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Home My WebLink AboutTNC (CCCP fka Blocker)1000-87-6-12.1 ("Blocker" Property) Baseline Documentation Premises: 105 Takaposa Road Southold, New York 45.03 acres Open Space Acquisition THE NATURE CONSERVANCY, INC. to COUNTY OF SUFFOLK and TOWN OF SOUTHOLD ' Deed dated June 11, 2008 Recorded June 17, 2008 Suffolk County Clerk - Liber D00012554, Page 842 SCTM #: 1000-87-6-12.1 Premises: 1005 Takaposa Road Hamlet: Southold Purchase Price: $8,000,000 (per contract) 50%/50% split between County of Suffolk & Town of Southold Funding: County Legacy Fund and Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 45.03 acres Zoned: A-C Existing Improvements: In January 2008 - Vacant land that includes woods, wetlands, tidal wetlands, shorelines along Hog Neck Bay and Corey Creek, remains of a block foundation, water meters and water valves, various neighborhood encroachments and right of way access to other property owners along Takaposa Road (private road) DESCRIPTION LAND The subject consists of an irregular shaped parcel of land located in the southerly portion of the hamtet of Southold. The property has a northerly border with approximately 596+' of frontage on Main Bayview Road. It has an irregular easterly border running a total distance of 2,141 +', an irregular southerly border which has approximately 2,506+' of frontage along Hog Neck Bay, an irregular westerly border with 5,000+' of frontage along Corey Creek. The above dimensions were taken from the Suffolk County Tax Map, from the last deed of record for the subject, and from the yield map provided by the client. We have included a copy of the tax map in the addenda to this report. The subject contains in total area 45.40+ acres. The property is partly cleared, partly wooded, generally level and at or near grade with the abutting road. There are areas of tidal wetlands along the property's southerly and westerly borders. The total area of wetland is estimated by the appraisers to be approximately 9.50+ acres (estimated by survey, aerial photography, and tax map). Utilities available to the property from its road frontage on Main Bayview Road include public water, electric, telephone and cable. GIVEN DESCRIPTION (CONTINUED) LANDIMPROVEMENTS The subject is vacant land. BUILDING IMPROVEMENTS The subject is vacant land in an essentially natural state. PRESENT USE AND OCCUPANCY The subject is vacant land in an essentially natural state. GIVEN P R 0 P E R T Y V I S U A L S [ Ta~ Map Location ~TTI E / R--80 PEGONIG BAY Agricultural Conservation Residential Low Density AA Residential Low Density A Residential Low Density B Residential Low Density C Residential Low Density D Hamlet Density Residential H~80. A--C Zoning Map I I I I I I I I I I I I I ,,. I View of Subject - Facing Southeasterly from Main Bayview Rd View of Subject - Facing Westerly from Watersedge Way ~GIVEN I I I I I I I I I I I I ,,, I SUBJECT PHOTOGRAPHS View of Subject - Showing Wetlands View of Hog Neck Bay from Subject ~GIVEN I I I I I I I I I I I I ,,. I SUBJECT PHOTOGRAPHS View of Corey Creek from Subject View Easterly Along Main Bayview Road Joh~;~ 3: Goesa Realty ApprmisM, It~c. AERIAL V~EW OF SUE~JECT PROPERTY 7 ~o]~ S~ Goe,~· Re~? Ap]omis~, b~c, VIEW OF SUBJECT'S NORTHERLY BOUNDARY FACING WESTWARD ALONG BAYV]EW ROAD John S. Ooess Re~dty Appr~isvJ~ ~c V)EW OF SUBJECT'S NORTHERLY BOUNDARY FACING EASTWARD ALONG BAYV)EW ROAD V~EW FROM M~D-PARCEL AT BEND ~N TAKAPOSA ROAD FAC!NG NORTHWARD SNOW~N(~ WETLANDS ON $~TE AND WOODED UPLAND BEYOND VIEW FROM M~D-PARCEL AT BEND ~N TAKAPOSA ROAD FACING SOUTHERLY SHOWING WETLANDS ON S~TE (LEFT SIDE) AND COREY CREEK VIEW FACING NORTHERLY AT SPLIT IN TAKAPOSA ROAD - SOUTHERLY PORTION OF PARCEL VIEW FACING EASTWARD SHOWING SUBJECT PROPERTY E~AY FRONTAGE AND ADJACENT DEVELOPMENT BEYOND V~EW FACING OUT ~NTO PECON~C BAY FROM SUBJECT'S BAY FRONTAGE V~l~W OF TYPICAL UPLAND PORTION OF THE SUBJE~CT S~TE E N V I R 0 N M E N T A L S U M M A R Y EXECUTIVE SUMMARY This document is a Phase I ESA prepared to determine evidence of P_ECs and/or PECs in connection with a 47±-acre parcel located on the south side of Main Bayview Road, east of Victoria Drive and west of Jacobs Lane, in the Hamlet of Southold, Town of Southold, Suffolk County, New York. There is no assigned numbered street address for the subject property, which is identified as Suffolk Tax Map No. 1000 - 087.00 - 06.00 - 012.001. The elevation of the subject property ranges fi:om zero-to-15-feet amsl. The depth to groundwater at the site ranges from 1 O-feet bgs at the higher elevations on the central and northern portions of the properties to zero-feet bgs in marsh areas, along Corey Creek and the Little Peconic Bay. Groundwater beneath the site is expected to flow generally south-southwest, toward the adjoining water bodies. However, groundwater flow is likely variable due to tidal influence. F&E was able to establish a history for the property back dating to at least 1954. According to a review of Town and County records, as well as historic aerial photographs, in 1954, the subject property consisted of agricultural fields with marshiand and beachfront areas, bisected by a private road, identified as Takaposha Road. Aerial photographs fi:om 1960 through 1976 identified the potential presence of a structure within the Takaposha Road loop on the south- central portion of the property. No records regarding this structure were available fi:om the Town of Southold. Aerial photographs fi:om 1960 through the present, show that agricultural activities ended as early as 1960 with the fields becoming re-vegetated and currently consisting of dense woodlands. No other development history for the property was identified since 1954, except for residential homes located on five out parcels. This Phase I ESA has been prepared in conformance with the scope and limitations of ASTM Practice E1527-05 (inclusive of the USEPA all appropriate inquiry requirements) for a 47-acre parcel located located on the south side of Main Bayview Road, east of Victoria Drive and west of Jacobs Lane, in the Hamlet of Southold, Town of Southold, Suffolk County, New York. There is no assigned numbered street address for the subject property, which is identified as Suffolk Tax Map No. 1000 - 87.00 - 06.00 - 012.001. Any exceptions to, or deletions from, th/s practice are described in the section of the report entitled Methodology. Based on the results of the site inspection, records review and interviews, it was determined that there were three RECs identified for the subject site. P.ECs are those conditions, which could adversely affect the enviroumental integrity of the property. The RECs are summarized below: The site inspection identified the presence of a suspected UST associated with a building foundation/ms on the property. However, no documentation regarding the integrity of the tank and/or soil quality in the vicinity of the UST was provided. As such, the potential exists for soil/groundwater contamination related to the former UST; A sanitary disposal system associated with the identified building rains may be present at the site, which have the potential to impact the subsurface; and Given the history of agricultural use at the property, it is likely that pesticides and/or fuel oils (as a dispersant agent for the aforementioned products) were periodically applied. As such, these materials were also likely formerly stored and handled on-site. No representation can be made as to the residual concen~ations of these chemicals within the soils on the property. Based upon the above findings and conclusions, F&E recommends that Phase II ESA activities be conducted to determine if the identified RECs have impacted the property. At a minimum, the Phase II ESA should include the following: Evaluate potential impacts related to the abandoned UST. A subsurface investigation should be performed including the installation of soil borings or test pits, with the collection of representative soil and/or groundwater samples for laboratory analysis to document subsurface conditions and determine the nature and extent of contamination (if present). As an alternate to the investigation, the tank could be removed in accordance with applicable regulations, and any soil/groundwater impacts addressed at the time of removal and/or subsequent investigation/remediation; Cfiven the nature of the suspected nature of the building use, as a residence, it is unlikely that an on-site sanitary system (if present), would present a significant risk to the subsurface. However, future re-development of the property would likely require the removal/abandonment of the sanitary system in accordance with USEPA and SCDHS regulations; and · Based on the intended future use of the property as undeveloped land, F&E does not believe that the potential presence of pesticides associated with former on-site agricultural uses poses a significant environmental concern. However, should the future use of the property involve development for residential or related purposes, a soil investigation program should be conducted to ascertain the presence, if any, of accumulated pesticides (e.g., pesticides, herbicides, SVOCs, and heavy metals) in surficial soils. Such sampling would likely be required by the SCDHS and/or Town of Southold prior to a sub-division plan approval. If present, pesticides, SVOCs and VOCs would be dealt with as part of Soil Management Work Plan (SMP) and Health and Safety Plan (HASP). These procedures would generally consist of the following: (a) retaining a Part 364 permitted environmental contractor to excavate, characterize, transport and dispose of impacted soils at the appropriately-licensed disposal facility; and (b) backfilling the excavations with clean fill material. All impacted material should be transported, with appropriate manifesting, with the site owner signing as the generator, and the original manifests should be forwarded to the owner with copies kept on file. As an alternate method historic pesticide-impacted soils are also typically permitted to remain on-site if relocated to portions of the property preventing dermal contact (e.g., beneath berms, impervious surfaces, buried, etc.) and defined in an SMP. ii In addition, the subject property was determined ~to be located within NYS and federally regulated wetlands, and within the 100-year and 500-year flood zones. Based upon these findings, developable areas at the subject property are likely limited by these factors. iii FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. Theresa Elkowitz, President December 20, 2007 VIA ELECTRONIC AND U.S. MAlL Randy Parsons The Nature Conservancy PO Box 5125 East Hampton, New York 11937 1757-24 Veterans Memorial Highway lslandia, New York 11749 Tel: (631) 499-2222 Fax: (631) 499-5928 fecg@fecg.us Re: Well Abandonment Undeveloped Residential Properly Tax Map ID: 1000 - 087.00 - 06.00 - 012.001 Main Bayview Road Southold, New York Dear Mr. Parsons: On November 29, 2007, Freudenthal & Elkowitz Consulting Group, Inc. (F&E) visited the above-referenced property to ascertain the nature of the steel pipe located adjacent to a former building foundation previously identified by F&E during our Phase I Environmental Site Assessment (ESA), May 2007. Aarco Environmental Services, Inc. was subcontracted by F&E to excavate the pipe to determine its former use. Upon excavation, the pipe was determined to be a groundwater well. The water level in the well was measured to be 5.9 feet below to top of the pipe with silt accumulated within the well to approximately seven feet below the top of the pipe. The well pipe was removed and, following the removal, the total depth was measured to be approximately 15 feet with approximately three feet of well screen at the bottom of the pipe. Once removed, the wetted portion of the hole was filled with clean sand. Cement/bentonite slurry was placed in the hole above the sand to seal the hole from surface runoff, and the excavation (to expose the well casing) was backfilled to grade. No other environmental concerns (i.e., stains, odors, piping, leaching structures, etc.) were observed during the course of this work. Should you have any questions or comments, please do not hesitate to me directly. Sincerely, FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. Gregory Ernst Senior Project Manager GE/lm enc. Street Atlas USA® 2005 Figure 1 - Site Location Map Scale 1: 12,800 '1 1.066 7 fl Data Zoom 140 FIGURE 2A - SITE AERIAL SITE NAME: Takaposha Shores STREET ADDRESS: Main Bayview Road (Tax ID. 1000-87-06-12.1) MUNICIPALITY, STATE, ZIP: Southold, NY 11971 PROJECT NUMBER: KAT 07-121 SCALE: As Shown FIGURE 3 -TOPOGRAPHIC MAP SITE NAME: Takaposha Shores STREET ADDRESS: Main Bayview Road (Tax ID. 1000-87-06-12.1) MUNICIPALITY, STATE, ZIP: Southold, NY 11971 PROJECT NUMBER: KAT 07-121 SCALE: As Shown / / Scale 1" = 2,000 feet S53324 5.700 '~ S465~1 ' ~6.32 ~ ' '~9-99~D' S33921 X,~ -- ~. 27.48 '17.3~) o · / ~/ ~ ~ S6239~ Water Table Contour Map Source: United States Geological Survey (2000) Water Table of the Upper Glacial Aquifer on Eastern Long Island Figure 4 FREUDENTHAL & ELKOWlTZ CONSULTiNG GROUP, INC. Source: Final Long Island Groundwater Management Program~ N Department of Environmental Conservation, Division of Water, June 1986. Aldicarb Contamination of long Island Groundwater ~ ~ 0 Appr°ximate L°cati°n °f Subject Site 0 Public Water Supply Wells Contaminated wtth Aldlcarb Areas of Aldicarb Contamination of Groundwater Sel~ember 1983 FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. Figure 5 N Source: Final Long Island Groundwater Management Program Department of Environmental Conservation, Division of Water, June 1986. Public water supply well con~emino~ed with nitrate General areas of shallow nitrate conlomJnation Approximate Location of Subject Site April t984 No Scale Pro~ded ~ View of the subject property, looking south along Takaposha Road from Main Bayview Road. Photo rah No. 2: View of the marshland area on the northern portion of the property, looking north from Takaposha Road. ~ View of creek on the northern portion of the property, empting into Corey Creek. The view is to the south-southwest. ~ View along a trail in the dense woodland area on the main portion of the property. °~L~g..ri~L.~h~ View of of the main portion of the property, looking north along Corey Creek ~ View of the main portion of the property, looking east along the Little Peconic Bay shoreline. View of the western peninsula area, looking east. ~ View of southern shore line of the western peninsula, looking west along Little Peconic Bay. ~ View the marsldand and dune areas on the western peninsula, looking east. Corey Creek is on the left and Little Peconic Bay is on the right. Photo rah No. 10: View along Takaposha Road, looking south along the northern portion of the property. ~ View along Takaposha Road, northern segment of the loop area, looking east. ~ View of a residential home on one of the out parcels along Corey Creek. Photograoh No. 13: View a residential home on one of the out parcels along Little Peconic Bay. Photograph No. 14: View of water meters, valve pits and the assumed public water supply right-of-way on the southeastern portion of the property, between Takaposha Road and Gin Lane. Photo~ View along a former roadway on the east-central port/on of the property. Looking east between Takaposha Road and the eastern property boundary. Photo rah No. 16: View of the concrete block foundation/building ruins on the south-central portion of the property, within the Takaposha Road loop. Photo rah No. 17: View of the ifil pipe for the suspected fuel oil UST associated with the building ruins. Photo rah No. 18: View of some wood debris along Takaposha Road on the southeastern portion of the property. SOIL SURVEY Of SUFFOLK COUNTY, NEW YORK g 716200 716300 .+ USDA ~atan~l ~.aurc~ 716900 0 50 100 200 0 200 400 Web Soil Sarvey l.l National Cooperative Soil S~rvey 800 1,200 Feet 1,600 4/27/2007 Page I of 3 SSURGO SOIL MAP - 01913956.6r 6 / 1 /~/ SSURGO Soil SITE NAME: Takaposha Shores CUENT: Freudonthal & Elkowitz ADDRESS: Main Bayview Road CONTACT: Keith Butler Southold NY 11971 INQUIRY#: 01913956.6r I-AT/LONG: 41.0332/72.4154 DATE: Apd127, 2007 6:34 pm PHYSICAL SETTING SOURCE MAP - 01913956.6r /V County Boundary /V Major Roads /~v/ Contour Unes (~ Earthquake epic, enter, Richter 5 or greater ~ Water Wells (~ public Water Supply Wells ~ Cluster of Multiple Icons ~t Groundwater Flow Direction ~ Indeterminate Groundwater Flow at Location (~i Groundwater Flow Varies at Location I~ Closest Hydrogeologioal Data ~ Oil, gas or related wells SITE NAME: Takaposha Shores ADDRESS: Main Bayvlew Road Southold NY 11971 LAT/LONG: 41.0332/72.4154 CLIENT: Freudenthal & Elkowitz CONTACT: Keith Butler INQUIRY#: 01913956.6r DATE: April 27, 2007 6:34 pm OVERVIEW MAP - 01913956.6r Target Property · Sites at elevations higher than er equal to the target property Sites at elevations [ewer than the target property ~. Manufactured Gas Plante ] National Priority List Sites [] Dept. Defense Sites ~ Indian Reservations BIA i~/ Oil & Gas pipelines ] 100-year flood zone [] 5OD-year flood zone ] NstionalWetiand Inventory [] State WeUands 1/2 This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those Icons for the default map view. SiTE NAME: Takaposha Shores ADDRESS: Main BayviewRoad Southold NY 11971 LAT/LONG: 41.0332 / 72.4154 ICUENT: Freudenthal & EIkowitz CONTACT: Keith Butler INQUIRY#: 01913956.6r DATE: April 27, 2007 6:34 pm DETAIL MAP - 01913956,6r ,k, Target Property · Sites at elevations higher than or equa) to the target property * Sites at elevations lower than the target property · Manufactured Gas Plants & Sensitive Receptors ] NationaJ Priority List Sites ~"~1 Dept. Defense Sites ~ Indian Reservations BIA ~;,? Oil & Gas pipelines ~ 100-year flood zone ] 500-year flood zone ] National Wetland Inventory ] State Wetlands This report includes Interactive Map Layers to display and/or hide map informal on The legend includes only those Icons for thc default map view. I SITE NAME: Takaposha Shores CLIENT: Freudenthal & EIkowitz ADDRESS: Main Bayview Road CONTACT: Keith Butler Southold NY 11971 INQUIRY #; 01913956.6r LAT/LONG: 41.0332/72.4154 DATE: April27,2007 6:34pm P U B L I C H E A R I N G Southold Town Board - Letter Board Meeting of November 20, 2007 RESOLUTION 2007-901 ADOPTED Item # DOC ID: 3337 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-901 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 20, 2007: RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ December 4~ 2007~ at 7:50 p.m.~ Southold Town Hail~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of proper~ from The Nature Conservancy~ contract vendee of the property owned by Julius Blocker Revocable Trust~ and known as the Blocker property. Said property is identified as SCTM # 1000-87-6-12.1. The total area of the property is 45± acres. The address of the property is 1005 Takaposa Road in Southold. The property is located within the A-C zoning district. The property has approximately 596± of road frontage on Main Bayview Road and 50± of road frontage on Watersedge Way. The property is currently accessed by Takaposa Road that is located on the southerly side of Main Bayview Road approximately 400 feet west of the intersection of Jacobs Lane and Main Bayview Road in Southold. The property shares an easterly boundary line with a filed subdivision map known as "Bay Haven" and common boundaries with five individual parcels now or formerly owned by Margaret McNamara, Ralph L. & Elaine B. Panella, Theodore Zang, Spiridon & Letta Kouzios and Harford Living Trust. The property also has approximately 3200± feet of shoreline along Corey Creek and approximately 2480± feet of shoreline on Hog Neck Bay. The proposed acquisition is for the Town of Southold, in a joint 50%/50% partnership with the County of Suffolk, to acquire fee title to the entire 45_+ acres known as the Blocker property for open space purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 45+ acre parcel is $8,000,000 (eight million dollars) and the purchase will be funded by the Town's Community Preservation Fund and the County of Suffolk in a 50%/50% Generated November 26, 2007 Page 44 Southold Town Board - Letter Board Meeting of November 20, 2007 partnership which will include the purchase price and any related acquisition costs associated with the purchase of this property. The Town has made application to, and the Town may become eligible for grant funding from, the New York State Office of Parks, Recreation and Historic Preservation. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space. The purpose of this acquisition is for open space protection and passive recreational purposes. Proposed uses of the property may include the establishment ora nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property. The Land Preservation Co.ordinator has review the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary flow credits are not available for transfer from this acquisition as it is a joint purchase ~vith the County of Suflblk and the County regulations do not allow for transfer. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., [dwards, Ross, Wickham, Evans, Russell Generated November 26, 2007 Pagc 45 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ December 4~ 2007, at 7:50 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of property from The Nature Conservanc¥~ contract vendee of the property owned by Julius Blocker Revocable Trush and known as the Blocker property. Said property is identified as SCTM # 1000-87-6-12.1. The total area of the property is 45± acres. The address of the property is 1005 Takaposa Road in Southold. The property is located within the A-C zoning district. The property has approximately 596± of road frontage on Main Bayview Road and 50± of road frontage on Watersedge Way. The property is ctm'ently accessed by Takaposa Road that is located on the southerly side of Main Bayview Road approximately 400 feet west of the intersection of Jacobs Lane and Main Bayview Road in Southold. The property shares an easterly boundary line with a filed subdivision map known as "Bay Haven" and common boundaries with five individual parcels now or formerly owned by Margaret McNamara, Ralph L. & Elaine B. Panella, Theodore Zang, Spiridon & Letta Kouzios and Harford Living Trust. The property also has approximately 3200± feet of shoreli,ne along Corey Creek and approximately 2480± feet of shoreline on Hog Neck Bay. The proposed acquisition is for the Town of Southold, in a joint 50%/50% partnership with the County of Suttblk, to acquire fee title to the entire 45+ acres known as the Blocker property for open space purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 45_+ acre parcel is $8,000,000 (eight million dollars) and the purchase will be funded by the Town's Community Preservation Fund and the County of SufIblk in a 50%/50% partnership which will include the purchase price and any related acquisition costs associated with the purchase of this property. The Town has made application to, and the Town may become eligible for grant funding from, the New York State Office of Parks, Recreation and Historic Preservation. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space. The purpose of this acquisition is for open space protection and passive recreational purposes. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area ~vith trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property. The Land Prescrvalion Coordinator has review the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary flow credits are not available for transfer from this acquisition as it is a joint purchase with the County of Suffolk and the County regulations do not allow for transfer. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land 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 20, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON NOVEMBER 29, 2007~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the follow, ing: The Suftblk Times Town Board Members Land Preservation Town Clerk's Bulletin Board Town Attorney SOUTHOLD TOWN BOARD PUBLIC HEARING December 4, 2007 7:50 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ December 4~ 2007~ at 7:50 p.m, Southold Town Halk 53095 Main Road~ Southold, New York as the time and place for a public hearing for the purchase of property from The Nature Conservancy~ contract vendee of the property owned by Julius Blocker Revocable Trush and known as the Blocker property. Said property is identified as SCTM #1000-87-6-12.1. The total area of the property is 45~- acres. The address of the property is 1005 Takaposa Road in Southold. The property is located within the A-C zoning district. The property has approximately 596± of road frontage on Main Bayview Road and 50± of road frontage on Watersedge Way. The property is currently accessed by Takaposa Road that is located on the southerly side of Main Bayview Road approximately 400 feet west of the iutersection of Jacobs Laue aud Main Bayview Road in Southold. The property shares an easterly boundary line with a filed subdivision map known as "Bay Haven" and comlnon boundaries with five individual parcels now or formerly owned by Margaret McNamara, Ralph L. & Elaine B. Pauella, Theodore Zang, Spiridon & Letta Kouzios and Harford Living Trust. Thc property also has approximately 3200± feet of shoreline along Corey Creek and approximatdy 2480± feet of shoreline on Hog Neck Bay. The proposed acquisition is for the Town of Southold, in a joint 50%/50% partnership with the County of Suffolk, to acquire fee title to the entire 45_+ acres known as the Blocker property for open space purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 45+ acre parcel is $8,000,000 (eight million dollars) and the purchase xvill be funded by the Toxvn's Community Preservation Fund and the County of Suffolk in a 50%/50% partnership which will include the purchase price and any related acquisition costs associated with the purchase of this property. The Town has made application to, and the Tmvn xnay become eligible for grant funding from, the New York State Office of Parks, Recreation and Historic Preservation. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space. The purpose of this acquisition is for open space protection and passive recreational purposes. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property. Blocker Property Public Heating December 4, 2007 The Land Preservation Coordinator has review the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary flow credits are not available for transfer from this acquisition as it is a joint purchase with the County of Suffolk and the County regulations do not allow for transfer. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Toxvn Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have certification that it has appeared as a legal noticing about this public hearing, both in the local newspaper and on the Town Clerk's bulletin board outside and here is a memo from the Town Principal Planner, Mark Terry and also LWRP coordinator. 'Proposal is for a fee title purchase of this property. Proposed acquisition is for the Town in a 50/50 partnership with the County of Suffolk to acquire fee title. Based upon the infoimation provided to the LWRP, that is the Local Waterfront Revitalization Program consistency assessment form submitted to this department, the proposed acquisition is consistent with the policy standards and therefore is consistent with the LWRP.' And l have no further notices or communications in the file. SUPERVISOR RUSSELL: Would anybody like to address the Toxvn Board? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Yes. Melissa Spiro, Land Preservation Coordinator. I will be very short since I think most people are not here to hear me. The Blocker property is a very important property to preserve due to its significant amount of mostly undeveloped frontage on both Corey Creek and the Bay. Preservation of this property will £orever preserve a significant mnount of creek front and bay front from residential impact. As Councihnan Wickham mentioned, there is a partnership with Suffolk County and all costs will be shared equally. I would just like to give some details about the owner of the property, since it is a little confusing. The Town and the County were working towards preservation with Julius Blocker, who unfortunately passed away during the summer. The property is in a trust and the attorney for the estate has decided to continue with the preservation but to work directly with the Nature Conservancy instead of directly with either the Town or the County. While the Nature Conservancy is in a position to help facilitate the preservation of the property, they are not really in a position to purchase and to hold the property into the future. The Nature Conservancy will either purchase the property directly from the estate and then re- sell the property to the Town and the County or else they will assign the contract to the Town and County if the timing xvorks out and the Town and County will close with the estate. The Town is using the Community Preservation Funds for this open space purchase and again, as Councilman Wickhmn mentioned, the purchase is for passive recreational uses and after acquisition, the Town aod County together will develop a management plan for the property. The purchase price is in accordance with the appraisals that were done by the Town and the County and both the Land Preservation Committee and I recommend that the Town Board proceed with this important open Blocker Property Public Hearing December 4, 2007 space purchase. And as our Land Preservation Committee member Ray Huntington is outlining, that is the property right there, for those of you that can't see it. The description was well described I think and I am not going to repeat it. So that is all I have to say. Thank you. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this preservation acquisition? John? JOHN COSTELLO: My nan~e is John Costello. I would like to ask two questions of the Board anyway. How many acres of that property is buildable as per your own zoning now? SUPERVISOR RUSSELL: My calculations, ! actually had asked that of Albert Krupski, who knows that property personally and has walked it several times and told me that most of that land is upland and in fact, it had been farmland for a lot of years, it is fallow now but that it is good, viable, buildable property; xvith public water on site. MR. COSTELLO: But it is not most. I don't believe it is most. COUNCILMAN KRUPSKI: Do you have an acreage calculation? MS. SPIRO: I don't have an acreage calculatiou, l don't have the survey but everything that is dark green on that lot is buildable land. I mean, it is very distinct wetland versus upland. I would say that the majority of the property is upland with tbe exception of the peninsula that sticks out and the creek front. MR. COSTELLO: What is the elevation of the property? MS. SPIRO: Again, 1 don't have the survey in front of me but it is a significant elevation. All of the property to the, I guess, the east is developed. MR. COSTELLO: And i would like to know exactly, you know, how much money you are paying for the development portion of that property per acre. I just think it is an astronomical number. COUNCILMAN WICKHAM: it is $160,000 for the total package. MR. COSTELLO: I know it is. But there is only a certain portion of it that is buildable or possibly developable. SUPERVISOR RUSSELL: That is a fair qucstion. Sure, HUGH POLLA: My name is Hugh Polla, I live on Corey Creek Lane. Something really strikes me here that, in fact, I can feel my skin crawling. Which we are talking about millions and millions of dollars for property, when are we going to get that Corey Creek dredged? That little piece of property that contributes to the recreational facilities and to Blocker Property Public Hearing December 4, 2007 4 the life and betterment of some people at least. I mean, there is a big piece of waterfront, there is Corey Creek and all of that and yet that little inlet there is just about passable, for a relatively small boat. If you have kind of a bigger boat, it is kind of a dredge to get through there. So, I would like to just put into perspective and something, we are talking about spending all this money for property; how about access to the backwaters which are supposed to part of the environmental thing for everyone to enjoy. COUNCILMAN KRUPSKI: Unfortunately, that is (inaudible) MR. POLLA: I know it is a separate issue but let's get the mentality straight, I don't want to hear that. COUNCILMAN KRUPSKI: Well, it's... MR. POLLA: I just want you to accept the fact that we are spending millions and millions of dollars to preservc forever, supposedly, okay, open land. How about the people who have boats and who have access to that beautiful water there? Give them access to the Peconic Bay. COUNCILMAN KRUPSKI: It is an im, olved qnestion. Most of the Dredge Committee is here and maybe they would be happy to speak to you after the meeting. SUPERVISOR RUSSELL: Just as a point of clarification, this is money that has been spent, the taxpayers have voted to spend this money. And they voted to spend this money through the CPF approval of that fired and through every bond initiative that we have put forward. UNIDENTIFIED: lnandible (Commcnts made from audience) SUPERVISOR RUSSELL: I can appreciate the input. We ~vill discuss dredging as soon as xve close the public hearing on the preservation issue. You raised a valid point and we will address it as soon as xve are out of public hearing. HOWARD MEINEKE: My name is Howard Meineke. I have been out here for a long time, in Cutchogue and more recently Mattituck and I am a member of NFEC but I would just say that with all the money we have spent and ~ve are preserving agricultural land and the farming industry and I have gone public a fe~v times that keeping this place rural is not strictly farms and agriculture it is open space and un-built xvaterfront and other things and i applaud you. I think this is a marveloas step to preserve something else because the overall attraction and the magic of Southold is not jnst farms, I once participated in a ceremony preserving farms up west and wc went to the end of the road and between raised ranches and Hillary Cliuton m~d Governor Pataki spoke and we were surrounded by raised ranches and we preserved a piece of farm. Now that was not rural. This business of doing what you are doing here is what will act to keep us rural and I applaud you again. I think it is the right thing to do. Blocker Property Public Heating 5 December 4, 2007 COUNCILMAN WICKHAM: I would like to just add that this piece is also adjacent to other parts that we have already preserved to make a larger whole. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) We will move on to the second hearing. Southold Town Clerk S E R E S 0 L U T I 0 N RESOLUTION 2007-930 ADOPTED DOC ID: 3363 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-930 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 4, 2007: WHEREAS, the Town Board of the Town of Southold wishes to purchase fee title to a certain property from The Nature Conservancy, contract vendee of the property owned by Julius Blocker Revocable Trust, and known as the Blocker Properly, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said property is identified as SCTM # 1000-87-6-12.1. The total area of the property is 45=: acres. The address of the property is 1005 Takaposa Road in Southold. The property is located within the A-C zoning district. The property has approximately 596=: feet of road frontage on Main Bayview Road and 50=: feet of road frontage on Watersedge Way. The property is currently accessed by Takaposa Road that is located on the southerly side of Main Bayview Road approximately 400 feet west of the intersection of Jacobs Lane and Main Bayview Road in Southold. The property shares an easterly boundary line with a filed subdivision map known as "Bay Haven" and common boundaries with five individual parcels now or formerly owned by Margaret McNamara, Ralph L. & Elaine B. Panella, Theodore Zang, Spiridon & Letta Kouzios and Harford Living Trust. The property also has approximately 3200=: feet of shoreline along Corey Creek and approximately 2480± feet of shoreline on Hog Neck Bay. The proposed acquisition is for the Town, in a joint 50%/50% partnership with the County of Suffolk, to acquire fee title to the entire 45=: acres known as the Blocker Property for open space protection and passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 45± acre property is $8,000,000 (eight million dollars) and the purchase will be funded by the Town's Community Preservation Fund and the County of Suffolk in a 50%/50% partnership which will include the purchase price and any related acquisition costs associated with the purchase of the property. The Town has made application to, and the Town may become eligible for grant funding from, the New York State Office of Parks, Recreation and Historic Preservation; now, therefore, be it Resolution 2007-930 Board Meeting of December 4, 2007 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 Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Updated: 12/4/2007 2:50 PM by Lynda Bohn Page 2 P U R C H A S E R E S O L U T I O N Southold Town Board - Letter Board Meeting of December 4, 2007 RESOLUTION 2007-934 ADOPTED Item # DOC ID: 3364 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-934 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 4, 2007: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of fee title to a certain property from The Nature Conservancy, contract vendee of the property owned by Julius Blocker Revocable Trust, and known as the Blocker Property, on the 4th day of December, 2007, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-87-6-12.1. The total area of the property is 45± acres. The address of the property is 1005 Takaposa Road in Southold. The property is located within the A-C zoning district. The property has approximately 596~ feet of road frontage on Main Bayview Road and 50± feet of road frontage on Watersedge Way. The property is currently accessed by Takaposa Road that is located on the southerly side of Main Bayvicw Road approximately 400 feet west of the intersection of Jacobs Lane and Main Bayview Road in Southold. The property shares an easterly boundary line with a filed subdivision map kno~vn as "Bay Haven" and common boundaries with five individual parcels now or formerly owned by Margaret McNamara, Ralph L. & Elaine B. Panella, Theodore Zang, Spiridon & Letta Kouzios and Harford Living Trust. The property also has approximately 3200± feet of shoreline along Corey Creek and approximately 2480± feet of shoreline on Hog Neck Bay; and WHEREAS, the proposed acquisition is for the Town, in a joint 50%/50% partnership with the County of Suffolk, to acquire fee title to the entire 45± acres known as the Blocker Property for open space purposes. The exact area of the purchase is subject to survey. The purchase price/hr the entire 45:~ acre property is $8,000,000 (eight million dollars) and the purchase will be funded by the Town's Community Preservation Fund and the County of Suffolk in a 50%/50% partnership which will include tile purchase price and any related acquisition costs associated with the purchase of this property. The Town has made applicatiou to, and the Town may become eligible l'or grant ftmdi~ag l¥om~ the New York State Office of Parks, Recreation a~d Historic Preservation: and ¥~HEREAS, the property is listed on thc 'Iowt~'s Commtluity Preservation Project Plan as [3repel'fy that shottld be preserved l~)r ope~ space. '['be ptlrpose of this acquisitiol~ is for opel1 2007 I)~lge 5~) Southold Town Board - Letter Board Meeting of December 4, 2007 space protection and passive recreational purposes. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property; WHEREAS, the Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary Flow Credits are not available for transfer from this acquisition as it is a joint purchase with the County of Suffolk and the County regulations do not allow for transfer; and WHEREAS, the purchase of fee title to this property for open space purposes is in conformance with the provision of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended, and the Town Board has determined, that this action is consistent with the LWRP; and WHEREAS, the Land Pre.servation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire fee title to this open space acquisition; and WHEREAS, the Town Board deems it in the best public interest that the Town of Sou)hold purchase fee title to this property; now, therefore, be it RESOLVED that the To~vn Board of the Town of Southold hereby elects to purchase fee title to a certain property from The Nature Conservancy~ contract vendee of the property owned by Julius Blocker Revocable Trush and known as the Blocker Propert35 pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Sou)hold. Said property is identified as SCTM #1000-87-6-12.1. The total area of the property is 45~ acres. The address of the property is 1005 Takaposa Road in Southold. The property is located within the A-C zoning district. The property has approximately 596± feet of road frontage on Main Bayview Road and 50+ feet of road frontage on Watersedge Way. The property is currently accessed by Takaposa Road that is located on the southerly side of Main Bayview Road approximately 400 feet west of the intersection of Jacobs Lane aud Main Bayview Road in Southold. The property shares an easterly boundary line with a filed subdivision )nap known as "Bay Haven" and common boundaries with five individual parcels now or formerly owned by Margaret McNamara, Ralph k. & Elaine B. Panella, Thcodore 7.ang, Spiridon & Letta Kouzios and ttarford Living Trust. The property als() has approximatel) 3200± feet of shoreline along Corey Creek and approximately 2480~ feet of shoreline on tqog Neck Bay. The proposed acquisition is for the Town, in a joint 50%/50% partnership with the County of Suffolk, to acquire fee title to the eutire 45± acres known as the Blocker Property liar open space purposes. The exact area oflhe purchase is subject Generated December 18. 2007 l~age 60 Southold Town Board - Letter Board Meeting of December 4, 2007 to survey. The purchase price for the entire 45+ acre property is $8,000,000 (eight million dollars) and the purchase will be funded by the Town's Community Preservation Fund and the County of Suffolk in a 50%/50% partnership which will include the purchase price and any related acquisition costs associated with the purchase of this property. The Town has made application to, and the Town may become eligible for grant funding from, the New York State Office of Parks, Recreation and Historic Preservation. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space. The purpose of this acquisition is for open space protection and passive recreational purposes. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this' property. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary Flow Credits are not available for transfer from this acquisition as it is a joint purchase with the County of Suffolk and the County regulations do not allow for transfer. The purchase of fee title to this property for open space purposes is in conformance with the provision of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended, and the Town Board has determined, that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell OFFICE LOCATION: Town Hall Annex 54375 State l~oute 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southokt Town Board Kieran Corcoran, Assistant Town Attor~ Froln: Mark Ten-y, LWRP Coordinator~ Principal Planner Date: November 30, 2007 Rc: Fee title purchase of properties owned by Julius Blocker Revocable Trust a/k/a the Blocker Parcel SC)'M #1000-87-6-12.1. This proposal is for thc fcc title purchase of the 45 _+ property SCTM #1000-87-6-12.1. owned by Julius Blocker Revocable Trust aJk/a thc Blocker property. The proposed acquisition is for thc Town of Southold, in a joint 50%/50% partnership with the County of Suflblk, to acquire fee title to the entire 45_+ acres for open space purposes. Based upon the information provided oil the Local Waterfi'ont Revitalization Program (LWRP) Consistency Assessment Form submittcd to this deparm~ent, tile proposed action is CONSISTENT with the policy standards mid therefore is CONSISTENT with the LWRP. 765-1 ~.~ 8 if you have any' questions regarding the above Plcase contact mc at (631) ' (" recommendation. Cc: Melissa Spiro, Land Preservation Coordinator NOV 3 0 2007 DEPT OF LAND PRES£RVATION C 0 U N T Y R E S 0 L U T I 0 N S Intro Page I of 8 Intro. Res. No. 1338-2004 Laid on Table 3/23/2004 Introduced by the Presiding Officer on request of the County Executive and Legislators Crecca, Schneiderman and O'Leary RESOLUTION NO. 621 -2004, APPROVZNG MASTER LIST OF ENVZRONMENTALLY SENSZTZVE, FARMLAND, AND RECREATZONALLY IMPORTANT LAND ACQUISITZONS AND I'MPLEMENTZNG PLANNZNG STEPS WHEREAS, Local Law 35-1999, "A Charter Law Adopting Common Sense Tax Stabilization Plan for Sewers, Environmental Protection and County Taxpayers," authorizes the use of 7.35 per cent of sales and compensating use tax proceeds generated each year for farmland development rights acquisition, as determined by duly enacted Resolutions of the County of Suffolk; and WHEREAS, Resolution No. 559-1998 (Local Law No. 27-1998), a "Charter Law Adding Article XII-A to the Suffolk County Charter to Provide a Suffolk County Greenways Community Fund" was approved by the electorate on November 3, 1998, thereby making $20 Million available for land acquisition under the Suffolk County Farmland Development Rights Program; and WHEREAS, the Greenways Community Fund provides for Town participation by sharing in the investment in County land acquisitions to expedite land preservation; and WHEREAS, Resolution No. 559-1998 (Local Law No. 27-1998), a "Charter Law Adding Article XII-A to the Suffolk County Charter to Provide a Suffolk County Greenways Community Fund" was approved by the electorate on November 3, 1998, thereby making $20 Million available for land acquisition under the Suffolk County Open Space Preservation Program; and WHEREAS, Local Law 35-1999, "A Charter Law Adopting Common Sense Tax Stabilization Plan for Sewers, Environmental Protection and County Taxpayers," authorizes the use of 13.55 per cent of sales and compensating use tax proceeds generated each year for open space acquisition, as determined by duly enacted Resolutions of the County of Suffolk; and WHEREAS, Resolution No. 751-1997 established the Land Preservation Partnership Program with Suffolk County towns, subject to receipt by the County Executive of a Town Board resolution which represents that the property is eligible for acquisition under the County Drinking Water Protection Program, the Open Space Program, the Farm[and Development Rights Program, watershed and/or estuary protection, or parklands; authorizes acquisition of fee title, or a lesser interest therein, to be held by the County of Suffolk; appropriates funds for the acquisition in the amount of fifty-percent (50%) of the total cost of acquisition, including, but not limited to survey, appraisal, environmental audit, title insurance, tax adjustment and taxes prior to exemption and recommends management and use of the property in accordance with existing or new County land preservation and management categories, as listed in that Resolution; and WHEREAS, the 5th RESOLVED clause of Resolution No. 459-2001 established the Suffolk County Multifaceted Land Preservation Program for acquisitions to be consummated pursuant to Resolution 751-1997; pursuant to the traditional Suffolk County Open Space Program (in accordance with criteria attached thereto as Exhibit "A"); pursuant to Chapter 8 of the SUFFOLK COUNTY CODE; for parkland purposes; for environmentally sensitive land acquisition; for watershed and/or estuary protection; for drinking water protection purposes; or in accordance with the programmatic criteria set forth in Resolution No. 603-2001 designated as the Suffolk County Active Parklands Stage I! Acquisition Program; and WHEREAS, Res. 591-1996, approved by the electorate on November 5, 1996, amended the Suffolk County 1/4% Drinking Water Protection Program so as to allocate nearly one-third (1/3) of the surplus funds under this Program to the acquisition of park)ands (inclusive of beach nourishment allocation) in the Towns of Huntington, Babylon, 1slip, Shelter Island, and Smithtown, based on each Town's pro rata share of the County-wide population, as determined by a duly enacted Resolution by the County of Suffolk; and WHEREAS, Res. 591-1996, approved by the eJectorate on November 5, 1996, amended http://legis.suffolkcountyny.gov/resos2004/i 1338-04.htm 9/10/2009 Intro Page 2 of 8 the Suffolk County 1/4% Drinking Water Protection Program so as to allocate nearly two-thirds (2/3) of the surplus funds under this Program to the acquisition of land in accordance with Section 12-5(A) of the SUFFOLK COUNTY CHARTER, as determined by a duly enacted Resolution by the County of Suffolk; and WHEREAS, the County's nationally acclaimed land-preservation programs are in need of a jump start that revolves around adoption of a master list of important and significant environmentally sensitive lands, farmland, working landscapes and recreationally important lands, in addition to parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, necessary to be acquired by the County of Suffolk for the recent urgent development that wipes out the last vestiges of open space; now, therefore, be it 1st RESOLVED, that the master lists identified by Exhibits "A and B" for the acquisition of environmentally sensitive, farmland, and recreationally important lands in Suffolk County, is hereby approved and/or confirmed, as a supplement to parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk; and be it further I.) DEVELOPMENT RIGHTS TO FARMLANDS/PAY-AS-YOU-GO 1/4°/o TAXPAYER PROTECTION PROGRAM 2nd RESOLVED, that the following parcel(s), in addition to parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, is (are) hereby approved for preliminary planning steps and ultimate inclusion in the Suffolk County Farmland Preservation Program authorized, empowered, and directed by Section 12-3 of the SUFFOLK COUNTY CHARTER and implemented under Article XIT of the SUFFOLK COUNTY CHARTER: SUFFOLK COUNTY TAX MAP NUMBER: ACRES: REPUTED OWNER PARCEL: AND ADDRESS: NO. District Section Block Lot SET FORTH IN EXHIBIT "A" A~ACHED HERETO AND MADE A PART HEREOF and be it further 3rd RESOLVED, that the Commissioner of the County Department of Public Works is hereby authorized, empowered, and directed, pursuant to Section 8-2(W) of the SUFFOLK COUNTY CHARTER, to have surveys and maps prepared for the subject parcel(s) in accordance with Resolution No. 423-1988; and be it further 4th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby authorized, empowered, and directed, pursuant to Section 14-10(B) of the SUFFOLK COUNTY CHARTER, to have the subject parcel(s) appraised, environmentally audited, and searched for title; and be it further Sth RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire the farmland development rights of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further 6th RESOLVED, that the cost of such surveys, title searches, audits, maps and/or appraisals, if any, shall be paid from the funds to be appropriated pursuant to Article X]! of the SUFFOLK COUNTY CHARTER as a reimbursement, if necessary, for costs incurred and paid for from other funds or as a direct payment from such proceeds, as the case may be; and be it further http://legis.suffolkcountyny, gov/resos2004/i 1338-04 .htm 9/10/2009 Intro Page 3 of 8 7th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to utilize such valid appraisals for the subject parcel(s) as may be made available to the County by any pertinent municipality, either voluntarily or upon request by the County of Suffolk; and be it further 8th RESOLVED, that the County of Suffolk may reimburse any municipality, whose appraisal is utilized for the above-described purpose, for the cost of obtaining such appraisal in the event that the County elects to utilize such appraisals for the subject parcel(s); and be it further II.) GREENWAYS PROGRAM FARMLAND DEVELOPMENT RIGHTS 9th RESOLVED, that the Director of the Division of Real Estate, or his deputy, is hereby authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to take all preliminary planning steps (i.e. survey, appraisal, title search, and environmental audit) as shall be necessary and appropriate to acquire the farmland development rights, via a negotiated purchase, in addition to parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk listed herein below from the reputed owners for inclusion in the Suffolk County Farmland Development Rights Program, the funding for which shall be provided under the Suffolk County Greenways Community Fund, i.e. Section 12-A(A)(3) of the SUFFOLK COUNTY CHARTER: SUFFOLK COUNTY PARCEL: TAX MAP NUMBER: ACRES: REPUTED OWNER AND ADDRESS: No, I District Section Block Lot SET FORTH IN EXHIBIT "A' ATTACHED HERETO AND MADE A PART HEREOF and be it further lOth RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire fee simple absolute or a lesser interest (i.e. conservation easement) of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further 11th RESOLVED, that the pertinent proposed acquisition shall be consummated in accordance with, and subject to, the provisions of Sections 12-A(A)(3), (5) and (6) of the SUFFOLK COUNTY CHARTER in connection with such farmland development rights acquisitions, the appropriations and expenditures of County bond proceeds for which is hereby conditioned upon receipt by the County of Suffolk of the written binding pledge or commitment to provide at least thirty per cent (30%) of the actual cost of acquisition from the pertinent Town, for each subject parcel from which such farmland development rights are acquired; and be it further 12th RESOLVED, that the County Department of Planning, the Division of Real Estate; the County Planning Department; the County Department of Public Works; and/or the County Department of Parks, Recreation and Conservation are hereby authorized, empowered, and directed to take such other actions as may be necessary and appropriate to consummate such acquisition, including, but not limited to, securing appraisals, obtaining surveys, obtaining engineering reports, securing title insurance, and executing such other documents as are required to acquire such County interest in said lands; and be it further III.) GREENWAYS PROGRAM/OPEN SPACE 13th RESOLVED, that the Director of the Division of Real Estate, or his deputy, is hereby authorized, empowered, and directed, pursuant to Section 16-3(B) of the SUFFOLK COUNTY CHARTER, to take all preliminary planning steps (i.e. survey, appraisal, title search, and environmental audit) as http://legis, suffolkcountyny.gov/resos2004/i 1338-04.htm 9/10/2009 Intro Page 4 of 8 shall be necessary and appropriate to acquire fee title to the parcels listed herein below from the reputed owners for inclusion in the Suffolk County Active Open Space Acquisition Program, in addition to parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, the funding for which shall be provided under the Suffolk Community Greenways County Fund, i.e. Section :~2-A(A)(1) of the SUFFOLK COUNTY CHARTER: SUFFOLK COUNTY PARCEL: TAX MAP NUMBER: ACRES: REPUTED OWNER AND ADDRESS: NO. 1 District Section Block Lot SET FORTH IN EXHIBIT "B" A'FfACHED HERETO AND MADE A PART HEREOF and be it further 14th RESOLVED, that this proposed acquisition shall be consummated in accordance with, and subject to, the provisions of Sections 12-A(A)(1), (5) and (6) of the SUFFOLK COUNTY CHARTER in connection with such open-space preservation acquisitions; and be it further 1Sth RESOLVED, that the County Department of Law, the Division of Real Estate, the County Planning Department, the County Department of Public Works, and/or the County Department of Parks, Recreation and Conservation are hereby authorized, empowered, and directed to take such other actions as may be necessary and appropriate to consummate such acquisition, including, but not limited to, securing appraisals, obtaining surveys, obtaining engineering reports, securing title insurance, and executing such other documents as are required to acquire such County interest in said lands; and be it further 16th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-:~0(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire fee simple absolute or a lesser interest (i.e. conservation easement) of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further TV.) LAND AC(~UZSZTZON/PAY-AS-YOU-GO 1/4°/o TAXPAYER PROTECT'irON PROGRAM 17th RESOLVED, that the following parcel(s), in addition to those parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, is (are) hereby approved for preliminary planning steps and ultimate inclusion in the Suffolk County Drinking Water Protection Program authorized, empowered, and directed by Section 12-3 of the SUFFOLK COUNTY CHARTER and implemented under Article XII of the SUFFOLK COUNTY CHARTER: SUFFOLK COUNTY PARCEL TAX MAP NO. ACRES REPUTED OWNER No. District Section Block Lot SET FORTH IN EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF and be it further 18th RESOLVED, that the Commissioner of the County Department of Public Works is hereby authorized, empowered, and directed, pursuant to Section 8-2(W) of the SUFFOLK COUNTY CHARTER, to have surveys and maps prepared for the subject parcel(s) in accordance with Resolution No. 423-1988; and be it further 19th RESOLVED, that the Director of the Division of Real Estate within the County Planning http://legis.suffolkcountyny.gov/resos2004/i 1338-04.htm 9/10/2009 Intro Page 5 of 8 Department, or his or her deputy, is hereby authorized, empowered, and directed, pursuant to Section :L4-10(B) of the SUFFOLK COUNTY CHARTER, to have the subject parcel(s) appraised, environmentally audited, and searched for title; and be it further 20th RESOLVED, that the County Department of Parks, Recreation, and Conservation is hereby authorized, empowered, and directed, pursuant to Section 28-4(A) of the SUFFOLK COUNTY CHARTER and Section 119-o of the NEW YORK GENERAL MUNICIPAL LAW to enter into such agreements with the pertinent Town as shall be necessary and appropriate to provide for day-to-day management of said property by the pertinent Town and to provide such improvements as shall be necessary and appropriate to manage such property and implement such agreements; and be it further 21st RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section :L4-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire fee simple absolute or a lesser interest (i.e. conservation easement) of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further 22nd RESOLVED, that the cost of such surveys, title searches, audits, maps and/or appraisals, if any, shall be paid from the funds to be appropriated pursuant to Article XI! of the SUFFOLK COUNTY CHARTER as a reimbursement, if necessary, for costs incurred and paid for from other funds or as a direct payment from such proceeds, as the case may be; and be it further 23rd RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to utilize such valid appraisals for the subject parcel(s) as may be made available to the County by any pertinent municipality, either voluntarily or upon request by the County of Suffolk; and be it further 24th RESOLVED, that the County of Suffolk may reimburse any municipality, whose appraisal is utilized for the above-described purpose, for the cost of obtaining such appraisal in the event that the County elects to utilize such appraisals for the subject parcel(s); and be it further v.) ACQUISITION OF LAND/1989-2000 DRINKING WATER PROTECTION PROGRAM (RESIDUAL FUNDS) 25th RESOLVED, that the following parcel(s), in addition to parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, are hereby approved for preliminary planning steps and ultimate inclusion in the Suffolk County Drinking Water Protection Program authorized, empowered, and directed by Section 12-3 of the SUFFOLK COUNTY CHARTER and implemented under Article XI! of the SUFFOLK COUNTY CHARTER: SUFFOLK COUNTY PARCEL TAX MAP NO. ACRES REPUTED OWNER No, '~ District Section Block Lot SET FORTH IN EXHIBIT "B' Ali-ACHED HERETO AND MADE A PART HEREOF and be it further 26th RESOLVED, that the Commissioner of the County Department of Public Works is hereby authorized, empowered, and directed, pursuant to Section 8-2(W) of the SUFFOLK COUNTY CHARTER, to have surveys and maps prepared for the subject parcel(s) in accordance with Resolution No. 423-1988; and be it further 27th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby authorized, empowered, and directed, pursuant to Section 14-10(B) of the SUFFOLK COUNTY CHARTER, to have the subject parcel(s) appraised; and be it further http://legis.suffolkcountyny.gov/resos2004/i 1338-04.htm 9/10/2009 Intro Page 6 of 8 28th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire fee simple absolute or a lesser interest (i.e. conservation easement) of the subject parcels, the actuat acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further 29th RESOLVED, that the cost of such surveys, maps and/or appraisals, if any, shall be paid from the funds to be appropriated pursuant to Article XII of the SUFFOLK COUNTY CHARTER as a reimbursement, if necessary, for costs incurred and paid for from other funds or as a direct payment from such proceeds, as the case may be; and be it further 30th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section ].4-10(E) of the SUFFOLK COUNTY CHARTER, to utilize such appraisals for the subject parcel(s) as may be made available to the County by any pertinent municipality, either voluntarily or upon request by the County and to secure such title searches and environmental audits as shall be necessary and appropriate to acquire the title to the parcels listed herein from the reputed owners for inclusion into the County's Open Space or Parkland Preservation program, as the case may be; and be it further 31st RESOLVED, that the County of Suffolk may reimburse any municipality, whose appraisal is utilized for the above-described purpose, for the cost of obtaining such appraisal in the event that the County elects to utilize such appraisals for the subject parcel(s); and be it further VI.) SUFFOLK COUNTY LAND PRESERVATION PARTNERSHTP PROGRAM 32nd RESOLVED, that the Director of the Division of Real Estate, or his deputy, is hereby authorized, empowered, and directed, pursuant to Section 14-10(B) and {E) of the SUFFOLK COUNTY CHARTER, to take all preliminary planning steps (i.e. survey, appraisal, title search, and environmental audit) as shall be necessary and appropriate as set forth in the 3rd RESOLVED clause of this Resolution to acquire fee title for the parcels listed herein below, from the reputed owners, in addition to the parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, for inclusion in the Suffolk County Land Preservation Partnership Program, E.G. PARKLANDS, OPEN SPACE, DRINKING WATER PROTECTION PROGRAM, FARMLAND DEVELOPMENT RIGHTS PROGRAM, WATERSHED AND/OR ESTUARY PROTECTION, TO RESTRICT USE AS SPECIFIED IN A CONSERVATION EASEMENT, the funding for which shall be provided under Resolutions Nos. 751-1997 and 1092-1997 as supplemented by subsequent appropriations; SUFFOLK COUNTY PARCEL: TAX MAP NUMBER: ACRES: REPUTED OWNER AND ADDRESS: No. I District Section Block Lot SET FORTH IN EXHIBITS "A and B" A~I'ACHED HERETO AND MADE A PART HEREOF and be it further 33rd RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire fee simple absolute or a lesser interest (i.e. conservation easement) of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further 34th RESOLVED, that this proposed acquisition shall be consummated in accordance with, and subject to, the provisions of Resolutions Nos. 75~.-1997 and 1092-1997; and be it further 35th RESOLVED, that the County Department of Planning, Division of Real Estate, the County http://legis.suffolkcountyny.gov/resos2004/i1338-04.htm 9/10/2009 Intro Page 7 of 8 Planning Department, the County Department of Public Works, and/or the County Department of Parks, Recreation and Conservation are hereby authorized, empowered, and directed to take such other actions as may be necessary and appropriate, in connection with planning for such acquisition, to secure appraisals, obtain surveys, obtain engineering reports, and secure title insurance for such lands; and be it further 36th RESOLVED, that any unencumbered, unallocated funds available at the conclusion of the consummation of the acquisition of these proposed parcels shall be appropriated to future and subsequent acquisitions under the Suffolk County Land Preservation Partnership Program; and be it further VII.) MULTIFACETED LAND PRESERVATION PROGRAM 37th RESOLVED, that the Director of the Division of Real Estate, or his deputy, is hereby authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to take all preliminary planning steps (i.e. survey, appraisal, title search, and environmental audit) as shall be necessary and appropriate as set forth in the 3rd RESOLVED clause of this Resolution, funding for which shall be provided in Capital Project No. 7177, to acquire fee title to the parcels listed herein below from the reputed owners for inclusion in the Suffolk County Multifaceted Land Acquisition Program for acquisitions, together with those parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, to be consummated ---pursuant to Resolution 751-1997; ---pursuant to the traditional Suffolk County Open Space Program (in accordance with criteria attached thereto as Exhibit 'A"); ---pursuant to Chapter 8 of the SUFFOLK COUNTY CODE; for parkland purposes; ---for environmentally sensitive land acquisition; ---for watershed and/or estuary protection; ---for drinking water protection purposes; or ---in accordance with the programmatic criteria set forth in Resolution No. 603-2001 designated as the Suffolk County Active Parklands Stage II Acquisition Program: SUFFOLK COUNTY PARCEL: TAX MAP NUMBER: ACRES: REPUTED OWNER AND ADDRESS: No. I District Section Block Lot SET FORTH IN EXHIBIT "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF and be it further 38th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire fee simple absolute or a lesser interest (i.e. conservation easement) of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further 3gth RESOLVED, that this proposed acquisition shall be consummated in accordance with, and subject to, the provisions of the 5th RESOLVED clause of Resolution No. 459-2001; and be it further 40th RESOLVED, that the County Department of Pianning, Division of Real Estate, the County Planning Department, the County Department of Public Works, and/or the County Department of Parks, Recreation and Conservation are hereby authorized, empowered, and directed to take such other actions as may be necessary and appropriate, in connection with planning for such acquisition, to secure appraisals, obtain surveys, obtain engineering reports, and secure title insurance for such lands; and be it further VIII.) WATER QUALITY PROTECTION COMPONENT OF http://legis.suffolkcountyny.gov/resos2004/i 1338-04.htm 9/10/2009 Intro Page 8 of 8 1/4°/o DRINKING WATER PROTECTION PROGRAf4 41st RESOLVED, that the Director of the Division of Real Estate in the County Department of Planning is hereby authorized, empowered, and directed, pursuant to Section ].4-10(B) or Section 14-].0 (E) of the SUFFOLK COUNTY CHARTER, to take all preliminary planning steps (i.e. survey, appraisal, title search, and environmental audit) as shall be necessary and appropriate to acquire fee title to the parcels listed herein below from the reputed owners for inclusion into the County's Open Space or Parkland Preservation Program, in addition to parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, as the case may be: SUFFOLK COUNTY PARCEL: TAX HAP NUf4BER: ACRES: REPUTED OWNER AND ADDRESS: No. I District Section Block Lot SET FORTH IN EXHIBIT "B" ATrACHED HERETO AND MADE A PART HEREOF and be it further 42nd RESOLVED, that the Director of the Division of Real Estate in the County Department of Planning is hereby authorized, empowered, and directed, pursuant to Section ].4-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire fee simple absolute or a lesser interest (i.e. conservation easement) of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further 43rd RESOLVED, that the County Division of Real Estate is hereby authorized to use such appraisals as may be made available by other municipalities for the purpose of such acquisition, if deemed cost effective and appropriate by the Department; and be it further 44th RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination of non-significance in accordance with this Resolution; and be it further 45th RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type II action pursuant to Section 617.5(c)(20), (21), and/or (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0].09(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection, and the Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this resolution. DATED: June 8, 2004 APPROVED BY: /s/Steve Levy County Executive of Suffolk County Date: June 23, 2004 http://legis.suffolkcountyny.gov/resos2004/i 1338-04.htm 9/10/2009 Intro. Res. No. 1231-2007 Page 1 of 4 Intro. Res. No. 1231-2007 Laid on Table 3/6/2007 Introduced by Presiding Officer, on request of the County Executive and Legislator Cooper, Stern RESOLUTION NO. 28'1 -2007, APPROPRIATING FUNDS AND ESTABLISHING A PROGRAM FOR THE SUFFOLK COUNTY ENVIRONMENTAL LEGACY FUND (CP 873'1) WHEREAS, Suffolk County has achieved and earned national recognition for the acquisition and preservation of environmentally sensitive lands which protect our environment and preserve the unique character of Suffolk County; and WHEREAS, acquiring, preserving and protecting environmentally sensitive lands denominated as open space, farmlands, historic properties and active parklands is especially important in light of the competitive real estate market and decreasing availability of such lands; and WHEREAS, it is important that governments work together with each other and/or with private not-for-profit environmental land protection organizations in the acquisition and preservation of such properties; and WHEREAS, our financial resources must be used in a creative fashion to continue the programs which have benefited Suffolk County residents through leveraged funding by providing partnerships which maximize our ability to preserve and protect these environmentally sensitive lands; and WHEREAS, the Adopted 2007-2009 Capital Program provides that FIFTY MILLION and 00/100 DOLLARS ($50,000,000.00) be made available to be matched with other governmental entities and/or private, not-for-profit organizations which specialize in the acquisition of environmentally sensitive lands of the type contemplated for acquisition herein, with their funding to be at least equivalent or in excess of the County's funding of FIFTY MILLION and 00/00 DOLLARS ($50,000,000.00) which would be a total of at least ONE HUNDRED MILLION and 00/100 DOLLARS ($100,000,000.00) dedicated to protecting and preserving our open space, farmlands, parklands, and historic properties; and WHEREAS, the Suffolk County 2007-2009 Capital Program further provides for TWENTY MILLION and 00/100 DOLLARS ($20,000,000.00) thereof to be authorized in 2007, FIFTEEN MILLION and 00/100 DOLLARS ($15,000,000.00) thereof to be scheduled in 2008 and FIFTEEN MILLION and 00/100 DOLLARS ($15,000,000.00) thereof to be scheduled in 2009, all of which is subject to the aforesaid requirement that at least the equivalent amount be provided by the above noted non-County sources, which will enhance the County's overall funding in order to viably compete for the pumhase of such environmentally significant open space, farmlands, parklands and historic properties; and WHEREAS, it is necessary to appropriate the TWENTY MILLION and 00/100 DOLLARS ($20,000,000.00) from the 2007 Capital Budget for the Environmental Legacy Fund; and WHEREAS, Resolution No. 471-1994, as revised by Resolution No. 461-2006, established the use of a priority ranking system, implemented in the Adopted 2007 Capital Budget, as the basis for funding capital projects such as this project; now, therefore be it 1st RESOLVED, this Legislature, being the lead agency under SEQRA and Chapter 279 of the Suffolk County Code, hereby finds and determines that this resolution constitutes a Type I action, pursuant to 6 NYCRR §617.4(b)(4) and (10). This Legislature further finds and determines that implementation of this action will not have a significant impact on the environment for the following reasons: 1. The proposed action will not exceed any of the criteria in 6 NYCRR §617.7, which sets forth thresholds for determining significant effect on the environment, as demonstrated in the Environmental Assessment Form; and 2. SEQRA review shall be conducted on any proposed acquisition and its uses; however, in the event that SEQRA for a particular acquisition has been previously approved, or has otherwise been completed for said acquisition or use of said parcel, under another Suffolk County environmental acquisition program, then said prior SEQRA determination shall be used; and http://legis.suffolkcountyny.gov/resos2007/i 1231-07.htm 9/10/2009 Intro. Res. No. 1231-2007 Page 2 of 4 3. In accordance with Section 279-5(C)(4) of the Suffolk County Code, the Suffolk County Council on Environmental Quality is hereby directed to prepare and circulate appropriate notices or determinations in accordance with this Resolution; and be it further 2nd RESOLVED, that the Legislature hereby states its intention to finance the Environmental Legacy Fund properties described herein by the issuance of County bonds or notes; and be if further 3rd RESOLVED, that it is determined that this program, with a priority ranking of sixty-three (63), is eligible for approval in accordance with the provisions of Resolution No. 471-1994 as revised by Resolution No. 461-2006; and be it further 4th RESOLVED, that prior to the approval by this Legislature of any acquisition under this capital project, or adoption of any bond resolution authorizing the issuance of bonds to finance such acquisition, an environmental review of each acquisition shall be undertaken and completed in accordance with SEQRA; and be it further sth RESOLVED that the proceeds of said TWENTY MILLION and 00/100 DOLLARS ($20,000,000.00) in Suffolk County Serial Bonds be and are hereby appropriated as follows: Project No.: 8731 Project Title: Environmental Legacy Fund Proiect No. 525-CAP-8731.210 (Fund 001-Debt Service) Project Title Environmental Legacy Fund Amount $20,000,000.00 and be it further 6th RESOLVED, that the lands to be purchased with Environmental Legacy Funds shall be environmentally significant open space, farmlands, active parklands and historic properties; and be it further 7th RESOLVED, that said open space shall be the same type of property purchased pursuant to the traditional Open Space Preservation Program pursuant to Resolution No. 762-1986 et seq.; said farmland purchases shall be purchases of farmland development rights which shall be made pursuant to the Suffolk County Administrative Local Law Chapter 8, Development Rights to Agricultural Land; and said active parklands shall be acquired to be used for playgrounds, soccer fields, football fields, baseball fields, outdoor concerts, horseback riding or equine endeavors, and/or other community recreational needs, all subject to continued public access to such property; and be it further 8th RESOLVED, that the properties shall only be eligible for acquisition by the County of Suffolk upon receipt by the County Executive of a written binding pledge or commitment by the respective governmental entity and/or not-for-profit organization which specializes in the acquisition of environmentally sensitive lands of the type contemplated for acquisition herein, which represents that the property is eligible for acquisition under one of the above categories; authorizes acquisition of fee title, or a lesser interest therein, i.e., farmland development rights; appropriates funds for the acquisition in an amount of at least fifty percent (50%) of the total cost of acquisition, including but not limited to survey, appraisal, environmental audit, title insurance, tax adjustments and taxes prior to exemption; and be it further 9th RESOLVED, the Suffolk County Division of Real Property Acquisition and Management http://legis.suffolkcountyny.gov/resos2007/i 1231-07.htm 9/10/2009 Intro. Res. No. 1231-2007 Page 3 of 4 of the Department of Environment and Energy is authorized to negotiate and to acquire, on behalf of the County of Suffolk, the interest as noted above in the properties eligible for acquisition in this program; and be it further 10th RESOLVED, that up to, but no more than fifty percent (50%) of the funding for the acquisition of the total costs, as noted herein, are hereby authorized to be provided by the County of Suffolk, and the remaining amount of at least fifty percent (50%) of the funding of the total costs as noted herein shall be provided at the closing by the respective governmental enfity and/or not-for-profit organization which specializes in the acquisition of environmentally sensitive lands of the type contemplated for acquisition herein, including but not limited to survey, appraisal, environmental audit, title insurance, tax adjustments and taxes pdor to exemption; and be it further 11th RESOLVED, that the Commissioner of the Department of Environment and Energy and/or the Director of Real Property Acquisition and Management are hereby authorized to perform all acts, and negotiate and execute all documents in order to effectuate the terms of this resolution; and be it further 12th RESOLVED, that the County's acquisition shall be further subject to the terms and conditions as approved by the Suffolk County Attorney; and be it further 13th RESOLVED, that title shall be held by (a) The County of Suffolk; or (b) The County of Suffolk and the respective governmental entity and/or not-for-profit organization, each owning an undivided interest in proportion to its financial contribution, as tenants in common; or (c) Physically dividing the property up between the County of Suffolk and the respective governmental entity and/or with the not-for-profit organization, each owning all of the interest in its respective portion of the property, commensurate with its financial contribution in its respective portion of the property; and be it further ,~.th RESOLVED, that the County resolution authorizing the acquisition shall specify that jurisdiction of Suffolk County's interest in the respective type of property acquired shall be transferred to the Department of Parks, Recreation and Conservation, except that where farmland development rights are acquired, such jurisdiction shall be transferred to the Office of Farmland Acquisition and Management of the Department of Environment and Energy, in conjunction with the Department of Planning in accordance with the policies set forth above; and be it further 15th RESOLVED, that, if it is not contrary to any statute, the Suffolk County Charter, any local law, any regulation or other County policy, the County is hereby authorized to negotiate and enter into a municipal cooperation agreement with the respective governmental entity for the management of said County acquisition, and/or a management agreement with the not-for-profit organization which specializes in the acquisition of environmentally sensitive lands of the type contemplated for acquisition herein, the terms and conditions of which shall be approved by the Suffolk County Attorney in consultation with the respective Commissioner of the County Department charged with the management and operation of said property. DATED: March 20, 2007 http://legis.suffolkcountyny.gov/resos2007/i 1231-07.htm 9/10/2009 Intro. Res. No. 1231-2007 Page 4 of 4 APPROVED BY: Is~ Steve Levy County Executive of Suffolk County Date: March 22, 2007 http://legis.suffolkcountyny.gov/resos2007/i1231-07.htm 9/10/2009 Intro Page 1 of 3 Intro. Res. No. 1233-2008 Laid on Table 3/4/2008 Introduced by Presiding Officer, on request of the County Executive and Legislator Romaine RESOLUTION NO. 165 -2008~ AUTHORIZING ACQUISITION OF LAND UNDER THE SUFFOLK COUNTY ENVIRONMENTAL LEGACY FUND FOR OPEN SPACE PRESERVATION FOR THE NATURE CONSERVANCY~ INC. AS CONTRACT VENDEE OF THE BLOCKER PROPERTY - COREY CREEK - TOWN OF SOUTHOLD - (SCTf4 NO. 1000- 087.00-06.00-012.001) WHEREAS, the Suffolk County Environmental Legacy Fund was established by Resolution No. 281-2007, allocating fifty million dollars for the acquisition of: environmentally sensitive lands pursuant to the traditional Open Space Preservation Program, Resolution No. 762-1986 et seq.; farmland development rights pursuant to the Suffolk County Administrative Local Law Chapter 8, Development Rights to Agricultural Lands; active parklands including playgrounds, soccer fields, football fields, baseball fields, outdoor concerts, horseback riding or equine endeavors and/or other community recreational needs; or historic properties that exhibit historic and/or archeological significance, where there is a partner who will provide at least a 50% matching contribution to its acquisition; and WHEREAS, there are sufficient funds appropriated for Capital Project 525-CAP- 8731.211 to cover the cost of said request of acquiring the land under the Suffolk County Environmental Legacy Fund; and WHEREAS, Resolution No. 621-2004 authorized planning steps for acquisition of the subject property; and WHEREAS, the Town of Southold ("Town") has approved Resolution No. 2007- 934 on December 4, 2007, authorizing the acquisition of the subject property in partnership with the County of Suffolk; and WHEREAS, the Environmental Trust Review Board has reviewed the appraisals and the report of the Internal Appraisal Review Board and has approved the purchase price and authorized the Director of the Division of Real Property Acquisition and Management to negotiate the acquisition; and WHEREAS, on November 20, 2007, Suffolk County, as SEQRA Lead Agency, in Resolution No. 108-2007, issued a SEQRA negative declaration in connection with the proposed future acquisitions of properties for the preservation of open space for passive park purposes as set forth in Resolution No. 625-2004 - Mastic/Shirley Conservation Area Phase ! and Resolution Nos. 621-2004 and 877-2005 - Master Lists ! and !! Reports, respectively; and WHEREAS, the following property(s), as described in the Ist Resolved, is listed in Resolution No. 625-2004 - Mastic/Shirley Conservation Area Phase I and/or Resolution Nos. 621-2004 and/or 877-2005 - Master Lists I and/or !! Reports, respectively; now, therefore be it Ist RESOLVED, that the County of Suffolk hereby approves the acquisition of the subject property set forth below under the Suffolk County Environmental Legacy Fund pursuant to the traditional Suffolk County Open Space Preservation Program (1986 et seq.), for a total purchase price of Eight Million Dollars ($8,000,000.00), which cost is to be shared by the County of Suffolk and the Town, with the County of Suffolk's share, totaling Four Million Dollars ($4,000,000.00) for a fifty percent (50%) undivided interest; and the Town's share, http://legis.suffolkcountyny.gov/resos2008/i 1233-08.htm 9/10/2009 Intro Page 2 of 3 totaling Four Million Dollars ($4,000,000.00), for a fifty percent (50%) undivided interest, as tenants-in-common, subject to a final survey; and hereby authorizes additional expenses, which shall include but not be limited to the cost of surveys, appraisals, environmental audits, title reports and insurance, and tax adjustments: SUFFOLK COUNTY PARCEL: TAX HAP NUHBER: ACRES: No. 1 District 1000 45.0--+ Section 087.00 Block 06.00 Lot 012.001 REPUTED OWNER AND ADDRESS: The Nature Conservancy, Inc. as Contract Vendee P.O. Box 5125 East Hampton, NY 11937 and be it further 2nd RESOLVED, that the Director of the Division of Real Property Acquisition and Hanagement and/or his designee, is hereby authorized, empowered, and directed, pursuant to Section C42-2(C)(3)(d) of the SUFFOLK COUNTY CHARTER, to acquire the parcel (s) listed herein above from the reputed owner, the funding for which shall be provided under the Suffolk County Environmental Legacy Fund, for the County's portion of the purchase price of Four Hillion Dollars ($4,000,000.00), subject to a final survey; and be it further 3rd RESOLVED, that the County Comptroller and County Treasurer are hereby authorized to reserve and to pay $4,000,000.00, subject to a final survey, from previously appropriated funds in Capital Project 525-CAP-8731.211, Suffolk County Environmental Legacy Fund, for this acquisition; and be it further 4th RESOLVED, that the title to this acquisition shall be held by the County of Suffolk and the Town, as tenants-in-common, with the County of Suffolk owning a fifty percent (50%) undivided interest and the Town owning a fifty percent (50%) undivided interest; and be it further 5th RESOLVED, that the Director of the Division of Real Property Acquisition and Management and/or his designee; the County Planning Department; and the County Department of Public Works are hereby authorized, empowered, and directed to take such other actions and to pay such additional expenses as may be necessary and appropriate to consummate such acquisition, including, but not limited to, securing appraisals, title insurance and title reports, obtaining surveys, engineering reports, and environmental audits, making tax adjustments, and executing such other documents as are required to acquire such County interest in said lands; and be it further 6th RESOLVED, that the subject parcel(s) shall be transferred to the Department of Parks, Recreation and Conservation for passive recreational use; and be it further 7th RESOLVED, that the Director of the Division of Real Property Acquisition and Management is hereby authorized to negotiate and enter into any necessary collateral agreements with the Town to effectuate the terms of the resolution; and be it further 8th RESOLVED, that the acquisition of the subject property is contingent upon the following: a) adoption by the Suffolk County Legislature of a bond resolution for the Suffolk County Environmental Legacy Fund Program for the year 2008; b) publication of a notice relating to the bond resolution, pursuant to Section 81.00 of the Local Finance Law; and c) confirmation by the County that no action, suit or proceeding contesting the validity of the obligations authorized by the bond resolution referenced above has been commenced within twenty (20) days from the publication of such notice; and be it further http://legis.suffolkcountyny.gov/resos2008/i 1233-08.htm 9/10/2009 Intro Page 3 of 3 9th RESOLVED, if desired, the County of Suffolk, through its Department of Parks, Recreation and Conservation, is hereby authorized to negotiate and enter into a municipal cooperative agreement with the Town for the management of this acquisition, consistent with this program, and the terms and conditions thereof shall be approved by the Suffolk County Attorney in consultation with the respective Commissioner of the County Department of Parks, Recreation and Conservation, who is charged with the management and operation of said property; and be it further ~1.0th RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type II action pursuant to 6 NYCRR Sections 617.5(c)(20) and (27) of the New York Code of Rules and Regulations since such actions are simply legislative decisions administering and implementing the acquisition of property for passive park purposes which will mainly result in a beneficial impact and for which SEQRA determination of non-significance has already been issued in Suffolk County Resolution No. :~083-2007. DATED: March 18, 2008 APPROVED BY: _ )s/Steve Levy County Executive of Suffolk County Date: March 27, 2008 http://legis.suffolkcountyny.gov/resos2008/i 1233 -08.htm 9/10/2009 C L O S I N G S T A T E M E N T CLOSING STATEMENT THE NATURE CONSERVANCY, INC. ("Blocker" property) to COUNTY OF SUFFOLK AND TOWN OF SOUTHOLD Open Space Acquisition - 45.03 acres Premises: 1005 Takaposa Road, Southold SCTM #1000-87-6-12.1 Closing took place on Wednesday, June 11, 2008 at 10:30 a.m., Suffolk County Offices, H. Lee Dennison Building, Hauppauge, New York Purchase Price of $ 8,000,000.00* disbursed as follows: Payable to The Nature Conservancy County (5/tl08) $ 4,000,000.00 Payable to The Nature Conservancy Town (6111/08) $ 4,000,000.00 *Purchase price to be split 50%~50% between County of Suffolk and Town of Southold Expenses of Closing: Appraisals Valuation dated 2/18/04 Payable to Patrick A. Given, SRPA $ 2,900.00 Town (3~23~04) Valuation dated 8125106 Payable to Given Associates, LLC $ ??? County Valuation dated 9114/06 Payable to John S. Goess Realty Appraisal, Inc. $ ??? County Environmental Report Reimbursement Payable to The Nature Conservancy $ 1,320.00'* For services provided by Freudenthal & Elkowitz Consulting Group, Inc. County Town (6/17108) = $660.00 reimbursement to County Survey Reimbursement Payable to The Nature Conservancy $ 8,100.00'* For services of Land Design Associates Consulting Group County Town (8/17108) -- $4,050.00 reimbursement to County Survey Update Reimbursement Payable to The Nature Conservancy $ 3,349.00** For services of Land Design Associates Consulting Group County Town (6117/08) = $1,674.50 reimbursement to County 2007-2008 Real Property Tax Reimbursement Payable to The Nature Conservancy $ 17,637.75'** ($37,314.56/year - 173 days @ $101.95/diem) County Town (8/12/08) -- $8,t88.88 reimbursement to County Title Report Payable to Stewart Title Insurance Company $ 28,898.00'** County Town (8/t2/08) = $14,449.00 reimbursement to County Title Closer Attendance Fee Payable to Robin Curran Town (6/11/08) $ 100.00 *Purchase price to be split 50%~50% between County of Suffolk and Town of Southold **Expenses totaling $12,769.00 50%/50% split with County/Town Town (6/17/08) -- $6,384.50 ***Expenses totaling $23,267.88 split 50%/50% County/Town Town (8/t2/08) = $23,267.88 Those present at Closing: Randy Parsons Jonathan C. Kaledin Shauna De Santis Michael A. Amoroso, Esq. Peter Belyea Janet Longo Mary C. Wilson, Esq. Melissa Spiro Robin Curran The Nature Conservancy The Nature Conservancy Attorney, The Nature Conservancy Attorney for County of Suffolk County Land Acquisition Agent County Land Acquisition Agent Attorney for Town of Southold Land Preservation Coordinator Title Closer COUNTY OF SUFFOLK DIVISION OF REAL PROPERTY ACQUISITION AND MANAGEMENT PRESENT: FOR THE PURCHASER**: COUNTY OF SUFFOLK by: MICHAEL AMOROSO, Bureau Chief, SELLER: Real Properly Acquisition and Management/Condemnation LEGACY FUND CLOSING ADJUSTMENTS AND MEMORANDA .FOR THE SELLER: The Nature Conservancy, Inc., a District of O~Olumbia non-profit corporation PETER BELYEA, Div. ol Real Property Acquisition and Management ATTORNEY: Jonathan Kaledin, Esq. TITLE COMPANY: Stewad Title Insurance Company TITLE# ST-S-10216 CLOSING DATE: June 11,2008 PREMISES: Main Bavview Road, Southold TAX MAP #: 1000-087.00-06.00-012.001 Credit to Purchaser Credit to Seller Purchase Price $8,000,000.00 ACREAGE: Total 45.03 Acres Land Acquisition Costs Pro-rata real estate tax adjustment 2007/08 Real Estate Taxes $37,314.56 173 Days at $101.95 Total Credit to Seller Total Credit to Purchaser Balance Due Seller $8,000,000.00 $17,637.75' $8,017,637.75 DISBURSEMENTS BY PURCHASER BALANCE DUE SELLER PAID AS FOLLOWS Recording Deed Title Company Fee $4,000,000.00 The Nature Conservancy 'To be paid by separate voucher/check at a later date. "50/50 undivided inlerest with the Town of Southold. County contributing $4,000,000.00 (half) toward the purchase price. PB:Iag 4760 cc: J. Longo K. Slater L. Guerra GIVEN ASSOCIATES PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 March 10, 2004 Melissa Spiro, Land Preservation Coordinatior Town of Southold 53095 Main Road Southold, New York 11971 Re: Appraisal of Real Property Located SiS Main Bayview Road, Southold Town of Southold, Suffolk County, New York Tax Map #1000-87-6-12.1 File #2004012 16:03 518B692332 NATURE CONSERVANCY PAGE 84/85 ~CreudenlhaI & Elkowflz Oon~ulling Group, BILL, fO hlv0Jce TERMS RATE AI,~UNT ?000 ToT:al OutStanding Account '05/09/2008 i5:03 5180692332 0~jN,09'2008 [3:0~ ~i 3~? 4'/[5 LAND DESIGN A$SOCIATF~$ CONSULTING GROUP · 91 G~ Huotin~n, NY NATURE CONSERVANCY PAGE 82/05 h voice Invoice # 05-4052 Bill To Mr. Randy Parsons 'rh~ Nature Comcrvancy '.0. Box 5125 NY 11937 Description For professional ~..r~ccs r~de~t and Pursuit to proposal dated 1 1.20.07, for p~j~ct known as Block~' properS, SOUthotd, NY. Lump Sum Fee ......... ~vety 30 days a 2% tin,met charge wtU be added to your balance. Phone # AJ~Oun: .~,100.00 Total pay~en{slCredlts S0,00 Balance Due ! 0610912008 16:03 §1886~2332 NATURE CONSERVANOY NATURE ¢0N~ERV~NCY PAGE 83185 LAND DESIGN ASSOCIATES CONSL~TING GROUP 91 Green ,qireet Huntington, NY 117,43 I: 1voice Bill To Mr. P,~dy Tlic Natar~ P.O, Box E~ H~ ~ 11937 Description For I:~O fcssional services read,red and Pui-suallt to Proposal dated I 1.20.07, for project known aa B16cker Properly, $outhhold NY. Billing Cycle: tiXTRA - Malt 1st - luna ls% 2008. Preparation of additional ,~rvey effort rcquestc'd, coordination and cor~ltations, iign~l and stai~d drawings. Principal CAD Admiui~ator Su~.cyor: l:ield - I day ~ $1,3~0/dalt EXPENSES: Printing - 4 copies ~ $3,50 each balance, 1,0~0,00 550,00 14,00 TGtal ~3,349,00 Payrt, t~nts/( ;~dRs $0.00 Balance Due Phone # t Fax # 631-5494744 631-385-3385 Fax Note 7671 stewarl ' title insurance company 125 Baylis Road. Suite 201 Melville, NY 11747 631-50%9615 fax 63%50%9624 755 E~st t~in Street J'ITLE NO.: ST-S-10216A APPLICANT: Counly of.% flolk - Department of Lass PREMISES: Main BaDicYs Road, Dislricl: HI(Id Section: 087.00 PL'RCHASERtBORRO~', ER: Count)' of Suffidk and Ti,un of $outhold ES TIMA TED INVOICF DATE May22,2008 Block: 06.00 I ,nc: ill 2.11111 R~e fcrcncc: Fee Insurance Sg. O00.O00 O0 ~e Insurance Misc. D~rtmenlal Searches {TotalS_ Bankru_F, Icies - 3-Day Rescission UCC-1 Scaxch CounB'.'State Survey Locate'lns~pecL'Serx ice Chance Endorsements (see schedule} Endorsement Tola}: Market Value Rider RECORDING FEE(sk Deed{sk ~e(s): A~t(s): Boundar3 LineAbmnI II) Olher: Other: NYS Transfer Tax (usual~2]~aid bx seller} P--~coni~ Bay T~'~' -- ~ Tax - I M~ Check Exchan e~5 00) Other E x chan..,e.~ ESCROW. To Hold - To Pa_z_v Escrow Service Ch~jy.~ ($50.00) TOTAL: Subject to chnnge/verificntion al closing roLE c osE._ (ZI RECEIPTS_ DIRECT CHECKS: $28.898 00 { /i TBA i ENDORSEM E~.~ A) B) Wai~ e~ (4'~ 1 ) C) VRE i420) - D) Residential (4' $200.00~ E x em_~j~. Exem lpg. ~' ~2500 -- FIAha9(401). (406). * G) Market \'al~ AMOI !NT: Ste,~ - f The recording/filing fees referenced on this inxoice include, art T~tles fees for processing Iht subject recordingstfilin gs SOCIAL SECURITY NUMBERS: (MANDATORY): BUYER(s): fi] lC CHECKS: ~ DEPARTMENTALFete ,~. ~ ~L~)_ 13:43 67~185219c. 9 'IRES_CANCELLATION PAGE Office of thc Treasurer of Suffolk Count' Aagi¢ M. Carp,,nter, Tm assurer Official St:~tenaent of Taxes in Arrears Make check payabte end rnell to: Suffolk County Treasurer Rlverhead, NY 11501-331 1 Return this entire statement with your retr~ittance SC DEPT OF KEA L ESTAT :. H tEE DENN]SON BLDC, ~ND ~t 100 XrE]~ MEM EWY - PO BOX 6100 t~ ITN: PETER B£LYEA 'H AUPPAU.GE, NS' 11788 Amount Rendrted [ gull o~ Partlel IApply to ~ vear{a}~j O~;cc HourS: Momtay - Fr~d,qy a:00 a n - 5:00 pm Phone: (631)852-3000 Fax: (631) 1~52-3825 I PORT ROYALE DR,UNIT 150 3200 N PORT ROYALE OF[ UNIT 1 S0 llf not rer~i':~mg the totalamoJnt dte please indicate which Tax Year you are paying This Off ce recommends the . oldesl yea~ be'paid first. Acce)tance o' a partial pay, meat shall not waive enforcement of ~ounty Tax Sale Liens Tax Dee~b; or ar?' powers of the County of 3uffolk. role R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~l~e of Instrument: DEED ~,--~er of Pages: 9 Receipt N~er : 08-0057780 TRANSFER TAX NUMBER: 07-29531 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 087.00 06.00 EXAMINED A~D CHARGED AS FOLLOWS $8,000,000.00 Received the Following Fees For Above Instrument Exempt Page/Filing $0.00 YES Handling COE $0.00 YES NYS SRCHG E~-CTY $0.00 YES EA-STATE TP-584 $0.00 YES Notation Cert.Co~ies $0.00 ~ES RPT Transfer tax $0.00 YES Comm. Pres Fees Paid TRANSFER TAX NUMBER: 07-29531 THIS PA~E IS A PART OF THE INSTRUMENT THIS IS NOT A HILL Judith A. Pasoale County Clerk, Suffolk County 06/17/2008 11:53:48 AM D00012554 842 Lot: 012.001 Exempt $0.00 YES $0.00 YES $0.00 ~ES $0.00 ~ES $0.00 YES .$0.00 ~ES $o.oo Number of pag~ ~ This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage lmtmrnent Page I Filing Fee H~/ndling 5. 00. TP-Sg4 Not,tiaa EA-52 17 (County) EA-5217 (State) R.ET.$.A. · Comm. of Ed. e 15. 00 Other Mo~gnge Tex Stamp FEES Sub Total ~L [ Re~[ Pmpe~/Tax Sen'ice Agmcy V~fication 1000 08700 0600 012001 6 Satlsfnc On~ schar~el'~st ~ay Owners Mailing ~CO~ & ~TU~ TO: Suffolk County air. of Real Prop~ay Acquisition Ang Manaonment H, Lee Dennison Bldg. - 2~ Flor 100 Veterans Memo~al H~. P.O. Box 6100 Hauppauge. NY 11788 RECORDED 200~ Jun 17 Jodit~ fl. Pascale SUFFOLK COU~ITV L DO00125,~ P 042 DT# 07-295~1 Recording / ~llng $1amps Mortgage Amc 1. Basic Tax 2. Addldomfl Tax Sub To~l Spec./A$$it. or Spec./Add. TOT. MTG. TAX Dual Tov, m Dual County -- Held for Appointment Transfer Tax ,(_~,y ~/'~------.,~ M. ansion Tax The properly covered by this mortgag~ or will be improved by a one or t, family dwelling only. YF3 or NO ,l'~ NO. see appropriate tax clause on page # o~: this instrumcnt. Community Preserv~Uon Fun ,Consideration Amount $ CPF Tax Due $ . Improved Vacant Land TI) 8 Mail to: Juc~ith A."P;scale, Suffolk County Clerk ? ] Title Company Information 310 Center Drive, Riverhead, NY 11901 IC:o. Name .~TZ~wr www. suffolkcountyny, gov/cierk [ Title # ~,~T- Suffolk County Recording & Endorsement Page This page forms ~ of thc. attached ~/5~.e r/qn'C}/ (SPECIFY TYPE OF INSTRUMENT) made Thc pr~ndsc$ herein is situated in '." SUFFOLK COUNTY, NEW YORK. TO In thc: TOWN of , ~4d~ta//')t O/~ ~.~O&~ g ~ dF ~ In tim VILLAGE DISTRICT 1000 SECTION 087.00 BLOCK 06.00 LOT 012.001 BAEGAIN AND ~ D~D ~TH COVENA~E THIE INDE~-~-uaE, made the llL~day of June, 2008 BETWEEN THE NATURE CONSERVANCY, INC., a District of Columbia non-profit corporation, with a principal address at 4245 North Fairfax Drive, Arlington, Virginia 22203, and r~intaining a New York office at 195 New Karner Road, Suite 200, Albany, New York 12205,hereinafter referred to as the party of the first part, AND the COUNTY OF SUFFOLK, a municipal corporation of the State of New York. having its principal offices at the Suffolk County Center, Center Drive, Kiverhead, New York, which will acquire a fifty percent (50%) undivided interest in and to the parcels(s), and the TOWN OF SOUTHOLD, a municipal corporation, with principal offices at Southold Town Hall, 53095 Main Road, Southold, New York 11971. which will acquire the remaining fifty percent (50%) undivided interest in and to the parcel(s), as tenants-in-common, hereinafter referred to individually or as the party of the second part, WITNEESETH, that the party of the first part, in consideration of EIGHT MILLION and 00/100 DOLLARS ($8,000,000.00) 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 piece or parcel of land, situated in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described as follows: (see description annexed hereto and made a part hereof): THIS DEED is given in accordance with the Suffolk County Environmental Legacy Fund for Open Space Preservation pursuant to Resolution No. 281-~007, Resolution No. 762-1986 et seq., Resolution No. 621-2004 and Resolution No. 165-2008, of the Suffolk County Legislature, and all on file with the Clerk of the Suffolk County Legislature. BEING AND INTENDED to be the same premises conveyed to party of the first part by deed from James V. Fallen, Jr. and Rosemarie Kelly, as Trustees of The Julius G. Blocker Revocable Trust, dated May 16, 2008 and recorded in the office of the Suffolk County Clerk on May 28, 2008 in Liber 12552 at page 528; TOGETHER with all right,.title and interest, if any, of the party of the first part 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 first part has not done or suffered anything %~'hareby thc said premises have been encumbered in any way whatever, except as aforesaid. THIS CONVEYANCE is made in the regular course of business actually conducted by the party of the first part and upon the consent of all its stockholders. 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 will hold the right to receive such cohsideration 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 using any part of the total of the same for any other purpose. AS SET FORTH ~n Chapter 17 (Core,unity Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, OPEN SPACE acquired by the Town pursuant to the provisions of said chapters shall not be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition.submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of fee title acquired by the Town prior to any such amendment. This covenant shall run the land in perpetuity. T~EWORD "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: THE NATURE CONSERVANCY, INC., a District of Columbia non-profit corporation STATE OF NEWYORK) COn OF SOFFOLK) On this 11 day of June in the year 2008, before me, the undersigned, personally appeared JONATHAN KALEDI~, 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 he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public: State of New York ~ob~n Curran Notap] Public. State o! New york No. 01CU4886786 Qua ified in Su{~k Cou ~ni~ ~ Commission Expires Feb. 7, ~u_~L- BAR~AINAND S~J~E DEED WITH COVENANT AGAINST GRANTOR'S ACT TITLE NO. ST-S10216 THE NATURE CONSERVANCY. INC~, A District of Columbia non-profit Corporation TO COUNTY OF SUFFOLK and the TOWN OF SOUTHOLD, as tenants in common DISTRICT 1000 SECTION 087.00 BLOCK 06.00 LOT 012.001 COUNTy OF SUFFOLK RECORD & RETURN TO: PETER BELYEA Dept. of Environment and Ener~ Div. of Real Prop. Acq. & Mgmt. H. Lee Dennison Bldg., 2~ Floor P.O. Box 6100 Hauppauge, New York 11788 Stewart Title Insurance Company Title No: ST-S-10216A Schedule A Description AMENDED 5/I~l/08 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and ~tate of New York, bounded and described as follows: BEGINNING at a point on the Maln Bay View Road which is the point of intersection of the Easterly side ora private road (which road leads Southerly from said Main Bay View Road over lands now or formerly of Richard L. Hammel) with the Southerly side of said Main Bay View Road and which is the Northwesterly comer of the land hereinafter described; RUNNING THENCE along thc Southerly side of Main Bay View Road, the following comtes and distances: ~ 1. South 49 degrees 05 minutes 30 seconds East 91,47 feet; 2. South 16 degrees 59 minutes I0 seconds East 389.09 feet; 3. South 52 degrees 59 minutes 30 seconds East 115.42 feet to thc~Westerly side of a twenty-five foot right of way as shown on "Map of Bay Haven at Southold" filed in the Office of the Clerk of the County of Suffolk on 1/22/1959 as Map No. 2910; THENCE South 38 degrees 42 minutes 40 seconds West along thc Westerly side of said last. mentioned right of way 1899.63 feet to land now or formerly of Mayer; THENCE along said last mentioned land the following two courses and distances: 1. North 51 degrees 17 minutes 20 seconds West 87.50 feet; 2. South 38 de~ 42 minutes 40 seconds West 91.81 feet to the ordinary high water mark of Little Peconie Bay: THENCE along the ordinary high water mark of Little Peconic Bay the following tie linc course and distance: 1. North $1 degrees I $ minutes 10 seconds West I01.24 feet; THENCE North 69 degrees 23 minutes 36 seconds West :220.37 feet; THENCE North 73 degrees 20 minutes 02 se~nds West 252.33 feet; THENCE North 37 degrees 58 minutes 50 seconds East 73.71 feet; THENCE along land now or formerly of McNamara; THENCE North 63 degrees 21 minutes 10 seconds West :215.00 feet; THENCE South 2(~ degrees 38 minutes 50 seconds West 102.76 feet to thc ordinary high water mark of Little Peconic Bay; THENCE along tho ordinary h~gh water mark of Little Peeonic Bay thc following two courses and distances: 1) North 51 degrees 49 minutes 31 seconds West 44.37 feet; 2) North 74 degree 56 minutes 13 seconds West 57.70 feet to thc land now or formerly of Zang; THENCE along said last mvntiot~cd land thc following three coupes and distances: 1. North 26 degrees 38 minutes 50 seconds East 105.48 feet; 2. North 63 degrees 21 minutes 10 seconds West 100 feet; 3. South 26 degrees 38 minutes 50 seconds West 114.10 feet to the ordinary high water mark of Little Peconic Bay; THENCE along the ordinmb, high water mark of Little Peconic Bay the following tie line coursc and distance: North 75 degrees 40 minutes 06 seconds West 225.23 feet to a jetty; THENCE Westerly, Northerly and Easterly along thc high water mark of LiO. le Peconic Bay the following 10 courses and distances: 1) North 22 degrees 18 minutes 33 seeonds West 63.95 feet; 2) North 44 degrees 41 minutes 18 seconds West 139.43 feet; 3) North 70 degrees 08 minutes 24 seconds West 387.42 feet; 4) North 68 degrees 56 minutes 11 ~econds West 262.23 feet; 5) North 51 degrees 18 minutes 31 seconds West 171.76 feet.; 6) North 55 degrees 25 minutes 53 seconds West 182.22 feet; 7) North 41 degrees 16 minutes 51 seconds West 153.46 feet; 8) North 56 degrees 40 minutes 18 seconds West 175.52 feet; 9) NoFd143 degrees 33 minutes 31 seconds West 92.73 feet; ' 10) North 04 degrees 11 minutes 08 seconds East 100.20 to thc South side of Corey Creek; THENCE along thc mcan high water mark of Corey Crock thc following tic linc courses and distances: 1. South 61 degrees 36 minutes 26 seconds East 214.90 feb-t4 2. South 31 degrees 56 minutes 49 seconds East 52.09 fect~ THENCE South 59'degrees 00 minutes 48 seconds East 146.17 feetl THENCE South 47 degrees 38 minutes 40 seconds East 132.30 feet; TItENCE South. 65 degrees 38 minutes 02 seconds East 270.64 ?eot; THENCE North 82 degrees 17 minutes 01 seconds East 172.37 feet; THENCE South 70'degrees 58 minutes 30 seconds East 160.53 feet; THENCE South 58 degrees 54 minutes 50 scconda East 121.44 feet; THENCE South 44 degrees 04 minutes 00 seconds East 101.75 feet; TIIENCE South 64 degrees 00 minutes 26 seconds East 80.37 feet; THENCE South 78 degrees 28 minutes 41 seconds East 172.64 feet; THENCE South 88 degrees 30 minutes 46 seconds East 167.42 feet to lands now br formerly Kelly; THENICE Soutl3.. 02 degrees 39 minutes 40 seconds East 110.58 feet more or less along lands now or formerly Kelly; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE of BEGINN~G. THENCE North 87 degrees 20 minutes 20 seconds East 100.00 feet; THENCE North 02 degrees 39 minutes 40 seconds West 106.95 fect more or less to the high water mark of Corey Creek; THENCE North 75 degrees 04 minutes 55 seconds East 51.51 feet; THENCE Sot[th 89 degrees 28 minutes 20 seconds East 49.74 fcet to lands now or formerly Harford Living Trust; South 02 degrees 39 minutes 40 seconds East 92.12 feet; North 87 degrees 20 minutcs 20 scconds East I00.00 feet; North 02 degrees 39 minutes 40 seconds West 75.68 feet; North 83 degrees 03 minutes 36 seconds East 119.63 fcet; North 74 degrees 05 minutes 40 seconds East 133,56 fect; Nortl~ 52 degrees 37 minutes 13 seconds East 212.93 feet; North 60 degrees 35 minutes 41 seconds Bast 106.65 feet; North 47 degrees 03 minutc~ 08 seconds East 40.71 feet; North 64 degrees 3 ] minutes 49 seconds East 183.24 feet; North 38 dcgrees 45 minutes 35 seconds East 159.91 fcet; North 60 degrees 37 minutes 06 seconds East 81.41 feet; North 32 degrees 27 minutes 00 seconds East 32,20 feet; North 05 degrees 35 minutes 56 seconds West 69.55 feet; North 46 degrccs 08 minutes 50 scconds East 973.70 feet to the point or place Together with the benefits and subject to the burdens of a certain right ofway as recited in an agrccmcnt bctw¢cil Mary L. Dayton and Howard A. Tocdtcr, Inc., and Benedict Manasck and Mary Manasck, his wife, dated 10/6/49 recorded 10/13/49 in Libor 3004 Page 580, as well as all right title and interest of the grantor to the private road located Westerly of said right of way as created by Georgette Campbell in Libor 3086 Page 410. Policy insures tha! there arc no licns or mainte~ance charges created by the agreement recorded in Libor 3004 Page 580. :OR DEED PURPOSES ONLY-NOT TO BE INCLUDED AS PART OF SCHEDULE A HEREIN: Together with all fight, title and interest, if any, to the lands adj~w~nt to the promises h~xin above described lying below the wators of Lfltle Peconic Bay, Corey Croak and Hog Neck Bay.. TOGETHER with all right, title and interest of thc party of the first part, in and to the land lying in the street in front of and adjoining said p~;u,ises. T I T L E P 0 L I C Y ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured be reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i} forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii)a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessar,/to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding, (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No dght of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enfomement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enfomement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records, 8~ Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Co untersigal~ ~ Serial No. O'8901 052028 File No,: ~ ALTA OWNER'S POLICY (6/17/06) SCHEDULE A File No.: ST-S-10216A Amount of Insurance: $8,000,000.00 Date of Policy: June 11, 2008 1. Policy No.: O-8901-52028 Premium: $28,898.00 Name of Insured: County of Suffolk and Town of Southold The estate or interest iwthe land described herein and which is covered by this policy is: Fee Title is vested in: County of Suffolk and Town of Southold, who acquired title by virtue of a deed from The Nature Conservancy, Inc., byI deed dated June 11, 2008 and to be recorded in the Suffolk County Clerk's Office. FOR INFORMATION ONLY: The Nature Conservancy, Inc., who acquired title by virtue of a deed from James V. Fallon, Jr. and Rosemarie Kelly, as Trustees of The Julius G. Blocker Revocable Trust, by deed dated May 16, 2008 and recorded May 28, 2008 in Liber 12552 at Page 528 in the Suffolk County Clerk's Office. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. Stewart Title Insurance Company Title No: ST-S-10216A Schedule A Description AMENDED 5/12/08 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Ma'm Bay View Road which is the point of intersection of the Easterly side ora private road (which road leads Southerly fi'om said Main Bay View Road over lands now or formerly of Richard L. Hammel) with the Southerly side of said Main Bay View Road and which is the Northwesterly comer of the land hereinafter described; RUNNING THENCE along the Southerly side of Main Bay View Road, the following three courses and distances: 1. South 49 degrees 05 minutes 30 seconds East 91.47 feet; 2. South 16 degrees 59 minutes 10 seconds East 389.09 feet; 3. South 52 degrees 59 minutes 30 seconds East 115.42 feet to the Westerly side ora twenty-five foot fight of way as shown on "Map of Bay Haven at Southold" filed in the Office of the Clerk of the County of Suffolk on 1/22/1959 as Map No. 2910; THENCE South 38 degrees 42 minutes 40 seconds West along the Westerly side of said last mentioned fight of way 1899.63 feet to land now or formerly of Mayer; THENCE along said last mentioned land the following two courses and distances: 1. North 51 degrees 17 m'mutes 20 seconds West 87.50 feet; 2. South 38 degrees 42 minutes 40 seconds West 91.81 feet to the ordinary high water mark of Little Peconic Bay: THENCE along the ordinary high water mark of Little Peconic Bay the following fie line course and distance: 1. North 51 degrees 15 minutes 10 seconds West 101.24 feet; THENCE North 69 degrees 23 minutes 36 seconds West 220.37 feet; THENCE North 73 degrees 20 minutes 02 seconds West 252.33 feet; THENCE North 37 degrees 58 minutes 50 seconds East 73.71 feet; THENCE along land now or formerly of McNamara; THENCE North 63 degrees 21 minutes 10 seconds West 215.00 feet; THENCE South 26 degrees 38 minutes 50 seconds West 102.76 feet to the ordinary high water mark of Little Peconic Bay; THENCE along the ordinary high water mark of Little Peconic Bay the following two courses and distances: 1) North 51 degrees 49 minutes 31 seconds West 44.37 feet; 2) North 74 degree 56 minutes 13 seconds West 57.70 feet to the land now or formerly of Zang; THENCE along said last mentioned land the following three courses and distances: 1. North 26 degrees 38 minutes 50 seconds East 105.48 feet; 2. North 63 degrees 21 minutes 10 seconds West 100 feet; 3. South 26 degrees 38 minutes 50 seconds West 114.10 feet to the ordinary high water mark of Little Peconic Bay; THENCE along the ordinary high water mark of Little Peconic Bay the following tie line course and distance: North 75 degrees 40 minutes 06 seconds West 225.23 feet to a jetty; THENCE Westerly, Northerly and Easterly along the high water mark of Little Peconic Bay the following 10 courses and distances: 1) North 22 degrees 18 minutes 33 seconds West 63.95 feet; 2) North 44 degrees 41 minutes 18 seconds West 139.43 feet; 3) North 70 degrees 08 minutes 24 seconds West 387.42 feet; 4) North 68 degrees 56 minutes 11 seconds West 262.23 feet; 5) North 51 degrees 18 minutes 31 seconds West 171.76 feet; 6) North 55 degrees 25 minutes 53 seconds West 182.22 feet; 7) North 41 degrees I6 minutes 51 seconds West 153.46 feet; 8) North 56 degrees 40 minutes 18 seconds West 175.52 feet; 9) North 43 degrees 33 minutes 31 seconds West 92.73 feet; I 0) North 04 degrees 11 minutes 08 seconds East 100.20 to the South side of Corey Creek; THENCE along the mean high water mark of Corey Creek the following tie line courses and distances: 1. South 61 degrees 36 minutes 26 seconds East 214.90 feet; 2. South 31 degrees 56 minutes 49 seconds East 52.09 feet; THENCE South 59 degrees 00 minutes 48 seconds East 146.17 feet; THENCE South 47 degrees 38 minutes 40 seconds East 132.30 feet; THENCE South 65 degrees 38 minutes 02 seconds East 270.64 feet; THENCE North 82 degrees 17 minutes 01 seconds East 172.37 feet; THENCE South 70 degrees 58 minutes 30 seconds East 160.53 feet; THENCE South 58 degrees 54 minutes 50 seconds East 121.44 feet; THENCE South 44 degrees 04 minutes 00 seconds East 101.75 feet; THENCE South 64 degrees 00 minutes 26 seconds East 80.37 feet; THENCE South 78 degrees 28 minutes 41 seconds East 172.64 feet; THENCE South 88 degrees 30 minutes 46 seconds East 167.42 feet to lands now or formerly Kelly; THENCE South 02 degrees 39 minutes 40 seconds East 110.58 feet more or less along lands now or formerly Kelly; THENCE North 87 degrees 20 minutes 20 seconds East 100.00 feet; THENCE North 02 degrees 39 minutes 40 seconds West 106.95 feet more or less to the high water mark of Corey Creek; THENCE North 75 degrees 04 minutes 55 seconds East 51.51 feet; THENCE South 89 degrees 28 minutes 20 seconds East 49.74 feet to lands now or formerly Harford Living Trust; THENCE South 02 degrees 39 minutes 40 seconds East 92.12 feet; THENCE North 87 degrees 20 minutes 20 seconds East 100.00 feet; THENCE North 02 degrees 39 minutes 40 seconds West 75.68 feet; THENCE North 83 degrees 03 minutes 36 seconds East 119.63 feet; THENCE North 74 degrees 05 minutes 40 seconds East 133.56 feet; THENCE North 52 degrees 37 minutes 13 seconds East 212.93 feet; THENCE North 60 degrees 35 minutes 41 seconds East 106.65 feet; THENCE North 47 degrees 03 minutes 08 seconds East 40.71 feet; THENCE North 64 degrees 31 minutes 49 seconds East 183.24 feet; THENCE North 38 degrees 45 minutes 35 seconds East 159.91 feet; THENCE North 60 degrees 37 minutes 06 seconds East 81.41 feet; THENCE North 32 degrees 27 minutes 00 seconds East 32.20 feet; THENCE North 05 degrees 35 minutes 56 seconds West 69.55 feet; THENCE North 46 degrees 08 minutes 50 seconds East 973.70 feet to the point or place of BEGINNING. Together with the benefits and subject to the burdens of a certain right of way as recited in an agreement between Mary L. Dayton and Howard A. Toedter, Inc., and Benedict Manasek and Mary Manasek, his wife, dated 10/6/49 recorded 10/13/49 in Liber 3004 Page 580, as well as all right title and interest of the grantor to the private road located Westerly of said right of way as created by Georgette Campbell in Liber 3086 Page 410. Policy insures that there are no liens or maintenance charges created by the agreement recorded in Liber 3004 Page 580. ?OR DEED PURPOSES ONLY-NOT TO BE INCLUDED AS PART OF SCHEDULE A HEREIN: Together with all right, title and interest, if any, to the lands adjacent to the premises herein above described lying below the waters of Little Pecordc Bay, Corey Creek and Hog Neck Bay.. 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 adjoirfing said premises. SCHEDULE B PART ! File No,: ST-S-10216A Policy No.: O-8901-52028 This policy does not insm'e against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Right of Way set forth in Common Roadway Agreement in Liber 3004 Page 580 and Liber 3086 Page 410. Water Easement as scl forth in Liber 12147 at Page 576. Lighting Agreement in Liber 3091 Page 132. Survey by Land Design Associates dated Januau~ 22, 2008. last updated May 5, 2008, shows premises improved by remains of a block foundation, water valves, water meters located, tidal wetlands located and high water mark l,'17/01 located per Suffolk Environmental Consulting. Inc, variations between record description and tie lines for high waler mark as sho,,m~ on survey, .variation bebveen record descript on and survey as to lands formerly Kelly, now or formerly Kouzios, utility poles ,'md wires located, edge o1' pavement of Main Bayview Road varies with record Northeast line, edge of lawn of Lot 1 Map of Bay Haven. Map No. 2910 encroaches onto subject premieres an. unspecified distance; wood fence posts from Iots 2. 3, 4, 5 encroach onto subject premises up to 1.76 feet Northeast of subject Southeast line: edge of lawn and fencing from Lot 6 Map of Bay Haven, Map No. 2910 encroaches onto subject premises: water spigot and concrete blocks from now or formerly Pospcsil encroaches onto sul~iect prom scs up to 2.54 feet wood arbor from Lot 7 Map of Bay Haven, Map No. 2910 encroaches onto subject premises up to 2.69 feet; lawn from Lot 8 Map of Bay Haven Estates encroaches onto subject premises, edge of lawn from Lots 10. I l, lands no,,',' or former y Soper. now or formerly Mtles. and part of Wateredge Way encroaches onto subject premises, edge of lawn lands now or formerly McNamara varies with common line, edge of law' lands now or formerly Panella encroaches onto subject premises, driveways of land now or fom~erly Panzella, land nov.' or fom~erly Zang. now or formerbr Kouzios encroach onto 50 foot right of way. Note No. 1: Deed in monuments to the Westerly side ora right ofway shown on Map of Bay Haven, Map No. 2910 not located on survey. Policy excepts rights of others over lawn encroachments as to the following Lots as sho,.xm on Survey by Land Design Assoc arcs dated January 22.2008, I~t updated May 5, 2008: Lots along Gin Lane: Lot 2 (iff Conroy) and Lot adjacent to Takaposa Road: Lot 7 (Jonathan Zankz). Policy excepts rights of others over fights of way, driveways and roads as shoxwn on Survey by [.and Desi_~n Associates dated JanumT 22, 2008. last updated May 5: 2008. Policy excepts variations between description of vestiog deed in Liber 12245 Page 727, Suffolk Count3' tax map and property as shown on Survey by Land Design Associates dated January 22, 2008 last updated May 5. 2008. ,M I',tx OWNER'S POLICY {6/1 8. RIPAPd'AN EXCEPTIONS: A) No title is insured to any land now or formerly under the waters of Corey Creek, Little Peconic Bay and Hog Neck Bay. B) Subject to the rights of others to navigate the waters of Corey Creek, Little Peconie Bay and Hog Neck Bay. C) Subject to the riparian rights of others to Corey Creek. Little Pcconic Bay and Hog Neck Bay. D) Riparim~ rights of the owner of thc subject premises are not insured. E) Riglnts of the governmental authorities to improve navigation anti change bulkhead and shorelines without compensation to upland owners. 9. Subiect to any restrictions under thc Tida! Wetlands ActfFreshwater Wetlands Act. Iritle No.: ST-S-10216A · TTACHED TO AND MADE A I'ART OF POLICY NUMBER STEWART TITLE INSURANCE COMPANY HEREiN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Date of Issue: June 11, 2008 O-8901-52028 1. Covered Risk Number 2(c) is deleted. 2. The following is added as a Covered Risk: "l 1. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." Exclusion Number 5 is deleted, and the following is substituted: Any lien on the Title for/'eal estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. Ol'h' d ' ' ' ~s en orsement ~s ~ssuea as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of :he policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent ~ provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement :ontrols. Otherwise, this endorsement is subject to all of the temps and provisions of the policy and of any prior endorsements. gigned on: Stewart Title Insurance Company gigned by: ~uthorized Office or Agent Stewart Title 125 Baylis Road, Suite 201 Melville, New York 11747 STEWART TITLE IN~URANUE COMPANy STANDARD NEW YORK ENDORSEMENT (5/1/07) 'FOR USE WITH ALTA OWNER'S POLICY (6-17-06) P R O P E R T Y R E C O R D S THE NATURE CONSERVANCY, INC. ("BLOCKER" Property) to COUNTY OF SUFFOLK and TOWN OF SOUTHOLD SCTM #1000-87-6-12.1 Location: 1005 Takaposa Road, Southold 45.025 acres - open space acquisition Closing held on June 11, 2008 Suffolk County Office, Hauppauge, NY (From left to right) Melissa Spiro, Town of Southold Jonathan Kaledin, The Nature Conservancy Randy Parsons, The Nature Conservancy Janet Longo, County of Suffolk MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us 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 MAILING ADDRESS: P.O. Box 1179 Sonthold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Town Comptroller The Nature Conservancy Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Planning Board Trustees Director of Public Works Peconic Land Trust, Inc. From: Melissa Spiro, Land Preservation Coordinator Date: June 19, 2008 Re: THE NATURE CONSERVANCY, INC. to COUNTY OF SUFFOLK & TOWN OF SOUTHOLD Open Space Acquisition - 45.03 acres ("Blocker" property) Please be advised that the Town & County has acquired the open space property listed below. If you would like any additional information regarding this purchase, please feel free to contact me. SCTM #: 1000-87.-6-12.1 LOCATION: 1005 Takaposa Road, Southold OPEN SPACE ACREAGE: Total Acreage - 45.03 acres PROPERTY OWNER: PURCHASE DATE: The Nature Conservancy, Inc. (f/k/a "Blocker" property) Closin9 took place June 11,2008 PURCHASE PRICE: FUNDING: $ 8,000,000 per contract (County = $4,000,000 / Town = $4,000,000) 50%/50% partnership between County of Suffolk and Town of Southold for acquisition and closing costs. County funding - Legacy Fund; Town funding - CPF 2% Land Bank. MISCELLANEOUS: This parcel is on the Town's Community Preservation Project Plan list. It is located in an environmentally sensitive area that contains some wetland areas The property also includes approximately 2480+ feet of waterfront along Hog Neck Bay and 3200+ along Corey Creek. THE NATURE CONSERVANCY TO COUNTY OF SUFFOLK AND TOWN OF SOUTHOLD Sctm#1000-87-6-12.1 The Town of Southold, with the County of Suffolk, is acquiring fee title to a 45.03 acre parcel of land with frontage on Hog Neck Bay and Corey Creek, Southold for open space and passive recreational purposes. The Town of Southold shall undertake the maintenance, repair and management of the private road named Takaposa Road running within a certain right of way southerly from Main Bayview Road at the Town's sole cost and expense. The Town of Southold will hold harmless and indemnify the County of Suffolk against any claims, of any nature, arising from its negligence in the performance of the aforementioned maintenance, repair and management of Takaposa Road. Dated: June II, 2008 Town of Southold By co A Russell Supervisor MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD June 13, 2008 George R. Sullivan, Receiver of Taxes Town of Southold 53095 Route 25 P.O. Box 1409 Southold, NY 11971-0499 Notice of New Owner SCTM #1000-87.-6-12.1 Dear George: Please be advised that the Town of Southold in a 50%/50% partnership with the County of Suffolk acquired fee title to the premises identified as 1005 Takaposa Road in Southold for open space purposes by deed dated June 11, 2008. The County/Town purchased the property from The Nature Conservancy, Inc. that acquired the property from the Blocker Estate on May 16, 2008. 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 properties are declared exempt by the Town Assessors. Very truly yours, Melissa Spiro Land Preservation Coordinator /md Southold Town Assessors Town Comptroller ~hon ':: . :--*:~ptal.*O ; fe~ O~,- Braiding Toe' 0 , ~ Cod~ A~un Yea P ~ecaDstecl_ s~ T~:3 Vaue/ * m mvement To~a 0 I~e~' , ,~: ~ ~n~ .pet Type ~oveTax rype Name Dmml Dram2 SQF,T~rBu~t IFDO2Q uthbtd FD ~:~;:~, .00 {~0 L O0 -- ' IO~umm ~;, oOnu wd~te ~, .uu,~ ;uu,~ ~ o~bl~ click ~o open a window ~StarlI [] Inbox- I~licrosort Out OOK ~ RPS Vets: o. * ,: Jl 4- [Snap.. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Tl~eof Instrument: DEED ~,--ker of Pages: 7 Receipt Number : 08-0050235 TRANSFE~ T~X NUMBER: 07-27775 District: 1000 Recorded: AC: LIBER: PAGE: Sect/on: Block: 087.00 06.00 EXAMINED AND CHARGED AS FOLLOWS $8,000,000.00 Received the Following Fees For Above Instrument Exempt Page/Fil£ng $21.00 NO Handling cee $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO No~ation Cert.Copie$ $5.20 NO RPT Transfer tax $32,000.00 NO Corm. Pres Fees P~id 07-27775 THIS PAG~ IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 05/28/2008 02:52:05 ~ D00012552 528 Lot: 012.001 $5.00 $15.00 $165.00 $o.oo $30.00 $o.oo $32~256,20 Exempt NO NO NO NO NO NO Judith A. Pascals Count~ Clerk, Suffolk County Number of page~ This dooument will be public record. Please remove all Social Security Numbem prior to reserding. Dccd I Mortgage Tax $1amp Page/Filing Fee (~ I Handling 5. O0 Notation ~L EA-52 17 (~ty) ~ Sub Trial ~-5217 (S~e} /~ Comm. of ~. 5. ~ ee:d Property Tax Service Agency Verification 8 SUFFOLK Recording I Filing Stamps 1000 08700 0600 012001 Satisfaction~/Discharge'dRelease~ List Property Owaer~ Mailing Address RECORD & RETURN TO: Mortgage Amt. I. Basic Tax 2. Additionul Tax Sub Total Sp~c./Assit. Spec. ladd· TOT. MTG. TAX Du~ Town -- Dual County Mansmn Tax The property covcr~d by this mortgage or will bc improved by a one or IRvo! family dwelling only, I .YES orNO ] If NO, ~c appropriate tux clause on ' ; I Co,,,-,uaitv l~eserv~tloa Fond Consideration Araount $ ~ Due Improved TD TD Mail to: Judith A. Pascale, Suffolk County Clerk [ 7 ] Title Company Information 310 Center Drive, Rivorhead, NY 11901[Co. Name gtewart Title Insurance Comoanv www. suffolkcountyny, gov/clerk ] Tide # s'r-S-laZt6 Suffolk County Recording & Endorsement Page Thi~ pa&e I'~)rm.s putt of the attached Oee~ made by: ISPECIFY TYPE OF INSTRUMEN'TI The premises herein is situated in SUFFOLK COUNTY, ;NEW YORK. Rosemarie Kelly James V. Fallon~ Jr. In the TOWN of Southold In the VILLAGE or HAMLET of Bawiew BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (m~r) CONSULT vt'OUR LAWYER BEFORE 51GNING THIS INSTRUMEKT THIS INDENTURE made day of May, 2008 BETWEEN Rosemarie Kelly, residing at 17 Epson Course, Brookhaven, New York and James Fal]on, Jr. a/Ida James V. Fnllon, Jr., res/d/nE at 216 Astor Drive, Sayvilte, New York, thc trustees of Thc Julius G. Blocker Revocable Trust, party of the first part, and The Nature Conservancy, Inc., a District of Columbia non-profit corporation, with a principal add.ss at 4245 Fairfnx Drive, Arlington, Virglrfia 22203 party of the second part, WITNESSETH, that the paW/of the first part, in consideration of Eight Million Dollars ($8,000,000.00) paid by the party of the second part, does hereby grant and release unto thc party of thc second part, the heirs or successors and assigns of the par~y of the second parl forever, ALL that certain plot, piece or parcel of land situate, lying and being as follows: SEE SCHEDULE A ANNEXED TOGETHER WITH thc benefits and subject to thc burdens of a certain right at' way as recited in an agreement between Mary L. Dayton and Howard A. Toedter, Inc. and l~nedict Manasek and Mary ~Manasek, his wife, dated October 6, 1949 recorded October 13, 1949 in Liber 3004 page 580 as well ns well as all fight, title and interest of the grantor to the private road located westerly of said tight of wa~, a~ created by Georgette Campbell in Libor 3086 page 410. TOGETHER WITH all right, title and interest, if any, to the lands adjacent to the premises herein described and conveyed lying below thc waters of Little Pcconic Bay, Corey Creek and Hog Neck Bay. SUBJECT to thc Water Ensemcnt as set forth in Liber 12147 at Page 576. BEING AND INTENDED to be ~ same premises described in deed into thc party of the first part dated Mareh 18, 2003 and recorded in the Suffolk County Clerk's Office in Libcr 12245 cp 727 on April I I, 2003. Said premises are known as Main Bayview Road, Bayview, New York, and are designated un the Suffolk County Tax Map ns District 1000, Section 087.00, Block 06.00, Lot 012.001. TOGETHER with nil fight, title and interest, if any, of thc party of the first part in and to any sU'ccts and roads abutting the above described premises to thc center lines thereof; TOGETHER with the apptulermnces and all the estate and rights of the party of thc fu'st 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 first part has not done or suffered anything wl~reby the said premises have been encumbered in any way whatever, except as aforesaid. The word "party" shall be consmied as if it read "parties" whe~ever the sense of this indenture so requires. IN WITNESS WHEREOF, thc party of the firs! pan has duly executed this deed the day and year first above written. IN PP.F~ENCE OF: STATE OF NEW YORK) COUNTY OF SUFFOLK) On thc /~-tiay of May, 2008, hafore mc, the undersigned, personally appeared Rosemarle Kelly and James Fnllon, Jr. a/Ida James V. Fallon, Jr., personally known to me or proved to me on the basis of satisfactory evidence to be thc individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the capacity(les), and that by his/h~r/their si~amre(s~'}nstromea~, the individual(s) or the pe~on upon behalf ofwh~ ~ind/i4idual(s) aclex:l, executed Stewart Title Insurance Company Title No: ST-S-10216 Schedule A Description ALL that certain plot, piece or parcel of land with thc buildings and improvements thereon erected, situate., lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and deso'ibed as follows: BEGINNING at a point on the Main Bay View Road which is thc point ofinter~ction of the Easterly sidc ora private wad (which wad I _,~d~ Southerly from said Main Bay View Road over lands now or formerly of Richard L. Hammcl) with thc Southerly side of said Main Bay View Road and which is thc Northwesterly comer of thc land hereinafter deseribexl; RUNNING THENCE along tho Southerly sidc of Main Bay View Road, the following thn~ courses and distances: 1. South 49 degrees 05 minutes 30 se~nds East 91.47 feet; 2. South 16 degrees 59 minutes 10 seconds East 389.09 fcet; 3. South 52 degrees 59 minutes 30 seconds 'East I 15.42 feet to the Westerly side of a twanty-fivc foot right ofway as shown on "Map of Bay Haven at Southold" filed in thc Office ofth¢ Clerk of the County of Suffolk on I/'2~1959 es Map No. 2910; THENCE South 38 degrees 42 minutes 40 seconds West along the Westerly side of said last mentioned fight of way 1899.63 feet to land now or formerly of Mayer; THENCE along said last mentioned land thc following two comzes and distances: 1. North 51 dcgrccs 17 minutes 20 seconds West 87.50 feet; 2. South 38 degrees 42 minuzes 40 seconds West 91.81 feet to thc ordinary high water mark of Little Peconic Bay: THENCl~ along the ordinary high water mark of Little Peennic Bay thc following tie line course and distance: I. North $ l degrees 15 minutes I 0 seconds West 101.24 feet; THENCE North 69 degrees 23 minutes 36 seconds West 220.37 feet; THENCE North 73 degrees 20 minutes 02 seconds West 252.33 feet: THENCE North 37 degrees 58 minutes $0 seconds East 73.71 feet; THENCE along land now or formerly of McNamang THENCE North'63 degrc~ 21 minutc~ l0 seconds West 215.00 t~et; THENCE South ~ degrees 38 minutes 50 seconds West 102.76 feet to the ordinary high Water mink of Little Peconic Bay;, THENCE along the ordinary high water mark of Little Peconi¢ Bay the following two courses and distances: 1) North 51 degrees 49 minutes 31 seconds West 44.37 feet; 2) North 74 degree 56 minules 13 seconds West 57.70 feet to the land now or formerly of Zangi THENCE alon8 said last mentioned land the following three courses and distances: I. North 26 degrees 38 minutes 50 seo~nds East 105.48 feet; 2. North 63 dcgn:cs 21 miautes 10 seconds West 100 feet; 3. South 26 degrees 38 minutes 50 seconds West 114.10 feet Io the ordinary high water mark of Little Peconic Bay; THENCE along the ordinary high water mark of Little Pefonic Bay thc following tie line course and distance: Notnh 75 degrees 40 minutes 06 seconds West 225.23 feet to a jetty; THENCE Westerly, Northerly and Easterly along the high water mark of Little Peconic Bay thc following 10 courses and distances: I) North 22 degrees 18 minutes 33 seconds West 63.95 feet; 2) North 44 degrees 41 minutes 1 $ seconds West 139.43 feeG 3) North 70 degrees O8 minutes 24 seconds West 387.42 feet; 4) North 68 degrees 56 minutes I I soconds West 262.23 feet; 5? North 51 degrees 18 minutes 31 seconds West 171.~6 feet; 6) No~h 55 degrees 25 minutes 53 seconds West 182.22 feet; 7} North 41 degrexs 16 minutes 51 seconds West 153.46 feet; 8) North 56 degree~ 40 minutes 18 seconds West 175.52 feet; 9) North 43 degrees 33 minutes 31 seconds West 92.73 feet; 10) North 04 degrees I 1 minutes 08 seconds East 100.20 to thc South side of Cor~y Creek; THENCE along the mcan high water mark of Corcy Creek the following tie line courses and distances: !. South 61 degrees 36 minutes 26 seconds East 214.90 feet; 2. South 31 degrees 56 minutes 49 seconds East 52.09 feet; THENCE South 59 degrees 00 minutes 48 ~econds East 146.17 fe~t; THENCE South 47 degrees 3~minutes 40 seconds East 132.30 feet; THENCE South 65 degrees 38 minutes 02 seconds Eaat 270.64 THENCE North 82 degrees 17 minutes 01 seconds East 172.37 feet; THENCE South 70 degrees 58 minutes 30 seconds East 160.53 feet; THENCE South 58 degrees 54 minutes 50 seconds F~zt 121.44 feet; THENCE South 44 degreea 04 minutes 00 seconds East 101.75 feet; THENCE South 64 degrees 00 minutes 26 seconds East 80.37 feet; THENCE South 78 degrees 28 minutes 41 seconds East 172.64 feet; THENCE South 88 degrees 30 minutes 46 aeconds East 167.42 feet to lands now or formerly Kouzios; THENCE South 02 degrees 39 minutes 40 seconds East ! 10.58 feet more or leas along lands now or formerly Kouzios to the Northerly side of a right of way; THENCE North 87 degrees 20 minutes 20 seconds East 100.00 feet; T~F~NCE North 02 degrees 39 minutes 40 seconds West 106.95 fr~t more or less to the high water mark of Covey Creek; THENCE North 75 degrees 04 minut~ $5 seconds East $1.$1 feet; THENCE South 89 degr~s 28 minutes 20 seconds East 49.74 feet to lands now or formerly Hafford Living Trust; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE of BEGINNING. South 02 degrees 39 minutes 40 seconds East 92.12 feet; North 87 degrees 20 minutes 20 seconds East 100.00 feet; North 02 degre~ 39 minutes 40 seconds West 75.68 feet; North 83 degrees 03 minutes 36 seconds East 119.63 feet; North 74 degrees 05 minutes 40 seconds East 133.56 feet; North $2 degrees 37 minutes 13 seconds East 212.93 feet; North 60 degrees 35 minutes 41 seconds East 106.65 feet; North 47 degrees 03 minutes 08 seconds East 40.71 feet: North 64 degrees 31 minutes 49 seconds East 183.24 feet; North 38 degrees 45 minutes 35 seconds East 159.91 feet; North 60 degrees 37 minutes 06 seconds East 8'1.41 feet; North 32 degrees 27 minutes 00 seconds East 32.20 feet; North 05 degrees 35 minutes 56 seconds West 69.55 feet; North 46 deg~e.s 08 minutes 50 seconds East 973.70 feet to the point or place A E R I A L S YEAR: S U R V E Y A E R I A L M A P NOTES 1.SUBSURFACE CONDITIONS NOT SHOWN 2. THIS SURVEY iS SUBJECT TO ANY EASEMENTS OF RECORD AND OTHER ENCUMERANCES WHICH A FULL TITLE SEARCH MIGHT DISCLOSE. 3 WETLANDS I ~ INDICATED. I HEREBY WAS MADI MADE AN[ ~lS MAP 2008 49128 o, 17237' '~ ?0 '~8~V,~ SITE AREA: 1 961 276.11 S.F. (TO TIE LINE) OR 45.03 ACRES SUFFOLK COUNTY TAX MAP DISTRICT 1000 SECTION 87 BLOCK 06 LOT 12.1 PARCEIL 1 ALL that certain p~ot, p~ece or parcel of land, situate, lying and being m Southold, Town of Southo~d, County of Suffolk and State of New York, bound and des=gnated as follows: BEGINNING at a point being the ~ntersection of the Southerly R O W. hne of Mum Baywew Road w~th the Easterly R O W hne of Takaposa Road This being the point or place of Beginmng, thence the following (59) fifty - nine courses and distances THENCE South 49 degrees 05 minutes 30 seconds East 91.47 feet; THENCE South 16 degrees 59 minutes 10 seconds East 389.09 feel, THENCE South 52 degrees 59 minutes 30 seconds East 115 42 feet, THENCE South 38 degrees 42 minutes 40 seconds West 1899.63 feel, THENCE North 51 degrees 17 minutes 20 seconds West 87 50 feet; THENCE South 38 degrees 42 minutes 40 seconds West 91 81 feet, THENCE North 51 degrees 15 mmufes 10 seconds West 101 24 feet, THENCE North 69 degrees 23 minutes 36 seconds West 220 37 feet, THENCE North 73 degrees 20 minutes 02 seconds West 252.33 feet, THENC;E North 37 degrees 58 m~nutes 50 seconds East 73.71 feet; THENCE North 63 degrees 21 minutes 10 seconds West 215 00 feet; THENCE South 26 degrees 38 minutes 50 seconds West 102.76 feet, THENCE North 51 degrees 49 mmufes 31 seconds West 44 37 feet, THENCE North 74 degrees 56 minutes 13 seconds West 5770 feet, THENCE North 26 degrees 38 minutes 50 seconds East 10548 feet THENCE North 63 degrees 21 minutes 10 seconds West 100 00 feet, THENCE Sou~h 26 degrees 38 m~nutes 50 seconds West 114 10 feet; THENCE North 75 degrees 40 minutes 06 seconds West 225 23 feet; THENCE North 22 degrees t8 mmufes 33 seconds West 63 95 feet, THENCE North 44 degrees 41 minutes 18 seconds West 13943 feet; THENCE North 70 degrees 08 minutes 24 seconds West 387 42 feet, THENCE Nodh 68 degrees 56 minutes 11 seconds West 262 23 feet, THENCE North 51 degrees 18 minutes 31 seconds West 171 76 feet THENCE North 55 degrees 25 m~nutes 53 seconds West 182 22 feet, THENCE North 41 degrees 16 m~nutes 51 seconds West 153 46 feet, THENCE North 56 degrees 40 minutes 18 seconds Wes1175 52 feet, THENCE North 43 degrees 33 minutes 31 seconds West 92 73 feet, THENCE North 04 degrees 11 minutes 08 seconds East 100 20 feet; THENCE South 61 degrees 36 minutes 26 seconds East 21490 feet, THENCE South 31 degrees 56 m~nutes 49 seconds East 52 09 feet, WETLAND COREY CREEK PLAN NOTES - ALL TIDAL WETLAND BOUNDRY INFORMATION DELINEATED BY SUFFOLK ENVIRONMENTAL CONSULTING, INC ON JANUARY 17, 2001 THENCE South 59 degrees 00 m~nutes 48 seconds East 146 17 feet THENCE South 47 degrees 38 minutes 40 seconds East 132.30 feet, THENCE South 65 degrees 38 minutes 02 seconds East 270.64 feet; THENCE North 82 degrees 17 minutes,01 seconds East 17237 feet; THENCE South 70 degrees 58 minutes 30 seconds East 160 53 feet, THENCE South 58 degrees 54 minutes 50 seconds East 121.44 feet, THENCE South 44 degrees 04 minutes 00 seconds East 101 75 feet; THENCE South 64 degrees 00 minutes 26 seconds East 80.37 feet; THENCE South 78 degrees 28 minutes 41 seconds East 172 64 feet THENCE South 88 degrees 30 minutes 46 seconds East 167 42 feet; THENCE South 02 degrees 39 minutes 40 seconds East 110 58 feet, THENCE North 87 degrees 20 minutes 20 seconds East 10000 feet; THENCE North 02 degrees 39 minutes 40 seconds West 106.95 feetr THENCE North 75 degrees 04 minutes 55 seconds East 51 51 feet, THENCE South 89 degrees 28 minutes 20 seconds East 49.74 feet, THENCE South 02 degrees 39 minutes 40 seconds East 92.12 feet; THENCE North 87 degrees 20 minutes 20 seconds East 10000 feet THENCE North 02 degrees 39 minutes 40 seconds West 75 66 feet, THENCE North 83 degrees 03 minutes 36 seconds East 119 63 feet THENCE North 74 degrees 05 minutes 40 seconds East 133 56 feet THENCE North 52 degrees 37 minutes 13 seconds East 212 93 feet THENCE North 60 degrees 35 minutes 41 seconds East 106.65 feet THENCE North 47 degrees 03 minutes 08 seconds East 40.71 feet; THENCE North 64 degrees 31 minutes 49 seconds East 183.24 feet THENCE North 38 degrees 45 minutes 35 seconds East 159 91 feet THENCE North 60 degrees 37 rmnutes 06 seconds East 81 41 feet, THENCE North 32 degrees 27 minutes 00 seconds East 3220 feet; THENCE North 05 degrees 35 minutes 56 seconds West 69 55 leer, THENCE North 46 degrees 08 minutes 50 seconds East 973.70 feet to the point or place of Beginmng Contained within sa~d bounds 1,961,276 11 S.F or 45 03 ACRES. WETLAND AREA #2 APPARENT HIGH WATER MARK LINES BY LAND DESIGN ASSOCIATES P C , JANUARY 18, 2008 NOTE' LOCATIONS AND EXISTENCE OF ANY SUBSURFACE UTIUTIES AND/OR STRUCTURES, NOT READILY VISIBLE, ARE NOT CERTIFIED 225 23' W~ODS HOD WETLAND AREA #3 ON-SITE WETLAND AREAS: W~TLAND AREAS (#) AREA (S.F.) AREA (ACRES) # 1. 108,844.05 S.F 2.499 ACRES # 2. 4,210.78 S.F. 0.097 ACRES # 3. 86,478 53 S.F. t 985 ACRES # 4. 240,853.25 S,F 5 529 ACRES TOTAL' 440~386.61 S F. 10.11 ACRES WETLAND AREA #3 TAKAPOSA VACANT LA,ND AREA: 1,961,276.11 S.F. OR 45.03 ACIRES WALL .,~! -' 'WETLAND ~.,, ,! t.,, AREA ~ WATER SPIGOT- FINAL SURVEY DEPT 0FLAND PRE%RVATI0ff MAP OF PROPERTY ' TO BE ACQUIRED ,BY THE NATURE CONSERVANCY SITUATED AT: '~ SOUTHOLD SUFFOLK COUNTY, N.Y. JANUARY 22, 2008 UPDATED: MAY 5/2008 OWNER: REVOCABLE TRUST ': OF JULIUS BLOCKER S.C.T.M. #1000 - 87 -6 - 12.1 CERTIFIED TO: THE NATURE CONSERVANCY COUNTY OF SUFFOLK TOWN OF SOUTHOLD STEWART TITLE INSURANCE COMPANY SCALE: 1" = 120' B~ocker (The Nature contract Property Conservancy vendee) Town/County Open Space Purchase Map Prepared by Town of Southold G[S November 29, 2007 (The Nature Blocker Property Conservancy~ contract t~ 1~ 1000-87-6~t2. tt vendee)