HomeMy WebLinkAboutBlackham, William R & Eileen G (Henrys Ln parcel)
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1000-74-1-3
Baseline Documentation
Premises:
2630 Beury's Lane
Peconic, N ew York
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0.46 acre
Open Space Acquisition
WILLIAM R. BLACKHAM and EILEEN G.
BLACKHAM, as Trustees under the
BLACKHAM FAMILY LIVING TRUST
to
TOWN OF SOUTHOLD
Deed dated December 21, 2006
Recorded January 4, 2007
. Suffolk County Clerk - Liber D00012485, Page 965
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SCTM #: 1000-74-1-3
Premises: 2630 Henry's Lane
Hamlet: Peconic
Purchase Price: $5,000.00
(per contract - bargain sale)
Funding: Community
Preservation Funds
(2% land bank)
. CPF Project Plan: Yes
Total Parcel Acreage: 0.46 acre
Zoned: R-40
Existing Improvements: In November 2006-
Wetlands, drainage ditch,
grass road
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SURVEY OF PROPERTY
AT PECONIC
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N. y.
1000-74-01-03
SCALE: 1'=30'
NOVEMBER 16. 2006
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JAMES C. McMAHON
Director
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (631) 765-1283
Fax (631) 765-9015
TOWN OF SOUTHOLD
DEPARTMENT OF PUBLIC WORKS
TO:
Melissa Spiro
FROM:
Jim McMahon
SUBJECT:
Blackham Property
DATE:
November 9, 2006
I inspected the Blackham property (1000-74-1-3) on Henry's Lane, Peconic, on the
above date.
The property is a wooded lot, containing mostly American Beech trees. The lot has
significant freshwater wetlands and I observed a small stream rnnning through the
property, on to the adjoining lot, owned by the Town of Southold. From the aerial
map it appears that this wetland area drains into Autumn Lake.
It appears that a footpath has been cleared, on the property, which connects
Henry's Lane to Third Avenue, to the east. The exact location of this path will be
more clearly defined when the property is surveyed and I can verify the exact
boundaries of the parcel.
No evidence of dumping or conditions that would hinder the sale of this property to
the Town of Southold was found during my inspection.
~ ~ N: ~ 9 ~ ,: ~ ~
OEPI OF LANO
PRESERVATION
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RESOLUTION 2006-879
ADOPTED
Item # 42
DOC 10: 2278
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-879 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 8, 2006:
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of
Southold hereby sets Tuesday. Noyember 21. 2006. at 5:20 p.m.. Southold Town Hall. 53095
Main Road. Southold. New York as the time and place for a public hearin!! for the
purchase of open space fee title on property owned by William R. Blackham and Eileen G.
Blackham. as Trustees under the Blackham Family Liyin!! Trust. Said property is identified
as SCTM #1000-74-1-3. The address is 2630 Henry's Lane, Peconic, New York, and is located
on the northerly side of Henry's Lane approximately 955 feet from the intersection of Sound view
A venue and Henry's Lane in Peconic in the R-40 zoning district. The proposed acquisition is for
. fee title and is approximately 0.48 acre (subject to survey).
The property has been offered for sale to the Town of Southold as open space. The purchase
price is $5,000.00 (five thousand dollars). The property will be acquired using Community
Preservation Funds. The seller may claim a bargain sale.
The property is listed on the Community Preservation Plan Project list of properties that should
be preserved due to significant wetlands and natural wooded areas. The purchase of the
acquisition is for the preservation of open space. The property is adjacent to land currently
O\vned by the Town of Southold. The purpose of the acquisition is to allow the property to
remain in its undisturbed present state.
As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southolel,
Section 117-5, the Lanel Preservation Coordinator and the Town Boarel have reviewed the
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acquisition and have determined that sanitary flow credits will not be transferred from this
property.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
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Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scott Russell, Supervisor
SECONDER: Albert Krupski Jr., Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
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LEGAL NOTICE
NOTICE OF PUBLIC HEARING
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RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation
Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town
Board of the Town of South old hereby sets Tuesdav. November 21. 2006. at 5:20
p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time
and place for a public hearin!!: for the purchase of open space fee title on
property owned bv William R. Blackham and Eileen G. Blackham. as Trustees
under the Blackham Familv Livin!!: Trust. Said property is identified as SCTM
#1000-74-1-3. The address is 2630 Henry's Lane, Peconic, New York, and is located
on the northerly side of Henry's Lane approximately 955 feet from the intersection of
Soundview Avenue and Henry's Lane in Peconic in the R-40 zoning district. The
proposed acquisition is for fee title and is approximately 0.48 acre (subject to survey).
The property has been offered for sale to the Town of Southold as open space. The
purchase price is $5,000.00 (five thousand dollars). The property will be acquired
using Community Preservation Funds. The seller may claim a bargain sale.
The property is listed on the Community Preservation Plan Project list of properties
that should be preserved due to significant wetlands and natural wooded areas. The
purchase of the acquisition is for the preservation of open space. The property is
adjacent to land currently owned by the Town of Southold. The purpose ofthe
acquisition is to allow the property to remain in its undisturbed present state.
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As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of
Southold, Section I 17-5, the Land Preservation Coordinator and the Town Board
have reviewed the acquisition and have determined that sanitary flow credits will not
be transferred from this property.
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel ofland is on file in Land Preservation Department, Southold Town
Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any
interested person during business hours.
Dated: November 8, 2006
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON NOVEMBER 13. 2006. AND FORWARD ONE (!)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK.
TOWN HALL. PO BOX 1179. SOUTHOLD. NY 11971.
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Copies to the following:
The Suffolk Times
Land Preservation
Town Board Members
Town Clerk's Bulletin Board
Town Attorney
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SOUTHOLD TOWN BOARD
PUBLIC HEARING
November 21, 2006
5:20 PM
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COUNCILMAN WICKHAM: RESOLVED that pursuant to the provisions of Chapter
17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the
Town Code, the Town Board of the Town of South old hereby sets Tuesday, November
21. 2006, at 5:20 p.m.. South old Town Hall, 53095 Main Road, Southold, New York
as the time and place for a public hearin!! for the purchase of open space fee title on
property owned by William R. Blackham and Eileen G. Blackham, as Trustees
under the Blackham Family Livin!! Trust. Said property is identified as SCTM #1000-
74-1-3. The address is 2630 Henry's Lane, Peconic, New York, and is located on the
northerly side of He my's Lane approximately 955 feet from the intersection of
Soundview Avenue and Hemy's Lane in Peconic in the R-40 zoning district. The
proposed acquisition is for fee title and is approximately 0.48 acre (subject to survey).
The property has been offered for sale to the Town of Southold as open space. The
purchase price is $5,000.00 (five thousand dollars). The property will be acquired using
Community Preservation Funds. The seller may claim a bargain sale.
The property is listed on the Community Preservation Plan Project list of properties that
should be preserved due to significant wetlands and natural wooded areas. The purchase
ofthe acquisition is for the preservation of open space. The property is adjacent to land
currently owned by the Town of South old. The purpose of the acquisition is to allow the
property to remain in its undisturbed present state.
As per Chapter 117 (Transfer of Development Rights) ofthe Code ofthe Town of
Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have
reviewed the acquisition and have determined that sanitary flow credits will not be
transferred from this property.
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
It has appeared as a legal in the Suffolk Times newspaper, it has appeared outside on the
Town Clerk's bulletin board and I have a short environmental assessment form for
unlisted action which is all filled out. And I turn it over to Councilman Krupski.
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COUNCILMAN KRUPSKI: As the Town Board liaison for the Land Preservation
Commission, I am just kind of pinch hitting for Melissa Spiro (inaudible) and
Councilman Wickham said it is a half acre parcel, located on Henry's Lane. I am
familiar with the site; it is part of the drainage of the whole area. It is adjacent to town
owned open space. I encourage the Board to acquire it for that price. (Inaudible)
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available to the Town because (inaudible) It is wetland habitat, part of a large system
that drains to the west, all the way to (inaudible) eventually into (inaudible).
SUPERVISOR RUSSELL: Would anybody like to address the Town Board on all the
issues outlined by our lovely assistant? (No response) Hearing none, can I get a motion
to close?
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Elizabeth A. Neville
Southold Town Clerk
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RESOLUTION 2006-889
ADOPTED
DOC ill: 2294
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-889 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 21, 2006:
WHEREAS, the Town Board ofthe Town of Southold wishes to purchase property owned by
William R. Blackham and Eileen G. Blackham, as Trustees under the Blackham Family Living
Trust for open space purposes pursuant to the provisions of Chapter 17 (Community Preservation
Fund) and Chapter 185 (Open Space Preservation) of the Code of the Town of Southold. Said
property is identified as SCTM #1000-74-1-3. The address is 2630 Henry's Lane, Peconic, New
York, and is located on the northerly side of Henry's Lane approximately 955 feet from the
intersection of Sound view Avenue and Henry's Lane in Peconic in the R-40 zoning district. The
proposed acquisition is for fee title and is approximately 0.48 acre (subject to survey); and
WHEREAS, the property should be preserved due to its significant wetlands and natural
wooded areas. The property is to be purchased for the purpose ofthe preservation of open space
and to allow the property to remain in its undisturbed present state. The property is adjacent to
land currently owned by the Town of Southold; and
WHEREAS, as per Chapter 117 (Transfer of Development Rights) ofthe Code ofthe Town of
Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed
the acquisition and have determined that sanitary flow credits will not be transferred from this
property; now, therefore, be it
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.; and, be
it further
RESOLVED by the Town Board of the Town of South old that the Town of South old is the only
involved agency pursuant to SEQRA Rules and Regulations; and, be it further
Resolution 2006-889
Board Meeting of November 21, 2006
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RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; and, be it further
RESOLVED that the Town Board of the Town of South old hereby finds no sil!nificant impact
on the environment and declares a nel!ative declaration pursuant to SEORA Rules and
Rel!ulations for this action.
P~~!"'.fC1.~,'t,J..
Elizabeth A. Neville
South old Town Clerk
RESULT: ADOPTED [UNANIMOUS)
MOVER: William P. Edwards, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
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Updated: 11/16/20061:25 PM by Lynda Bohn
Page 2
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617.20
Appendix C
State Environmental Quellty Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNUSTED ArnONS Only
PART I-PROJECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2
1. APPLICANT {SPONSOR: Southold Town Board I ~)".'" "f~'~ .1"~.c"'...' .
2. PROJECT NAME: SI.c.Ic"".... f..",;lv l.''''",; 'Tf~ ,..-
3. PRQJECT LOCATION:
Municipality: re.f"....'.. S".,"\'I..."I'\' T.....,'" County: Su F' Fol. 1<
J .....
4. PRECISE LOCATION:-{Street address and road Intersectlonsl prominent landmarks, etc, or provide map)
,..
'Sc'TM 1"""0-74_1_:'
.~,~" I+tnry's L.c.Y\<. I T'p C",",,'c. , tJ V QSs." ..f!r".,.,., ~I"\-T-."'u'c-'tt'o,.-... ok'
. ",,,<'The, I., sicl. .".c \'.el\f'f's L'M. "I"YfClY. <;"v.J",..,'<..- AV4!. ..~
\~"N" l_Y\('.
5. IS PROPOSED ArnON:
/}\'! New 0 Expansion 0 Modification
. ----
6. DESCRIBE PROJECT BRIEFLY:
~r\ S'I''''fe. 'lc'{,visi'>-I...... j'fD~~\-Y
~e -ri-\\( 1''''.1'\0..... o-f o.4B au"
7. AMOUNT OF LA~D AFFECTED: n. 'II?
INITALlY o. '-f acres ULTIMATELY acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
~ Yes 0 No if No, describe briefly
9. WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT?
ts;l' n C . I [J [J Agriculture I>;: D
Residential om merCia Industrial - Park/Forest/Open space Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY 9('ERAl. STATE OR lOCAL)?
Jr'1
Yes " No if yes, list agency(s) and pemlitjapprova!s
-"",- " "~~-=~~-~~'--~."~~~~"~--~~'""~-~~~~.~,~~---._"~,.~~
~_~~':,,:~,~:::~~::::,,~='~~rro~~~:o.=____ _ ___ J
I ~. AS RE;lT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
! Yes' No
f~~.-~--~-'~------~--.-n._.~.~~~,_ _,~ ____ . ___-.._____ n._~_.~ _,___ _..~_._____.___~.~__._ .__.~..
I I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
I ApplicanVsponsor Nall1efi\\~SA s.~<.L, ..1fo1vt>X&5.- Cooa.L.... Date:~17/p.(, _
iSignature~ y-' '_.n___ _..___
L_ -~-I;t;,~ ~<:tj~~-I~I~-th~ C~~~~~;o~arc a ~t;,te a~':rlCY, complete the Coastal Assessment Form beto;e
proceeding with this assessment
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PART U-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.41
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Yes No [fyes coordinate the mvlew process and use the full EAF
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67
o yes'fYI No [fno, a negative declaration may be suspended by another Involved agency
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING:
(Answers may be handwritten, If legible)
Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or
diSPO~ ~otential for erosion, drainage or flOOding problem? Explain briefly:
C2. Aesthetic, agrlculturall archaeological, historic or other natural or cultural resources; or community or neighbortlOod character?
ExPlaiA.Y~ef1Y:
C3. Vegetation or fauna fishes shellfish, or wildlife species, sIgnificant habItats, or threatened or endangered species? Explain briefly;
C4. A f;!m~unity's existing plans or goals as officially adopted, or change in use or Intensity of use of land or other natural resources?
Explai~ ~rjeflY;
CS. G~~, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
C6. l~_ferm, short term, cumulative, or other effects not identified in C1 ~C5? Explain briefly:
r1!
C7. Other'tfmpacts (including changes in use of either quantity of type of energy)? Explain briefly:
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A
CEA7
o Y l1'I
es No
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
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Yes No
PART 111- DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
lNSTRUCTIONS; For each adverse effect identified above, determine whether it is substantia!, large, or otherwise significant. Each effect should
be assessed in connection with its (a) setting (Le, urban or rural); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope;
and Cf) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show
that all relevant adverse impacts have been identified and adequately addressed. If question 0 of part II was checked yes, the determination and
significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
D
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Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then
proceed directly to the FULL ENVIRONMETNAL ASSESSMENT FORM and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments
as necessary, the reasons supporting this determination:
~''''''''''l..t> IO"<JN ~""'R:t>
Name of Loan Agency
I AlJ)!J
L
ferent from of responsible officer)
Signat e 0
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RESOLUTION 2006-921
ADOPTED
DOC ID: 2295
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-921 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 21, 2006:
WHEREAS, the Town Board ofthe Town of Southold held a public hearing on the question of
the purchase of the property owned by William R. Blackham and Eileen G. Blackham, as
Trustees under the Blackham Family Living Trust on this 21 st day of November, 2006, pursuant
to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space
Preservation) of the Town Code of the Town of South old, at which time all interested parties
were given the opportunity to be heard; and
WHEREAS, said property is identified as SCTM #1000-74-1-3 and 2630 Henry's Lane,
Peconic, New York, and is located on the northerly side of Henry's Lane approximately 955 feet
from the intersection of Sound view Avenue and Henry's Lane in Peconic; and
WHEREAS, the open space acquisition is for fee title of the entire approximately 0.48 acre
(subject to survey) property and has been offered for sale to the Town of Southold below fair
market value. The purchase price is $5,000.00 (five thousand dollars) plus acquisition costs. The
property will be acquired using Community Preservation Funds. The seller may claim a bargain
sale; and
WHEREAS, the subject property is listed on the Community Preservation Project Plan as
property that should be preserved due to its significant wetlands and natural wooded area and for
the purpose of preserving open space to allow the property to remain in its undisturbed present
state. The property is adjacent to land currently owned by the Town of Southold; and
WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 17
(Community Preservation Fund) Chapter 185 (Open Space Preservation) of the Town Code of
the Town of South old; and
Reso]ution 2006-92]
Board Meeting of November 2],2006
.
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and the Loca] Waterfront Revita]ization Program
(L WRP) and the L WRP Coordinator has determined that this action is consistent with the
LWRP; and
WHEREAS, as per Chapter 117 (Transfer of Deve]opment Rights) ofthe Code of the Town of
Southo]d, Section]] 7-5, the Land Preservation Coordinator and the Town Board have reviewed
the acquisition and have determined that sanitary flow credits will not be transferred from this
property; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the property; and
.
WHEREAS, the Town Board deems it in the best public interest that the Town ofSoutho]d
purchase fee title to the subject property for the purpose of the preservation of open space to
allow the property to remain in its undisturbed present state; now, therefore, be it
.
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter ]85 (Open Space Preservation) of the Town Code, the Town Board of the Town of
Southold hereby elects to purchase the property owued by William R. Blackham aud Eileen
G. Blackham. as Trustees under the Blackham Family Livin!!: Trust for the purpose of the
preservation of open space to allow the property to remain in its undisturbed present state.
Said property is identified as SCTM #1000-74-1-3. The address is 2630 Henry's Lane, Peconic,
New York, and is located on the northerly side of Henry's Lane approximately 955 feet from the
intersection of Sound view Avenue and and Henry's Lane in Peconic in the R-40 zoning district.
The proposed acquisition for fee title is approximately 0.48 acre (subject to survey) and has been
offered for sale to the Town of Southold below fair market value. The purchase price for this
open space acquisition is $5,000.00 (five thousand dollars) plus acquisition costs. The seller may
claim a bargain sale. Town funding for this purchase is in conformance with the provisions of
Chapter] 7 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the
Town Code of the Town of Southo]d. The proposed action has been reviewed pursuant to
Updated: ] 1/27/20063:]0 PM by Lynda Bohn
Page 2
.
Resolution 2006-921 Board Meeting of November 21,2006
Chapter 268 (Waterfront Consistency Review) ofthe Town Code and the Local Waterfront
Revitalization Program (L WRP) and the L WRP Coordinator has determined that this action is
consistent with the L WRP. As per Chapter 117 (Transfer of Development Rights) of the Code of
the Town of South old, Section 117-5, the Land Preservation Coordinator and the Town Board
have reviewed the acquisition and have determined that sanitary flow credits will not be
transferred from this property.
/
/
aru:tC7.2f--:t.?
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Daniel C. Ross, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski JI.
.
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Updated: 11/27/20063:10 PM by Lynda Bolm
Page 3
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CLOSING STATEMENT
BLACKHAM FAMILY LIVING TRUST
to TOWN OF SOUTHOLD
Open Space - 0.46 acre
Premises: 2630 Henry's Lane, Peconic
SCTM #1000-74-1-3
Closing took place on Thursday, December 21,2006
at 3:00 p.m., South old Town Hall Annex
Purchase Price of $ 5,000.00 disbursed as follows:
Payable to William R. Blackham & Eileen G. Blackham
(12/19/06)
*2006/07 Real Property Tax Adjustment
Expenses of Closing:
Survev
Payable to Peconic Surveyors, PC
(12/19/06)
Title Report
Payable to Stewart Title Insurance Company
(12/19/06)
Fee insurance
Recording deed
$ 342.00
$ 200.00
Title Closer Attendance Fee
Payable to Patricia Fallon
(12/19/06)
2006/07 Real Property Taxes
Payable to George Sullivan, Receiver of Taxes
(12/19/06)
$ 4,973.74*
J 26.26
$ 5,000.00
$ 1,050.00
$ 542.00
$ 100.00
$ 479.33**
** includes 20 days credit (*) @ $1.3132/diem based upon $479.33/yr
.
Those present at Closing:
Scott A. Russell
Mary C. Wilson
Lisa Penny
Patricia Fallon
Melissa Spiro
South old Town Supervisor
Attorney for Town of Southold
Sellers' Legal Representative
Title Company Closer
Land Preservation Coordinator
.
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PECONIC SURVEYORS, P.C,
.
P.O. Box 909
1230 TRAVELER STREET
SOUTHOLD, N.Y. 11971
631-765-5020' FAX 631-765-1797
John T Metzger, L.S.
DECEMBER 4TH, 2006
TOWN OF SOUTHOL.D
P.O. Box 1 179
SOUTHOL.O, NY 1 1 971
ATTN: MEL.ANIE
....OB # 06-245
YOUR CLIENT: BLACKHAM F"AMILY, 2630 HENRY'S LANE, PECONIC
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STEWART TITLE INSURANCE COMPANY
125 Baylis Road, Suite 201, Melville, New York 11747
631-501-9615 fax 631"501-9623
Title No.
.s T-.s -- :?/~S
Date
/ot)';;/)OG
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FEE INSURANCE COVERAGE Js,t,,'tJ_6l! PREMIUM s <3 "I.:?, C'(J
FAIR MARKET VALUE RIDER PREMIUM
.
MORTGAGE INSURANCE COVERAGE PREMIUM
ENDORSEMENTS: EnvIronmental
Waiver of Arbitration
Residential
Adjustable Rate Rider
NEW YORK STATE TRANSFERlMANSION TAX
MORTGAGE TAX (Mortgag<e)
MORTGAGE TAX (Mort,gagor)
COMMUNITY PRESERVATION FUND
SURVEY INSPECTION
DEPARTMENTAL SEARCHES
STREET REPORT
llANKRUPTCYSEARCH
ESCROW DEPOSIT FEE
ESCROW DEPOSIT
RECOIillING FEES,
( I) DEED(S) , . db7UlJ
( ) SATISFACTION(S) .
( ) MORTGAGE(S)
( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S)
( ) MORTGAGE AFFIDA VIT(S) .
( ) ASSIGNMENT(S)
.
TOTAL CHARGES SS~.J,{J~
CLOSER CHARGES, IF ANY, PICK-UP FEE
OTHER,
..---'
PATRICIA L. FALLON
. Title Closer
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111111111111 1111111111111111111111111111111111111111111
1111111111111111111111111
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 4
Receipt Number : 07-0001033
TRANSFER TAX NUMBER: 06-18471
District:
1000
.Deed Amount:
Section:
074.00
EXAMINED AND
$5,000.00
Received the Following Fees For
Recorded:
At:
01/04/2007
02:03:58 PM
LIBER:
PAGE:
D00012485
965
Block:
01. 00
CHARGED AS
Lot:
003.000
FOLLOWS
Above Instrument
Exempt
NO
NO
NO
NO
NO
NO
Page/Filing
COE
EA-CTY
TP-584
RPT
Transfer tax
$12.00
$5.00
$5.00
$5.00
$30.00
$0.00
Exemp
NO
NO
NO
NO
NO
NO
Handling
NYS SRCHG
EA-STATE
Cert.Copies
SCTM
Comm.Pres
Fees Paid
$5.00
$15.00
$75.00
$5.00
$0.00
$0.00
$157.00
TRANSFER TAX NUMBER: 06-18471
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
II~. [E ~ [E ~ W [E mil
lfl1 JAN 2 9 2007 l1!J
.
OEPI Of lANO
PRESERVATION
Judith A. Pascale
County Clerk, Suffolk County
1000 07400 0100 003000
.
fLiJ
,
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf. #
Deed I Mortgage Instrument
3
Page I Filing Fee
Handling
5.~
Tp.584
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A.
%0_-
Comm. of Ed.
5. 00
.
Affidavi, ." -'?'\J\
0~-ti~~~~ 1
'N'YS Surcharge
15. 00
s~
Other
4
Real Property
Tax Service
Agency
Verification
Deed I Mortgage Tax Stamp
FEES
Sub Total
Sub Total
Grand Total
151-
SatisfactionslDischargeslReleases List Property Owners Mailing Address
RECORD & RETURN TO,
IJ1tcvuvlE tJtJeo:s~ I
~'>>Nt>F S'ou'nlcl.../J- LI'J#D .;?JI!€~}('v"tfr/v.oJ
fO.llD</I7'j
S'U'_~, tIIy
6
1/'17/
8
Suffolk Count
7
Co. Name
Title #
Recordin
RECORDED
2007 Jan 04 02:03:58 PM
Judith H. Pascale
CLERK OF
SUFFOLK COUNT'-cJ
L DOOC12485
P SIt,S
Nil 06-!E:471
Recording / Filing Stamps
Mortgage Aml.
J. Basic Tax
2, Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add,
TOT. MTG. TAX
Dual Town _ Dual COLlnty
Held for Appointment
Transfer Tax .-("-j--
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
p>\ge # _~ of this instrument.
,
5 Community Preservation Fund
Consideration Amount $ ---6:
CPF Tax Due
-.f:Y
$
Improved=Z
Vacant Land ~
TO
/ODO
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TO
TitIc Com Jany Information
Sre:w.q~,.. r;T~
~T.s'81.2S
& Endorsement Pa e
8/J~~R/lV )tJNf) 5.4 Lt; };cUJ
(SPECIFY TYPE OF INSTRUMENT)
.
This page forms part of the attached
ltJJLi...I,LJ1f} /C. G(l]c"KI//1/11 ;;/ill}
~cN 6. 13LACi</lAh1.A5 /O.:5?Cl:S &1= //(1&
,
13l.../kJ(IIAIJI F/JIYI//..." I iV/Alt[ 7Lu~r Al1iCi> S/se/at
TO
1DwN 0;:" Si),-/'TJ,,,-'LI'J
made by:
The premises herein is situated in
SUFFOLK COUNTY. NEW YORK
In the Township of
111 the VILLAGE
or HAMLET of _
SounM)..l>
BOXES 6 T1IRU 8 l'dUST BE TYPED OR PRINTED IN BLACK INK ON] Y PIZ[n!< T(l I{I:J '1JIZDlNG OR nUNC;
/t:~ty.!.c..___
.
NY 005 . Bargain and Sale Deed with Covenant again.t Granlor', Acl< Individual or CoqlOralion (Single Slleel) (NYBTU ~OO2)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LA WYERS ONLY
QSof
THIS INDENTURE, made th51 d jSJ-
BETWEEN lllJ\clOIlfIl\
WILLIAM R. B:.1.€lffhl..M and EILEEN G. BLACKHAM, as Trustees under the Blackham
Family Living Trust, dated 5-30-01, residing at 5 Fieldstone Lane, Avon, Connecticut
day of
tJUer>?Bc!e.
,in the year dUl1G:,
party afthe fIrst part, and
TOWN OF SOUTHOLD,a municipal corporation of the State of New York, 53095 Route 25,
P.O. Box 1179, Southold, New York
party of the second part,
WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the
party of the second part, does hereby grant and release unto the party of the second part, the heirs 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, situate, lying and being in thc
SEE SCHEDULE "A" ANNEXED HERETO AND MADE PART HEREOF
.
BEING and intended to be the same premises conveyed to the grantors herein by deed
recorded in Liber 12150 at Page 788
TOGETHER with all right, title and interest, if any, of the party of the fmit part of, in and to any streets and roads abutting the
above-described premises to the center lines thereof; TOGETHER with 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 part, the heirs or successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the fmit part has not done or suffered anything whereby the said
premises have been incumbered 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 party of the first part will
receive the consideration for this conveyance and wiH hold the right to receive such consideration as a trust fund to be applied
first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the
improvement before llsing any part of the lotal of the same for any other purpose.
The word "party" shall be construed as ifit read "panies" whenever the sense oftllls indenture so requires.
IN WITNESS WHEREOF, th", party of the Er~l parl has dluy executed this deed the day and year first above written.
IN PRESENCE OF:
'::: ," _ _ ,,""""1::,'7 _ -::-
,[;,:/;1:!~ ^~;&~
William R. Blackham,As Trustee
C~ ~,~...jIflA"^,,
Eileen G. Blackham, As rustee
.
USEACKNO\YUOGMENT FORMBEWWWrrlIlN NEWYORKSTATE ONIX'
State of New York, County of
.
~~ ~of ~~y~
before me, the under$igned, personally appeared
personally known to me or proved to me on the basis of satisfactory
evidence to be the~dividual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that hefsheJthey executed
the same in his/her/their capacity(ies), and that by hislher/their
signature(s) on the instrument, the individual(s), or the person upon
behalf of which the individual(s) acted, executed the instrument.
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ACKNOWLEDGMENT FORM FOR USE WITHIN NEW YORK STATE ONLY.'
{New YorkSuhrcdbi"lf Wif/J<,','Ack,,{)\d<dlfm<~1 CulljlcOf<!
State of New York, County of
~the ~~ ~~y~
before me, the undersigned, personally appeared
the subscribing witness to the foregoing instrument, with whom I a~
personally acquainted, who, being by me duly sworn, did depose and
say that he/she/they reside(s) in
(if the place of residence i,f in a city, include the .ftreet and street number,
ifany, thereof); that he/she/they know(s)
to be the individual described in and who executed the forego~g
instrument: that said subscribing witness was present and saw said
execute the same; and that said witness at the same time subscribed
his/her/theirname(s) as a witness thereto.
.
BARGAIN & SALE DEED
wrrncOVFNANT.AGAINSTGRANTOR'.ACT.
TrruNo. 5/ -S 15/ ;).S~
Blackham
TO
Town of Southold
FIDELITY NATIONAL TITLE INSURANCE
<1>_ COMPANY OF NEW YORK
" INmRPORA7rn 192.~
- ,
C~m~;tI~& Fidelity ..0#~/~
M,,.b,,N....y,,,k.'"," L"Ni n"d,.",,.;"';""
USE ACKNOWLEDGMENT FORM BELOWWlTHINNEWYORKSrATEONLY:
)55.:
State of New York, County of
}ss,:
~~ ~~ in~~
before me, the undersigned, personally appeared
personally known to me or proved to me on the ba.<lis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that helsheJthey CJl..eCuted
the same in hisiher/their capacity(ies), and 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 instrumenl
)5S.:
ACKNOWLEDGMENT FORM 1I0R USEOursWE NEW YORK STATE ONLY:
'" ..JOur oj fl~u (}~f(}Yeig" Genuol AdolOwledlfm<nt CeY/ljlclJlel
.. .V(.), .f1fI.rI/f"dCw...L..,. Us.fI:........ j,"",
(Com"I". V<Il"< with Srau, C"U~Ir)', Pmvi,rc~'(;YMu"ldpoliryl
On the It day of December in the year 2006
before me, the undersigned, personally appeared
William R. Blackham & Eileen G. Blackham ,
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 belshe/they executed
the same in hislherltheir capacity(ies), that by hislhal their signature(s)
on the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument, and thatsuch individual
made such appearnnce before the undersigned in the
AvoVl) {r
J
DISTRICT 1000
SECTION 074.00
BLOCK 01.00
LOT 003.000
COUNTY OR TOWN Suffolk
RECORDED AT REQUEST OF
Fidelity National Title Insurance Company of New York
RETURN BY MAIL TO
Hdtn;e. (o.>kl'
-r;",/\ ctf $~~
1.-"""",, Pr~.5er"'\,h6Y\
r.O Bof \ \"1'1 "
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Stewart Title Insurance Company
Title No: ST -S-8125
/
Schedule A Description
ALL that certain plot, piece or parcel of land, lying and being at Peconic, Town of
Southold, County of Suffolk and State of New York and being bounded and described as
follows:
BEGINNING at a monument set at the Southerly corner of the premises about to be
described, said point of beginning also being 1004.69 feet distant Northwesterly from the
Northerly side of Sound View Avenue;
RUNNING THENCE along the Northeasterly side of Henry's Lane, North 54 degrees
52 minutes 40 seconds West, 100.00 feet to a monument and lands now or formerly of Gregory
. Johnson;
THENCE along said lands North 35 degrees 07 minutes 20 seconds East, 200.00 feet to
a pipe set and the Southwesterly side of Third Avenue;
THENCE along the Southwesterly side of Third Avenue and along lot 63 as shown on
Map No.2 ofPeconic Shores, South 54 degrees 52 minutes 40 seconds East, 100.00 feet to a
monument;
THENCE along a Park of the Town of South old, as shown on Map ofPeconic Knolls,
South 35 degrees 07 minutes 20 seconds West, 200.00 feet to the monument first above
mentioned and the point or place of BEGINNING.
TOGETHER with all right, title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
.
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AL T A OWNER'S POLICY - 10-17-92
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POLICY OF TITLE INSURANCE ISSUED BY
STE~ART TITLE@
INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS ANO STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the
extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized
officers as of the Date of Policy shown in Schedule A.
STEWART TITLE@
INSURANCE COMPA:'oiV
Countersigned by:
~~-
President
~. ~a~.tJ
~ #erF
fIIHIINM",,-_
....:~\NSUR ""
..I,,~...........,4-.~
I.~..~~POR~....Y.~
1":(J ~"~
(i[~ 1987 oi~
. .~
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~.':;.
EXCLUSIONS FROM COVERAGE
The following matters ore expressly excluded from the coverage ollhis policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which orise by reason
of:
1. (0) Any low, ordinance or governmental regulation (including but not limited to building and zoning lows, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the choracter, dimensions or location 01 any improvement now or hereofter erected on the land; (iii) 0 seporolion in
ownership or a change in the dimensions or orea of the land or any parcel of which the land is or was II part; or (iv) environmental protection, or the effect of any violation of these
lows, ordinances or governmental regulations, except to the extent that 0 notice of the enforcement thereol or 0 notice 01 0 delect, lien or encumbronce resulting ham 0 violation or
alleged violation affecting the land has been recorded in the public records at Dote of Policy.
(b) Any governmental police power not excluded by (0) above, except to the extent that 0 notice of the exercise thereol or 0 notice 01 0 defect, lien or encumbronce resulting
from 0 violation or alleged violation affecting the land has been recorded in the public records at Dote of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dote of Policy, but not excluding from coverage any taking which has
occurred prior to Dote of Policy which would be binding on the rights of 0 purchaser for value without knowledge.
3. Defects, liens, encumbronces, adverse claims or other matters:
(0) creoted,suffered,ossumedorogreedtobytheinsuredcloimonf;
(b) not known to the Company, not recorded in the public records at Dote 01 Policy, but known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the dote the insured claimant become on insure dunderthispolicy;
(c) resulting in no loss or damage 10 the insured claimant;
(d) attaching or created subsequent 10 Dote of Policy; or
(e) resulting in loss or damage which would not hove been sustained if the insured c1oimonl hod paid value for the estate or interest insured by this policy.
4. Any claim which orises out of the tronsoction vesting in the Insured the eslote or interest insured by this policy, by reoson of the operation of federal bankruptcy, state
insolvency, orsimilor creditors' rights lows, that is based on.
(0) the tronsoction creating the estate or intereslinsured bylhis policy being deemed 0 houdulentconveyonce or froudulenttronsfer; or
(b) thetronsoction creoling the estate or interesl insured bylhis policy be ingdeemedopreferentioltron~erexceptwherethepreferentioltronsferresultsfromthefoilure:
(i) totimelyrecordtheinslrumentoflronsfer;or
(ii) of such recordation to import notice too purchaser for value or 0 judgment or lien creditor.
"
m~r~:r 0-8831- 388977
NY.OOl (10-17-92)
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Stewart Title Insurance Company
125 Baylis Road, Suite 201
Melville New York 11747
Phone: (631) 501-9615 Fax: (631) 501-9623
Title No: ST-S-8125
/
Date: December 20, 2006
Melanie DorosA.i
Mary Wilson
Town of South old - Land Preservation
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
.
RE: Borrower/Current Owner: Town of South old
Premises: 2630 Henry's Lane
Peconic, New York 11958
Reference:
In reference with the above captioned transaction, enclosed please find the following:
Owners Title Policy
NOTE: Any corrections or questions, please do not hesitate to call.
.
.
.
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ALTAOWNER'SPOLICY
SCHEDULE A
Title No.: ST-S-8125
Policy No.: 0-8831-388977
Date of Policy: December 21, 2006
Amount of Insurance: $5,000.00
1. Name ofInsured:
County: Suffolk
Town of South old
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
3, Title to the estate or interest in the land is vested in:
Town of Southold, who acquired title by virtue of a deed from William R. Blackham and Eileen G.
Blackham, Trustees, by deed dated 12/21/2006 and to be recorded in the Suffolk County
Clerk's/Register's Office.
4. The land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
District: 1000
Block: 01.00
Section: 074.00
Lot: 003.000,
4612 (7/93)
Page 2
STEWART TITLE
INSURANCE COMPANY
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Stewart Title Insurance Company
Title No: ST-S-8125
Policy No.: 0-8831-388977
Schedule A Description
ALL that certain plot, piece or parcel of land, lying and being at Peconic, Town of
Southold, County of Suffolk and State of New York and being bounded and described as
follows:
BEGINNING at a monument set at the Southerly corner of the premises about to be
described, said point of beginning also being 1004.69 feet distant Northwesterly from the
Northerly side of Sound View Avenue;
RUNNING THENCE along the Northeasterly side of Henry's Lane, North 54 degrees
52 minutes 40 seconds West, 100.00 feet to a monument and lands now or formerly of Gregory
Johnson;
THENCE along said lands North 35 degrees 07 minutes 20 seconds East, 200.00 feet to
a pipe set and the Southwesterly side of Third Avenue;
THENCE along the Southwesterly side of Third Avenue and along lot 63 as shown on
Map No.2 of Peconic Shores, South 54 degrees 52 minutes 40 seconds East, 100.00 feet to a
monument;
THENCE along a Park of the Town of Southold, as shown on Map of Peconic Knolls,
South 35 degrees 07 minutes 20 seconds West, 200.00 feet to the monument first above
mentioned and the point or place of BEGINNING.
TOGETHER with all right, title and interest of the party of the fIrst part, in aod to the laod lying in the street in front
of aod adjoining said premises.
.
STEWART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
Title No.: ST-S-8125
ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8831- 388977
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 furnisbed 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 21, 2006
STEWART TITLE
Stewart Title Insurance Company
INSURANCE COMPANY
Signed by:
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Authorized Office or Agent
Stewart Title Insurance Company
125 Baylis Road, Suite 201
Melville, New York 11747
Agent No.: 327005
.
STANDARD NEW YORK ENDORSEMENT (9/1/93)
FOR USE WTTH ALTA OWNER'S POLlCY (10117/92)
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12/21/2006 15:35
STEWART T1TlE RVHD
PAGE 03/03
16317275985
ALTA OWNER'S POLICY
SCHEDULE B
Title No.: ST -S-8125
PolicyNo 0-8831-388977
EXCEPTIONS FROM COVERAGE
Tbis policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees
or expenses) wbich arise by reason of:
1. Rights oftenant(s) or person(s) in possession, if any.
2. Subject to water charges, if any.
3. Subject to any restrictions under the Tidal Wetland ActfFreshwater Wetlands Act.
4. Policy excepts unpaid water, sewer and/or street frontage charges to date, if any.
5. Survey made by Peconk Surveyors, P.c. dated 11/16106 shows vacant land; wetlands; drainage ditch; grass
road and utility boxes as shown thereon.
4613 (2/93
Page 3
STEWART TITLE
INSURANCE COMPANY
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CONDITIONS AND STIPULATIONS
1. DEFINITION OFTERMS.
The following terms when used in this policy mean,
(0) "insured", the insured named in Schedule A, and, subiectto any rights or defenses
the [ompany would hove hod against the named insured, those who succeed to the interest
of the named insured by operation of low os distinguished from purchase including, but not
limited to, heirs, distributees, devisees, survivors, personal representatives, next of ~n, or
corporoteorfiducilHysu({8ssors.
(b) "insuredclaimont",an insured claiming loss or damage.
(c) "knowledge" or "known", actual knowledge, not constructive knowledge or notice
which may be imputed to on insured by reason of the public records os defined in this policy
or any other records which import constructive notice of moners affecting the land.
(d) "land", the land described or referred to in Schedule A, and improvements affixed
thereto which by low constitute real property. The term "land" does not include any property
beyond the lines of the area described or referred to in Schedule A, nar any right, title,
interest, estate or easemenl in abuning streels, roods, avenues, alleys, lones, ways or
waterways, but nothing herein sholl modify ar limit the extent to which 0 right of occess to
and from the land is insured by this policy.
(e) "mortgage", mortgage, deed of trust, Irust deed, or other security instrument.
(D "public records", records established under slate statutes at Dote of Policy for the
purpose of imparting constructive noticeofmoners relating to real property to purchasers for
value and without knowledge. With respecl to Section I (o)(iv) of the Exclusions from
[overage, "public records" sholl also include environmental protection liens filed in the
records of the clerk of the United Slates districl court for the district in which the land is
locoted.
(g) "unmarketobilityofthe title", on oileged or apparent maner affecting the title to
the land, not excluded or excepted from coverage, which would entitle 0 purchaser of the
estate or interest described in Schedule A to be released from the obligation to purchase by
virtueofacontroctualcanditianrequiringthedelive~ofmarketabletitle.
2. CONTINUATION Of INSURANCE AfTER CONVEYANCE Of TITLE.
The coverage of this policy sholl continue in force os of Dote of Policy in favor of on
insured only so long os the insured retains on eslote ar interest in the 10 nd,orholdsan
indebtedness secured bya purchase money mortgage given byo purchaser from the insured,
ar only so long os the insured sholl hove liability by reason 01 covenants of warranty mode by
tfreinsured in onytronsferor conveyance of the estate or interest. This policy sholl not
continue in force in favor of any purchaser from the insured of either (i) on estate or interest
in the land, or (ii) on indebtedness secured by 0 purchase money mortgage given to the
insured.
3. NOTICE Of [lAIM TO BE GIVEN BY INSURED [lAIMANT.
The insured sholl notify the [ompany promptly in writing (i) in case of any litigation os
set forth in Section 4(0) below, (ii) in cose knowledge sholl come to on insured hereunder a!
any claim of title ar interest which is adverse to the title to the estate or interest, os insured,
and which might couse loss or damage for which the [ompony may be liable by virtue of this
policy, or (iii) if title to the estate or interest, os insured, is rejected os unmarketable. If
prompt notice sholl not be given to the [ompony, then os to the insured 011 liability of the
[ompony sholl terminate with regard to the maner or moners for which prompt notice is
required; provided, however, that failure to notify the [ompony sholl in no cose prejudice the
rights of any insured under this policy unless the [ompony sholl be preiudiced by the failure
and then only to the extent of the prejudice.
4. DEfENSE AND PROSECUTION Of AGlONS; DUTY Of INSURED [lAIMANT TO
COOPERATE.
(0) Upon written request by the insured and subiectto the options contained in Section
6 of these [onditions and Stipulations, the [ompany, at its own cost and without
unreasonable delay, sholl provide for the defense of on insured in litigation in which any third
party asserts 0 claim adverse to thelitle ar interest os insured, but only os to those stated
cousesoloction alleging 0 defect, lien or encumbronce or other moner insured against by this
policy. The [omponysholl hove the right to select counsel of its own choice (subiect to the
right of the insured to obiectfor reasonable couse) 10 represent the insured os to those stated
couses of action and sholl not be liable for and will not pay the fees of any other counsel.
The [ompony will nol pay any fees, costs or expenses incurred by the insured in the defense
of those cousesofoction which allege moners not insured against by this policy
(b) The [ornpany sholl hove the righI, at its own cost, to instilute and prosecute any
aclian or proceeding or 10 do any other oct which initsoprnion maybe necessory or desiroble
to esloblish the litle to Ihe estate or interest, osinsured,orto prevent or reduce loss or
damage 10 the insured. The [ompony may toke any oppropriole oction under the lerms 01
this policy, whelheror not ilsholl be liable hereunder, and sholl nol thereby concede liability
ar waive any proVISion of this polICY If the [ompony sholl exercise it righls under this
porogroph,ltshnlidosodlligently
(c) Whenever the [ompany sholl hove brought on action or interposed 0 defense 0:
required or permitted by the provisions of this policy, the [ompany may pursue any litigatior
to final determination byo court of competent iurisdiction and expressly reserves the right, il
its sole discretion, to appeal from any adverse iudgment or order.
(d) In 011 cases where this policy permits or requires the [ompany to prosecute 0
provide for the defense of any action or proceeding, the insured sholl secure to the [ompaOl
tfre right to so prosecute or provide defense in the action ar proceeding, and 011 appeal,
therein, and permit the [ompany to use, at its option, the nome of the insured for thi,
purpose. Whenever requested by the [ompony, the insured, at the [ompony's expense, shol
give the [ompany 011 reasonable aid (i) in any action or proceeding, securing evidence
obtaining witnesses, prosecuting or defending the action ar proceeding, or effectin!
senlement, and (ii) in any other lawful oct which in the opinion of the [ompany may b.
necessoryor desiroble to establish the title to the estate or interest os i nsured. 11th.
[ompony is preiudiced by the failure of the insured to furnish the required cooperation, th.
[ompony's obligations to the insured under the policy sholl terminate, including any liobili~
or obligation to defend, prosecute, or continue any litigation, with regard to the moner 0
moners requiring such cooperation.
5. PROOf Of lOSS OR DAMAGE.
In addition to and alrer the notices required under Section 3 of these [onditions 00(
Stipulations have been provided the [ompany, 0 p<oof of loss or damage signed and sworn tl
by the insured claimant sholl be furnished to the [ompany within 90 days alrer the insure.
claimant sholl oscertain the focts giving rise to the loss or damage. The p<oof of loss 01
damage sholl describe the defect in, or lien or encumbronce on tfre title, or other man"
insured against by this policy which constitutes the basis of loss or damage 0 nd sholl state, tc
the extent possible, the basis of colculoting the amount of the loss or damage. II thE
[ompony is p"judiced by the failure of the insured claimant to p<ovide the rBl]uired p<oofo
loss or damage, the [ompany's obligations to the insured under the policy sholl terminate.
including any liability or obligation to defend, prosecute, ot continue any litigation, witl
regotd to the moner or maners requiring such proof of loss ot damage.
In addition, the insured claimant may reasonably be required to submit to examinotior
under ootfr by any authotized representative of th, [ompany and sholl produce fOl
examination, inspection and copying, at such reasonable times and places os may b,
designated by any authorized "presentative of the [ompany, 011 "cords, books, ledgers,
checks, correspondence and memoranda, whether beoting 0 dote before or olrer Dote 01
Policy, which reasonably pertain to the loss ot damage. further, if requested by an\
authorized representative of the [ompany, the insured claimant sholl grant its permission, ir
writing, for any authorized representative of the [ompony to examine, inspect and copy 011
records, books, ledgers,checks,correspondenceandmemorondo in the custody or control ofc
third party, which reasonably pertain to the loss or damage. All information designated"
confidential by the insured claimant provided to the [ompany pursuant to this Section sholl
not be disclosed to others unless, in the reosonable judgment of the [ompony, it is necesso~
in the administ<otion of the claim. Failure of the insured claimant to submit for examinotior
under oath, p<oduce other reasonably requested information or g<ont permission to secUIE
reasonably necessary information from third parties os required in this paragraph sholl
terminate any liability of the [ompony under this policy os to that cia im.
6. OPTIONS TO PAY OR OTHERWISE SETTLE ClAIMS; TERMINATION OF LIABILITY.
In cose ofo claim under this policy, the [ompony sholl hove the following additional
options:
(0) To Payor Tender Payment oftfre Amount of Insurance.
To pay ot tender payment of the amount of insu<once under this policy tog etherwithan\
costs, onomeys' fees and expenses incurred by the insured claimant, which were authorizer
by the Company, up to the time of payment ot tender of payment and which the [ompony i,
obligated to pay.
Upon the exercise by the [ompony of this option, 011 liability and obligations to th,
insured under this policy, other than to make the payment requited, sholl terminate,
including any liability or obligolion to defend, prosecute, or continue any litigation, and thE
policy sholl be surrendered to the [ompanyfot concellotion.
(b) To Payor Otfrerwise Senle Witfr Parties Otfrer than the Insured or With tfre
Insured [Iaimont.
(i) to pay ot otherwise senle with other potties for ot in the name of on insured
claimant any claim insured against under this policy, together wilh any costs, onomeys' fee'
and expenses incutred by Ihe insured claimant which we" authotized by the [ompony up te
the time 01 payment and which the [ompony is obligated to pay; ot
(ii) to payor otherwise senle with the insured claimant the loss ot damagE
provided fot under this policy, together with any costs, onorneys' fees and expenses incurred
by the insured claimant which were authorized by the [ompony up to the time of payment
ond which the [ompony il obligated to poy
(continued and concluded on last page of this policv)
(continued and concluded from reverse side of Policy Face)
.
Upon the exercise by the Company of either of the options provided for in porogrophs
(b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or
damage, other than the payments required to be mode, sholl terminate, including any
liability or obligation to defend, prosecute or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
Thispolicyiso controct of indemnity against actual monelory loss or damage sustained
or incurred by the insured claimant who has suffered loss or damage by reaSOn of moilers
insured against by this policy and only to the extent herein described.
(0) The liability of the Company under this policy sholl not exceed the least of:
(i) the Amount of Insuroncestoted in Schedule A; or,
(ii) the difference between the value of the insured estate or interest os insured
and the value of the insured estate or interest subject to the defect, lien or encumbronce
insured against by this policy.
(b) In the event the Amount of Insuronce stated in Schedule A at the Dote of Policy is
less than BO percent of the value of the insured estate or interest or the full consideration paid
for the estate or interest, whichever is less, or if subsequent to the Dote of Policy on
improvement is erected on the land which increases the value of the insured estate or interest
by at least 20 percent over the Amount of Insuronce stated in Schedule A, then this Policy is
subject to the following:
(i) where no subsequent improvement has been mode, os to any portiolloss, the
Company sholl only pay the loss pro rota in the proportion that the amount of insuronce at
Dote of Policy beors to the total value oflhe insured estate or interest at Dote of Policy; or
(ii) where 0 subsequent improvement has been mode, os to any partial loss, the
Company sholl only pay the loss pro rota in the proportion that 120 percent of the Amount of
Insuronce stated in Schedule A beors to the sum of the Amount of Insuronce stated in
Schedule A and the amount expended for the improvement.
The provisions of this porogroph sholl not apply to costs, ollomeys' fees and expenses for
which the Company is liable under this policy, and sholl only apply to that portion of any loss
which exceeds, in the aggregate, 10 percent of the Amount of Insuronce stated in Schedule A.
(c) The Company will pay only those costs, ollomey's fees and expenses incurred in
oecordonce with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels which ore not used os
oSinglesite,ondolossisestoblishedoffectingoneormoreoftheporcelsbutnotoll, the loss
sholl be computed and sellled on 0 pro rota basis os if the amount of insuronce under this
policy was divided pro rota os to the value on Dote of Policy of each seporote parcel to the
whole, exclusive of any improvements mode subsequent to Dote of Policy, unless 0 liability or
value has otherwise been agreed upon os to each parcel by the Company and the insured at
the time of the issuance of this policy and shown by on express statement or by on
endorsementolloehed to this policy.
9. LIMITATION OF LIABILITY.
(0) If the Company establishes the title, or removes the alleged defect, lien or
encumbronce, or cures the loek of 0 right of oecess to or from the land, or cures the claim of
unmorketobility of title, 011 os insured, in 0 reasonably diligent manner by any method,
including litigation and the completion of any appeals therefrom, it sholl hove fully performed
its obligations with respect to that moiler and sholl not be liable for any loss or damage
cousedthereby.
(b) In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company sholl hove no liability for loss or damage until there has
been 0 final determination by 0 court of competent jurisdiction, and disposition of 011 appeals
therefrom, adverse to the title os insured.
(c) The Company sholl not be liable for loss or damage to any insured for liability
voluntorily assumed by the insured in sellling any claim or suit without the prior wrillen
consentofthe Company.
10. REDUaJON OF INSURANCE; REDUaJON OR TERMINATION OF L1ABILI1Y.
All payments under this policy, except payments mode for costs, ollomeys' fees and
expenses, sholl reduce the amount of the insuronce pro tanto.
11. LIABILITY NONCUMUlATIVE.
It is expressly underslood that the amount of insuronce under this poli cysholl be reduced
by any amount the Company may pay under any policy insuring 0 mortgage to which
exception is token in Schedule B or to which the insured has agreed, assumed, or token
subject, or which is hereafter executed by on insured and which is 0 chorge or lien on the
estate or interest described or referred to in Schedule A, and the amount so paid sholl be
deemed 0 payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(0) No payment sholl be mode without producing this policy for endorsement of the
payment unless the policy has been lost or destroyed, in which cose proof of loss or
deslructioc sholl be furnished to the satisfaction oflhe Company
.
.
(b) When liability and the extent of loss or damage has been definitely fixed in
oecordonce with these Conditions and Stipulations, the loss or damage sholl be payable
within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SffiLEMENT.
(0) The Compony's Right 01 Subrogalian.
Whenever the Company sholl hove settled and paid 0 claim under this policy, 011 right of
subrogation sholl vest in the Company unaffected by any oct of the insured claimant.
The Company sholl be subrogated to and be entitled to 011 rights and remedies which the
insured claimant would have hod against any person or property in respect to the claim had
this policy not been issued. If requested by the Company, the insured claimant sholl tronsfer
to the Company 011 rights and remedies against any person or property necessary in order to
perfect this right of subrogation. The insured claimant sholl permit the Company to sue,
compromise or sellle in the nome of the insured claimant and to use the nome of the insured
c1oimontinonytronsoction or litigation involving these rights or remedies.
II 0 payment on account of 0 claim does not fully cover the loss of the insured claimant,
the Company sholl be subrogated to these rights and remedies in the proportion which the
Company's payment beors to the whole amount of the loss.
II loss should result ham any oct of the insured claimant, os stated above, that oct sholl
not void this policy, but the Company, in that event, sholl be required to pay only that port of
any losses insured against by this policy which sholl exceed the amount, if any, lost to the
Company by reason of the impairment by the insured claimant of the Company's right of
subrogation.
(b) The Compony's Rights Against Non-insured Obligo~.
The Company's right of subrogation against non-insured obligors sholl exist and sholl
include, without limitation, the rights of the insured to indemnit ies,guoronties, other policies
of insuronce or bonds, notwithstanding any terms or conditions contained in those
instruments which provide for subrogation rights by reason of this po Iicy.
14. ARBITRATION
Unless prohibited by applicable low, either the Company or the insured may demand
orbitrotion pursuant to the Title Insuronce Arbitrotion Rules of the American Arbitrotion
Association. Arbitroble moilers may include, but ore not limited to, any controversy or claim
between the Company and the insured orising out of or relating to this policy, any service of
the Company in connection with its issuance or the breoeh of 0 policy provision 01 other
obligation. 'All orbitroble moilers, when the Amount of Insuronce is $1,000,000 or less sholl
beorbitroted at the option of either the Company or the insured. All orbitroble moilers when
the Amount of Insuronce is in excess of $1,000,000 sholl be orbitroted only when agreed to
by both the Company and the insured. Arbitrotion pursuant to this policy and under the Rules
in effect on the dote the demand fororbitrotion is mode or, at the option of the insured, the
Rules in effect at Dote of Policy sholl be binding upon the parties. The oword may include
ollorneys' fees only if the lows of the state in which the land is loeoted permit 0 court to
oword ollorneys' fees to 0 prevailing party. Judgment upon the oword rendered by the
Arbitrotor(s) may be entered in any court having jurisdiction thereaf.
The low of the situs of the land sholl apply to on orbitrotion under the Title Insuronce
Arbitrotion Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRAU.
(0) This policy together with 011 endorsements, if any, olloehed hereto by the Company
is the entire policy and controct between the insured and the Company. In interpreting any
provision of this policy, this policy sholl be construed oso whole.
(b) Any claim of loss or damage, whether or not based on negligence, and which orises
out of the status of the title to the estate 01 interest covered hereby or byonyoetionosserting
such claim, sholl be restricted to this policy.
(c) No amendment of or endorsement to this policy can be mode except by 0 writing
endorsed hereon or alloehed hereto signed by either the President, 0 Vice President, the
Secretory, on Assistant Secretory, or validating officer or authorized signatory of the Company.
16, SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceahle under applicable
low, the policy sholl be deemed not to include that provision and 011 other provisions sholl
remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writin g required to be
furnished the Company sholl include the number of this policy and sholl be addressed to the
Company at 300 East 42nd Street, New York, New York 10017.
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MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa. spiro @town.southald.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCA nON:
Town HaIl Annex
54375 State Route 25
(corner of Main Road & Youngs A venue)
SouthoId, New York
MAILING ADDRESS:
P.O. Box Il79
Southold, NY I I97I-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Tax Assessors
Suffolk County Division of Real Estate
South old Town Board of Trustees
From: Melissa Spiro, Land Preservation Coordinator
Date: December 27,2006
Re:
Building Department
Data Processing
Town Comptroller
Stewardship Manager
Planning Board
The Nature Conservancy
Peconic Land Trust
BLACKHAM FAMILY LIVING TRUST to TOWN OF SOUTHOLD
Open Space Acquisition
SCTM #1000-74-1-3
Please be advised that the Town has acquired the open space property listed below. If you would
like any additional information regarding the purchase, please feel free to contact me.
LOCATION:
2630 Henry's Lane, Peconic
PROPERTY OWNER:
Blackham Family Living Trust
Closing took place on Thursday, December 21, 2006
PURCHASE DATE:
OPEN SPACE ACREAGE:
0.46 acre (vacant land)
$5,000 per contract (sellers offered a bargain sale)
PURCHASE PRICE:
Community Preservation Funds - 2% Land Bank
FUNDING:
MISCELLANEOUS:
This property is listed on the Town's Community Preservation
Project Plan as property that should be preserved due to its
significant wetlands and natural woodland areas. The purpose of
this purchase is for the preservation of open space and to allow
the property to remain in its undisturbed present state. The
property is adjacent to land currently owned by the Town of
Southold. No sanitary flow credits are available for transfer from
this purchase.
.
SURVEY OF PROPERTY
AT PECONIC
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NY
1000-74-01-03
SCALE: 1"=30'
NOVEMBER 16, 2006
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OF SECTION 72D90F THE NEW YORK STATe EDUCATION LAW
EXCEPT AS PER SECTION 7209-SUBDI'd!:>iON 2 /iLL CFRT/F/C.17icr,"
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Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Road & Youngs Avenue)
Southold, New York
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro@town.southold.ny.us
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
January 30, 2007
George R. Sullivan, Receiver of Taxes
Town of Southold
53095 Route 25
P.O. Box 1409
Southold, NY 11971-0499
Re: Notice of New Owner
SCTM #1000-74-1-3
Dear George:
. Please be advised that the Town of Southold acquired the property identified
as SCTM #1000-74-1-3 located at 2630 Henry's Lane in Peconic for open space
purposes by deed dated December 21, 2006. The Town purchased the 0.46 acre
parcel from the Blackham Family Living Trust. Town check #89120 was issued at
the time of closing in the amount of $479.33 in full payment of the 2006-07 real
property tax bill no. 8537.
All future real property tax bills should be forwarded directly to the Town of
Southold Accounting Department for payment, at 53095 Route 25, P.O. Box 1179,
Southold, NY 11971-0959, until such time as the property is declared exempt by the
Town Assessors.
Very truly yours,
~~
Melissa Spiro
Land Preservation Coordinator
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cc:
Southold Town Assessors
Town Comptroller
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SURVEY OF PROPERTY
AT PECONIC
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NY
1000-74-01-03
SCALE: 1.-30'
NOVEMBER 16, 2006
FINAL
SURVEY
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ANY AL TERA TlON OR ADDITION TO THIS SURVEY IS A VIOLA TION
OF SECTION 72090F THE NEW YORK STA TE EDUCA TlON LA W.
EXCEPT AS PER SECTION 7209-SUBDIV1SION 2. ALL CERTlFICA TlONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
WHOSE SIGNA TURE APPEARS HEREON.
o P CONIC SURVEY<
(631) 765-5020
P. 0. 80X 909
M=MONUMENT 1230 TRAVELER STREET 06-245
.=PIPE SOUTHOLD, N. Y. 11971
CER TIFfED TO:
TOWN OF SOUTHOLD
STEWART TITLE INSURANCE COMPANY
AREA=20,OOO SO. FT.
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