the provisions of Chapter 6; and
WHEREAS, the purchase price is $38,000 (thirty-eight thousand dollars) per acre and the exact
area of the purchase is subject to a survey acceptable to the Land Preservation Committee; be it
therefore
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase
approximately 32.3 acres of the parcel identified as SCTM# 1000-79-4-17.17 at the
purchase price of $38~000 (thirty-eight thousand dollars) per acre~ pursuant to the
provisions of Chapters 6 and 59 of the Code of the Town of Southold.
Elizabeth A. Neville
Southold Town Clerk
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 822 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON NOVEMBER 16, 2004:
RESOLVED that the Town Board of the Town of Southold hereby accepts the donation of a
parcel of real property known as SCTM # 1000-79-04-17.10 and attached drainage
easement for drainage purposes; and it is further
RESOLVED 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 accepted and attached hereto; 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; and it is further
RESOLVED that the Town Board authorizes Supervisor Joshua Y. Horton to execute all
conveyance documents necessary to effectuate the transfer of title to the Town of Southold, all in
accordance with the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
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CLOSING STATEMENT
ZOUMAS CONTRACTING CORP.
to TOWN OF SOUTHOLD
Open Space - 36.8954 total open space acres
0.8134 wetlands acreage ('A')
0.1307 wetlands acreage ('B')
0.1919 drainage easement acreage
1.34 subdivision open space acreage per Planning Bd C&R's
34.4194 buildable acres @ $38,000/acre
Premises: 6165 North Bayview Rd (lot #7), Southold, NY
SCTM #1000-79-4-p/o 17.17 (n/k/a SCTM #1000-79-4-17.25)
Closing held on Wednesday, December 1, 2004
at 10:30 a.m., Conference Room at Southold Town Hall
Purchase Price of
Payable to Patrica C. Moore, Esq., As Attorney
(12/1/04)
$1,307,937.20 disbursed as follows:
Payable to Zoumas Contracting Corp.
(12/1/04)
300,000.00
$ 1,007,937.20
Expenses of Closing:
Appraisal
Payable to Patrick A. Given Associates
(613103)
$ 1,900.00
Survey
Young & Young
(2/1/05)
$ 4,000.00'
*not paid at time of closing
Environmental Report
Payable to Nelson, Pope & Voorhis, LLC
(10/21/03)
$ 1,500.00
Title Report
Payable to Stewart Title Insurance Co.
(12/1/04)
Fee insurance
Recording deed
Recording deed
$ 5635.00
$ 2O0.0O
$ 200.00'
*Deed for Recharge Basin for stormwater run-off
use. Fee not charged to Land Preservation funds.
$ 6,035.00
Title Closer Attendance Fee
Karen Hagen, Esq.
(12/1/04)
$ 75.00
Those present at Closing:
Joshua Y. Horton
Lisa Clare Kombrink, Esq.
John Zoumas
Patricia C. Moore, Esq.
Karen Hagen, Esq.
Melissa Spiro
Melanie Doroski
Southold Town Supervisor
Attorney for Town of Southold
Seller
Attorney for Seller
Title Company Closer
Land Preservation Coordinator
Land Preservation Administrative Asst
_GIV
PATRICK A. GIVEN, SRPA
box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306
(631) 360-3474
FAX 360-3622
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee
53095 Main Road
Southold, N.Y. 11971
April 30, 2003
Property of Zoumas Contracting Corp., S.C.T.M. #1000-79-4-17.17
Located Northerly side of North Bayview Road, Southold, NY
File# 2003181 $1,900.00
YOUNG & YOUNG
400 Ostrander Avenue
Riverhead, New York 11901
Telephone 631-727-2303
Facsimile 631-727-0144
admin C~youngengineering. corn
HOWARD W. YOUNG, Land Surveyor
THOMAS C. WOLPERT, Professional Engineer
ROBERT C. TAST, Architect
RONALD E. PFUHL, Landscape Architect
fi .z4 ogbq ., r. o iv
Invoice Date: 01/11/05
Invoice No. : 23539
Survey No. : 2004-00709
Survey For:
SOUTHOLD,
TOWN OF
Bill To: 930075
MS. MELISSA SPIRO,
TOWN OF SOUTHOLD
P.O. BOX 1179
SOUTHOLD, NY 11971
LAND PRESER
............................ LOCATION
Hamlet: BAYVIEW
Town: SOUTHOLD
Lot #: 7
Subdiv: ZOUMAS CONTRACTING CORP.
Street: NORTH BAY~IEW ROAD
PREPARATION OF TITLE SURVEY (P.O. NO. 12757) 4,000.00
TOTAL: 4, 000.00
Please refer to invoice or survey number on remittance
Nelson, Pope & Voorhis, LLC
572 Walt Whitman Road Phone: 631-427-5665
Melville NY 11747 Fax: 631-427-5620
Invoice
Property: 01219 Project:
Zoumas Property, Southold
Manager: McGinn, Steven
VA01261
To:
Town of Southold
Town Hall, 53095 State Rte 25
P.O. Box 1179
Southhold NY 11971-0959
Attention: Greg Yakaboski
Invoice #: 1988
Invoice Date: October 07, 2003
MAKE CHECKS PAYABLE TO NELSON POPE aVOORHIS Invoice Amount $1,500.00
Contract Item ltl: Prepare Phase I Environmental Site Assessment
Work Performed: 8/21 thru 9/24/03
Contract Amount: $1,500.00
Percent Complete: 100.00%
Fee Earned: $1,500.00
Prior Fee Billings: $0.00
Current Fee Total:
$1,500.00
: *** Total Project Invoice Amount
$1,500.00
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RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 7
Receipt N~mber : 04-0137165
TRANSFER TAX NUMBER: 04-20437
District:
1000
}Deed Amount:
Received the
Recorded:
At:
LIBER:
PAGE:
Section: Block:
079.00 04.00
EXAMINED AND CHARGED AS FOLLOWS
$1,307,937.20
Follo,;ing Fees For Above Instrument Exempt
Page/Filing $21.00 NO Handling
COE $5.00 NO NYS SRCHG
EA-CTY $5.00 NO EA-STATE
TP-584 $5.00 NO Cert. Copies
RPT $30.00 NO SCTM
Transfer tax $0.00 NO Comm. Pres
Fees Paid
TRANSFER TAX NUMBER:
04-20437
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
12/16/2004
09:55:56 AM
D00012360
834
Lot:
017.025
Exempt
$5.00 NO
$15.00 NO
$165.00 NO
$0.00 NO
$0.00 NO
$0.00 NO
$251.00
Number of pages
TORRENS
Serial #
Certificate #
Prior CtE #
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Deed / Mortgage Instrument
Deed/Mortgage Tax Stamp
RECORDED
2004 Doc 16 09:55:5g
Edward P.Romaine
CLERK OF
SUFFOLK COUNTY
L D00012360
Recording / Filing Stamps
4 'l FEES
Page / Filing Fee
Handling
TP-584
Notation
EA-52 17(County) __ SubTotal
CA-5217 (State)
R.P.T.S.A. ~ ~
Comm. of Ed. 5 go
Affidavit
Certified Copy
Reg. Copy
Sub Total
Other
Real Property Tax Service Agency Verification
Dist· I Section I Bilk etJ
04052668 1000 07900 0400 017025
Stamp /~/~T~x
Initials ~
Satishctions/Discharges/Rele~esListPropertyOwnersMailingAddress
RECORD& RETURN TO:
Lisa Clare Kombrink, Esq.
235 Hampton Road
Southampton, NY 11968
Mortgage Amt.
I. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
Or
Spec./Add.
TOT. MTG. TAX
Dual Town Dual County .*~
Held for Apportionment
Transfer Tax r/~
Mansion Tax
The properV covered by this mortgage is o~
will be improved by a one or two fami
dwelling only.
YES or NO
If NO, see appropriate tax clause on page
~o,~t~}~ ru n,ent
6 Coramffnity Preservad.._oon
Consideration Amout~'~l, 307,937.
CPF Tax Due $ -~-
Improved --
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] Title Company Information
ICg. Name Stewart Title Insurance Company
Title # 23-S-3147
Suffolk County Recording & Endorsement Page
Tiffs page fom~s part of the attached Deed made by
(SPEC1FY TYPE OF INSTRUMENT )
Zoumas Contrac ting Corp. ~llle premises herein is situated in
SUFFOLK COUNTY, NEW YORK~
TO In the 'Fownship of Southold
Town of Southold In the VILLAGE
or HAMLET of Southold
BOXES 5 it IRU 9 MUSI' BE TYPED OR PRINI'ED IN BLACK INK ONLY PRIOR TO RECORDiNG OR FILING.
(OVEfi
Dist. 1000
Sec. 079.00
Blk. 04.00
Lot~ 17~
THl~lNO~madetbo }~ d~yoi December
Zoumas Contracting Corp.
No # Route 25A
P.O. Box 361
Wading River, NY 11792
, in the year 2004
~rty ofthefir~part,~nd
Town of Southold
53095 Main Road
P.O. Box 1179
Southold~ NY 11971
WITN~,~ETH, that the party of the fi~t lpa.tin cons, de~t,o~ of Te~
This Deed is made by the Grantor in the usual course of its business.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streots and
roads abutting the above described premises to the center lines thereof; TOGETHER wiXh the appurtenances
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second Fart, the heirs or successors and assigns of
the party of the second part forever.
AND the party of the first part covenants tthat,the party of the first part has not done or suffered anything
whereby the said premises have been encunib6red itl any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and ~vill hold the right to receive such consid-
eration as a trust fund to be applied first for lhe purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The ~,ord "party" shall he construed as if it read "parties" whenever the sense of this indenture so requires.
IN wrI'NESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
By: -
Onthe I~ayof ~etelubeN. the year 200boeforem¢,the
i n divi~ff~a kien ~ll~nt
STATE OF NEW YORK)
COUNTY OF )
On the __ day of in the year before me, the
undersigned, personally appeared ,
evidence to be the individual(s) whose name(s) is (are) subscribed to
the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capecgy(ies), and that by
histhcr/their signa~re(s) on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the
Signature and Office of
individual taking acknowledgment
Notary Public
KAREN J. HAGEN
NOTARy PUBLIC, S?,~e of
* For acknowledgments taken in New York State. No. 02HA49, 70;'i'
Commission Exp res ~rc!l ~ ,~
On the __ day of in the year before me, the undersigned, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacii~(ies), that by his/her/their signature(s)
on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such
individual made such appearance before the undersigned in the (Insert the city or other political
subdivision and the state or country or other place the acknowledgment was taken)
** For acknowledgments taken outside of New York State.
Zoumas Contracting Corp.
TO
Town of Southold
First American Title Insurance Company
of New York
-I
Signature and Office of
individual taking acknowledgment
s£cz~oN 079.00
BLOCK 04.00
LOT p/o 17.17
COUNTY~Ki<~< Suffolk
Lisa Clare Kombrink, Esq.
235 Hampton Road
Southampton, NY 11968
Stewart Title Insurance Company
Title Not 23-S-3147
Schedule A Description
(AMENDED 11/30/2004)
Parcel I description-lam.t-~Tax Lot 17~
ALL that certain plot piece or parcel of land lying situate and being at Bayview, Town of
Southold, County of Suffolk and State of New York being more particularly bounded and
described as follows:
BEGINNING at a raih'oad spike set at the intersection of the intersection of the northerly
side of North Bayview Road with the easterly side of "North Road to Bayview"; and
RUNNING THENCE North 02 degrees 39 minutes 20 seconds east along the east side
of North Road to Bayview 122.11 feet to a monument and "Map Of Bayview Woods Estates"
Map Number 5520;
THENCE along the easterly line of said "Map of Bayview Woods Estates", Map Number
5520;
1)
2)
3)
North 26 degrees 5~ minutes 5~; seconds east 285.63 feet;
North 27 minutes 15 minutes 10 seconds east 1308.15 feet;
North 26 degrees 26 minutes 00 seconds east 475.00 feet to the south side of
Anchor Lane.
THENCE easterly along the southerly side of Anchor Lane
1)
2)
3)
South 67 degrees 11 minutes 25 seconds east 256.63 to a monument;
North 27 degrees 34 minutes 20 seconds east 18.47 feet to a monument;
South 64 degrees 05 minutes 10 seconds east 175.20 feet to the westerly side of
"Harbor Lights Estates Section 4," Map Number 7703.
RUNNING THENCE along said Map of Harbor Lights Estates Section 4, Map Number
7703
1) South 25 degrees 54 minutes 50 seconds west 129.60 feet;
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.
2)
3)
4)
5)
6)
7)
8)
South 25 degrees 50 minutes 30 seconds west 90.40 feet;
South 30 degrees 48 minutes 30 seconds west 763.46 feet;
South 27 degrees 25 minutes 20 seconds west 133.91 feet to an iron spike;
South 57 minutes 33 minutes 30 seconds east 384.55 feet to an h-on spike
North 26 degrees 24 minutes 00 seconds east 337.46 feet;
North 47 degrees 08 minutes 30 seconds east 302.85 feet;
North 37 degrees 25 minutes 40 seconds east 120.94 feet to a monument and land
now or formerly Albert Bertos & Rosemmy Bertos;
THENCE along said land now or formerly of Bertos and along the south side of a Right
of Way south 64 degrees 05 minutes 10 seconds east 265.00 feet;
THENCE north 25 degrees 54 minutes 50 seconds east 200.00 feet to an iron spike;
TItENCE south 64 degrees 05 minutes 10 seconds east 181.00 feet to a monument and
"Map of Harbor Lights Estates Section 3", Map Number 05147.
THENCE along said "Map of Harbor Lights Estates Section 3, Map Number 05147
l)
2)
3)
4)
South 26 degrees 15 minutes 40 seconds west 582.27 feet;
South 45 degrees 58 minutes 20 seconds west 208.62 feet;
South 32 degrees 21 minutes 30 seconds west 344.39 feet;
South 17 degrees 01 minutes 50 seconds west 113.45 feet to other lands of
Zoumas Contracting Corp.
TItENCE along other lands of Zouras Contracting Corp.;
1)
2)
3)
4)
5)
6)
North 46 degrees 52 minutes 47 seconds west 387.57 feet;
South 72 degrees 24 minutes 58 seconds west 479.02 feet;
South 12 degrees 43 minutes 46 seconds west 457.98 feet to the northcriy side of
North Bayview Road;
North 73 degrees 05 minutes 20 seconds west, 197.18 feet;
North 72 degrees 56 minutes 00 seconds west, 180.22 feet;
North 73 degrees 51 minutes 20 seconds west, 240.67 feet to the easterly side of
"North Road to Bayview" the true point of BEGINNING.
Excepting therefrom the Recharge Basin shown on Map of Harbor Lights Estates Section
4, Map Number 7703.
Subject to an easement in favor of the Recharge Basin from the southerly terminus of
Clipper Drive to the Recharge Basin;
Parcel II (Tax Lot 17.10) Recharge Basin
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.
ALL that certain plot, piece or parcel of land lying situate and being at Bayview, Town of
Southold, County of Suffolk and State of New York known and designated as a "Recharge
Basin" on a certain map entitled "Map of Harbor Lights Estates Section 4", Map Number 7703,
said recharge basin being more particularly bounded and described as follows:
BEGINNING at the southwest corner of the recharge basin, which said point is located
the following courses and distances from an iron spike set at the intersection of the southwesterly
terminus of Clipper Drive with the southeasterly corner of Lot 82 as shown on said Map of
Harbor Lights Estates Section 4, Map Number 7703;
1)
2)
South 57 degrees 33 minutes 30'seconds east 215.37 feet to an iron spike;
South 57 degrees 33 minutes 30 seconds east 243.76 feet to the true to the point or
place of BEGINNING.
And from said true point or place of BEGINNING:
1)
2)
3)
4)
5)
North 06 degrees 09 minutes 40 seconds east 220.00 feet;
Along an arc of a curve which bears to the right having a radius of 139.95 feet a
distance of 117.83 feet;
South 42 degrees 00 minutes 00 seconds east 282.24 feet;
South 41 degrees 27 minutes 30 seconds west 238.81 feet;
North 57 degrees 33 minutes 30 seconds west 132.75 feet to the true to the point
or place of BEGINNING.
Together with a drainage easement and maintenance appurtenant to said drainage
easement over the parcel immediately adjacent west to and from the southerly terminus of
Clipper Drive said easement being more particularly bounded and described as follows:
BEGINNING at an iron pipe set in the intersection of the westerly side of Clipper Drive
with its southerly terminus; and
RUNNING THENCE south 57 degrees 33 minutes 30 seconds east 215.37 feet;
THENCE south 52 degrees 23 minutes 57 seconds east 65.49 feet;
THENCE south 57 degrees 31 minutes 28 seconds east 272.65 feet;
THENCE north 09 degrees 55 minutes 14 seconds east 6.55 feet;
THENCE south 57 degrees 33 minutes 30 seconds east 16.24 feet;
THENCE south 09 degrees 55 minutes 14 seconds west 22.80 feet;
THENCE north 57 degrees 31 minutes 28 seconds west 295.79 feet;
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.
TItENCE north 57 degrees 33 minutes 30 seconds west 211.80 feet;
TItENCE north 21 degrees 30 minutes 00 seconds east 15.28 feet to the iron pipe, the
point or place of BEGINNING.
TOGETHER with all right, title and interest of the party of the lb'st part, in and to the land lying
in the street in front of and adjoining said premises.
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
N%unber of Pages: 5
Receipt Number : 04-0137165
TRANSFER TAX NUMBER: 04-20436
District:
1000
~eed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
079.00 04.00
EXAMINED AND CHARGED AS FOLLOWS
$o.00
Received the Following Fees For Above Instrument
Exempt
Page/Filing
COE
EA-CTY
TP-584
RPT
Transfer tax
TRANSFER TAX NUMBER:
$15
$5
$5
$5
$30 00
$0 00
00 NO Handling
00 NO NYS SRCHG
00 NO EA-STATE
00 NO Cert. Copies
NO SCTM
NO Comm. Pres
Fees Paid
04-20436
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
12/16/2004
09:55:56 AM
D00012360
833
Lot:
017.010
Exempt
$5.00 NO
$15.00 NO
$165.00 NO
$o.00 NO
$0.00 NO
$0.00 NO
$245.00
Number of pages ~
TORRENS
Certificate #
Prior Ct£ #
Deed / Mortgage Instrument
al
Deed /
FEES
Recording / Filing Stamps
Page / Filing Fee
Haudling
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
Comm. of Ed.
Affidavit
Certified Copy
Reg. Copy
Other
Sub Total
500
Sub Total
GRAND TOTAL
~'~'~Re~ Property Tax Service Agency Verification
I Dist. I Section I Block
Stamp 04052666 ~.ooo 07900 0400 owo~o
~ns/Discharges/Releases List Property Owners Marlin
..--I RECORD & RETURN TO:
Lisa Clare Kombrink~ Esq.
Lot
Mortgage Amt
I, Basic Tax
2. Additional Tax
Sub Tolal
Spec./Assfi.
Or
Spec./Add.
TOT. MTG. TAX
Dual Town Dual Coanty-
Held for Apportionment _
Transfer Tax ~
Mansion Tax
The proper~ covered by this mortgage is or
will be improved by a o,e or two ram ily
dwelling only.
YES or NO
If NO, see appropriate tax clause on page #
__o th'sins merit.
~wation Fund
Consideration Amount $ - 0 -
CPF Tax Due $ - 0 -
/acant Land
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Title Company Information
Co. Name Stewart Title Insurance Company
Title # 23-S-3147
Suffolk County Recording & Endorsement Page
~his page fom~s part of the attached
Zoumas Contracting Corp.
TO
Town of Southold
Deed
made by:
(SPECIFY TYPE OF INSTRUMENF )
The prenfises herein is situated in
SUFFOLK COUNI~, NEW YORK.
In the Township of Southold
In the VlLLAGE
or HAMLET of Southold
13OXES 5 'I HRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR HLING.
(OVER)
Dist. 1000
Sec. 079.00
Blk. 04.00
Lot 017.010
INOFg.~ made the I ~ q'~ day of
Zoumas Contracting Corp.
No # Route 25A
P.O. Box 361
Hading River~ NY 11792
December , in the year 2004
~rtyofthe fir~part, and
Town of Southold
53095 Main Road
P.O. Box 1179
Southold, NY 11971
party of the second part,
WlTN~.~'T]'I, that the party of the first part, in consideratlo,n of Ten D~llars a~nd ott .h~e_r :~ecotmn~le.~c~tn. sl
paid by the party of the second part, does hereby grant and release unto tne party OL L.* g" ,
or Successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,
lying amd being in the
SEE SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF, together with a
drainage easement and maintenance appurtenant to said drainage easement
as described in attached Schedule A.
BEING AND INTENDED TO BE a portion of the premises conveyed to the Gran
by Deed dated 8/9/2001, and recorded 8/28/2001 in Liber 12138 at Page 3
the Suffolk County Clerk's Office.
This Deed is made by the Grantor in the usual course of its business.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any str~
roads abutting the above described premises to the center lines thereof; TOGETHER w~th the appurl
and all the estate and rights of the party of the first part in and to mid premises; TO HAVE
HOLD the premises herein granted unto the party of the second part, the heirs or successors and as
the party of the second part forever.
AND the party of the first part covenants that 0he:l~irty of the first part hd.s:~ao~ done or suffered a
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 ]
the first part will receive the consideration for this conveyance and will hold the right to receive such
eration as a trust fund to be applied first for {he purpose of paying the cost of the improvement and wi
tbe same first to the pa) ment of the cost of the improvement before using any part of the total of the
any other purpose.
The word "pariy" shall be construed as if it read "parties" whenever the sense of this indenture so
IN WrrNF..~ WHF_.REOF, the party of the first part has duly executed this deed the day and year fir:
By:
COUNTY ~F SUFFOLK)
~.me dayofDeeember intheyear 2004beforeme, the
evidence to he the individual(s) whose narae(s) is (are) subscribed to
person upon behalf of which the individual(s) acted, executed the
COUNTY OF )
evidence to be the individual(s) whose name(s) is (are) subscn
executed the same in his/her/their capacity(les), and that by
person upon behalf of which the individual(s) acted, executed
Notary Public
M. AR~N d. HAGEN
* For acknowledgments taken in New York State. NOTARY PUBLIC, 8rate of N~,t York
NO, 02HA4927029
Qualified in Suffolk County /1~
Commission Expires Mard/i 21, 20 ~,
** State, District of Columbia, Territory~ Possession, or Foreign Country
On the day of. in the year. before me, the undersigned, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed
within instrument and acknowledged to me that he/she/they executed the same in his/her/theH capacity(les), that by hie/her/their signatu~
on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the insn'umenb and that such
individual made such appearance before the undersigned in the (Insert the city or other pc
subdivision and the state or country or other place the acknowledgment was taken)
For acknowledgments taken outside of New York State.
Signature and Office of
individual taking acknowledgment
TO
Town of Southold
First American Title Insurance Company
of New York
SECTION 079.00
BLOGK 04.00
tot 017.010
COUNTY C~(.g~]~I Suffolk
Lisa Clare Kombrink, Esq.
235 Hampton Road
Southampton, NY 11968
(Tax Lot 17.10) Recharge Basin
ALL that certain plot, piece or parcel of land lying situate and being at Bayview, Town of
Southold, County of Suffolk and State of New York known and designated as a "Recharge
Basin" on a certain map entitled "Map of Harbor Lights Estates Section 4", Map Number 7703,
said recharge basin being more particularly bounded and described as follows:
BEG INNING at the southwest corner of the recharge basin, which said point is located
the following courses and distances from an iron spike set at the intersection of the southwesterly
terminus of Clipper Drive with the southeasterly corner of Lot 82 as shown on said Map of
Harbor Lights Estates Section 4, Map Number 7703;
1) South 57 degrees 33 minutes 312 seconds east 215.37 feet to an iron spike;
2) South 57 degrees 33 minutes 30 seconds east 243.76 feet to the true to the point or
place of BEGINNING.
And fi.om said true point or place of BEGINNING:
1) North 06 degrees 09 minutes 40 seconds east 220.00 feet;
2) Along an arc of a curve which bears to the right having a radius of 139.95 feet a
distance of 117.83 feet;
3) South 42 degrees 00 minutes 00 seconds east 282.24 feet;
4) South 41 degrees 27 minutes 30 seconds west 238.81 feet;
5) North 57 degrees 33 minutes 30 seconds west 132.75 feet to the tree to the point
or place of BEGINNING.
Together with a drainage easement and maintenance appurtenant to said drainage
easement over the parcel immediately adjacent west to and from the southerly terminus of
Clipper Drive said e,~,ement being more particularly bouaded and described as follows:
i
BEGINNING at an iron pipe set in the intersection of the westerly side of Clipper Drive
with its southerly terminus; and
RLrNNING TItENCE south 57 degrees 33 minutes 30 seconds east 215.37 feet;
THENCE south 52 degrees 23 minutes 57 seconds east 65.49 feet;
TltENCE south 57 degrees 31 minutes 28 seconds east 272.65 feet;
THENCE north 09 degrees 55 minutes 14 seconds east 6.55 feet;
THENCE south 57 degrees 33 minutes 30 seconds east 16.24 feet;
THENCE south 09 degrees 55 minutes 14 seconds west 22.80 feet;
THENCE north 57 degrees 31 minutes 28 seconds west 295.79 feet;
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.
TIIENCE north 57 degrees 33 minutes 30 seconds west 211.80 feet;
THENCE north 21 degrees 30 minutes 00 seconds east t5.28 feet to the iron pipe, 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.
T
I
T
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E
P
0
L
I
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Y
ALTA OWNER'S POLICY - 10-17 92
POLICY OF TITLE INSURANCE ISSUED BY
STEWART 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
Schedule A, sustained or incurred by the insured by reason of:
t. 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 TI'I?LE®
Countersigned by:
Secretary
EXCLUSIONS FROM COVERAGE
The [aJlowieg matters ale expressly excluded ftom the coverage of this policy and the Company will nor pay loss or damage, casts, aHomeys' fees or expenses which arise by reason
o[:
1. (a) Any law, ordinance or governmental regulation (including hut not limited to building and zoning laws, ordinances, or regulations) Iestrictiag, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the charader, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separafioe in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the el[ed of any violation of these
laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land bas been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the exieet that a notice of the exemise thereof or a notice of a defect, lien °r encumbrance resulting
from n violation or alleged violation affecting the lend has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exemise thereof has been recorded in the public records at'Date of Policy, but eot excluding ftom c°verage any taking which has
occurred prior 1o Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3 Defects, liens, encumbrances, adverse claims al otbel madam:
(a) cleated, suflCered, assumed al agreed to by the insured claimant;
(b) not known to the Company, not recorded in the pubtJc recolds at Date of Policy, hut known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured daimanl;
(d) eft'aching er created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained ifthe insured claimant had paid value for the estate al intelest insured bY this p°licy.
4. Any claim which arises out of the transadion vesting in the Insured the estale al interest insured by this policy, by reason of the operalion of federal bankruptcy, state
insolvency, or similar creditors' rights Jews, that is based on:
(a) the tronsaclion creaDng the estate or interest insured by this policy being deemed e fteudulent conveyance or fraudulent ttansfer; °r
(b) the transaction cleating the estate al interest insured by this policy being deemed a preferential haosfer except where the Ple[erentiol transfel results ft°m the failure:
(i) to timely record the inshument of transfer; or
(ii) of such lecordation to impad notice to a purchaser for value or a judgalent or lien creditor.
' 0-8831- 321E;44
Phone:
Stewart Title Insurance Company
125 Baylis Road Suite 201
Melville New York 11747
(63D 501-9615 Fax: (631) 501-9623
Date: November 30, 2004
Title No: 23-S-3147
Greg YakabosM
Town of Southold, Office of Town Attorney
53095 Route 25
P.O. Box 1179
Southold, New York 11971
Borrower/Current Owner:
Premises:
Town of Southold
1280 Anchor Lane
Southold, New York
In reference with the above captioned transa,.:tion, enclosed please find the following:
Owners Title Policy
NOTE: Any corrections or questions, please do not hesitate to call.
ALTA OWiXIEK'S POLICY
SCHEDULE A
Title No.: 23-S-3147
Date of Policy: Decemb r 1,2004
Policy No.: O-8831-321644
Amount of Insurance: $1,307,937.20
1. Name of Insured:
Town of Southold
County: Su flblk
The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
Title to the estate or interest in the land is vested in:
Town of Soulhold, who acquired title by virtue of a deed from Zoumas:Conlracfing Corp., by deeds
dated 12/1/04 and to be recorded in the Suffolk County Clerk's/Regis let'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: 079,00
Block: 04.00
Lot: 017.017 n/k/a
017.025 and Lot 01T010
4612 (7/93) Page2 $ T E W A R T T I T L E
INSURANCE COMPANY
Stewart Title Insurance Company
Title No: 23-S-3147
PolicyNo.: o 8831-32164,1
Schedule A Description
Parcel I description Part of Tax Lot 17.17 n/k/a 017.025
ALL that certain plot piece or parcel of land lying situate and being at Bayview, Town of
Sonthold, County of Suffolk and State of New York being more particularly bounded and
described as follows:
BEGINNING at a railroad spike set at the intersection of the intersection of the northerly
side of North Bayview Road with the easterly side of North Road to Bayv~ew , and
RUNNING THENCE North 02 degrees 39 minutes 20 seconds east along the east side
of North Road to Bayview 122.11 feet to a monument and "Map of Bayview Woods Estates"
Map Number 5520;
THENCE along the c~tsterly line of said "Map of Bayview Woods Estates", Map Number
5520;
North 26 degrees 50 minutes 50 seconds east 285.63 feet;
North 27 minutes 15 minutes 10 seconds east 1308.15 feet;
North 26 degrees 26 minutes 00 seconds east 475.00 feet to the south side of Anchor Lane.
THENCE easterly along the southerly side of Anchor Lane
South 67 degrees 11 minutes 25 seconds east 256.63 to a monument;
North 27 degrees 34 minutes 20 seconds east 18.47 feet to a monument;
South 64 degrees 05 minutes 10 seconds east 175.20 feet to the westerly side of"Harbor Lights
Estates Section 4," Map Number 7703.
RUNNING THENCE along said Map of Harbor Lights Estates Section 4, Map Number 7703
South 25 degrees 54 minutes 50 seconds west 129.60 feet;
South 25 degrees 50 minutes 30 seconds west 90.40 feet;
South 30 degrees 48 minutes 30 seconds xvest 763.46 feet;
South 27 degrees 25 minutes 20 seconds west 133.91 feet to an iron spike;
South 57 minutes 33 minutes 30 seconds east 384.55 feet to an iron spike
North 26 degrees 24 minutes 00 seconds east 337.46 feet;
~ightP'&x 1Z/1/200~ ll:Z'/ PAQ~ O0~/OOb ~'ax berver
North 47 degrees 08 minutes 30 seconds east 302.85 feet;
North 37 degrees 25 minutes 40 seconds east 120.94 feet to a monument and land now or
formerly Albert Bertos & Rosemary Bertos;
THENCE along said land now or fom~erly of Bertos and along the south side of a Right of Way
south 64 degrees 05 minutes 10 seconds east 265.00 feet;
THENCE north 25 degrees 54 minutes 50 seconds east 200.00 feet to an iron spike;
THENCE south 64 degrees 05 minutes 10 seconds east 181.00 feet to a monument and
"Map of Harbor Lights Estates Section 3', Map Number 05147.
THENCE along said "Map of Harbor Lights Estates Section 3, Map Number 05147
South 26 degrees 15 minutes 40 seeonds west 582.27 feet;
South 45 degrees 58 minutes 20 seconds west 208.62 feet;
South 32 degrees 21 minutes 30 seconds west 344.39 feet;
South 17 degrees 01 minutes 50 seconds west 113.45 feet to other lands of Zoumas Contracting
Corp.
THENCE along other lands of Zouras Contracting Corp.;
North 46 degrees 52 rranutes 47 seconds west 387.57 feet;
South 72 degrees 24 minutes 58 seconds west 479.02 feet;
South 12 degrees 43 minutes 46 seconds west 457.98 feet to the northerly side of North Bayview
Road;
North 73 degrees 05 minutes 20 seconds west, 197.18 feet;
North 72 degrees 56 minutes 00 seconds west, 180.22 feet;
North 73 degrees 51 minutes 20 seconds west, 240.67 feet to the easterly side of "North Road to
Bayview' the true point of BEGINNING.
Excepting therefrom the Recharge Basin shown on Map of Harbor Lights Estates Section 4, Map
Number 7703.
Subject to an easement in favor of the Recharge Basin from the southerly terminus of Clipper
Drive to the Recharge Basin;
Parcel II (Tax Lot 17.10) Recharge Basin
ALL that certain plot, piece or parcel of land lying situate and being at Bayview, Town of
Southold, County of Suffolk and State of New York known and designated as a "Recharge
Basin" on a certain map entitled "Map of Harbor Lights Estates Section 4", Map Number
7703, said recharge basin being more particularly bounded and described as follows:
HightFax 12/112004 11:27 PAGE 004/005 Fax 58rver
BEGINNING at the southwest comer of the recharge basin, which said point is located
the following courses and distances from an iron spike set at the intersection of the southwesterly
terminus of Clipper Drive with the southeasterly corner of Lot 82 as shown on said Map of
Harbor Lights Estates Section 4, Map Number 7703;
South 57 degrees 33 minutes 30 seconds east 215.37 feet to an iron spike;
South 57 degrees 33 minutes 30 seconds east 243.76 feet to the true to the point or place of
BEGINNING.
And from said true point or place of BEGINNING:
North 06 degrees 09 minutes 40 seconds east 220.00 feet;
Along an arc of a curve which bears to the right having a radius of 139.95 feet a distance of
117.83 feet;
South 42 degrees 00 minutes 00 seconds east 282.24 feet;
South 41 degrees 27 minutes 30 seconds west 238.81 feet;
North 57 degrees 33 minutes 30 seconds west 132.75 feet to the tree to the point or place of
BEGINNING.
Together with a drainage easement and maintenance appurtenant to said drainage easement over
the parcel inunediately adjacent west to and from the southerly terminus of Clipper Drive said
easement being more particularly bounded and described as follows:
BEGINNING at an iron pipe set in the intersection of the westerly side of Clipp2r Drive with its
southerly terminus; and
RUNNING THENCE south 57 degrees 33 minutes 30 seconds east 215.37 feet;
THENCE south 52 degrees 23 minutes 57 seconds east 65.49 feet;
THENCE south 57 degrees 31 minutes 28 seconds east 272.65 feet;
THENCE north 09 degrees 55 minutes 14 seconds east 6.55 feet;
THENCE south 57 degrees 33 minutes 30 seconds east 16.24 feet;
THENCE south 09 degrees 55 minutes 14 seconds west 22.80 feet;
THENCE north 57 degrees 31 minutes 28 seconds west 295.79 feet;
THENCE north 57 degrees 33 minutes 30 seconds west 211.80 feet;
THENCE north 21 degrees 30 minutes 00 seconds east 15.28 feet to the iron pipe, the
point or place of BEGINNING.
12/1/2004 11:30 PAGE 003/004 Fax 5®rver
ALTA OWNER'S POLICY
SCHEDULE B
Title No.: 23-S-3147 Policy No 0-8831-321644
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.'
1. Rights of tenant(s) or person(s) in possession, if any.
2. Subjectto water charges, if any.
3. As to PARCEL I (conservation piece)
4. Survey by Howard W. Young dated 11/18/2004 shows prenfises and more. Survey reading as to subject
parcel shows vacant land. Freshwater wetlands area located, portion of premises subject to drainage
easement as located, subject to rights of others over "earth road" as located at southwest comer of premises.
Wire fence and cedars vary with record line, wire fencing from Lots 17 and 15 and lawn from Lot 11 Map
Number 5520 encroach onto subject premises, wood box and landscape ties from Lot 50 of Harbor Lights
Estates Section 3 Map Number 5147 also encroach onto subject premises; lawn from Lots 80 and 81 of
Harbor Lights Estates Section 4 Map Number 7703 also encroach onto subject premises up to 27.6 feet.
Lawn from Lot 81 of Harbor Lights Estates Section 4 Map Number 7703 also encroaches onto subject
premises up to 19.5 feet south; frame shed encroaches onto subject up to 1.1 feet east of westerly line.
5. As to PARCEL II (Recharge Basin)
6. Survey by Howard W. Young dated 11/18/2004 shows premises and more survey reading as to recharge
basin finds premises vacant and landlocked. Freshwater wetlands located.
7. Right of Ways set forth in Liber 1056 page 527 and Liber 1057 page 486.
8. Subject to the Ingress and Egress for Lot 17.10.
9. Covenants and Restrictions in Liber 12329 page 39 and 12314 page 392.
10. Right of Ways set forth in Liber 1056 page 527 and Liber 1057 page 486. (Copies herein)
1L Subject to the Ingress and Egress for Lot 17.10.
12. Covenants and Restrictions in Liber 12329 page 39 and 12314 page 392.
13. Subject to any restrictions under the Tidal Wetland Act/Freshwater Wetlands Act.
14. As to Parcel II only:
4613 (2/93 Page 3
STEWART TITLE
INSURANCE COMPANY
RightFa× 12/1/2004 11:30 PAU500~/OOq tax ~erver
ALTA OWNER'S POLICY
Premises under examination is an interior parcel which does not abut on a street or highway. No easement
or right of way for access to and from said prenfises to a public street or highway is insured.
15. Company excepts possible rights of others than the insured, in, to, and over the unpaved dirt roads as shown
on the survey herein as described in Schedule "A', but policy will insure that the use for Open Space
Preservation and Water Protection will not be disturbed by reason thereof and that fee title remains in the
insured.
4613 (2/93 Page 3 S T E W A R T T I T L E
I blSU RAblCE COMPANY
S I'E WART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
Title No.: 23-S-3147
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
ATTACHED TO AND MADE A PART OF POLICY NUMBER
O-8831-321644
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:
"(d) 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 construed 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 December 1, 2004
Stewart Title Insurance Company
Sign.e.~ by:
Authorized Office or Agent
Stewart Title Insurance Company
125 Baylis Road Suite 201
Melville, New York 11747
Agent No.: 327005
STEWART TITLE
INSURANCE COMPANY
STANDARD NEW YORK ENDORSEMENT (9/1/93)
FOR USE WITH ALTA OV~NER'S POL1CY (10/17/92)
CONDITIONS AND STIPULATIONS
1. DEFINITION OFTERNLS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or defenses
the Company would have had against the named insured, those who succeed 1o the interest
of the named insured by opelation of law as distinguished from purchase including, but not
limited to, beds, distribatees, devisees, sumivors, pmsonal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant": ea insured claiming Joss or damage.
(c) "knowledge" al "known": actual knowledge, not constructive knowledge al notice
which may be imputed to an insured Hy reason of the public records as defined in this policy
or any other recolds which impalt constructive notice of mailers affeding the land
(d) "land": the land desctibed or referred to in Schedule A, ead improvements affixed
thereto which by law constitute mai property The term "land" does not include any properh/
beyond the lines of the area desclibed al refelred to in Schedule A, nor any right` title,
interest, estate or easement in abutting streets, roods, avenues, alleys, lanes, ways or
waterways, hut nothing herein shall modify ar limit lhe extenl to which a light of access 1o
and from the land is insured by this policy.
(e) "mortgage': mortgage, deed of trust, trust deed, or other securgy instrument
(f) "public records": records established undel slate statutes at Date of Policy roi the
purpose of impeding constructive notice of mai~ers relating to real prope~ to purchasers for
value and without knowledge. With cesped to Section J(o)(iv) of the Exdusions From
Coverage, "public records" shall also include environmental protection liens filed in the
recocds of the clerk of the Uniled Sta~es district coud for the district in which the land is
located.
(g) "unmarketability of the tPle": an alleged al apparent matter affecting the title to
the land, not excluded or excepted from coverage, which would entitle a purchaser of the
estate or interest described in Schedule A to be released from the obligation to pulchase by
virtue of a contradual condition Inquiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of aa
insured only so loan as the insured retains an estate or interest in the land, or holds on
iadebtednass secured by a purchase money morigage given by a purchasel from the insured,
or only so long as the insured shall have liabilily by mason of covenants of warranty made by
the insured in any transJer or conveyance of the estate or ietelest. This policy shall not
continue in force in favor of any purchaser from the insured of either (i) an estate or interest
in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the
insured.
3. NOTICE OF CLAIM TO BE 61VEN BY INSORED CLAIMANT.
The insured shall noti~ the Company promptly in writing (i) in case of any litigation as
set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of
any claim of title or interest which is adverse to the title to the estate or iatemst, as insured,
and which might cause loss or damage for which the Company may he liable by virtue of this
policy, or (iii) if title to the estate or interest, as insured, is rejed'ed es unmarketable tf
prompt notice shall not be given to the Company, then as to the insured ail liability of the
Company shall terminate with Iegard to toe mailer or mailers for which prompt notice is
required; provided, however, that failure to notify the Compaey shall in no case prejudice the
rights of any insured onder this policy unless the Company shall be prejodiced by the failure
and then only to the exienl of the preiudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUI'( OF INSURED CLAIMANT TO
COOPERATE.
(a) Upon written request by the insured and sehject to the options contained in Sedion
6 of these Conditions and Stipulations, the Company, at its own cost and without
unreasonable delay, shawl provide for the defense of an insured in litigation in which any third
parly asserts a claim adverse to the title or inlemst as insured, but only as to those stated
causes of action ollegiag a dated, lien or encumbrance or other mattel insured against by this
policy. The Company shall have the right to select counsel of il~ own choice (subject to the
right of the insured to object for reasonable cause) to represent the insured as to those stated
causes of action and shall not be liable for and will not pay the fees of any othm counsel
THe Company will eot pay any fees, costs or expenses incurred by the insured in the defense
of those causes of action which allege meltem not insured against hy this policy.
(b) The Company shall have the right, at its own cost, to institute and plosecute any
action or ploceeding or to do any othel ad which in its opinion may he necessary or desirable
to establish the title to the estate or interest, as insured, or to prevent al reduce less or
damage to the insured. The Company may take any appropriate action under the terms of
this policy, whether or not it shall be liaHle Hereunder, and shalt not thereby concede liabilily
or waive any provision of this policy If the Company se "exercise it rights under this
paragraph, it shell do so diligently.
(corrtinued and concluded on
(c) Whenever the Company shall have brought an action or interposed a defense a
inquired or permitted by the provisions of this policy, the Company may pursue any lifigatio
to final determination by a court of competent jurisdiction and expressly reserves the iight, i
its sole disclet]on, to appeal from any adverse judgment or order
(d) In all cases where this policy permits or requires the Company Io plosecute o
provide for the defense of any action or proceeding, the insured shall secure 1o lhe Comport
the light to so prosecute or plovide defense in the action or proceeding, and all appeal
therein, and permit the Company to use, at its option, the name of the insured for thi
purpose. Whenever requested by the Company, the insured, at the Company's expense, shal
give the Company all reasonable aid (i) in any adion or proceeding, securing evidence
obtaining witnesses, proseculing or defending the action or proceeding, or effectim
seHlement, and (ii) in any other lawful act which in the opinion of the Company may h,
necessary or desirable to establish the title to the estate of intelest es insured. If th,
Company is prejudiced by the failure of the iosnled to furnish the inquired cooperation, Ih,
Company's obligations to the insured under the policy shall telminate, including any liahilii'
or obligation to defend, prosecute, or continue any litigalion, with regard to the maltel o
mattels requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the entices required under Section 3 of these Conditions am
Stipulations have been provided the Company, a proof of loss or damage signed end sworn t~
by the insured claimant shall be furnished to the Company within 90 days afte~ the insumJ
claimant shall ascertain the facl~ giving rise to the loss or damage. THe proof of loss o
damage shall describe the defect in, or lien or encumbrance on the title, or other malta
insured against by this policy which constitetes the basis of loss o~ damage and shall state, h
the extent possible, the basis of calculating the amount of the loss or damage. If th,
Company is prejudiced by the failure of the insured claimant to provide the required proof o
loss or damage, the Company's obligations to the insured under the policy shall terminate
including any liability or obligation to defend, prosecule, or continue any litigation, witl
regard to the matter or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to examinatim
under oath by any authorized representative of the Company ned shall ploduce fo
examination, inspedion and copying, at such reasonable times and places as may b~
designated by any authorized representative of the Company, all records, books, ledgers
checks, correspondence end memoranda, whether bearing a date ~.~[ore or ariel Date o
Policy, which reesenably pertain to the loss or damage. Fur'hel, if requested hy an,
authorized repfesentatNe of the Company, the insured claimant ~gall grant its permission, i~
writing, for any authorized representative of the Company to xamine, inspect and copy al
records, books, ledgers, checks, corlespondence and memoranda in the custody or control of i
lhird pady, which reasonably pertain to the loss or damage All infolmation designated a:
confidential Hy the insured claimant provided to the Company pumuent to this Section shal
not be disclosed to others unless, in the reasonable judgment of the Company, it is necessan
in the administration of the claim Failure of the insured claimant to submit for exominatiol
under oath, produce other reasonably requested information or grant permission to securl
reasonably eecessery information nam third padies as required in this paragraph shal
terminate any liability of the Company under this policy as to that claire.
6. OPTIONS TO PAY OR OTHERWISE SE'ITLE CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall Have the following additJona
options:
(o) To Pay or Tender Payment of the Amount of Insucaace.
To pay o~ tender payment of lhe amount of insurance under this policy together with an!
costs, attorneys' fees and expenses incurred by the insured claimant, which were authogzef
by the Company, up to the time of payment m tender of payment and which the Company i~
obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations to th~
insured onder this policy, other than to make the payment required, shall terminate
including any liability or obligation to defend, prosecute, or coetiaoe any litigation, and th~
policy shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the
Insured ClaJmanL
(i) to pay or otherwise settle with othel parties for or in the name of an inseml
claimant any claim insured against under this policy, togethm with any costs, attorneys' fee~
and expenses incurred by the insured claimant which were authogzed by the Company up ti
the time of payment and which the Company is obligated to pay; or
(ii) to pay al otherwise settle with the insured ciaimonl the loss al damagJ
provided for under this policy, together with any costs, attorneys' fees and expenses incurre(
by the insured claimant which were authorized by the Company up to the time of paymen
and which lhe Company is ' "~ated to pay
last page of this policy)
(continued and concluded from reverse side of Policy Fact*
Upon the exelcise by the Company of either of the OF . provided far in paragraphs
(b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed Joss gl .
damage, other than the payments requiled tn be made, shall terminate, including any
liabili~/or obligation to defend, prosecute or continue any litigation.
7. DETE~iNATiON, EXTENT OF LIABILI~ AND COINSDRANCE.
This policy is a cnattect af indemniiy against adual monetary Joss ar damage suslained
or incurred by the insured claimant who has suffered less nr damage by reason of maHels
insured against by this policy and only to the exient herein described.
Ca) The liabiJih/of the Company under this policy shall not exceed the least ar:
(i) the Amount of Insurance stated in Schedule A; ur,
(ii) the difference between the value of the insured estate gl inlemst ns insured
and the value of the insured estate or interest subject to the defect, lien m encumbrance
insured against hy this policy.
Cb) In the event lhe Amount of Insurance stated in Schedule A al the Date of Policy is
less than 80 percent uf the value of the insuled estate or interest or the fuji consideralioe paid
for the estate or interest, whichever is less, ar if subsequent to the Date of Policy aa
improvement is erected on the land which increases the value o[ the insured estate gl interest
by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is
subject to the following:
(i) where no subsequent improvemonl has been made, as to any partial loss, the
Company shall only pay the loss pro rata in the proporiion that the amouet of insurance at
Bate af Policy bears to the total value of the insured estate or intmest at Date of Policy; or
Cji) where a subsequent improvement has been made, es fo any partial Joss, the
Company shall only pay the loss pro rata in the proporlion thor 120 percent of the Amounf of
Insurance stated in Schedule A beam to the sum of the Amount of Insulance stated in
Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to oasis, attorneys' fees and expenses for
which the Company is liable uuder this polio/, and shall only apply to that pnriion of any loss
which exceeds, in the aggregate, l 0 po~cent of the Amount of Insurance stated in Schedule A.
Cc) The Company will pay only those costs, aHorney's fees and expenses incurred in
accordance with Section 4 of these Conditions and Stipulations.
8, APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels which are not used as
o single site, and a loss is established affecting one or more of the parcels but not all, the loss
shall be computed and seHJed on a pro rata basis as if the amounl of insurance undel this
policy was divided pro rata as to the value on Date of Policy of each separate parcel to fhe
w~ole, exclusive of any improvements made subsequeat to Date of Policy, unless a tiahi[i%, or
value has othenvise been agreed upon os to each parcel by the Company and the insured at
lhe time of the issuance of this policy and shown by an express statement or by an
endolsement aHached to this policy.
9. LIMITATION OF LIABILI'P/.
Ca) If the Company establishes the title, m removes the alleged defect, hen or
encumbrance, or cures the lack of a right of access to m from the land, or cures the claim of
uemnrketohiBW of title, all as insured, in a reasonnbly diligent manner by any method,
including litigation and fhe completion of any appeals therefrom, it shall have fully performed
its obligations with resped to that mattel and shall not be liable for any loss or damage
caused thereby.
Cb) In the event of any litigation, including lifigatiou by the Company or with the
Company's consent, the Company shall have no liabilit~ for loss or damage until there has
been a final delerminafion by n court ef competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title ns insuced.
Cc) The Company shall not be liable for loss or damage 1o any insured for liabili~
voluntarily assumed by the insured in settling any claim or suit without the prior writtea
consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TE~INATION OF LIABILIff.
All payments under this policy, except payments made for costs, attorneys' fees and
expenses, shall reduce the amount of the insurnace pro fanta.
11. LIABILIff NONCUMUlaTIVE.
U is expressly understood that the amount of insurance under this policy shall be reduced
by any amount the Company may pay under any policy insuring a mortgage to which
exception is token in Schedule B or to which the insuled has agleed, assumed, or taken
subject, or which is hereafter executed by an insured and which is a charge or lien on the
estate or inlerest described or referred fo in Schedule A, and the amoant so paid shall be
deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(o) No payment shall he made without producing this policy for endorsement of the
payment unless the policy has been Just or destroyed, in which case ploof of loss or
destruction shall he furnished to the satisfaction of the Company.
Cb) When liability au,, ,ne extent of loss or damage fias been definitely fixed i
accordance with these Conditions and Stipulations` the loss or damage shall be payabl
within 30 days thereaffer.
13 SLIBROGATION UPON PAYMENT OR SEITLEMENT.
Ca) The Company's Right of Subrogation.
Whenever the Compaey shnll hove settled and paid a claim under this policy, all right c
subrogation shall vest in the Company unaffected by any act of the insured claJma nt
The Company shall bo submgatad fo and be entitled to all rights and remedies which th
insured claimant would have had against any person gl proper~ in tespect fo the claim ha,
this policy not been issued. If Iaquested by the Company, tho insured claimant shall transfe
to the Company ell rights and remedies against any poison ar propelty necessary in order t
perfect this right of subrogation. The insured claimant shall permit the Company to su~
compromise or seHle in the name of the insuled cloimanl and to usa the name of the insure,
claJmanl in any tlansacUon or litigation involving these rights or remedies.
If a paymenf on account of a claim does not fully cover the loss of the insured cJaimanl
the Company shall he subrogatad tn these gghts and remedies in the proportion which th
Company's payment bears fo the whole amount of the loss.
If loss should result from any act of the insured claimant` as stated above, that ad she]
not void this pobcy, but the Company, in that event, shall be required fo pay only that part a
any losses insured against by this policy which shall exceed the amount, if any, lost ta th
Company by reason of the impairment by the insured claimant of the Company's right o
subrogation.
Cb) The Compony's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist and shal
include, tilhout limitation, the rights of the insured to indemnities, guaranties, other policie
of insurance ar bonds, notwithstanding any terms or cunditions contained in thas.
instruments which provide far subrogation rights by reason af this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company gl the insured may domain
arbitration pursuanf to the Title Insurance Arbitration Rules of the American Athitratial
Association. Arbitrable matters may include, hut are ual limited to, any controversy or clair
between the Company and the insured nlising out of or relating ta this policy, any son/ice a
the Company in connection with its issuance or the breach of a policy provision or othe
obligation. Alt arbitrable matters, when the Amount of Insurance is S1,000,000 or less shal
be arbitrated at the option of either the Company or the insured .'~',; arbitrable matters whel
the Amount of Insurance is in excess of 51,000,000 shall he nrhitraled only when agreed t,
by both fha Company and the insured. Arbitration pursuant rs this policy and under the Rule
in erfect on the date the demand for arbifration is made al at the option of the insured, th,
Rules in effect af Date of PaJicy shall be binding upon the padies. The award may indus
attorneys' fees only if the laws of the state in whicfi the land is Ignored permit a court t,
awald attorneys' fees to a prevailing pady. ]udgmeat upon the award rendered by th,
Arbitrator(s) may be entered in any caud having jurisdidion thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insuranc,
Arbitration Rules.
A copy of the Rules may be obtained from the Compauy upon request.
15. LIABILII~' LIMtTEO TO TrflS POLICY; ~LIC'Y ENTIRE CONTRACT.
Ca) This policy together with all endorsements, if any, attached hereto by the Compan
is the entire policy and contract between the insered and the Company. In interpreting an
plavision of this policy, this policy shall be construed as a whale.
Cb) Any claim of loss or damage, whether or nnt based on negligence, and thkb arise
out of the status of the title to the estate or interest covered hereby er by any adion assedin!
such claim, shall he restricted to this policy
Cc) Na amendment of or endorsement to this policy can fie made excepl by u wlitin!
endorsed hereon or attached hereto signed by either the President, a Vice President,
Secretary, an Assistant Secretary, ar validating officer or authagzed signatory of the Company
16. SEVERABILIff.
In the event any provision of the policy is held invalid or uaenfmceable under applicahJ,
law, the policy shall he deemed not to include thal plavisinn and all other plovisians shal
remain in full force and effect
17. NOTICES, WHERE SENT.
Ali notices required to be given the Company and any statement in writing required to b~
furnished the Company shall include the number of this policy and shall he addressed ta th,
Company n1300 East 42nd Street, New York, New Yeth 10017
STEWART TITLE®
STEWART TITLE®
POLICY
OF
TITLE
INSURANCE
STEWART TITLE®
300 East 42nd Street
New York, New York 10017
STEWART TITLE®
POLICY
OF
TITLE
INSURANCE
STEWART TITLE®
300 East 42nd Street
New York 10017
STEWART TITLE®
INSURANCE COMPANY
POLICY
OF
TITLE
INSURANCE
STEWART TITLE®
1N'~L'R ANCE COMPANY
300 East 42nd Street
New York, New York 10017
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MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @town.southold.ny.us
Telephone (631) 765-5711
Facsimile (63 !) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To:
From:
Date:
Re:
Supervisor Horton
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Manager
Melissa Spiro, Land Preservation Coordinator
December 3, 2004
ZOUMAS CONTRACTING CORP. to TOWN OF SOUTHOLD
SCTM #1000-79-4-17.25
Please be advised that the Town has acquired open space property as listed below. If you would
like any additional information regarding the purchase, please feel free to contact me.
LOCATION:
OWNER:
PURCHASE DATE:
PURCHASE PRICE:
TOTAL ACREAGE:
FUNDING:
MISCELLANEOUS:
6165 North Bayview Rd (lot #7), Southold
Zoumas Contracting Corp.
Closing took place 12/1/04
$1,307,937.20 (based on 34.4194 acres @ $38,000/buildable
acre)
36.8954 acres of open space (includes .9441 wetlands acreage;
.1919 drainage easement acreage; and 1.34 subdivision open
space acreage per Planning Board's covenants and restrictions)
Community Preservation Funds
This property is listed in the Town's Community Preservation
Project Plan. The 36.8954 acre lot purchase by the Town was
par[ of a conservation subdivision approved by the Planning
Board on September 22, 2004.
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'-4-.'t Fi e View Toolbor Help
79. 4 17 251 '~-----' -- 473889 Southeld A~tiYe R/S:8 School: Southold School
Town o% Southold RollYear: ~2006 Eu~r Y~ Res vac I~nd LandAV: 5.700
~165 N Bayview Rd Land Size: 37 71 acres TotalAV: 5.700
Owne[ Total: 1 I exable Value Miscellaneous
Name: To~n of Seuthold CounS,: 0 Book: 12368
AddlAddr: Muni: 0 Page:
Street: 5~095 Route 25 School: 0
PO Box: 1179 Sank:
City: Southold. NY Z~p: 11971- Schl a~er Star: 0 Acc( No: 10
Sate Total: I Site 1 of 1 Land 0 et 0
Book Page BaleDBte Sale Pdoe Owner Prpcls: Res vac land
12360 S;~4 ~2/~/1~4 ! ~ Nbhd Ed:O
Sewer:
Utilities:
E~emption Total: 1 Term Own Building Total: 0
Code Amount Year Pct
13500 TO~N O~NEI 5.708 O 0
Special District Total: 3 Value / ~ Improvement To(al: 0
Code Units Pct Type Move Tax ~ Type Nam~ Dim1 Dim2 SOFT Yr Built
FB028 Southold FB .00 ~00 .00 ~
S~011 Solid~aste I .00 .00 .00 ~
Double dick to open a window
~ Inbox - Fhcroseft Outlook {~ RP8 Yersion 4 - [Snap.,.
~.i g4GIS
SCOTT A. RUSSELL
SUPERVISOR
TOWN HALL - 53095 MAIN ROAD
Fax (631)- 765 - 9015
JAMES A. RICHTER, R.A.
ENGINEER
TOWN OF SOUTHOLD, NEW YORK 11971
TEL(631)-765 -1560
OFFICE OF THE ENGINEER
TOWN OF SOUTHOLD
Patricia A. Finnegan, Esq.
Town Attorney
Town Hail, 53095 Main Road
Southold, New York 11971
Re:
Recharge Basin - Property Dedication
SCTM#: 1000-79-04- 17.10
HARBOR LIGHTS ESTATES - Section Four
Dear Mrs. Finnegan:
September 11,2006
As per a request from your office, if have reviewed the recent dedication by the Town of
Southold that accepted ownership of an existing Recharge Basin. This Recharge Basin was originally
designed and approved by the Planning Board as the drainage area for a subdivision titled, HARBOR
LIGHTS ESTATES - Section Four. The original approval of Section Four allowed for the extension of
Clipper Drive and the creation of eight new building lots. This Clipper Drive section of Harbor Lights
Estates has remained as a private road which is owned by a homeowners association.
The Recharge Basin noted above was designed as the drainage area for Clipper Drive. it was
also designed to be the recharge area for future sections of HARBOR LIGHTS ESTATES. The last
& final section of Harbor Lights was approved by the Planning Board as a conservation subdivision
and, as designed, did not require access or use of this drainage basin.
The Towns subdivision process and land preservation efforts resulted in the acquisition of over
36 acres of Open Space (SCTM #: 1000-79-04-17.25). As I recall and at that time, the Town also
determined that this recharge basin, which was located in the middle of the Open Space and owned
by the Developer, should not be left in private hands. Therefore, the Town required dedication of this
parcel as a condition of that recent subdivision approval. This dedication was coordinated through the
Town Land Preservation Office and any additional information that you may require can be
obtained by contacting Melissa Spiro at 765-5711.
office.
If you have any additional questions concerning this matter, please feel free to contact my
cc;
Melissa Spiro, Land Preservation CqbrCidator
Jerilyn B. Woodhouse, Chairperson -%elanning Board
Peter Harris, Highway Superintendent
SCOTT A. RUSSELL
SUPERVISOR
TOWN HALL - 53095 MAIN ROAD
Fax. (631)- 765- 9015
JAMES A. RICHTER, R.A.
ENGINEER
TOWN OF SOUTHOLD, NEW YORK 11971
Tel.(631)-765- 1560
Scott A. Russell
Southold Town Supervisor
Southold Town Hall
53095 Main Road
Southold, New York 1 I971
Dear Scott:
OFFICE OF THE ENGINEER
TOWN OF SOUTHOLD
September 7, 2006
Re:
HARBOR LIGHTS ESTATES SECTION FOUR
Clipper Drive, Southold, New York 11971
SCTM #: 1000 - 79 - 04 - 17.11
As per your request, I have reviewed a letter from Essie Pilles that was dated 8/25/06. In her letter,
Mrs. Pilles outlined her objections to a wooden guard rail that has been installed at the Southwesterly terminus
of Clipper Drive. This Road System was developed, approved and constructed as part of a phased subdivision
called HARBOR LIGHTS ESTATES SECTION FOUR. I have enclosed a partial copy of the approved
Subdivision map and a recent Aerial Photograph of the site for your reference.
As you can see from the approved Subdivision Map, the approved road end should have been
constructed with a Cull-de-Sac that should have been located within each of the last two lots. This item was
indicated on the approved map and shown as dotted lines on each side of the road. These areas were noted as
"TEMPERARY TURNAROUND". Ultimately, this road was constructed without this Cull-de-Sac and the partial
construction and/or extension of Clipper Drive was built within an area designated as a possible future roadway.
It was this area that was typically used to provide room to turn vehicles around at the end of Clipper Drive.
As you are aware, this future road was never approved by the Planning Board. Within the last few
years, the Planning Board reviewed and approved a much smaller subdivision that included the preservation of
a large amount of the remaining open space. The Town Funding that was used to preserve this remaining open
space did not and could not allow for either a roadway extension or turning area to exist within the preserved
open space. It was at the direction of the Town that the Developer installed this Timber Guardrail at the
Terminus of Clipper Drive. Please note that the removal of this Guard Rail may jeopardize the conditions of the
Land Preservation that took place on this property. Therefore, the removal of this guard rail is no[
recommended.
At this time, I would recommend that the original "Planning Board Approved" location be used to
construct an adequate "TURNAROUND" for vehicles using Clipper Drive.
If you have any questions regarding this matter, please do not hesitate to contact my office.
Enc; (2)
CC: Melissa Spiro
Land Preservation Coordinator
/James A. Richter, R.A.
SEP - 7 2006
O£PT OF LAND
PRESERVATION
Scale 1" = 200'
- Southold
11/18/2004 21:21 B31-287-3790 LISA CLARE KOHBRINK PAGE 02
Tel: (63 I) 765-43~0
F~x: (63I~ 765-4643
:he en~ of Cl'lpper Dri~re pricr to clesing title
Very ~ru~y
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/*°k II
Lot -/
H
"Zoumoe Conbrc2of. lnc. j Corp."
~ Lot B
, Sulodlvls[on -
~'Zoum~s Contracting Corp,"
~
Lot 2
Sub~di¥1sion -"Zoumo~
Con~roctin~ Corg.'
Lot 5
Sulodlvf~ion -
"Zoumos ControcNng Corp," ~
-~ -~ -~ Lot I
~ "Zoumo5 0ontrocging Corp."
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Young Jc Young
400 Os~ra~dew Ave~e, R~verhead, Ne~ York
63~-727-2303
11901
JAN 13 2005
DEPT OF LAND
PRESERVATION
FINAL
SURVEY
NOTt~
TOTAL Af~EA
TOI~IN OF SOUTHOLO
TITLE
T5