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HomeMy WebLinkAboutSuffolk CountyTown of Southold - Letter Board Me~ting of January 16, 2007 RESOLUTION 2007-102 ADOPTED Item # 20 DOC ID: 2518 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-102 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16, 2007: WHEREAS the Town Board of the Town of Southold, in resolution # 2005-734 requested the County of Suffolk to transfer the Sanitary Flow Credits from a parcel of property owned by the County at the comer of Main Road and Chapel Lane, Greenport known as SCTM# 1000-45-1-10 to the Town of Southold for deposit into the Town's Sanitary Flow Credit bank; and WHEREAS the eight (8) credits associated with this property are from the Greenport school district; and WHEREAS the eight credits will be transferred at no cost to the Town, and the Town Board committed in the aforementioned resolution that the credits will be made available for affordable housing at no cost to the eventual recipient of the credits; and WHEREAS the County of Suffolk has delivered a quitclaim deed dated December 13, 2006 transferring eight (8) sanitary flow credits from said parcel to the Town of Southold; and it is therefore RESOLVED that eight (8) Sanitary Flow Credits be deposited into the Sanitary. Flow Credit Bank solely and exclusively for affordable housing purposes in accordance with the terms and conditions contained in the deed and the resolutions of the Town and the County. RESULT: MOVER: Elizabeth A. Neville Southold Town Clerk ADOPTED [UNANXMOUS] Daniel C. Ross, Councilman Generated January 17, 2007 Page 26 Town of Southold - Letter Board Meeting of January 16, 2007 SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated January 17, 2007 Page 27 ELIZABETH NEVILLE TOWN CLERK ISTRAR OF VITAL STATISTICS MARRIAGE OFFICER ORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net RESOLUTION # 2005-734 Resolution ID: 1316 Meeting: 11/22/05 07:30 PM Department: Town Attorney Category: Sanitary Flow Credits THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-734 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 22, 2005: WHEREAS, the County of Suffolk owns a parcel of property located at the comer of Main Road and Chapel Lane, Greenport, known as SCTM# 1000-45-1-10; and WHEREAS the County intends to retain the property as parkland in its undeveloped condition in perpetuity, and transfer the Sanitary Flow Credits to the Town of Southold; and Iap EREAS the Sanitary Flow Credits associated with the parcel of property will be banked in accordance with ter 87 of the Southold Town Code and used only for affordable housing purposes; and WHEREAS the credits will be transferred to the Town of Southold Bank at no cost to the Town, and the County will require only that the credits be made available for affordable housing at no cost to the eventual recipient of the credits; and it is therefore RESOLVED that the Town Board of the Town of Southold hereby requests the County of Suffolk to transfer the aforementioned Sanitary Flow Credits to the Town of Southold and further authorizes the Supervisor to take all necessary steps to deposit the credits into the Town Bank~ including the execution of all necessary documents and payment of any necessary expenditures associated with acquisition; and be it further RESOLVED that the Town Clerk is hereby authorized to forward a certified copy of this resolution to County of Suffolk, Kevin Law, Deputy County Executive, H. Lee Dennison Building, 100 Veterans Memorial P.O. Box 6100, Hauppauge, New York 11788; Cotmty of Suffolk, Department of Planning, Division Estate, Patricia Zielenski, P.O. Box 6100, Hauppauge, NY 11788; Elaine Harrison, Office of the Suffolk County Treasurer, 330 Center Drive, Riverhead, New York 11901; Honorable Michael J. Caracciolo, Legislator, First District, 423 Griffing Avenue, Riverhead, New York 11901; the Supervisor's Office; the Land Preservation Department; the Special Projects Coordinator and the Town Attorney. Elizabeth A. Neville Southold Town Clerk Page 2 PATRICIA B. ZIELENSKI DIVISION DIRECTOR UUUI~I I ir Ul= STEVE LEVY SUFFOLK COUNTY EXECUTIVE MICHAEL J. DEERING COMMISSIONER Robert Scott, Jr. Assessor Town of Southold 53095 Main Rd., PO Box 1179 Southold, NY 11971 DEPARTMENT OF ENVRONMENT AND ENERGY DIVISION OF REAL PROPERLY ACQUISITION Dec. 13,2006 RE: TAX MAP NUMBER: 1000-045-01-010 l)fi::C '1 5 2006 Dear Mr. Scott : Enclosed is a ~O~lof a Quitclaim Deed dated 12/13/06 ,and delivered on 3/06 ' and duly executed by the Director of the Division of Real Estate, transferring title to the above-named lek. is forwarded to you to enable you to update your records. very truly yours, AUCtiOn/Sales Unit (631) 853-59. 3D pc w/deed: . An ie M. Car enter, suffol~ Founty Treasurer Hon_ g P -:clie Baffa, Insurance Mgr.,.RlSk MFn~9emen~ ~liam 3. colavito, P.E Principal. ClVll Engineer, DPW Penny wells LaValle, Director, Real Property pc: Accounting unit enclosure LOCATION MAILING ADDRESS (631) 853-5900 H. LEE DENNISON BLDG. - 2"d Floor * P.O. BOX 6100 + Fax (631) 853-5906 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 117884)099 Fax (631) 853~5905 SUFFOLK COUNTY QUITCLAIM DEED DISTRICT 1000 9ECTION D45.00 BLOCK DI.O0 ~OT DlO.O00 THIS INDENTURE, made the /~4~ day o~~, 2006 BETWEEN the COUNTY OF SUFFOLK, a municipal corporation of the State of New York, having its principal office at the Suffolk County Center, Center Drive, Riverhead, New York 11901, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its principal offices at 53095 Route 25, P.O. Box 1179, Southold, New York 11971, party of the second part, WITNESSETH, that the party of the first part, pursuant to Resolution Number 836-2006 adopted by the Suffolk County Legislature on August 8, 2006 and, thereafter, approved by the County Executive on August 16, 2006, in consideration of Ten Dollars, payment waived and other valuable consideration paid by the party of the second part, does hereby release and quitclaim unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ONLY, the eight (8) Sanitary Flow Credits associated with the subject parcel shall be conveyed to the Town of Southold, Suffolk County, New York subject to the deed restrictions contained in Section A36-2C of the Suffolk County Administrative Code, which restrictions shall run with the land that the Sanitary Flow Credits will be transferred to and be enforceable by the County of Suffolk, being in the Town of Southold, County of Suffolk and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 1000, Section 045.00, Block 01.00, Lot 010.000, and ~cquired by Tax Deed on October 3, 2001, from John C. Cochrane, the County Treasurer of Suffolk County, New York and recorded on October 10, 2001, in Liber 12146, CP 192, FURTHER, notwithstanding the above, it is the intention of this conveyance to give only sanitary flow credits associated with such property as was acquired by the County of Suffolk by Tax Deed on October 3, 2001, from John C. Cochrane, the County Treasurer of Suffolk County, New York and recorded on October 10, 2001, in Liber 12146, CP 192. PROVIDED, however, that the Town of Southold will be restricted in its use of the sanitary flow credits and will use said premises Solely and exclusively for workforce housing purposes; with all right title and interest reverting to the party of the first part in the event that the Town of Southold, at any time, uses or attempts to use said credits for other than workforce housing purposes or attempts to sell, transfer or otherwise dispose of said credits without said credits being used thereafter for workforce housing purposes. This covenant and restriction will run with the land and shall bind the heirs or successors and assigns of the party of the second part, SUBJECT to all covenants, restrictions and easements of record, if any. SUBJECT to the condition that neither. Grantee nor any Municipality shall bill or charge back to Grantor any cost incurred or projected to be incurred for the cleaning up of any debris on said property. In the event that such charge back or bill is rendered to the Grantor this Deed shall be void ab initio and the realty shall revert to the Grantor. THE WORD "PARTY" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. In Presence Of: COUNTY OF SUFFOLK, NEW YORK 'PATRICIA B. Z~NSKI, Division Director Division of Real Property Acquisition and Management Department of Environment and Energy STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the /W~ day of~~ in the year c~b before me, the undersigned, personally appeared Patricia B. Zielenski, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. QUITCLAIM DEED SUFFOLK COUNTY TO TOWN OF SOUTHOLD Notary Public: State qf/N/~w York /' / JAMES F. DONOVAN ~ . / ~otary Public, State of New York c ~ No. 01DO~1983 ~ ] Qualified i~ Suffolk C0unW Commission Expires J~ RECO~ ~ RET~ TO: Fax se~% ~ : 6318534888 Eco De~/~kfce H~B~ 01/08/~? 16:0)- P~: ~/3 Intro. Res. No, 1858-2006 Laid on Table introduced by Presiding Officer, on request of the County Executive RESOLUTION NO. 836 -2006, AUTHORIZING THE SALE OF SANITARY FLOW CREDITS ASSOCIATED WITH COUNTY-OWhlED REAL PROPERTY PURSUANT TO SECTION ?2-H OF THE GENERAL MUNICIPAL LAW TO THE TOWN OF SOMTHOLD FOR AFFORr1'AI~LE HOUSING PURPOSES WHEREAS, the County of Suffolk is the fee owner of a certain parc~,, that is surplus to the needs of the County of Suffolk known as Suffolk County Tax Map Number 1000-[:45.00-01.00-010.000, which is particularly described in Exhibit "A"; and WHEREAS, Section 72-h of the General Municipal Law permits th(, sale of an interest of real property between Municipal Corporations; and WHEREAS, the Town of Southold, Suffolk County, New York, has requested the County of Suffolk convey the Sanitary Flow Credits associated with the subject parcel to the -I'own of Southold. (see annexed Town of Southold Resolution No. 734-2005 hereto marked as Exhibit "B"); a~lc~ WHEREAS, the transfer of the Sanitary Flow Credits associated witl' '[he subject parcel are )ursuant to and in accordance with Local Law Nos. 13-2000, 2-2002 and 17-2004, ,vl3ich established and modified the Affordable Housing Opportunities Program; and WHEREAS, the Suffolk County Department of Planning has appreve~: 1he use of this par~et for the purpose stated above, which will result in the said property to be transferred to the Department of Parks, Recreation and Conservation for passive recreational uses; now, therefore be 1st RESOLVED, that the Sanitary Flow Credi[s associated with the .%lbject parcel shall be conveyed to the Town of Southold, Suffolk Counh/, New York for workforce housing L se: 1. The Town of Southoid shall provide the Suffolk County Director of Affordable Housing with an annual wdtten report, no later than December 31. of each year commencing December 31, 2006, outlining the exact and precise use to w!lich the Sanitary Flow Credits from the subject premises has been put to along with the, net proceeds generated by the use of the Sanitary Flow Credits, which may H0': exceed tfle amount paid by the Town. 2. The Town of Southold and all subsequent Grantees shall cor~]p,y with all applicable Federal, State, and Local regulations pertaining to the price, !ncome eligibility, and marketing standards in effect for affordable housing programs; a ~d be it further 2nd RESOLVED, that the eight (8) Sanitary Flew Credits associated with th~ subject parcel shall be conveyed to the Town of Southold, Suffolk County, New York subject to the dee(~ restrictions contained in Section A36-2C of the Suffolk County Administrative Code, w~ich restrictions she. il l'un.with the land that the Sanitary Flow Credits will be transferred to and be enforceable by the County of ~;u~folk; and be it further 3~ RESOLVED, that the conveyance of the eight (8) Sanitary Flow Cra;tits associated with the subject parcel described in Exhibit ~A" to ~he Town of Southold for the purposes des¢.ribed herein shall be for the sum of One and 00/100 Dollar (to be waived); and be it further 4~ RESOLVED, that Patricia B. Zie[enski, Director of the Division of Real Property Acquisition and Management, or her Deputy, be and hereby is authorized to execute and acknov~ledg~e a quitclaim deed to transfer the interest of Suffolk County in the above-described property, being ssi(: ~:anitary Flow Credits http://www.co,suffolk.ny.ustlegis/resos2006/il $$8-06.htm 1/8/2007 Fax sen~. b~ : ~,318534888 Eco Dev/W]~'ce Hsd9, 81/'88/87 16:82 upon the above-described terms and conditions; and be it further 5t~ RESOLVED, that Director of the Division of Real Property AcquiSition a'~d Management, be authorized to transfer to the Suffolk County Department of Parks. Recreation and Conservation, No Number Montauk Highway, Sayville, New York, the interest of Suffolk County in the above described propert7 for =assive park purposes; and be it further 6· RESOLVED. that said parcel is held in public use and free of taxation under Section 406 (1) New York Real Property Tax Law and the assessor of the Town of Southold and all ether assessors having ur[sdiction thereof, be and they hereby are directed to mark the assessment rolls of their jurisdiction to show that said property is owned by the County of Suffolk and is exempt from tax;?Jon and exempt from special ad valorem levies end special assessments to the extent permitted by law. an~ further that the Clerk of the Legislature shall transmit a copy of this resolution to the aforestated assessor f~:,-':his purpose; and be it further 7th RESOLVED, that this Legislature, being the State Envircnment~,l ~uality Review Act (SEQRA) Lead Agency hereby finds and determines that the adoption of this resolut[or~ is a Type II Action, constituting a Legislative decision in connection with routine or continuing agency administration and management, not including new programs or a major re-ordering of priorities (NYCR[~. Section 617.5(c)(20) and (27)). As a Type II Action, the Legislature has no further responsibilities und~?r SEQRA (6 NYCRR Section 6175(a)). DATED: August 8, 2006 APPROVED BY: Is/Steve Levy County Executive of Suffolk County Date; August 16, 2006 Exhibit Suffolk County Tax Map No, District: 1000, Section: 045.00, Block; 01.00, Lot: 010,000, being 8.2;I; acres and acquired by Tax Deed on October 3, 2001 and recorded on October 10 2001 in I.iber 12146 at Page 192 and described as follows, Town of Southold, N x now or formerly Cormic Feeney E x Chapel Lane, S x Main Highway, W x now or formerly Buttler, http://www.co.su ffolk.ny .us/legis/resos2006/i 1858-06.htm 1/8/200/