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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 18 II ii I I I I I I I I I 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 A P P R A I S A L R E Q U E S T 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. 2 0 0 1 A E R I A L P R 0 P E R T Y V I S U A L S ® 7 3L3A(C) Tax,_Map Locati~)n "1 74 sOUTHOLD 75 2 0 0 P H O T O S I I I I I I I 1 I 1 ! 1 ,,. View of Subject - Facing Northerly View of Subject - Facing Southerly Year 2003 ~G~VEN 72 I I I I I I I 1 1 1 1 1 SUBJ~CTPHOTOGRAPHS View Westedy Along North Bayview Road View Easterly Along North Bayview Road Year 2003 ~GIVEN 73 E N V I R O N M E N T A L S U M M A R Y I I I I I I I I 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. I I I I I I I I 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. I I I I I I I I 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 I I I I I I I I FIGURE 1 LOCATION MAP Zoumas Property, Southold Phase I ESA I I I I I I Source: DeLorme Street Atlas Scale: Not to Scale NORTII FIGURE 2 AEI~L PHOTOGRAPH Zoamas Property, Southoid Phase I ESA I I I I I I I I I Source: GeoMaps Aerial Phologmpks, t999 Scale: t" = 450' NORTH + I FIGURE 3 Zoumas Property, Southold Phase 1 ESA WATER TABLE MAP I I I I I I I I I I I ~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 ! ! 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 P U B L I C H E A R I N G 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 S E R E S 0 L U T I 0 N 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) P U R C H A S E R E S 0 L U T I 0 N 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 S E A C C E P T A N C E R E S O L U T I O N 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 C L O S I N G S T A T E M E N T 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 Check #79330 (12/1/04) $1,307,937.20 disbursed as follows: Payable to Zoumas Contracting Corp. Check #79332 (12/1/04) 300,000.00 $ 1,007,937.20 Expenses of Closing: Appraisal Payable to Patrick A. Given Associates Check #71934 (613103) $ 1,900.00 Survey Young & Young Check #80184 (2/1/05) $ 4,000.00' *not paid at time of closing Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #73771 (10/21/03) $ 1,500.00 Title Report Payable to Stewart Title Insurance Co. Check #79331 (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. Check #79329 (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 MILLION SEVEN THOUSAND'NINE HUNDRED THIRTY 12/1/04 ZO~A~q f~OSING .0.-079 32 DATE OHECK NO. ~,MOU NY 12/01/200~ 79332 Sl, 007, 937 . 20 SEVEN AND 20/100 DOLLARS r~% o lOOL, o,' VENDOR 025171 ZOUMAS CONTRACTING CORP 12/01/2004 CHECK 79332 H3 .8660.2.600.100 TNrgOTCE 120104 DESCRIPTION OPEN SPACE-36.8 TOTAL AMOUNT 1,007,937.20 1,007,937.20 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 TOWN OF SOUTHOLD DATE 12/01/2004 i' ~THREE HUNDRED THoI~SAND AND 00/100 DOLLARS ZO NG CHECK~O AMOUNT 79330 $300,000 . 00 PAYTO PATRICIA C. MOORE, ~HE 5109~0 MAIN ROAD "ORDER '' OF ' ; SOUTHOLD NY 11971 ESQ. ,'O ?q % ~,O,· ~:08 ~05~B~': G5 0 IIm VENDOR 013549 PATRICIA C. MOORE, ESQ. 12/01/2004 CHECK 79330 FI[ND & ACC©~T H3 .8660.2.600.100 P,O-~ INVOICE 120104 DESCRIPTION AMOUNT ZOUMAS-36.8954 AC 300,000.00 TOTAL 300,000.00 TOWN OF SOUTHOLD . SOUTHOLD, NY 11971~0959 _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 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK JE Date Trx. Date Fund Account ......................... Use Acti 12/03/2002 12/03/2002 H3 .600 12/03/2002 12/03/2002 H3 .600 12/17/2002 12/17/2002 H3 .600 12/17/2002 12/17/2002 H3 .600 1/07/2003 1/07/2003 H3 .600 1/07/2003 1/07/2003 H3 .600 3/11/2003 3/11/2003 H3 .600 3/11/2003 3/11/2003 H3 .600 3/25/2003 3/25/2003 H3 .600 4/08/2003 4/08/2003 H3 .600 4/08/2003 4/08/2003 H3 .600 5/20/2003 5/20/2003 H3 .600 6/03/2003 6/03/2003 H3 .600 6/03/2003 6/03/2003 H3 .600 7/08/2003 7/08/2003 H3 .600 ......................... Use Acti Select Record(s) or Use Action Code : Trx Date ..... : Trx Amount... : Description.. : Vendor Code.. : Vendor Name.. : Alt Vnd.. : CHECK ........ : Invoice Code. : VOUCHER ...... : P.O. Code .... : Project Code. : Final Payment : 1099 Flag .... : Fixed Asset.. : Date Released : Date Cleared. : F3=Exit Disburs Inquiry by Vendor Name Detail--GL100N W-06032003-630 Line: 99 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : 6/03/2003 SDT 6/02/03 : 1,900.00 : APPRAISAL-ZOUMAS CONTRCT : 007416 : GIVEN, SRPA/PATRICK A. : 71934 SCNB 2003181 10645 F Liquid. 7 Y 6/03/2003 6/30/2003 F12=Cancel F21=Image 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 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 025030 YOUNG & YOUNG Y=Select JE Date Trx. Date Fund Account ............................. Begi . . 8/26/2003 8/26/2003 DB .600 . . 1/20/2004 1/20/2004 H3 .600 .. 10/19/2004 10/19/2004 H3 .600 ~ 2/01/2005 2/01/2005 H3 .600 . . 2/15/2005 2/15/2005 H3 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs inquiry by Vendor Name .............. Detail--GL100N .............. : W-02012005-854 Line: 525 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 2/01/2005 SDT 2/01/05 : : Trx A/~ount... 4,000.00 : : Description.. SURVEY-ZOUMAS OPEN SPACE : : Vendor Code.. 025030 : Vendor Name.. YOUNG & YOUNG : Att Vnd.. : CHECK ........ 80184 : Invoice Code. 23539 : VOUCHER ...... : P.O. Code .... 12757 : Project Code. : Final Payment F Liquid. SCNB : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 2/01/2005 : : Date Cleared. 2/28/2005 : : F3=Exit F12=Cancel : 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 $1,500.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account ......................... Use Acti 6/17/2003 6/17/2003 B .600 6/17/2003 6/17/2003 B .600 6/17/2003 6/17/2003 B .600 7/08/2003 7/08/2003 B .600 7/08/2003 7/08/2003 0 .600 7/08/2003 7/08/2003 B .600 7/08/2003 7/08/2003 B .600 7/08/2003 7/08/2003 B .600 7/08/2003 7/08/2003 B .600 8/12/2003 8/12/2003 A .600 8/26/2003 8/26/2003 B .600 9/09/2003 9/09/2003 H3 .600 9/23/2003 9/23/2003 SR .600 ~10/21/2003 10/21/2003 H3 .600 ,, 10/21/2003 10/21/2003 H3 .600 ......................... Use Acti Select Record(s) or Use Action Code Disbur$ Inquiry by Vendor Name .............. Detail--GL100N .............. : W-10212003-172 Line: 317 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 10/21/2003 SDT 10/22/03 : : Trx Amount... 1,500.00 : : Description.. PHASE I ESA-ZOUMAS : : POPE & VOORHIS, : : SCNB : : F12=Cancel F21=Image : Vendor Code.. 014161 Vendor Name.. NELSON, Alt Vnd.. CHECK ........ 73771 Invoice Code. 1988 VOUCHER ...... P.O. Code .... 11182 Project Code. Final Payment F Liquid. 1099 Flag .... 7 Fixed Asset.. Y Date Released 10/21/2003 Date Cleared. 10/31/2003 F3=Exit TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLB NEWYORK 11971-0959 DATE 12/01/2004 SIX THOUSAND THIRTY FIVE AND 00/100 DOLLARS 12/1/04 ZO NG OHECK NO AMOUNT 79331 $6t 035.00 PAYTE STEWART TI,TLE INSURANCE CO. ' IHS 125 BAYL[S ROAD, SUITE 201 ORDER OF MELVILLE NY 11747 ,'07c~,%~,,' ,:OS~,l~051L,&h,: B~ DC O,' VENDOR 019624 STEWART TITLE INSURANCE CO. 12/01/2004 CHECK 79331 PII~TD & AOOOTTNTT P.O. ~ H3 .8660.2.600.100 H3 .8660.2.600.100 DB .5110.4.400.600 INVOICE 23-S-3147 23-S-3147 23-S-3147 DESCRIPTION AMOUNT TITLE POLICY-ZOUMAS 5,635.00 RECORDING DEED-ZOUMAS 200.00 RECORD RECHG BASIN DE 200.00 TOTAL 6,035.00 k TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 TOWN OF SOUTHOLD 53095 MAiN ROAD sOUTHOLO NEW YORK 11971-0959 AND q0/10O DOLLARs DATE 12/01/2004 12/1/04 ZO _C. LQS_I NG ~o. u~tl 328 CHEOK NO AMOUNT 75329 $75.00 OL, 0"' VENDOR 007707 KAREN HAGEN 12/01/2004 CHECK 79329 H3 .8660.2.600.100 23-S-3147 DESCRIPTION TITLE CLOSER-ZOUMAS TOTAL AMOUNT 75.00 75.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE 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 # q 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 -- TD TD TD ] 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. R E C O R D E D D E E D R E C H A R G E B A S I N 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 TD /d9 TD TD 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 L E P 0 L I C 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 S T E W A R D S H I P 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. P R O P E R T Y R E C O R D S '-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 2 0 0 4 P H O T O S A E R I A L S S U R V E Y m Lo~ ~ // /*°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." N S E 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