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Home My WebLink AboutFISD Final order establishing district ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ;;;~ ~.~ + + "'" ;:.:: ~.. ~ -'2l :>::: . r,fCOUNTi,\\~ 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 January 24, 2008 Town of South old, New York Increase and Improvement of Fishers Island Sewer District (Our File Designation: 2615/30898) Gerard Fernandez, Jr. Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Fernandez, Jr.: Enclosed please find an original affidavit of the publication of adoption. Please let me know if you need anything else for your files. Very truly yours, LA~'fY\bIL Lynda M Bolm Deputy Town Clerk Encs. Cc: Town Attorney, file #8639 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck. in said county, being duly sworn: says that she is Princi al Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattit~ck in the Town of Southold, County of Suffolk and State of New Yo~k, an~ that the Notic~ of which the annexed is a printed copy, has been regularly pu.bllshed In said Newspaper once a week for --L- week(s), successively, commencing on the 131h day of D,oem'." 2Q07. ~ - ~~ Principal Clerk Sworn to before me this LEGAl NoneI': NOTICE OF ADOPTION The resolution, a summary of which is published herewith has been adopted on August 28, 2007, and a Proposition there- for has been approved by a majority of the qualified voters of the Town voting thereon at the Biennial Town Election held on November 6, 2007. The validity of the obligations authorized by such resolution may be hereafter contested only if sllch obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is Dot authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of pub- lication of this notice, or such obligations were authorized in violation of the pro- visions of the constitution. ELIZABETH A. NEVILLE Town Clerk Town of Southold BOND RESOLUTION OF THE TOWN OF SOUTHOLD,NEW YORK, ADOPTED AUGUST 28. 2007, AU- THORIZING THE ACQUISITION OF INTERESTS OR RIGHTS IN AG- RICULTURAL LANDS. INCLUD- ING DEVELOPMENT RIGHTS IN OPEN AGRICULTURAL LANDS; PROVIDED, HOWEVER. THAT NO SUCH INTERESTS OR RIGHTS IN SUCH AGRICULTURAL LANDS SHALL BE ACQUIRED UNTIL ALL RELEVANT PROVISIONS OF THE STATE ENVIRONMENTAL QUAL- ITY REVIEW ACT HAVE BEEN ~ I 10 fk(\./ 2007 day of COMPLIED WITH AND A FINAL DECLARATION AS TO ENVI- RONMENTAL IMPACT HAS BEEN DULY DECLARED; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $4.000,000; FURTHER AUTHORIZING THE TOWN TO RESERVE THE RIGHT TO SELL, LEASE, ALIENATE OR OTHER- WISE TRANSFER SUCH INTER- ESTS OR RIGHTS IN AGRICUL- TURAL LANDS HEREINAFTER ACQUIRED PURSUANT HERETO AND TO PROVIDE FINANCING FOR THE PREPARATION OF PLANS AND SPECIFICATIONS AND OTHER STUDIES RELATIVE TO THE DEVELOPMENT AND USE OF THE ACQUIRED AGRICULTURAL LANDS; APPROPRIATING SAID AMOUNTTHEREFOR;AUTHORIZ_ ING THE ISSUANCE OF $4,000,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION; STATING THAT LAND INSTALL- MENT PURCHASE OBLIGATIONS ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND RESO- LUTION; AND DETERMINING THAT THIS BOND RESOLUTION SHALL BE SUBJECT TO A MANDA_ TORY REFERENDUM Object or purpose: acquisition of in- terests or rights in agricultural land, in- cluding, but not limited to, development rights in open agricultural lands, within said Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural or scenic resources and the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural land hereinafter acquired and to provide fi- nancing for the preparation of plans and specifications and other studies relative to the development and use of the ac- quired agricultural land. Amount of obligations to be issued: $4.000,000 Period of probable usefulness: thirty (30) years A complete copy of the Bond Reso- lution summarized above shall be avail- able for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. Dated; August 28, 2007 Southald, New York ~"'NEVILLE . 1bwIl Clerk 11 1(\(\ 1 rJ, .(j0LlJ1{/ ( ~RrST~ ybL~SKI NOTARY PUBliC-STATE OF NEW YORK No.Ol.Y06105050 Qualified In Suffolk County Comml!1;sion Expire! February 28. 200fl . 8639-1 T 12/13 DELAFIELD & WOOD LLP , '~D f\."'~'M.'"' , DEe L 1 2007 PHONE (212) 820-9300 FAX (212) 514-8425 ONE CHASE MANHATTAN PLAZA NEW YORK, NY 10005 WWW.HAWK1NS.COM " ,. NEW YORK WASHINGTON NEWARK HARTFORD LOS ANGELES SACRAMENTO SAN FRANCISCO Sourhold Town Clerk Writer's direct contact: Phone: 212-820-9416 Fax: 212-820-9651 E-mail: gfernandez@hawkins.com December 19, 2007 Town of Southold, New York Increase and Improvement of Facilities of Fishers Island Sewer District (Our File Designation: 2615/30898) Ms. Lynda M. Bohn Deputy Town Clerk P.O. Box 1179 Southold, New York 11971 Dear Ms. Bohn: Thank you for your letter dated December 11th enclosing the executed Estoppel Certificate together with a certified copy of the letter from the State Comptroller's office acknowledging receipt of the Final Order as to the establishment of the District. These items have been included in our records. Again thanking you and with all best wishes for a Happy Holiday and a Healthy, Happy and Prosperous New Year. I remain ~. Gerard Fernandez, Jr. GFjr/jc cc: Town Attorney 535485.1030898 LTR . . 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 December II, 2007 Town of Southold, New York Increase and Improvement of Fishers Island Sewer District (Our File Designation: 2615/30898) Gerard Fernandez, Jr. Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Fernandez, Jr.: Enclosed please find an original, Estoppel Certificate and a certified letter received from the NYS Comptrollers office. Please let me know if you need anything else for your files. Very truly yours, ~~W1R>.P '4~da M Bohn Deputy Town Clerk Encs. Cc: Town Attorney, file . . THOMAS P. DiNAPOLI STATE COMPTROLLER ] 10 STATE STREET ALBANY, NEW YORK 12236 STATE OF NEW YORK OFFICE OF THE STATE COMPTROLLER RECEIVED November 19, 2007 Lynda M. Bohn, Town Clerk Town of South old 53095 Main Road P.O. Box 1179 Southold, New York 11971 NOV 2 6 2007 Southord Town Clerk Re.: Town of Southold; Establishment of the Fishers Island Sewer District Dear Ms. Bohn: This will acknowledge receipt of the order of the town board ofthe Town of Southold dated August 28, 2007, establishing the above referenced district. This order was filed in the Office of the State Comptroller on September 6, 2007. In acknowledging receipt, we express no opinion as to the validity of the proceedings undertaken by the town in connection with the formation of this district. Very truly yours, !~1 ?J;~ Associate Counsel MSM:EMM:sm cc: Steve Fountain . . DELAFIELD & WOOD LLP RECEIVED PHONE (212) 820-9300 FAX (212) 514-8425 ONE CHASE MANHATTAN PLAZA NEW YORK, NY 10005 WWN.HAWKtNS.COM SEP 2 4 2007 NEW YORK WASHINGTON NEWARK HARTFORD LOS ANGELES SACRAMENTO SAN FRANCISCO Soufhold Town Cleric Writer's direct contact: Phone: 212-820-9416 Fax: 212-820-9651 E-mail: gfernandez@hawkins.com Sepcember 20, 2007 Town of South old, New York Increase and Improvement of Facilities of Fishers Island Sewer District (Our File Designation: 2615/30898) Lynda M. Bohn Deputy Town Clerk P.O. Box 1179 Southold, New York 11971 Dear Ms. Bohn: Thank you for your letter dated September 12th enclosing certified copy of (a) the Order Calling Public Hearing and (b) the Final Order Establishing the District with proof of filing with the County Clerk. Each of these proofs has been included in our record of proceedings. \Vith kind regards, I.renlain Gerard Fernandez, Jr. GFjr/jc 530236.1030898 LTR It ..Ex. US Airbill Express FadE, 8619 "",". 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ELIZABETH A_ NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 12, 2007 Town of Southold, New York Increase and Improvement of Fishers Island Sewer District (Our File Designation: 2615/30898) Gerard Fernandez, k Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Dear Mr_ Fernandez, Jr.: Enclosed please find an original, filed Final Order Establishing District, certification of filing with the County Clerk, a certified resolution adopting the Final Order, a copy of the letter sent to the State Comptroller and a copy of the Federal Express label as proof of when it was sent. Please let me know if you need anything else for your files. Very truly yours, J~m~ Lynda M Bohn Deputy Town Clerk Encs. Cc: Town Attorney, file . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER . OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD Mitchell Morris NYS Office of the Comptroller 110 State Street Legal Services, 4th Floor Albany, NY 12236 Dear Mr. Morris: September 5, 2007 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown. northfork. net Enclosed find an original certified copy of the Final Order Establishing the Fishers Island Sewer District that has been filed with the Suffolk County Clerk's office and a copy of the adopted resolution by the Southold Town Board. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. enc ;;::~Q Lynda M Bohn Deputy Town Clerk . . A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 28th of August, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Council person Albert 1. Krupski, Jr., Councilperson ---------------------------------------------)( In the Matter of the Establishment of the Fishers Island Sewer District: in the Town of South old, in the County of Suffolk, New York, pursuant to Article 12-A the Town Law. c: (0 ,-',' . ) ,-,", r ---------------------------------------------)( FINAL ORDER ESTABLISHING DISTRICT WHEREAS, the Town Board of the Town of South old (herein called "Town Board" and "Town", respectively), had heretofore caused to be prepared a general map and plan relating to the establishment of the Fishers Island Sewer District (the "District"), and the improvement of the facilities of said District, consisting of construction of a secondary treatment system connected to private mains, which map and plan were duly filed in the office of the Town Clerk of the Town for public inspection; and WHEREAS, pursuant to the order of the Town Board dated June 21,1977, a public hearing upon the question of such establishment of the District was held on July 12,1977 at 11:00 o'clock A.M. (Prevailing Time); and WHEREAS, the Town Board adopted a conditional order on November 10,1977, reciting a description of the boundaries of the District in a manner sufficient to . . identifY the lands included therein as in a deed of conveyance, the improvements proposed, the fact that the cost of the establishment and improvement of the District and facilities shall be at no cost to the Town and shall be paid entirely by the owners of the real property within said District or from additional sources, the fact that a map and report describing the same are on file in the Town Clerk's office for public inspection; and WHEREAS, following publication and posting of certified copies of said Order pursuant to Article 12-A of the Town Law and after a public hearing duly held by the Town Board at the time and place herein referred to, the Town Board, by resolution duly adopted November 10, 1977, determined that the notice of public hearing was published and posted as required by law, and is otherwise sufficient, that all the property and property owners within the proposed District are benefited thereby, that all the property and property owners benefited are included within the limits of the proposed District, that it is in the public interest to establish the District, subject to permissive referendum. Now, therefore, be it ORDERED, that the Fishers Island Sewer District is hereby established, to be known as Fishers Island Sewer District, in the Town of Southold, situate wholly outside of any incorporated village or city, and bounded and described as follows: ALL that certain parcel of land located at Fishers Island, Town of Southold, Suffolk County, New York, more particularly bounded and described as follows: BEGINNING at a point in the shore line of Fishers Island and Fishers Island Sound as same is located in Parcel No.1 of a Quitclaim Deed between the United States of America and Race Point Corporation, recorded in the office of the Suffolk County Clerk in Liber 4615 p. 283; RUNNING THENCE South 46 degrees 58 minutes East about 408 feet to a monument; THENCE South 35 degrees 24 minutes East, 424.00 feet to a monument, both lines abutting northeasterly on land now or formerly of the Estate of S.A. Salvage; RUNNING THENCE three lines abutting southeasterly, northeasterly and northwesterly on land now or formerly of Wilmer ding, South 32 degrees 36 minutes West, 465.9 feet to a monument; THENCE South 26 degrees 57 minutes East about 405 . . feet to a monument; THENCE North 62 degrees 26 minutes East, 687.22 feet to a monument at land now or formerly ofJohn Wilmerding; THENCE South 31 degrees 18 minutes East, 188.41 feet and North 62 degrees 26 minutes East, 1.61 feet to a monument; THENCE South 27 degrees 34 minutes East, 25.00 feet to a monument; THENCE running the southwesterly line of Equestrian Avenue, South 76 degrees 2 minutes 30 seconds East, 58.22 feet to a drill hole at the intersection of the southeasterly line of Winthrop Drive and the southwesterly line of Equestrian Avenue (being the point of beginning of said Parcel No. I in Deed Liber 4615 p. 283); THENCE continuing southeasterly and northeasterly along Equestrian A venue to its intersection with Beach Avenue described as the point or place of beginning ofthe "I't Tract" in a Quitclaim Deed from the United States of America to the Town of Southold, recorded in the Suffolk County Clerk's Office in Liber 4614 p. 296; THENCE along the southwesterly, southerly and southeasterly line of Beach A venue the following 8 courses and distances: (I) South 47 degrees 7 minutes 40 seconds East, 514.09 feet; (2) South 84 degrees 21 minutes 15 seconds East, 345.39 feet; (3) South 78 degrees 31 minutes 10 seconds East, 281.33 feet; (4) South 81 degrees 28 minutes East, 447.94 feet; (5) South 67 degrees 38 minutes East, 342.57 feet; (6) North 77 degrees 17 minutes East, 202.32 feet; (7) North 26 degrees 2 minutes 30 seconds East, 131.81 feet; (8) North 25 degrees 36 minutes 50 seconds West, 32.38 feet; THENCE South 39 degrees 45 minutes 10 seconds East, 226.28 feet; THENCE South 39 degrees 41 minutes 40 seconds East, 64.38 feet; THENCE South 76 degrees 0 minutes West, 386 feet; THENCE South 13 degrees 20 minutes East, 107 feet to the shore of Fishers Island and Block Island Sound as same is located in the Deed aforesaid to the Town of Southold in Liber 4614 p. 296; THENCE following the meanders of said shore line in a westerly direction to the shore line of Fishers Island Sound; THENCE following the meanders of said shore line and the meanders of the shore line of Silver Eel Cove and again the meanders of Fishers Island Sound to the point or place ofBEGINNlNG. and be it further ORDERED, that said District shall be established at no cost to the Town as hereinabove set forth in the recitals hereto; and be it further ...' . . ORDERED, that within ten (10) days after adoption of this Order, the Town Clerk shall record with the Clerk of the County of Suffolk and file with the Department of Audit and Control in Albany, New York, copies ofthis Order, certified by said Town Clerk. DATED: August 28, 2007 TOWN BOARD OF THE TOWN OF SOUTHOLD (SEAL) . " . . STATE OF NEW YORK ) ss: COUNTY OF SUFFOLK ) I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, New York, DO HEREBY CERTIFY that I have compared the preceding Final Order Establishing District with the original thereof filed in my office on the '++~ day o~, 2007, and that the same is a true and correct copy of said original and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this~ day o&p+i'rr\ber 2007, (SEAL) O~j,rt~O nH"i~~ Town Clerk . " . . STATE OF NEW YORK ) :ss: COUNTY OF SUFFOLK ) ELIZABETH A. NEVILLE, being duly sworn, deposes and says: That she is now and at all times hereinafter mentioned has been the duly elected, qualified and acting Town Clerk of the Town of Southold, in the County of Suffolk, New York; That on the 28th day of August, 2007, on behalf of the Town Board of said Town, she caused a certified copy of a Final Order Establishing District, dated August 28, 2007, a certified copy of which is annexed hereto and made a part hereof, for the establishment of Fishers Island Sewer District, in the Town of Southold, in a proceeding entitled: "In the Matter of the Establishment ofthe Fishers Island Sewer District: in the Town of South old, in the County of Suffolk, New York, pursuant to Article 12-A the Town Law," to be filed in the office of the State Department of Audit and Control in Albany, New York, and in the office of the Office of the County Clerk, in the County of Suffolk, New York, which Final Order Establishing District has been adopted by said Town Board at a meeting held August 28,2007, and that said filing was done either personally or by mail in accordance with the provisions of Article 12 of the Town Law, constituting Chapter 62 of the Consolidated Laws of the State of New York. d~-'Ld--1a.1)IULJd" Town Clerk Subscribed and sworn to before me 4 S e lt~",bu this -I-t-. day of st, 2007. . . Southold Town Board - Letter Board Meeting of August 28, 2007 RESOLUTION 2007-710 ADOPTED Item # 17 DOC ID: 3140 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-710 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2007: A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 28th of August, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. Krupski, Jr., Councilperson ---------------------------------------------)( In the Matter of the Establishment of the Fishers Island Sewer District: in the Town of Southold, in the County of Suffolk, New York, pursuant to Article l2-A the Town Law. ---------------------------------------------)( FINAL ORDER ESTABLISHING DISTRICT WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town", respectively), had heretofore caused to be prepared a general map and plan relating to the establishment of the Fishers Island Sewer District (the "District"), and the Generated August 30, 2007 Page 25 Southold Town Board - aer BO.Meeting of August 28, 2007 improvement of the facilities of said District, consisting of construction of a secondary treatment system connected to private mains, which map and plan were duly filed in the office of the Town Cierk of the Town for public inspection; and WHEREAS, pursuant to the order of the Town Board dated June 21, 1977, a public hearing upon the question of such establishment of the District was held on July 12,1977 at 11 :00 o'clock A.M. (Prevailing Time); and WHEREAS, the Town Board adopted a conditional order on November 10, 1977, reciting a description of the boundaries of the District in a manner sufficient to identify the lands j 'II. hided therein as in a deed of conveyance, the improvements proposed, the fact that the cost of the establishment and improvement of the District and facilities shall be at no cost to the Town and shal1 be paid entirely by the owners of the real property within said District or from additional sources, the fact that a map and report describing the same are on file in the Town Clerk's office for public inspection; and WHEREAS, fol1owing publication and posting of certified copies of said Order pursuant to Article 12-A of the Town Law and after a public hearing duly held by the Town Board at the time and place herein referred to, the Town Board, by resolution duly adopted November 10, 1977, determined that the notice of public hearing was published and posted as required by law, and is otherwise sufficient, that al1 the property and property owners within the proposed District are benefited thereby, that all the property and property owners benefited are included within the limits of the proposed District, that it is in the public interest to establish the District, subject to permissive referendum. Now, therefore, be it ORDERED, that the Fishers Island Sewer District is hereby established, to be known as Fishers Island Sewer District, in the Town of Southold, situate whol1y outside of any incorporated village or city, and bounded and described as fol1ows: ALL that certain parcel ofland located at Fishers Island, Town of Southold, Suffolk County, New York, more particularly bounded and described as fol1ows: BEGINNING at a point in the shore line of Fishers Island and Fishers Island Sound as same is located in Parcel No. I of a Quitclaim Deed between the United States of America and Generated August 30, 2007 Page 26 . . Southold Town Board - Letter Board Meeting of August 28, 2007 Race Point Corporation, recorded in the office of the Suffolk County Clerk in Liber 4615 p. 283; RUNNING THENCE South 46 degrees 58 minutes East about 408 feet to a monument; THENCE South 35 degrees 24 minutes East, 424.00 feet to a monument, both lines abutting northeasterly on land now or formerly of the Estate ofS.A. Salvage; RUNNING THENCE three lines abutting southeasterly, northeasterly and northwesterly on land now or formerly of Wilmerding, South 32 degrees 36 minutes West, 465.9 feet to a monument; THENCE South 26 degrees 57 minutes East about 405 feet to a monument; THENCE North 62 degrees 26 minutes East, 687.22 feet to a monument at land now or formerly of John Wilmerding; THENCE South 31 degrees 18 minutes East, 188.41 feet and North 62 degrees 26 minutes East, 1.61 feet to a monument; THENCE South 27 degrees 34 minutes East, 25.00 feet to a monument; THENCE running the southwesterly line of Equestrian Avenue, South 76 degrees 2 minutes 30 seconds East, 58.22 feet to a drill hole at the intersection of the southeasterly line of Winthrop Drive and the southwesterly line of Equestrian Avenue (being the point of beginning of said Parcel No.1 in Deed Liber 4615 p. 283); THENCE continuing southeasterly and northeasterly along Equestrian Avenue to its intersection with Beach Avenue described as the point or place of beginning of the "151 Tract" in a Quitclaim Deed from the United States of America to the Town of Southold, recorded in the Suffolk County Clerk's Office in Liber 4614 p. 296; THENCE along the southwesterly, southerly and southeasterly line of Beach Avenue the following 8 courses and distances: (1) South 47 degrees 7 minutes 40 seconds East, 514.09 feet; (2) South 84 degrees 21 minutes 15 seconds East, 345.39 feet; (3) South 78 degrees 31 minutes 10 seconds East, 281.33 feet; (4) South 81 degrees 28 minutes East, 447.94 feet; (5) South 67 degrees 38 minutes East, 342.57 feet; (6) North 77 degrees 17 minutes East, 202.32 feet; (7) North 26 degrees 2 minutes 30 seconds East, 131.81 feet; (8) North 25 degrees 36 minutes 50 seconds West, 32.38 feet; THENCE South 39 degrees 45 minutes 10 seconds East, 226.28 feet; THENCE South 39 degrees 41 minutes 40 seconds East, 64.38 feet; THENCE South 76 degrees 0 minutes West, 386 feet; THENCE South 13 degrees 20 minutes East, 107 feet to the shore of Fishers Island and Block Island Sound as same is located in the Deed aforesaid to the Town of South old in Liber 4614 p. 296; THENCE following the meanders of said shore line in a westerly direction to the shore line of Fishers Island Sound; THENCE following the meanders of said shore line and the Generated August 30, 2007 Page 27 ~--- Southold Town Board - titer BO.Meeting of August 28, 2007 meanders of the shore line of Silver Eel Cove and again the meanders of Fishers Island Sound to the point or place of BEGINNING. and be it further ORDERED, that said District shall be established at no cost to the Town as hereinabove set forth in the recitals hereto; and be it further ORDERED, that within ten (10) days after adoption of this Order, the Town Clerk shall record with the Clerk of the County of Suffolk and file with the Department of Audit and Control in Albany, New York, copies of this Order, certified by said Town Clerk. I'tj..~a~"<(~. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans Generated August 30, 2007 Page 28 -- . . DELAFIELD & WOOD LLP PHONE (212) 820-9300 FAX (212) 514-8425 ONE CHASE MANHATTAN PLAZA NEW YORK, NY 10005 Wo/'NJ.HAWKIN$.COM NEW YORK WASHINGTON NEWARK HARTFORD LOS ANGELES SACRAMENTO SAN FRANCISCO (212) 820-9416 August 27, 2007 Town of Southold, New York Final Order for Fishers Island Sewer District (Our File Designation: 2615/30898) Kieran Corcoran Deputy Town Attorney Town of Southold 53095 Main Road Southold, New York 11971 Dear Kieran: Pursuant to your request, I have had prepared and now send you the draft Final Order establishing the District with the form of Clerk's Certificate attached for use in preparing certified copies. As you know, a certified copy of the Order is to be recorded with the County Clerk of Suffolk County within ten (10) days after adoption, thereby commencing a 30-day period for certiorari proceedings. Please obtain and forward to me a certified copy of the Order with proof of due recording affixed thereto Thanking you and with kind regards, I remain Sincerely yours, Gerard Fernandez, Jr. GF,Jr./ml Enclosures cc: Patricia Finnegan, Town Attorney John Cushman, Town Comptroller 528927.1 030898 RES . . A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 28th of August, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Council person Daniel C. Ross, Councilperson Albert J. Krupski, Jr., Councilperson ---------------------------------------------)( In the Matter of the Establishment of the Fishers Island Sewer District: in the Town of Southold, in the County of Suffolk, New York, pursuant to Article 12-A the Town Law. ---------------------------------------------)( FINAL ORDER ESTABLISHING DISTRICT WHEREAS, the Town Board of the Town of South old (herein called "Town Board" and "Town", respectively), had heretofore caused to be prepared a general map and plan relating to the establishment ofthe Fishers Island Sewer District (the "District"), and the improvement of the facilities of said District, consisting of construction of a secondary treatment system connected to private mains, which map and plan were duly filed in the office ofthe Town Clerk ofthe Town for public inspection; and WHEREAS, pursuant to the order of the Town Board dated June 21, 1977, a public hearing upon the question of such establishment of the District was held on July 12, 1977 at II :00 o'clock A.M. (Prevailing Time); and 528927.1 030898 RES . . WHEREAS, the Town Board adopted a conditional order on November 10,1977, reciting a description of the boundaries of the District in a manner sufficient to identify the lands included therein as in a deed of conveyance, the improvements proposed, the fact that the cost of the establishment and improvement of the District and facilities shall be at no cost to the Town and shall be paid entirely by the owners of the real property within said District or from additional sources, the fact that a map and report describing the same are on file in the Town Clerk's office for public inspection; and WHEREAS, following publication and posting of certified copies of said Order pursuant to Article 12-A of the Town Law and after a public hearing duly held by the Town Board at the time and place herein referred to, the Town Board, by resolution duly adopted November 10, 1977, determined that the notice of public hearing was published and posted as required by law, and is otherwise sufficient, that all the property and property owners within the proposed District are benefitted thereby, that all the property and property owners benefitted are included within the limits of the proposed District, that it is in the public interest to establish the District, subject to permissive referendum. Now, therefore, be it ORDERED, that the Fishers Island Sewer District is hereby established, to be known as Fishers Island Sewer District, in the Town of Southold, situate wholly outside of any incorporated village or city, and bounded and described as follows: ALL that certain parcel of land located at Fishers Island, Town of Southold, Suffolk County, New York, more particularly bounded and described as follows: BEGINNING at a point in the shore line of Fishers Island and Fishers Island Sound as same is located in Parcel No. I of a Quitclaim Deed between the United States of America and 528927.1 030898 RES . . Race Point Corporation, recorded in the office ofthe Suffolk County Clerk in Liber 4615 p. 283; RUNNING THENCE South 46 degrees 58 minutes East about 408 feet to a monument; THENCE South 35 degrees 24 minutes East, 424.00 feet to a monument, both lines abutting northeasterly on land now or formerly of the Estate ofS.A. Salvage; RUNNING THENCE three lines abutting southeasterly, northeasterly and northwesterly on land now or formerly of Wilmerding, South 32 degrees 36 minutes West, 465.9 feet to a monument; THENCE South 26 degrees 57 minutes East about 405 feet to a monument; THENCE North 62 degrees 26 minutes East, 687.22 feet to a monument at land now or formerly of John Wilmerding; THENCE South 31 degrees 18 minutes East, 188.41 feet and North 62 degrees 26 minutes East, 1.61 feet to a monument; THENCE South 27 degrees 34 minutes East, 25.00 feet to a monument; THENCE running the southwesterly line of Equestrian Avenue, South 76 degrees 2 minutes 30 seconds East, 58.22 feet to a drill hole at the intersection of the southeasterly line of Winthrop Drive and the southwesterly line of Equestrian Avenue (being the point of beginning of said Parcel No. I in Deed Liber 4615 p. 283); THENCE continuing southeasterly and northeasterly along Equestrian Avenue to its intersection with Beach Avenue described as the point or place of beginning of the "I st Tract" in a Quitclaim Deed from the United States of America to the Town of Southold, recorded in the Suffolk County Clerk's Office in Liber 4614 p. 296; THENCE along the southwesterly, southerly and southeasterly line of Beach Avenue the following 8 courses and distances: (I) South 47 degrees 7 minutes 40 seconds East, 514.09 feet; (2) South 84 degrees 21 minutes 15 seconds East, 345.39 feet; (3) South 78 degrees 31 minutes IO seconds East, 281.33 feet; (4) South 81 degrees 28 minutes East, 447.94 feet; (5) South 67 degrees 38 minutes East, 342.57 feet; (6) North 77 degrees 17 minutes East, 202.32 feet; (7) North 26 degrees 2 minutes 30 seconds East, 131.81 feet; (8) North 25 degrees 36 minutes 50 seconds West, 32.38 feet; 528927.1 030898 RES . . THENCE South 39 degrees 45 minutes 10 seconds East, 226.28 feet; THENCE South 39 degrees 41 minutes 40 seconds East, 64.38 feet; THENCE South 76 degrees 0 minutes West, 386 feet; THENCE South 13 degrees 20 minutes East, 107 feet to the shore of Fishers Island and Block Island Sound as same is located in the Deed aforesaid to the Town of Southold in Liber 4614 p. 296; THENCE following the meanders of said shore line in a westerly direction to the shore line of Fishers Island Sound; THENCE following the meanders of said shore line and the meanders of the shore line of Silver Eel Cove and again the meanders of Fishers Island Sound to the point or place of BEGINNING. and be it further ORDERED, that said District shall be established at no cost to the Town as hereinabove set forth in the recitals hereto; and be it further ORDERED, that within ten (10) days after adoption of this Order, the Town Clerk shall record with the Clerk of the County of Suffolk and file with the Department of Audit and Control in Albany, New York, copies of this Order, certified by said Town Clerk. DATED: August 28, 2007 TOWN BOARD OF THE TOWN OF SOUTHOLD (SEAL) STATEOFNEWYORK ) :ss: COUNTY OF SUFFOLK ) I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, New York, DO HEREBY CERTIFY that I have compared the preceding 528927.1 030898 RES . . . Final Order Establishing District with the original thereof filed in my office on the day of , 2007, and that the same is a true and correct copy of said original and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this _ day of ,2007. (SEAL) Town Clerk 528927.\ 030898 RES .' . , . . STATE OF NEW YORK ) :ss: COUNTY OF SUFFOLK ) ELIZABETH A NEVILLE, being duly sworn, deposes and says: That she is now and at all times hereinafter mentioned has been the duly elected, qualified and acting Town Clerk ofthe Town of South old, in the County of Suffolk, New York; That on the 28th day of August, 2007, on behalf of the Town Board of said Town, she caused a certified copy of a Final Order Establishing District, dated August 28, 2007, a certified copy of which is annexed hereto and made a part hereof, for the establishment of Fishers Island Sewer District, in the Town of Southold, in a proceeding entitled: "In the Matter of the Establishment of the Fishers Island Sewer District: in the Town of South old, in the County of Suffolk, New York, pursuant to Article 12-A the Town Law," to be filed in the office of the State Department of Audit and Control in Albany, New York, and in the office of the Office of the County Clerk, in the County of Suffolk, New York, which Final Order Establishing District has been adopted by said Town Board at a meeting held August 28, 2007, and that said filing was done either personally or by mail in accordance with the provisions of Article 12 of the Town Law, constituting Chapter 62 of the Consolidated Laws of the State of New York Town Clerk Subscribed and sworn to before me this _ day of August, 2007. Notary Public, State of New York 528927.1 030898 RES