HomeMy WebLinkAboutPeconic Land Trust, Inc (Harper)1000-59-1-20.1
Baseline Documentation
Premises:
1920 Lake Drive
Southold, New York
0.67 acre
Development Rights Easement
PECONIC LAND TRUST,
INCORPORATED (Harper)
to
TOWN OF SOUTHOLD
Easement dated April 14, 2005
Recorded April 27, 2005
Suffolk County Clerk - Liber D00012384, Page 377
SCTM #:
Premises:
Hamlet:
Purchase Price:
Funding:
CPF Project Plan:
Total Parcel Acreage:
Development Rights:
Zoned:
Existing Improvements:
1000-59-1-20.1
1920 Lake Drive
Southold
$56,000.00
Community
Preservation Funds
(2% land bank)
Yes
0.67 acre
0.67 acre
R-40
In April 2005 - none
DESCRIPTION
LAND
The property has a southwesterly border with 225+' of frontage along the northwesterly
side of Lake Drive, a southwesterly border with132+' of frontage along the northeasterly side
of West Drive, an irregular northwesterly border running etotal distance of 208+', and a
northeasterly border of 164_+'. It contains a total area of 26,136_+ SF, or 0.60_+ acres..
The above dimensions are taken from the Suffolk County Tax Map and the last deed
of record for the subject. We have included a copy of the Tax Map in the addenda to this
report.
Utilities (water, electric, and telephone) are available to the site. Public water is
available along Lake Drive.
Lake Drive and West Drive are asphalt paved, public roadways.
The subject property is located in an area containing significant areas of freshwater
emergent wetlands. The subject appears to contain sufficient upland area to support
development, although obtaining building permits would likely require variances and could
be a lengthy and complicated process.
The subject has potential obstructed views (most likely from a second story) of Great
Pond to the south, and the Long Island Sound to the north.
.GIVEN
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DESCRIPTION (CONTINUED)
LAND (CONTINUED)
Land su rrou nding the subject is primarily vacant land or improved residential properties.
IMPROVEMENTS
The subject is vacant land in an essentially natural state
PRESENT USE AND OCCUPANCY
The subject is vacant land.
~GIVEN 20
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SUBJECT PHOTOGRAPHS
Subject Vicinity
~GIVEN sv
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SUBJECT PHOTOGRAPHS
Lake Drive Facing Northeasterly
Lake Drive Facing Southwesterly
I ~.GIVEN gs
GREAT POND
Tax Map Location
69
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Zoning Map I
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Phase I
Environmental Site Assessment
Harper Property
1.0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order determine if potential environmental or public health concerns are present. This
report is intended to identify Recognized Environmental Conditions (as defined in ASTM
Standards on Environmental Site Assessments for Commercial Real Estate) on the subject
property based on the four (4) basic components of a Full Phase 1 Environmental Site
Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting.
The subject property lies in the Hamlet of Southold, Town of Southold, County of Suffolk, New
York. The subject property consists of a 0.60 acre parcel of undeveloped land. The street
address for the property is 1920 Lake Drive. The property is located on the northeast corner of
Lake Drive and West Drive. The property is more particularly described as Suffolk County Tax
Map # 1000-059-01-20.1.
The subject property consists of wetlands, surface water, vegetated area and sand. The wetland
area is located in the northwestern portion of the property. The remaining area of the property
consists of beach sand. No structures, foundations, staining or stressed vegetation were observed
on the subject property.
Historic aerial photographs from 1969, 1976, 1980, 1994 and 1999 were reviewed in order to
determine past uses of the property. This review revealed the property has always been utilized
as vacant land.
An extensive government records search found no potential sources of environmental
degradation on the subject property. Several Federal, State and County documented regulated
sites were noted in the vicinity of the subject property. Specifically, four (4) spill files are
located within one-half (0.5) mile.
In conclusion, this assessment has revealed no evidence of recognized environmental conditions
in connection with the subject property, subject to the methodology and limitations of this report.
NELSON, POPE & VOORH IS, LLC
ENVIRONMENTAL * PLANNING * CONSULTING
FIGURE 1
LOCATION MAP
Harper Property, Southold
Phase I ESA
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Source: DeLorme S~reet Atlas
Scale: Not to Scale
NORTH
Page 7 o[ 25
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FIGURE 2
AERIAL PHOTOGRAPH
Harper Property, Southold
Phase I ESA
1
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Source: NYSGIS Orthoimage~ Program, 2001
Scale: 1" = 50'
NORTI-I
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FIGURE 3
WATER TABLE MAP
Harper Property, Southold
Phase 1 ESA
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..' 53323 .."~ ,~
/ ,~ 6783 '"~, .,'~'.('~
/'/' 53539~'~.3b' ~:,"
..... ".~ .~::~: :'.'-ff., _..,,,. ', ~ 511//3
·' 6101~ : ~' ~' '~"~]
/ x'"' "~ ' '"' ~ -
/'~' /~?' ~ Site ~tion ,~' '~'~.~l
.....· ' ~L~'~ ,;, ?'":. ~. ~,
/ / ~ ~ "~ ' '~~'
,/ ~"~ 7'. ,"
Some: SCDHS Water Table Ground Contour Map, 1999
NORTH
Page 16 of 25
m
m
mm mm m m m mm mm
m
Toxics Targeting
1 Mile Radius Map
Harper Property
Southold, NY 11971
w+.
Suffolk Cc~nty
NPL, CERCLIS, NYSDEC Inactive Hazardous Waste
Disposal Regis~y or Registry Qualifying Site
Hazardous Waste Treater, RCRA Corrective
[] Storer, Disposer J----J Action Facility
(~ Waste Disposat Site [~ Facility
Major Oil
0 Storage Facility Q ~irt(ewnfields
I Mile
Radius
1/4 Mile
Radius
~ Walerbody
County
Border
Tracks
1/2 Mile
Radius
1/8 Mile
Radius
Distance in Mies
Toxics Targeting
1/'2 Mile Radius Map
Haq3er Property
Southold, NY 11971
Suffolk County
,J~ Material Spill
Site
Location ~ Waterbody
Minor
Roads
Major -- -- County
Roads Border
Tracks
Radius Radius
/
/
Toxics Targeting
1/4 Mile Radius Map
Harper Properly
Southold, NY 11971
w+,
ChemicaJ Storage
Site
Major
Expressways
Radius
mae
Suffolk County
Release
~ Docket Facili[y
· Storage Facility
1~4 ~ 1~8 1~4
Distance in Mies
.mi.
~ Haq~er Property
Distance in Miles
Toxics Targeting
1/4 Mile Closeup Map
Harper Property
Southold, NY 11971
Suffolk County
Hazardous Substance
Waste Disposal Site *
Storage Facility *
Chemical Storage
Discharge ***
NPL, CERCLIS, NYSi}EC Inactive Hazardous Waste
Disposal Registry or Regisby Qualitying Site
HazardousWasteTreater, ~ RORACorrective
Storer, Disposer * I I Action Facility *
.... Minor
Major
[~ Sc4id Waste
Facility *
Brownfields
Hazardous
Petroleum Bulk
· Storage Facility
Hazan~ous Waste
[] Generator, Transp.
~ Air
County
Border
* 1 Mile Search Radius ** 112 Mile Search Radius
1/4 Mile Search Radius
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (6311 765-6145
Telephone (6311 765-1800
southoldtown.northfor k.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 171 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 29, 2005:
RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and
Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town
of Southold hereby sets Tuesday~ April 12~ 2005~ at 8:15 p.m. South old Town Hall~ 53095
Main Road~ Southold~ New York as the time and place for a public hearing for the
purchase of a development rights easement for open space purposes on the property
currently owned bv Peter F. Harper with the Peconic Land Trust as contract vendee. Said
property is identified as SCTM #1000-59-1-20.1. The address is 1920 Lake Drive, Southold,
New York, and is located on the northeast comer of Lake Drive and West Drive in Southold. The
proposed acquisition is for an easement on the entire, approximately 0.72 acre (subject to survey)
property.
The property is being purchased by the Peconic Land Trust market value. The Peconic Land
Trust's purchase is funded by private donors. The Peconic Land Trust will then sell to the Town
of Southold, as a Bargain Sale, a development rights easement on the entire property. The
purchase price for the easement is $56,000 (fifty six thousand dollars) plus acquisition costs
associated with the transfer of title.
The subject property and the other properties located north of Lake Drive and in the vicinity of
Lake Drive, are comprised of a wetland and dune system dominated by ecological communities
classified as maritime dunes and maritime freshwater interdunal swales. Both of these
community types are listed as rare in New York by the New York Natural Heritage Program
(NYNHP) and the maritime freshwater interdunal swale community is currently listed as
globally rare. The preservation and protection of this property falls under multiple purposes of
the Community Preservation Project Plan, including, but not limited to, preservation and
protection of open spaces and scenic values, protection of wetlands, protection of significant
biological diversity and protection of unique and threatened ecological areas.
The property is not listed on the Town's 2003 Community Preservation Project Plan List of
Eligible parcels; however, it is proposed to be added to the plan after a public hearing to amend
the List of Eligible parcels is held on April 12, 2005.
As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold,
Section 87-5, the Land Preservation Coordinator has calculated that 1 (one) Sanitary Flow Credit
may be available for transfer from the parcel of property upon the Town's purchase of the
easement. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be
finalized, and shall not occur, until the Town closes on the easement pumhase, and the Town
Board passes a resolution allowing the transfer into the Town TDR Bank.
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
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE 1S HEREBY GIVEN THAT pursuant to the provisions of Chapter 59 (Open
Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town
Code, the Town Board of the Town of Southold hereby sets Tuesday, April 12, 2005~ at
8:15 p.m.~ Southold Town Hall, 53095 Main Road, Southold, New York as the time
and place for a public hearing for the purchase of a development rights easement
for open space purposes on the property currently owned by Peter F. Harper with
the Peconic Land Trust as contract vendee. Said property is identified as SCTM
#1000-59-1-20.1. The address is 1920 Lake Drive, Southold, New York, and is located
on the northeast comer of Lake Drive and West Drive in Southold. The proposed
acquisition is for an easement on the entire, approximately 0.72 acre (subject to survey)
property.
The property is being purchased by the Peconic Land Trust market value. The Peconic
Land Trust's purchase is funded by private donors. The Peconic Land Trust will then sell
to the Town of Southold, as a Bargain Sale, a development rights easement on the entire
property. The purchase price for the easement is $56,000 (fifty six thousand dollars) plus
acquisition costs associated with the transfer of title.
The subject property and the other properties located north of Lake Drive and in the
vicinity of Lake Drive, are comprised of a wetland and dune system dominated by
ecological communities classified as maritime dunes and maritime freshwater interdunal
swales. Both of these community types are listed as rare in New York by the New York
Natural Heritage Program (NYNHP) and the maritime freshwater interdunal swale
community is currently listed as globally rare. The preservation and protection of this
property falls under multiple purposes of the Community Preservation Project Plan,
including, but not limited to, preservation and protection of open spaces and scenic
values, protection of wetlands, protection of significant biological diversity and
protection of unique and threatened ecological areas.
The property is not listed on the Town's 2003 Community Preservation Project Plan List
of Eligible parcels; however, it is proposed to be added to the plan after a public hearing
to amend the List of Eligible parcels is held on April 12, 2005.
As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of
Southold, Section 87-5, the Land Preservation Coordinator has calculated that I (one)
Sanitary Flow Credit may be available for transfer from the parcel of property upon the
Town's purchase of the easement. The transfer of the Sanitary Flow Credit into the Town
TDR Bank will not be finalized, and shall not occur, until the Town closes on the
easement purchase, and the Town Board passes a resolution allowing the transfer into the
Town TDR Bank.
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: March 29, 2005
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON APRIL 7, 2005, AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Traveler Watchman
Planning
Building
Land Preservation
Town Clerk's Bulletin Board
Town Board Members
Town Attorney
Zoning Board of Appeals
Data Processing
SOUTHOLD TOWN BOARD
PUBLIC HEARING
April 12, 2005
8:15 P.M.
HEARING ON THE PURCHASE OF DEVELOPMENT RIGHTS EASEMENT FOR OPEN
SPACE PURPOSES ON THE PROPERTY OF HARPER, WITH PECONIC LAND TRUST AS
CONTRACT VENDEE~ SCTM 31000-59-1-20.1.
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN THAT pursuant to the provisions of
Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town
Code, the Town Board of the Town of Southold hereby sets Tuesday~ April 12~ 2005~ at 8:15 p.m.~
Southold Town Hall~ 53095 Main Road, Southold, New York as the time and place for a public
hearing for the purchase of a development rights easement for open space purposes on the
property currently owned by Peter F. Harper ,vith the Peconic Land Trust as contract vendee.
Said property is identified as SCTM # 1000-59-1-20.1. The address is 1920 Lake Drive, Southold,
New York, and is located on the northeast comer of Lake Drive and West Drive in Southold. The
proposed acquisition is for an easement on the entire, approximately 0.72 acre (subject to survey)
property.
The property is being purchased by the Peconic Land Trust at market value. The Peconic Land Trust's
purchase is funded by private donors. The Peconic Land Trust will then sell to the Town of Southold,
as a Bargain Sale, a development rights easement on the entire property. The pumhase price for the
easement is $56,000 (fifty six thousand dollars) plus acquisition costs associated with the transfer of
title.
The subject property and the other properties located north of Lake Drive and in the vicinity of Lake
Drive, are comprised of a wetland and dune system dominated by ecological communities classified as
maritime dunes and maritime freshwater interdunal swales. Both of these community types are listed
as rare in New York by the New York Natural Heritage Program (NYNHP) and the maritime
freshwater interdunal swale community is currently listed as globally rare. The preservation and
protection of this property falls under multiple purposes of the Community Preservation Project Plan,
including, but not limited to, preservation and protection of open spaces and scenic values, protection
of wetlands, protection of significant biological diversity and protection of unique and threatened
ecological areas.
April 12, 2005 2
Public Heating-Harper Purchase
The property is not listed on the Town's 2003 Community Preservation Project Plan List of Eligible
parcels; however, it is proposed to be added to the plan after a public heating to amend the List of
Eligible parcels is held on April 12, 2005.
As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-
5, the Land Preservation Coordinator has calculated that 1 (one) Sanitary Flow Credit may be available
for transfer from the parcel of property upon the Town's purchase of the easement. The transfer of the
Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the
Town closes on the easement pumhase, and the Town Board passes a resolution allowing the transfer
into the Town TDR Bank.
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.
COUNCILMAN WICK_HAM: I have notice that it has appeared as a legal in the newspaper, it has also
appeared outside on the Town Clerk's bulletin board, I have the Short Environmental Assessment form
and I believe that is complete.
SUPERVISOR HORTON: Thank you very much, Councilman Wickham. Would you care to address
the Board?
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Yes, please. Thank you. I guess
first I will point out the property and the same as we had before, the Harper property is the comer piece
right here on Lake and West Drive. I am assuming that the next resolution will be to adopt the list of
Community Preservation, so I am going to make the assumption that it is one of the properties that was
just added to our Community Preservation Plain list of eligible properties. I need to point out on this
purchase that it really involves significant amounts of private donations from, I think there was over 70
donors and I just want to explain the process a little bit. The donors made their donations to the
Peconic Land Trust and the Peconic Land Trust, using the donated funds, will be purchasing the
property l~om the current landowner. Then, probably at a simultaneous closing hopefully, the Town
will purchase, using funds from the Community Preservation Fund, the development rights easement at
a bargain sale, that is below market value from the Peconic Land Trust. These closings will result in
the Peconic Land Trust owning the fee title to the property and the town holding an easement, which
will protect the property fi'om any future development, forever. The purpose of the easement is to
protect the environmental, natural and scenic values of the property. The public notice noted that the
property is .72 acres, I believe he said ¼ of an acre. We got the survey today, it is slightly smaller, it is
.67 of an acre and the easement will cover the entire parcel. Before closing, I would like to thank Mr.
Harper for offering the property for preservation purposes and to all the individual donors who
contributed to this significant purchase. In addition, I would like to thank Lillian Ball, who spoke at
the prior heating, who was really behind the organization of the private donors and of course, the
Peconic Land Trust. A preservation strategy mentioned in the Community Preservation is the
leveraging of public funds through public/private partnerships. This purchase is the result of such
partnering and I recommend that the Town Board proceed with the purchase. Thank you.
SUPERVISOR HORTON: Thank you very much. Would anybody else care to address the Board on
this specific heating? (No response) Before closing the heating, I do want to reiterate the gratitude
that Land Preservation Coordinator Spiro appropriately conveyed and that is the thanks to the
April 12, 2005 3
Public Hearing-Harper Purchase
individual, the private investors I should say or participants in making this happen. It is very similar to
a public, private partnership that we brought to fnfition, again through the hard work of not only our
departments but private residents, off of Diamond Lane, you'll recall that. Another similar situation
that brought to fruition the preservation of a specific parcel. So, again, thank you to the community
that was involved with this.
COUNCILMAN ROSS: And not to overshadow the significance of the purpose, I think we should
note the moment, I think this is going to be the first sanitary flow credit that gets deposited into the
sanitary flow bank. Hopefully used for affordable housing. So, thank you very much folks.
SUPERVISOR HORTON: Indeed.
Incentive District hearing.
And we will close the hearing.
That brings us to our Rural
Elizabeth A. Neville
Southold Town Clerk
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nor thlbrk.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 213 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON APRIL 12, 2005:
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement for open space purposes on the property currently owned by Peter F. Harper with the
Peconic Land Trust as contract vendee, pursuant to the provisions of Chapter 59 (Open Space
Preservation) and Chapter 6 (2% Community Preservation Fund) of the Code of the Town of
Southold. Said property is identified as SCTM #1000-59-1-20.1. The address is 1920 Lake
Drive, Southold, New York, and the property is located on the northeast comer of Lake Drive
and West Drive in Southold. The proposed acquisition is for an easement on the entire,
approximately 0.72 acre (subject to survey) property. The Town's purchase price for the
easement is $56,000 (fifty six thousand dollars) plus acquisition costs associated with the transfer
of title. The property is being purchased by the Peconic Land Trust at market value. The
Peconic Land Trust's purchase is funded by private donors. The Peconic Land Trust will then
sell to the Town of Southold, as a Bargain Sale, a development rights easement on the entire
property. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of
Southold, Section 87-5, the Land Preservation Coordinator has calculated that 1 (one) Sanitary
Flow Credit may be available for transfer from the parcel of property upon the Town's purchase
of the easement. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be
finalized, and shall not occur, until the Town closes on the easement purchase, and the Town
Board passes a resolution allowing the transfer into the Town TDR Bank; and
WHEREAS, the subject property and the other properties located north of Lake Drive and in the
vicinity of Lake Drive, are comprised ora wetland and dune system dominated by ecological
communities classified as maritime dunes and maritime freshwater interdunal swales. Both of
these community types are listed as rare in New York by the New York Natural Heritage
Program (NYNHP) and the maritime freshwater interdunal swale community is currently listed
as globally rare. The preservation and protection of this property falls under multiple purposes of
the Community Preservation Project Plan, including, but not limited to, preservation and
protection of open spaces and scenic values, protection of wetlands, protection of significant
biological diversity and protection of unique and threatened ecological areas; now, therefore, be
it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations~ 6NYCRR 617.1 et. Seq.; be
it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; 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 SEq}RA Rules and
Regulations for this action.
Elizabeth A. Neville
Southold Town Clerk
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACT/ONS Only
PART I-PRO.1ECT I'NFORMAT/ON (To be completed by Applicant OR Project) Page 1 of 2
1. APPLiCANT/SPONSOR: Southold Town Board
3. PRO3ECT LOCA/~ON:
Municipality: ~OL~ ~'~ 0~.~"~
County:
4. PRECISE LOCATLON: (Street address and road intersections, prominent landmarks, etc, or provide map)
5. IS PROPOSED ACT/ON:
~l~ New ~ Expansion ~ Modification
6. DESCRIBE PRO3ECT BI~EFLY:
7. AMOUNT OF
~N~ALLY ~ ~ acres UL~ATELY ~ ~ ~ acres
8. WILL PROPOSED ACTLON COMPLY WITH EXIST/NG ZONING OR OTHER EXIS'r/NG LAND USE RESTP~CTLONS?
Yes No if No, describe briefly
. ~.~. W~AT IS PRESENT LAND ~S-E-/N VICINTTY OF PROIECT?
Residential Commercial industrial Agriculture Park/Forest/Op?.__n space
I Describe:
Other
10. DOES AC1/ON ~NVOLVE A PERMI-r APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (FEDERAL, STATE OR LOCAL)?
Yes/I~ No if yes, I~t ageno/($) and perrni~/approva/$
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
Yes I~'L~ No if yes, Ii~ agency(s) and permi~/approval$
12, AS RESULT OF PROPOSED ACTION WILL EXISTING PERM/T/APPROVAL REQUIRE MOD~FICAT/ON?
Yes ~ No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor Name:_ "~'~'~,\ , ~% /~ S? ~,~ Lqt~¢/ Date:~
S,gnature_ ~ ~ ~
Zf the ~ ann you are a state agent, complete the Coastal ~sessment Form before
proceedin9 with this assessment
PART IL-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2
A. DOES ACTION EXCEED ANY TYPE ! THRESHOLD [N 6 NYCRR, PART 617.47
Yes~ No ~£yes coordinate the review process and use the ~JII EAF
B. WILL Ac'r~ON RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNI I'STED ACTZONS IN 6 NYCRR, PART 617,67
Ye?~ No ffno, a negat/ve declarat/on may be suspended by another/nvo/ved agency
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSZOCIATED W171'H THE FOLLOWING:
(Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or
disp~x.~a~ potential for erosion, drainage or flooding problem? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character?
ExP~ObrJeflY:
C3. ~e~_etation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existJng plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources?
ExP~nObdeflY:
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
C6. Laon~ !.erin, shott term, cumulative, or other effects not idenUfiod in C:L-CS? Explain briefly;
C7. Other impacts (including changes in use of either quantity of type of energy)? Explain briefly:
D. WI'LL THE PRO3ECT HAVE AH IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A
CEA?
~ Yesr~ No
E. IS THERE OR IS THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS~
PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, or other,vise significant. Each effect should
be assessed in connection with its (a) setting (i.e. urban or rdral); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope;
and (0 magnitude. If necessary, add attachments or reference suflporting materials. Ensure that explanations contain sufficient detail to show
that all relevant adverse impacts have been identified and adequately addressed, if question D of part II was checked yes, the determination and
significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then
proceed directly to the FULL ENVIRONHETNAL ASSESSNENT FORN and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting do~mentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments
as necessary~ the reasons su porting this determination;
print Officer 'n Lead Agen _ 'O O ,3.itle go ~*~ ~,, ~.o 1~o, Re.s~nsible Officer
19~ture 'of Responsible O~cer in L~ad Agent,/ S(~a[ure of prepa~(i(di~ent from of responsibl~
P
U
R
C
H
A
S
E
R
E
S
0
L
U
T
I
O
N
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
REC()RDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765~6145
Telephone (6311 765-1800
southoldtown.northfbrk.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 222 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON APRIL 12, 2005:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase ora development fights easement on the property owned by Peter F. Harper with
the Peconic Land Trust as contract vendee on the 12th day of Apfil, 2005, pursuant to the
provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation
Fund) of the Town Code, at which time all interested parties were given the opportunity to be
heard; and
WHEREAS, said property is identified as SCTM #1000-59-1-20.1 and 1920 Lake Drive,
Southold, New York, and is located on the northeast comer of Lake Drive and West Drive in
Southold; and
WHEREAS, the development fights easement will cover the entire, approximately 0.72 acre
(subject to survey) property; and
WHEREAS, the property is listed on the Town's March 2005 update to the Community
Preservation Project Plan List of Eligible Parcels which was adopted by the Town Board after a
public hearing on April 12, 2005; and
WHEREAS, the subject property and the other properties located north of Lake Drive and in the
vicinity of Lake Drive, are comprised of a wetland and dune system dominated by ecological
communities classified as maritime dunes and maritime freshwater interdunal swales. Both of
these community types are listed as rare in New York by the New York Natural Heritage
Program (NYNHP) and the maritime freshwater interdunal swale community is currently listed
as globally rare. The preservation and protection of this property falls under multiple purposes of
the Community Preservation Project Plan, including, but not limited to, preservation and
protection of open spaces and scenic values, protection of wetlands, protection of significant
biological diversity and protection of unique and threatened ecological areas; and
WHEREAS, the purpose of this purchase is for preservation and protection of open spaces and
scenic values, protection of wetlands, protection of significant biological diversity and protection
of unique and threatened ecological areas. Uses of the property will be limited to those which are
in conformance with these purposes; and
WHEREAS, the pumhase of the development rights easement on this property is in
conformance with the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2%
Community Preservation Fund) of the Town Code; and
WHEREAS, the Town's purchase price for the easement is $56,000 (fifty six thousand dollars)
plus acquisition costs associated with the transfer of title. The property is being purchased by the
Peconic Land Trust at market value. The Peconic Land Trust's purchase is funded by private
donors. The Peconic Land Trust will then sell to the Town of Southold, as a Bargain Sale, the
development rights easement on the entire property; and
WHEREAS, as per Chapter 87 (Transfer of Development Rights) of the Code of the Town of
Southold, Section 87-5, the Land Preservation Coordinator has calculated that 1 (one) Sanitary
Flow Credit may be available for transfer from the parcel of property upon the Town's purchase
of the easement. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be
finalized, and shall not occur, until the Town closes on the easement purchase, and the Town
Board passes a resolution allowing the transfer into the Town TDR Bank; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development rights easement on this property; be it therefore
RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and
Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town
of Southold hereby elects to purchase a development rights easement for open space
purposes on the property currently owned by Peter F. Harper with the Peconic Land Trust
as contract vendee. Said property is identified as SCTM #1000-59-1-20.1. The address is
1920 Lake Drive, Southold, New York, and the property is located on the northeast comer of
Lake Drive and West Drive in Southold. The proposed acquisition is for an easement on the
entire, approximately 0.72 acre (subject to survey) property. The Town's pumhase price for the
easement is $56,000 (fifty six thousand dollars) plus acquisition costs associated with the transfer
of title. The property is being purchased by the Peconic Land Trust at market value. The Peconic
Land Trust's purchase is funded by private donors. The Peconic Land Trust will then sell to the
Town of Southold, as a Bargain Sale, a development rights easement on the entire property. As
per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section
87-5, the Land Preservation Coordinator has calculated that 1 (one) Sanitary Flow Credit may be
available for transfer from the parcel of property upon the Town's purchase of the easement. The
transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not
occur, until the Town closes on the easement purchase, and the Town Board passes a resolution
allowing the transfer into the Town TDR Bank.
Elizabeth A. Neville
Southold Town Clerk
C
T
A
T
E
E
N
PECONIC LAND TRUST (Harper)
to
TOWN OF SOUTHOLD
Development Rights Easement
SCTM #1000-59-1-20.1
0.67 acre
1920 Lake Drive, Southold
Closing held April 14, 2005
Stewart Title Insurance Company
Riverhead, New York
(from left to right) Melanie Doroski, Land Preservation Administrative Asst;
Melissa Spiro, Southold Town Land Preservation Coordinator;
Tim Caufield, Peconic Land Trust Vice-President;
Marian Sumner, Peconic Land Trust Director of Conservation Programs;
Peter F, Harper, property owner; and
Patricia A, Finnegan, Southold Town Attorney
CLOSING STATEMENT
PECONIC LAND TRUST (Peter F. Harper)
to TOWN OF SOUTHOLD
S CTM #1000-59 -1-20.1
Development Rights Easements -- 0.67 acre
Premises: 1920 Lake Drive, Southold
Bargain Sale - $56,000.00
Closing took place on Thursday, April 14, 2005
at 12:00 noon, Conference Room of
Stewart Title Insurance Company branch office,
755 East Main Street, Riverhead, New York
Purchase Price of $ 56,000.00 disbursed as follows:
Payable to Peconic Land Trust
Check #79960 (4/14/05)
Expenses of Closing:
Appraisal
Payable to Given Associates
Check #81138 (4/26/05)
Survey
Payable to Peconic Surveyors, P.C.
Check #81208 (4/26/05)
Environmental Report
Payable to Nelson, Pope & Voorhis, LLC
Check #81366 (5/10/05)
Title Report
Payable to Stewart Title Insurance Co.
Check #79961 (4/14/05)
Fee insurance
Recording deed
Recording easement
$ 535.00
$ 200.00
$ 250.00
$ 56,000.00
$ 1,800.00'
$ 1,450.00'
$ 1,250.00*
$ 985.00
Title Closer Attendance Fee
Payable to Karen Hagen, Esq.
Check #79959 (4/14/05)
$ 100.00
*not paid at time of closing
Those present at Closing:
Susan Tuffs, Esq.
Timothy Caufield
Marian Sumner
Peter F. Harper
Rose Prestia-Cascado, Esq.
Patricia Finnegan, Esq.
Melissa Spiro
Melanie Doroski
Karen Hagen, Esq.
Attorney for Peconic Land Trust
Vice President, Peconic Land Trust
Director of Conservation Programs, PLT
Seller (to Peconic Land Trust)
Seller's attorney
Southold Town Attorney
Land Preservation Coordinator
Administrative Asst, Land Preservation
Title Company Closer
FIFTY
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD NEW YORK 11971-0959
SIX THOUSAND AND
00/100 DOLLARS
PREPAID
DATE CHECK NO
04/14/2005 79960
50-546
214
AMOUNT
$56,000.00
PAY TO
THE
ORDEF
OF
PECONIC LAND TRUST, INC.
296 HAMPTON ROAD
PO BOX 1776
SOUTHAMPTON NY 11969
"'O ? qqgo"' I:O ~ ~hOS~gh~:
VENDOR 016140 PECONIC LAND TRUST, INC.
O0¢Oh 0,'
04/14/2005 CHECK 79960
PNND & ACCONNT P.O.~
H3 .8660.2.600.100
INVOICE
041405
DESCRIPTION
AMOUNT
DEV RTS/HARPER .67 56,000.00
TOTAL 56,000.00
TOWN OFSOUTHOLD. SOUTHOLD NY 11971 0959
.GIVEN
ASSOCIATEs
PATRICK A. GIVEN, SRPA
box 5305 · 548 route 111 · hauppauge, n.y. 11788~0306
(631 ) 360-3474
FAX 360-3622
April 12, 2005
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee
53095 Main Road
Southold, N.Y. 11971
Property of Peter F. Harper, S.C.T.M. #1000-59-1-20.1
Located Northwesterly of Lake Drive, Southold, NY
File# 2005070
APR 1 3 2005
DEFT OF LAND
PRESERVATION
$1,800.00
GL108S 20 TOWN OF SOUTHOLD
** Actual
Vendor.. 007416 GIVEN ASSOCIATES LL
Y
dE Date Trx. Date Fund Account
............................. Begi
4/12/2005 4/12/2005 H3 °600
.. 4/12/2005 4/12/2005 H3 .600
,, 4/26/2005 4/26/2005 H3 .600
4/26/2005 4/26/2005 H3 .600
iYi 4/26/2005 4/26/2005 H3 .600
.. 5/10/2005 5/10/2005 H3 .600
.. 5/10/2005 5/10/2005 H3 .600
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-04262005-670 Line: 194 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 4/26/2005 SDT 4/26/05 :
: Trx Amount... 1,800.00 :
: Description.. APPRAISAL-HARPER :
: Vendor Code.. 007416 :
: Vendor Name.. GIVEN ASSOCIATES LLC :
: Alt Vnd.. :
: CHECK ........ 81138 SCNB :
: Invoice Code. 2005070 :
: VOUCHER ...... :
: P.O. Code .... 13906 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. M BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 4/26/2005 :
: Date Cleared. 4/30/2005 :
: F3=Exit F12=Cancel :
Nelson, Pope & Voorhis, LLC
572 Walt Whitman Road Phone: 631-427-5665
Melville NY 11747 Fax: 631-427-5620
Invoice
Property: 05090 Project:
Harper Property
Manager: McGinn, Steven
VA01771
Town of Southold Del~t of Land Preserv
Town Hail
53095 State Rt 25, PO Box 1179
Southold NY 1197l
Attention: Melissa A Spiro
Invoice #: 3180
Invoice Date: April 19, 2005
MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,250. O0
Contract Item #1: Prepare Phase I Environmental Site Assessment
Work Performed: 3/31 thru 4/6/05
Contract Amount: $1,250.00
Percent Complete: 100.00%
Fee Earned: $1,250.00
Prior Fee Billings: $0.00
Current Fee Total:
$1,250.00
GL108S 20 TOWN OF SOUTHOLD
** Actual
Vendor.. 014161 NELSON, POPE & VOOR
Y JE Date Trx. Date Fund Account
......................... Use Acti
.Y. 5/10/2005 5/10/2005 H3 .600
ect Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
W-05102005-771 Line: 209 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date .....
Trx Amount...
Description..
Vendor Code..
Vendor Name..
Alt Vnd..
CHECK ........
5/10/2005 SDT 5/10/05
1,250.00
HARPER/PHASE i REPORT
014161
NELSON, POPE & VOORHIS,
SCNB
81366
Addl.
: Invoice Code. 3180
: VOUCHER ......
: P.O. Code .... 13904
: Project Code.
: Final Payment F Liquid.
: Type of 1099. M BOX.
: Fixed Asset.. Y
: Date Released 5/10/2005 :
: Date Cleared. :
: F3=Exit F12=Cancel :
PECONIC SURVEYORS, PoCo
P.O. Box 909
1230 Traveler Street
Southold, N.Y. 11971
(631) 765-5020 · Fax (631) 765-1797
APRIL 19TH, 2OO5
MS. M. DOROSKI
TOWN OF SOUTHOLD
P.O. BOX 1179
SOUTHOLD NY 11971
FOR P~E~f~i~~ES RENDERED,
AMENDED
INVOICE
_RE: HARPER TO TOWN OF SOUTHOLD
SURVEY $950.00
MONUMENTS (3) 300.00
.TOTAL: $1~250.00
JOB/~05-144
SUFFOLKCOUNTY TAX MAPNO:
t000-59-01-20.1
BALANCE DUE UPON COMPLETION
OFSuRVEV
APR 1 9 2005
OEPl. OF LAND
PRESERVATION
GL108S 20 TOWN OF SOUTHOLD
** Actual
Vendor.. 016144 PECONIC SURVEYORS,
O_JE Date Trx. Date Fund
Account
........................ Use Acti
,Y,
7/31/2001 7/31/2001 H3 .600
8/28/2001 8/28/2001 A .600
6/03/2003 6/03/2003 H3 .600
12/02/2003 12/02/2003 H3 .600
3/23/2004 3/23/2004 H3 .600
5/04/2004 5/04/2004 H3 .600
5/04/2004 5/04/2004 H2 .600
11/30/2004 11/30/2004 H3 .600
4/26/2005 4/26/2005 H3 .600
4/26/2005 4/26/2005 H3 .600
CANNOT FORWARD. END OF FILE
Disbur$ Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-04262005-670 Line: 344 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 4/26/2005 SDT 4/26/05 :
: Trx Amount... 950.00 :
: Description.. SURVEY-HARPER-.67 ACRES :
: Vendor Code.. 016144 :
: Vendor Name.. PECONIC SURVEYORS, P.C. :
: Alt Vnd.. :
: CHECK ........ 81208 SCNB :
: Invoice Code. 05-144 :
: VOUCHER ...... :
: P.O. Code .... 13903 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 4/26/2005 :
: Date Cleared. :
: F3=Exit F12=Cancel :
GL108S 20 TOWN OF SOUTHOLD
** Actual
~dor.. 016144 PECONIC SURVEYORS,
Y JE Date Trx. Date Fund Account
......................... Use Acti
7/31/2001 7/31/2001
8/28/2001 8/28/2001
6/03/2003 6/03/2003
12/02/2003 12/02/2003
3/23/2004 3/23/2004
5/04/2004
5/04/2004
11/30/2004
4/26/2005
4/26/2005
5/04/2004
5/04/2004
11/30/2004
4/26/2005
4/26/2005
H3 600
A 600
H3 600
H3 600
H3 600
H3 600
H2 .600
H3 .600
H3 .600
H3 .600
Select Record(s) or Use Action Code
~!sbur$ Inquiry by Vendor Name
............ Detail--GL100N ..............
: W-04262005-670 Line: 345 Formula: 0 :
: Account.. H3 .600 :
: Acct De$c ACCOUNTS PAYABLE :
: Trx Date ..... 4/26/2005 SDT 4/26/05 :
: Trx Amount... 300.00 :
: Description.. 3 CONCRETE MONUMENTS :
: Vendor Code.. 016144 :
: Vendor Name.. PECONIC SURVEYORS, P.C. :
: Alt Vnd.. :
: CHECK ........ 81208 SCNB :
: Invoice Code. 05-144 :
: VOUCHER ...... :
: P.O. Code .... 13903 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 4/26/2005 :
: Date Cleared. :
: F3=Exit F12=Cancel :
RightFax 4/13/2005 9:40 PAGE 002/002 Fax Server
title insurance company
125 Baylis Road, Suite 201
MeMIle, NY 11 ;47
w~v.st ewafltiflernelville, corn
755 East Main Street
R &,erhead, NY 11~01
co~1-727-4~70 fax: 6~t~01-9623
NYSE: STC
INVOICE
TITLE NQ,: 25-S-0608
APPLICANT: Town of S~uthuld - La~d Preservation
PREMISES: 1920 Lake Drive,
Southalit, New York 11971
District: 1000 Section: 059.00
PURCHASER/BORROWER: Peconic Land Trust (fee title)
and Suathald Town Land
Preservation (developmental
DATE April 12, 2005 ~ /~_~.
CLOSING DATE: ,~ (ff
Block: 01.00 Lot: 020.001
Reference:
Fee lusur~ce $56,000.00 $535.00
Mortg~e Insurance
Misc.
I)~partraental Searche~ (Total)
Bankruptcies.
3-Day Recission
UCC-I Sea.rah County/State
New Survey By:
Survey Lo~t~./lnsp~ct/Service Cha~e
Endorsementa (see schedule)
Endo~ement To~l:
Survey Endomement *
M~rket Value Rider **
RECORDING FEE(s): Deed(s):
Mortgage(s):
SatisFaction(s):
A~o~eemeut(s): Easemoat
Other:
$200.00
L_ '~ $250.(10
Other:
NYS Trmtsfcr Tax
NYC PAnT Peconic Buy'Fax
Check (Mortgagee)
ESCROW - To Hold
- To P~),
Escrow Servic
TOTAL:
Subject to change/verification at closing
KECEIPTS
DIREC l Ct IECKS: AMO[ fN 1':
ENDORSEMENTS
- $25.00
B) Waiver (431) - $25.00
c) v~ (42o)- $25.00
D) Residential (436) - $25.00
E) Revotvin~ Credit (406) - *
F) s,,rvey (402) - *
G) Alta 9 (401) - *
H) Market Value Rider (408) - **
* 10% of Strai~t Mortgage Premium
* * l (P/. of Straisht Owner's Prenfium
DEPARTMENTAL FEES (per lot)
~C/O-
E/R-
SELLEPqs):.
BUYER(s):
AMOUN 1':
The recording/filing fees referenced on this invoice include Stewart Titles fees for processing the subject recordings/filings
NINE HUNDRED EIGHTY FIVE AND
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971-0959
DATE
04/14/2005
00/100 DOLLARS
PREPAID 4/14/05
.0.079961
THE SU~OLK COUNTY NATIONAL BANK
CHECKNO AMOUNT
79961 $985.00
PAYTO STEWART TITLE INSURANCE CO.
THE 125 BAYLIS ROAD, SUITE 201
ORDER
OF MELVILLE NY 11747
"'o?qq&l,,' '-'08~,t, OSl, Bl~¢ P,q, OOOOOl, O"'
VENDOR 019624 STEWART TITLE INSUP~CE CO. 04/14/2005
CHECK 79961
FUND & ACCOUNT P.O. ~
H3 .8660.2.600.100
H3 .8660.2.600.100
H3 .8660.2.600.100
13905
INVOICE DESCRIPTION AMOUNT
25-S-0608
25-S-0608
25-S-0608
DEED REC FEE-HARPER-T 200.00
DEV RTS REC FEE/HARPE 250.00
TITLE INS-HARPER-TOS 535.00
TOTAL 985.00
TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959
ONE HUNDRED AND 00/100 DOLLARS
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD, NEW YORK 119'71 0959
DATE
04/~4/2005
PREPAID 4/14/._05
uo. 079959
CHECK NO. AMOUNT
79959 $100.00
PAY TO
THE
ORDER
Of
KAREN HAGEN
2675 KERWIN BOULEVARD
GREENPORT NY 11944
II'O?:t~5~i~' ,.'OS~,L, OSL,~,~,,: &~. OOOOOt, O,'
VENDOR 007707 KAREN HAGEN
04/i4/2005
CHECK 79959
P.O.#
H3 .8660.2.600.100
INVOICE
041405
DESCRIPTION
AMOUNT
TITLE CLOSER-HARPER
TOTAL
100.00
100.00
TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959
R
S
M
E
N
T
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Number of Pages: 16
Receipt Number : 05-0045271
TRANSFER TAX NUMBER: 04-38606
District:
1000
~ed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
059.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
Received the Following Fees For Above Instrument
Exempt
Page/Filing $48.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert.Copies $0.00 NO RPT
SCTM $0.00 NO Transfer tax
Comma. Pres $0.00 NO
TRANSFER TAX NUMBER: 04-38606
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
04/27/2005
03:03:38 PM
D00012384
377
Lot:
020.001
Exempt
$5.00 NO
$15.00 NO
$0.00 NO
$3O.OO NO
$0.00 NO
$108.00
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf. #
Deed / Mortgage instrument
Deed / Mortgage Tax Stamp [ Recording / Filing Stamps
,I
Handling 5. 00
TP 584
Notation
EA 52 17 (Collllt))
EA~5217 (State)
R.ETS.A.
Comm. of Ed. 5. 00
Affidavit
Certified Copy
Reg Copy
Other
Sub Total
FEES
Sub Total
4 tJtstnct
Real
1.000 OBgO0 0100 020001
Property
Tax Setwice ,/p · ~'~,
Agency
Verification
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
//72
Mortgage Amt.
[. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add .........
TOT. MTG. TAX _
Dual Town __ Dual County
Trt~7~;; ,°rib xApp°intln e n t~
Mansion Tax
The property covered by this mortgage is
or will be improved by a ()ne or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # __ of this instrument.
Community Preservation Fund
Consideration Amount $'~2 ~'~
CPF Tax Due $ ~)
hnproved
Vacm, Lend
TD
TD
7 I Title Co~npany Information
Suffolk County Recording & Endorsement Page
This page forlns p~ut of the attuched ~ ¢k,O~ ~}~-~O'~-O/zfik:Tr~q--~t} 2tA~J~J~''jt~'C ~'gg"P~5
(SPECLFy TYPE Ot5 INSTRUMb}N~
Thc premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
h, the Township of ~0 ~/'~:~9 ~
In thc VILLAGE ,~
or IIAMLET of ~
BOXES 6 TIIRU 8 MUST BE TYI ED OR 1 P, INTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILLNG.
(over)
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the 14'h day of
April, 2005, between PECONIC LAND TRUST, INCORPORATED, having its principal
office at 296 Hampton Road, Southampton, New York 11968 (hereinafter collectively called
"Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal
office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (hereinafter called
"Grantee").
~TRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property located in the
Town of Southold, Suffolk County, New York, identified as SCTM #1000-59-1-20.1, more fully
described in SCHEDULE "A" attached hereto and made a part hereof and shown on the survey
prepared by Peconic Surveyors dated March 31, 2005, hereinafter referred to as the "Property";
and
WHEREAS, the Property is 0.67 acre and is located in the R-40 Zoning District of the
Town of Southold; and
WHEREAS, the Property is currently vacant open space; and
WHEREAS, the Property is included in the Town of Southold Community Preservation
Fund, Community Preservation Project Plan, as a parcel targeted for preservation under the
project area designated as Wetlands, Open Space and Scenic Areas; and
WHEREAS, the Property in its present scenic and open condition has substantial and
significant value as an aesthetic and natural resource since it has not been subject to any
development; and
WHEREAS, Grantor and Grantee recognize the value and special character of the region
in ;vhich the Property is located, and Grantor and Grantee have, in common, the purpose and
objective of protecting and conserving the present state and i~herent, tangible and intangible
values of the Property as an aesthetic, natural, and scenic resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial and has requested
Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to
Grantee in order to restrict the further development of the Property while permitting compatible
uses thereof;
NOW THEREFORE, in consideration of Fifty-Six Thousand ($56,000.00) Dollars and
other good and valuable consideration paid to the Grantor, the receipt of which is hereby
acknowledged, the Grantor does hereby graut, transfer, bargain, sell and convey to the Grantee a
Development Rights Easement, in gross, which shall be binding upon and shall restrict the
premises shown and designated as the Property herein, more particularly bounded and described
on Schedule "A" annexed hereto and made a part of this instrument.
TO HA VE AND TO HOLD said Development Rights Easement and the rights and
interests in connection with it and as hereinafter set forth with respect to the Property unto the
Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of
the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants, agreements,
provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes
upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal representatives, successors
and assigns, hereby covenants and agrees as follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the owner of the Property
described in Schedule "A", free of any mortgages or liens and possesses the fight to grant this
easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a municipal corporation
organized and existing under the laws of the State of New York State and is authorized under
Section 64 of the New York State Town Law and Section 247 of the New York General
Municipal Law to acquire fee title or lesser interests in land, including development rights,
easements, covenants, and other contractual rights which may be necessary or desirable for the
presmwation and retention of open spaces and natural or scenic resources.
0.03 Purpose
The parties recognize the environmental, natural and scenic values of the Property and
have the common purpose of preserving these values. This Deed is intended to convey a
Development Rights Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its character in perpetuity for its environmental, scenic, and natural values
by preventing the use or development of the Property for any purpose or in any manner contrary
to the provisions hereof, in fnrtherance of federal, New York State and local conservation
policies.
0.04 Governmental Recognition
New York State has recognized the importance of private efforts to preserve rural land in
a scenic, natural, and open condition through conservation restrictions by the enactment of
General Municipal Law Section 247. Similar recognition by the federal government includes
Section 170(h) of the Internal Revenue Code and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights Easement that present
uses of the Property are compatible with the purposes of this Easement. In order to aid in
identifying and documenting the present condition of the Property's natural, scenic, agricultural,
and aesthetic resources and otherwise to aid in identifying and documenting the Property's
agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses
and activities on the Property and ensuring compliance with the temps hereof, Grantee has
prepared, with Grantor's cooperation, a survey dated March 31, 2005, prepared by Peconic
Surveyors and an Environmental Site Assessment dated April 11, 2005, prepared by Nelson,
Pope & Voorhis, LLC.
0.06 Recitation
In consideration of the previously recited facts, mutual promises, undertakings, and
forbearances contained in this Development Rights Easement, the parties agree upon its
provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein called the "Easement").
This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights,
terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall
include any and all of those limitations, covenants, use restrictions, rights, terms and conditions.
1.02 Definition
"Development Rights" shall mean the permanent legal interest and right to prohibit or
restrict the use of the Property for anything other than open space as that term is presently
referenced in §247 of the General Municipal Law and/or defined in Chapter 6 and Chapter 59 of
the Town Code of the Town of Southold (the "Code").
1.03 Duration
This Easement shall be a burden upon and run with the Property in perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in the Property, and
shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal
representatives, successors and assigns, and all other individuals and entities. The word
"Grantor" when used herein shall include all of those persons or entities. Any rights, obligations,
and interests herein granted to Grantee shall also be deemed granted to each and every one of its
subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall
include all of those persons or entities.
ARTICLE TWO
SALE
GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to
Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby
accepts this Easement in perpetuity, and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and practices shall be
prohibited forever upon or within the Property:
3.01 Structures
Except as provided in Section 4.06, the construction or placement of residential,
commercial, industrial or other buildings, structures, or improvements of any kind or nature
(including, but not limited to mobile homes), pem~anent or temporary, on, over, or under the
Property, shall be prohibited. For purposes of this Easement, "structure" shall be defined as
anything constructed or erected on or under the ground or upon another structure or building,
including berms, driveways or xvalkways.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be necessary to construct and
maintain permitted structures and improvements on the Property, shall be prohibited, without the
prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or
subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place,
nor shall the topography of the Property be changed except to construct and maintain the
permitted structures and improvements on the Property and for purposes of erosion control and
soil management, without the prior written consent of Grantee.
3.03 Subdivision
The Property may not be further subdivided pursuant to Town Law Sections 265,276 or
277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable
State or local law. "Subdivision" shall include the division of the portion of the Property from
which the development rights are acquired into two or more parcels, in whole or in part.
Notwithstanding this provision, the underlying fee interest may be divided by conveyance of
parts thereof to heirs or next of kin by will or operation of law, or with written consent of the
Purchaser.
3.04 Dumpin~
The dumping or accumulation of unsightly or offensive materials including, but not
limited to trash, garbage, or chemical waste on the Property shall be prohibited.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited, except signs
whose placement, number, and design do not significantly diminish the scenic character of the
Property and only for any of the following purposes: (a) to state the name of the Property and
the names and addresses of the occupants, (b) to temporarily advertise the Property or any
portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or
(d) to announce Grantee's easement. Signs are subject to regulatory requirements of the Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines, utility poles, wires,
pipes, wells or drainage and septic systems not already in place on the Property shall be
prohibited without the prior written consent of the Grantee. Utilities must, to the extent possible,
be constructed within 30 feet of the centerline of roads or driveways, and must be used solely to
service the permitted structures.
3.07 Prohibited Uses
The use of the Property for any residential, commercial or industrial uses and structures
related to those uses, permanent or temporary, shall be prohibited.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or erosion or
pollution of any surface or subsurface waters shall be prohibited.
3.09 Drainage
The use of the Property for a leaching or sewage disposal field shall be prohibited. The
use of the Property for a drainage basin or sump shall be prohibited.
3.10 Development Rights
The use of the acreage of this Property for purposes of calculating lot yield on any other
Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights
(and any further development rights that may be created through a rezoning of the Property) on
the Property. The parties agree that one sanitary flow credit shall be transferred to the Town's
TDR Bank in accordance with Chapter 87 of the Southold Town Code. Alt other types of
development rights not transferable pursuant to Chapter 87 shall be terminated and extinguished
and may not be used or transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary
rights of ownership in the Property, some of which are more particularly described in this
ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for any purpose
consistent with and not prohibited by this Easement as well as applicable local, New York, State,
or federal law.
4.04 Landscaping Activities
Grantor shall have the right to continue the current modes of landscaping, pruning and
grounds maintenance on the Property. Grantor shall have the right to remove or restore trees,
shrubs, or other vegetation when dead, diseased, decayed or damaged, to thin and prune trees to
maintain or improve the appearance of the property, and to mow the property.
4.05 Structures
A. Allowable Improvements.
Grantor shall have the right to erect and maintain the following improvements on the
Property with the prior xvritten approval of Grantee, and as such approvals may be
required by the Town Board of the Town of Southold and the Town Land Preservation
Committee or its successor committee. These structures and improvements include:
(i) Underground facilities used to control stormwater runoff;
(ii) Fences, if placed so as not to block or detract from the scenic view; and
(iii) Trails for non-motorized vehicles or foot traffic only.
B. Environmental Sensitivity During Construction.
The use and location of any improvement permitted hereunder shall be consistent
~vith the purposes intended herein, and construction of any such improvement shall
minimize disturbances to the environment. Grantor shall employ erosion and sediment
control measures to mitigate any storm water runoff, including but not limited to minimal
removal of vegetation, minimal movement of earth and minimal clearance of access
routes for construction vehicles.
4.06 Notice
Grantor shall notif~v Grantee, in writing, before taking any action or before exercising any
reserved right with respect to the Property, which could adversely affect the environmental,
scenic and open space values, which are the subject of this Easement. This includes the
construction of any permanent or temporary structures as provided in Section 4.05 herein.
Grantor shall provide Grantee with complete documentation including information on the need
for and use of such structures, and architectural plans of any proposed structures, which are
subject to Grantee's approval. The request for approval shall describe the nature, scope, location,
timetable and any other material aspect of the proposed improvement or activity in sufficient
detail to permit Grantee to evaluate the proposal.
Approval, disapproval or comments of Grantee shall be given to Grantor within 45 days
after ali necessary documentation and infommtion is submitted to Grantee. If, after 45 days,
Grantor has not received any response from Grantee to snch submission, then Grantor shall
notify Grantee in writing that it has not received any rcsponse to such submission. If Grantee
fails to respond to such second notice within 10 days thereafter, then Grantee shall be deemed to
have approved Grantor's proposed action or request.
Whenever an action by Grantor requires the approval of Grantee, it is understood Grantor
must also obtain any required governmental approvals for the action.
Prior to the construction of those improvements or the exercise of the activities approved
by Grantee in accordance with this Section 4.05 hereof, Grantor agrees to notify Grantee in
writing of the intention to cxcrcisc such approval. The notice shall describe the nature, scope,
location, timetable, and any other material aspect of the proposed construction or activity in
sufficient detail to permit Grantee to monitor such construction or activity. When such
information was not previously provided to Grantee under the requirements of this Section 4.06
hereof, the notice shall also include information evidencing the conformity of such construction
or activity with the requirements of the applicable Sections under which the right is reserved
hereunder.
4.07 Alienability
Grantor shall have the right to convey, mortgage or lease all of its remaining interest in
the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any
conveyance of any interest in the Property, including the full name and mailing address of any
transferee, and the individual principals thereof, under any such conveyance. The instrument of
any such conveyance shall specifically set forth that the interest thereby conveyed is subject to
this Easement, without modification or amendment of the terms of this Easement, and shall
incorporate this Easement by reference, specifically setting for the date, office, liber and page of
the recording hereof. The failure of any such instrument to comply with the provisions hereof
shall not affect Grantee's rights hereunder.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and other goveramental or
municipal charges, which may become a lien on the Property, including any taxes or levies
imposed to make those payments. The failure of Grantor to pay all such taxes, levies and
assessments and other govermnental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemnif~v and hold Grantee harmless for any liability, costs, attorneys'
fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or
independent contractors arising from the physical maintenance or condition of the Property or
from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall
be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys'
fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent
contractors resulting: (a) from injury to persons or damages to property arising from any activity
on the Property, except those due solely to the acts of the Grantee, its officers, employees,
agents, or independent contractors; and (b) from actions or claims of any nature by third parties
arising out of the entering into or exercise of rights under this easement, excepting any of those
matters arising solely fi-om the acts of Grantee, its officers, employees, agents, or independent
contractors.
5.04 Grounds Maintenance and Annual Mowing Requirement
The Grantor shall continue the current modes of landscaping, pruning and grounds
maintenance on the propel~ty. Grantor shall remove or restore trees shrubs or other vegetation
when dead, diseased, decayed or damaged, and thin and prune trees as needed to improve the
appearance of the Property. In the event Grantor fails to comply with the provisions of this
section after reasonable notice is given to Grantor by Grantee, then, in addition to all other
remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property
to perform such maintenance.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable times, upon prior
notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment
of the Property, for the purpose of inspection to detemfine whether this Easement and its
purposes and provisions are being upheld. Grantee shall not have the right to enter upon the
Property for any other purposes, except as provided in Section 5.04, or to permit access upon the
Property by the public.
6.02 Restoration
Grantee shall have the right to require the Grm~tor to restore the Property to the condition
required by this Easement and to enforce this right by any action or proceeding that Grantee may
reasonably deem necessary. However, Grantor shall not be liable for any changes to thc
Property resulting from causes beyond the Grantor's control, including, without limitation, fire,
flood, storm, and earth movement, or from any prudent action taken by the Grantor under
emergency conditions to prevent, abate, or mitigate significant injury to persons or to the
Property resulting from such causes.
6.03 Enforcement Rights o f Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this
Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights
of Grantee hereunder at law or in equity, in the event any breach, default or violation of any
term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant
to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee
(which notice requirement is expressly waived by Grantor with respect to any such breach,
default or violation which, in Grantee's reasonable judgment, requires inm~ediate action to
preserve and protect any of the open space values or otherwise to further the purposes of this
Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's
election,
(i)
To institute a suit to enjoin or cure such breach, default or violation by temporary
and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to terminate or cure
such breach, default or violation and/or to cause the restoration of that portion of
the Property affected by such breach, default or violation to the condition that
existed prior thereto, or
(iii)
To seek or enforce such other legal and/or equitable relief or remedies as Grantee
deems necessary or desirable to ensure compliance with the terms, conditions,
covenants, obligations and purposes of this Easement; provided, however, that
any failure, delay or election to so act by Grantee shall not be deemed to be a
waiver or a forfeiture of any right or available remedy on Grantee's part with
respect to such breach, default, or violation or with respect to any other breach,
default or violation of any term, condition, covenant or obligation under this
Easement.
6.04 Notice
All notices required by this Easement must be ~vritten. Notices shall be delivered by
hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid
postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed
to Grantor's address as recited herein, or to such other address as Grantor nray designate by
notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its
principal office, recited herein, marked for the attention of the Supervisor and the Town
Attorney, or to such other address as Grantee may designate by notice in accordance with this
Section 6.04. Notice shall be deemed given and received as of the date of its mauual delivery or
the date of its tnailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the
effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in
exercising any remedy shall not constitute a waiver of any other remedy or rclief or the ose of
such other remedy or relief at any other time.
6.06 Extinguishment/Condemnation
This Easement gives rise to a property right and interest immediately vested in the
Grantee. For purposes of this Section 6.06, the fair market value of such right and interest shall
be equal to the difference, as of the date hereof, between the fair market value of the Property
subject to this Easement and the fair market value of the Property if unencumbered hereby. Such
difference, divided by the fair market value of the Property unencumbered by this Easement, is
hereinafter referred to as the "Proportionate Share". The Proportionate Share of this Easement is
94.5% as based on the Grantor's appraisal dated April 12, 2005.
in the event a material and potentially unforeseeable change in the conditions
surrounding the Property makes impossible its continued use for the purposes contemplated
hereby, resulting in an extinguishment of this Easement by a judicial proceeding, Grantor shall
pay to Grantee an amount equal to the Proportionate Share of the fair market value of the
Property as such time. In the event of a sale by Grantor to an unrelated person subsequent to such
extinguishment, or a transfer made on account of the exemise of the power of eminent domain,
the sale price or condemnation award shall establish fair market value. Absent such a sale, the
Property's fair market value shall be established by independent appraisal.
If all or any part of the Property is taken under the power of eminent domain by public
corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu
of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively
to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the
time of such taking to recover the full value of the interests in the property subject to the taking
and all incidental or direct damages resulting from the taking. All expenses reasonably incurred
by the parties to this Easement in connection with such taking shall be paid out of the recovered
proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered
proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with
the purposes of this Easement.
The respective rights of Grantor and Grantee set forth in this Section 6.06 shall be in
addition to, and not in limitation of, any rights they may have by law with respect to a
modification or termination of this Easement by reason of changed conditions or the exercise of
powers of eminent domain as aforesaid.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between its parties concerning its
subject matter. Any prior agreement between the parties concerning its subject matter shall be
merged into this Easement and superseded by it.
7.02 Amendment
This Easement is made with the intention that it shall qualify as a Conservation Easement
in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this
Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of
Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if
such amendment or amendments had been set forth herein.
This Easement may be amended only ~vith the written consent of Grantee and current
Grantor. Any amendment to this Easement must be approved by the Suffolk County Department of
Health Services, as the Easement involves a transfer of one (1) Sanitary Flow Credit. Any such
amendment shall be consistent ~vith the Purpose of this Easement and shall comply with the Town
Code or any regulations promulgated thereunder. Any such amendment shall be duly recorded.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated except pursuant to
Section 3.10 of this Easement and the provisions of Chapter 59 of the Town Code of the Town of
Southold, upon the adoption of a local law authorizing the alienation of said rights and interest,
by a majority vote of the Town Board of the Town of Southold, following a public hearing and,
thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the Town Code shall alter the limitations placed
upon the alienation of those property rights or interests, which were acquired by the Town prior
to any such amendment.
7.04 Severabilit¥
Any provision of this Easement restricting Grantor's activities, which is determined to be
invalid or unenforceable by a court of competent jurisdiction, shall not be invalidated. Instead,
that provision shall be reduced or li~nited to whatever extent that court determines will make it
enforceable and effective. Any other provision of this Easement that is determined to be invalid
or unenforceable by a court of co~npetent jurisdiction shall be severed from the other provisions,
which shall remain enforceable and effective.
7.05 Governing Law
Ne~v York Law applicable to deeds to and easements on land located within New York
shall govern this Easement in all respects, including validity, construction, interpretation, breach,
violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this Easement shall be
construed in favor of one of the parties because it was drafted by the other party's attorney. No
alleged ambigtfity in this Easement shall be construed against the party whose attorney drafted it.
If any provision of this Easement is ambiguous or shall be subject to two or more interpretations,
one of xvhich would render that provision invalid, then that provision shall be given such
interpretation as would render it valid mid be consistent with the purposes of this Easement. Any
rule of strict construction designed to limit tbe breadth of the restrictions on use of the Property
shall not apply in the construction or interpretation of this Easement, and this Easement shall be
interpreted broadly to effect the purposes of this Easement as intended by the parties. The
parties intend that this Easement, whicb is by nature and character primarily negative in that
Grantor has restricted and limited bis right to use the Property, except as otherwise recited
herein, be construed at all times and by all parties to effectuate its purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be intelpreted to grant, to the public
any right to enter upon the Property.
7.08 Warranties
The warranties and representations ~nade by the parties in this Easement shall survive its
execution.
7.09 Recording
Grantee shall record this Easement in the land records of the office of the Clerk of the
County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted solely for convenient
reference, and shall be ignored in its construction.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has
accepted and received this Deed of Development Rights Easement on the day and year set forth
above.
ACKNOWLEDGED AND ACCEPTED:
PECONIC LAND TRUST, INCORPORATED (Grantor)
By:
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD (Grantee)
By:
pervisor
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
ssi
On this 14th day of April, in the year 2005, before me, the undersigned, personally
appeared TIMOTHY CAUFIELD, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same iu his/her/their
capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the instrument.
Notary
Pub~/¢'- / I ""¥././~ ~.~ KAREN d. HAGEN
NOTARY PUBLIC, State of New York
No, 021qA4927029 _
Qualified in Suffolk County
Commission Expires March 21, 20 ~
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
ss:
On tiffs 14th day of April, in the year 2005, before mc, the undersigned, personally
appeared JOSHUA Y. HORTON, 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 instrumcnt 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
Public' ~
KIERAN M. CORCORAN
Notary Public, State of New Yod~
No. 02C06119838
Qualif ed n Suffolk County
Corem ss on Expires December 6,
SCHEDULE "A"
DESCRIPTION
ALL those certain two pieces or parcels of land, 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 northxvesterly side of Lake Drive where the same
is intersected by the easterly end of a curve connecting the northwesterly side of Lake
Drive with the northeasterly side of West Drive;
RUNNING THENCE northwesterly along said curve bearing to the right having
a radius of 25 feet, a distance along said curve of 30.98 feet;
RUNNING THENCE along the northeasterly side of West Drive north 38
degrees 32 minutes 40 seconds west 100.19 feet now or formerly of "Subdivision Map
made for Constantine P. Georgiopoulous";
THENCE along said land the following three (3) courses and distances:
1)
2)
3)
North 45 degrees 35 minutes 30 seconds east 139.30 feet;
South 44 degrees 24 minutes 30 seconds east 25.00 feet;
North 45 degrees 35 minutes 30 seconds east, 50.00 feet to land now or
formerly of Edna Benedetto and Donald Seaman
THENCE along said land south 44 degrees 24 minutes 30 seconds east, 163.36
feet to the northwesterly side of Lake Drive;
THENCE along said northwesterly side of Lake Drive, the following two (2)
courses and distances:
l)
2)
North~vesterly along an arc of a curve bearing to the fight having a radius
of 266.66 feet, a distance along said curve of 52.54 feet;
South 66 degrees 27 minutes 20 seconds west 142.19 feet to the point or
place of BEGINNING.
TOGETHER xvith all right, title and interest of the party of the first part, in and
to the land lying in the street in front of and adjoining said premises.
BEING AND INTENDED TO BE the same premises conveyed to Peter F.
Harper by deed recorded in the Suffolk County Clerk's office in Liber 12170 at Page 297
and then conveyed to the party of the first part by deed dated April 14, 2005, and
submitted for recording to the Suffolk County Clerk's office simultaneously this date
with deed of development rights casement.
D
E
E
D
SUFFOLK COUNTY CLKP, K
RECORDS OFFICE
RECORDING PAGE
Number of Pages: 4
Receipt Number t 05-00&5271
T~ANSFER TAX NUMBERt 04-38605 LI~= D00012384
PA~E~ 376
Dlatrict~ 8ection~ Bl~k~ Lott
1000 059.00 01.00 020.001
~D ~ ~ED ~ ~L~WS
~ed ~C: $220,000.00
Recordedt 04/27/2005
Att 03~03t38 PM
Received ~he Following Fees For Above Instru~aent
Page/Filing $12.00 NO Handling $5.00 NO
COE $5.00 NO N~$ SBCHG $15.00 NO
EA-CTY $5.00 NO EA-STATE $165.00 NO
TP-58& $5.00 NO Cert.Co~ies $0.00 NO
RPT $30.00 NO ~CT~ $0o00 NO
Transfer t~x $880.00 NO Co,ed. Pres $0.00 NO
Fees Paid $1,122.00
TRANSFER TAX N~BER= 04-30605
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Roma~ne
County Clerk, Su£folk Co~nty
'Number of pages
TORRENS
Serial #
Certificate #
Prior Cfi. #
Deed / Mortgage Instrument
31
Page / Filing Fe~
Handling 5. 00
Deed I Mortgage Tax Stamp
Sub Total
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Certified Copy
Reg. Copy Sub Total
4 District ~ecuon
Real
Verification ',
71 Title Company Information r
Suffolk COunty Rec0rdin & Endot sement'p ige-
This page forms pm of ~e at~ched ~ ~ m~e by:
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
· ~h [he VILLAGE
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(o~0
Recording / Filing Stamps
'{ Mortgage
Amt.
L Basic Tax
2. Additional Tax
Sub Total
Sp~cYAssit.
Spec. 1Add.
TOT. MTG. TAX
Dual Town -- Dual County
i Held for Appointment _
Tcansfer Tax ~:~"~
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
hr NO, see appropriate tax clau~e on
page # __ of this instrument.
Communlt~ Preservation Fund
Conaideration Amount $~)t
CPF Tax Due $ '. ~--
Improved __
Vacam Land
TD
TD
BARGAIN AND SALE DEED
WITH COVENANT AGAINST GRANTOR'S ACTS
THIS INDENTURE, made ~¢ ~ Oy of Aprik 2005
BETWEEN
PETER F. HARPER, having an address of 48 Drummer Road, Acton, MA, 01720 .pan-/of the
first pan, and
PECONIC LAND TRUST, INCORPORATED, having an address of 296 Hampton Road,
Southampton, NY 11968, party of the second part.
WITNESSETH, that the party of the first part, in consideration ofTen Dollars and
other valuable consideration paid by the party of the second part, does hereby grant
and release unto the party of the second part, the heirs or successors and assigns of
the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and being more particularly described on Schedule A
attached here to and made a part hereof.
SAID PREMISES having the street address 1920 Lake Drive, Southold, NY.
BEING THE SAME PREMISES AS THE PREMISES CONVEYED TO THE
PARTY OF THE FIRST PART BY DEED DATED 12/6/01 recorded 2/21/02 IN
LIBER 12170, PAGE 297.
TOGETHER with all right, title and interest, if any, of the party of the first par( in and to any streets
and roads abutting the above described premises to the comer lines thereof; TOGETHER with the
appunanances 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 pan forever.
AND the party of the first part covenants that the parly of the first pan has not done or suffered
anything whereby the said premises have been encumbered in any way whatever, except as aforesaid.
~ the garty_ 9.f the first part in compliance with Section 13 of tho Lien Law, covenants that the
pa?fy of~t. he first part w~!l r~e,!ve~e cons~deranon for th~s conveyance and wfi! hold the right to
reeeiy, e,%t~h.q.~fisi,deration as a trust fund to be applied first for the purpose of paying tho cost of the
imp~'~i~gtl~s.~.dlv(.!l.a.p, ply th%4tame first to the payment of the cost of the improvement before
using any pari of the total of the same for any other purpose.
The word "parl~" shall be construed as if it read "parties" whenever the sense of this indenture so
requires.
STATE OF NY )
) SSA
COUNTY OF SUFFOLK )
On the/ (7~/day of April, 2005 before me, the
undersigned, a Notary Public, in and for the said State,
personally appeared PETER F. HARPER personally
known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose
name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same
in his/her/ their capacities, and that by his/her/their
signature(s) on the instrument, the individuals, or the
person upon behalf of which individual(s) acted,
executed the instrument.
KAREN J. HAGEN
NOTARY PUBLIC, State of New York
No, 02HA4927029
Qualified in Suffolk County ~ ~)
Commission Expires March 2% 20 ,,.
BARGAIN AND SALE DEED
With Covenant Against Grantor's Acts
Title No.
PETER F. HARPER
TO
PECONIC LAND TRUST,
INCORPORATED
DISTRICT 1000
SECTION 059.00
BLOCK 01.00
LOT 020.001
COUNTY OR TOWN
LINDENltURST, SUFFOLK
STREET ADDRESS: 1920 Lake
Drive, Southold, NY
RETURN BY MAIL TO:
Susan QuinnTuths, Esq.
Tuths and Tuths, Esqs.
77 Hampton Road
Southampton, NY 11968
Stewart Title Insurance Company
Title No: 25-S-0608
Policy No.: 0-8831-328435
Schedule A Description
ALL those certain two pieces or parcels of land, 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 northwesterly side of Lake Drive where the same is
intersected by the easterly end of a curve connecting the northwesterly side of Lake Drive with
the northeasterly side of West Drive;
RUNNING THENCE northwesterly along said curve bearing to the right having a radius
of 25 feet, a distance along said curve of 30.98 feet;
RUNNING THENCE along the northeasterly side of West Drive north 38 degrees 32
minutes 40 seconds west 100.19 feet now or formerly of "Subdivision Map made for Constantine
P. Georgiopoulous";
THENCE along said land the following three (3) courses and distances:
North 45 degrees 35 minutes 30 seconds east 139.30 feet;
South 44 degrees 24 minutes 30 seconds east 25.00 feet;
North 45 degrees 35 minutes 30 seconds east, 50.00 feet to land now or formerly of Edna
Benedetto and Donald Seaman
THENCE along said land south 44 degrees 24 minutes 30 seconds east, 163.36 feet to the
northwesterly side of Lake Drive;
THENCE along said northwesterly side of Lake Drive, the following two (2) courses and
distances:
Northwesterly along an arc of a curve bearing to the right having a radius of 266.66 feet, a
distance along said curve of 52.54 feet;
South 66 degrees 27 minutes 20 seconds west 142.19 feet to the point or place of BEGINNING.
T
I
T
L
E
P
0
L
I
C
Y
ALTA OWNER'S POLICY- 10-17-92
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE®
INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of insurance stated in
Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the
extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title insurance Company has caused this policy to be signed and sealed by its duly authorized
officers as of the Date of Policy shown in Schedule A.
STEWART TITLE®
Secretary
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded flom the coverage of this policy and the Company will not pay loss or damage, costs, aHomeys' fees or expenses which arise by Ieason
1. (a) Any law, aldinance al governmental regulation (iucluding but not limited to building and zoning laws, ordinances, or regulations) resUicting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or JocaDon of any implovement now al hereafi'er erected on the land; (iii) o sepalation in
ownership or a cDange in the dimensions m oma al the land or ony parcel of which the land is or was o park m (iv) environmental protection, or the effect of any violation of these
laws, ordinances or governmental iegulations, except to the extent that a notice of the enforcement tbemoJ or o notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records et Dote of Policy.
(h) Any governmental police power not excluded by (a) above, except to the exqent that a notice of lhe exercise thereat or a notice of a de[ed, lien or encumbrance resulting
[rom a violetion al al/aged violation aCCeding the land has been recorded in the pubbc records at Date of Policy
2 Rights of eminent domain unless notice of the exercise thereof has been recmded in the public records at, Date of Policy, bul not excluding flora covelage any taking which has
occurred prior fo Date of Policy which would be binding on lbo rights of a purchaser Col value without knowledge
3 Defect% lien% encumbrance% adverse claims or othe~ matters:
(a) created, suffeled, assumed al agreed to by the insured claimoul;
(b) not knowe to ffm Company, not recmded in tile public recolds at Date of Policy, hal kuown to the insured claimant and not disclosed in writing to the Company by the
insured daimant prior to the date the insured claimant became on iusumd under this policy;
(c) lesuJting in no Joss or danlage to the insured daialonl;
(d) attaching or created subsequent to Date of Policy; or
(e) resulDng in loss or dan/age which would not have been sustained lithe insored daimoal had paid value for lhe estate or iuterest insured by this policy.
4. Any claiol which elises out of the transaction vesting iu the lesared tile estate or interest insured by this policy, by reasou of Dm operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, lhat is based mi:
(a) the ttansacDon creating the estate m intelest insured by this pobcy huglg deenled a fraudulent conveyance or flnudulm/t aaosfer; or
(h) tbe transocDon creating the estale or intelest insuled by this policy being deemed a pleferential transfer except whom the preferential ttoos[el results from tbe fadme:
(i) to DmeJy recold the instrument of transfer; or
(ii) of such recordation ~o impolt oolite to a pulchnser fm value m a judgment or lien creditor
0-8831- 328435
NYO01 (10 1792)
Phone:
Stewart Title Insurance Company
125 Baylis Road Suite 201
Melville New York 11747
(631) 501-9615 Fax: (63D 501-9623
Date: April 13, 2005
Title No: 25-S-0608
Melissa A. Spiro
Town of Southold - Land Preservation
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
RE: Borrower/Current Owner: Peconic Land Trnst (fee title) and Southold Town Land
Preservation (developmental rights')
Premises: 1920 Lake Drive
Southold, New York 11971
Reference:
In reference with the above captioned transaction, enclosed please find the following:
Owners Title Policy
NOTE: Any corrections or questions, please do not hesitate to call.
ALTA OWNER'S POLICY
SCHEDULE A
Title No.: 25-S-0608
Date of Policy: April 14, 2005
Policy No.: 0-8831-328435
Amount of Insurance: $56,000.00
I. Name of Insured: County: Suffolk
Peconic Land Trust (tee title) and Southold Town Land Preservation (developmental rights)
2. The estate or interest in the land described herein and which is covered by this policy is:
Easement
3. Title to the estate or interest in the land is vested in:
Peconic Land Trust (fee title) and Southold Town Land Preservation (developmental rights), who
acquired development rights by virtue of a easement from Peter F. ltarper, dated and to be recorded in
the Sufiblk County Clerk's/Register's Office.
4. The land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
District: 1000
Section: 059.00
Block: 01.00
Lot: 020.001,
4612 (7/93)
Page 2
STEWART TITLE
INSUI~,NCE COb'IP^NY
Stewart Title Insurance Company
Title No: 25-S~0608
Policy No.: 0-8831-328435
Schedule A Description
ALL those certain two pieces or parcels of land, situate, lying and being in the Town of
Southold, County of Suffolk and State of New York, bounded and described as folloxvs:
BEGINNING at a point on the northwesterly side of Lake Drive where the same is
intersected by the easterly end of a curve connecting the northwesterly side of Lake Drive with
the northeasterly side of West Drive;
RUNNING THENCE northwesterly along said curve bearing to the right having a radius
of 25 feet, a distance along said curve of 30.98 feet;
RUNNING THENCE along the northeasterly side of West Drive north 38 degrees 32
minutes 40 seconds west 100.19 feet now or formerly of"Subdivision Map made for Constantine
P. Georgiopoulous";
THENCE along said land the following three (3) courses and distances:
North 45 degrees 35 minutes 30 seconds east 139.30 feet;
South 44 degrees 24 minutes 30 seconds cast 25.00 feet;
North 45 degrees 35 minutes 30 seconds east, 50.00 feet to land now or formerly of Edna
Benedetto and Donald Seaman
THENCE along said land south 44 degrees 24 minutes 30 seconds east, 163.36 feet to the
northwesterly side of Lake Drive;
THENCE along said northwesterly side of Lake Drive, the tbllowing two (2) courses and
distances:
Northwesterly along all arc of a curve bearing to the right having a radius of 266.66 feet, a
distance along said curve of 52.54 feet;
South 66 degrees 27 minutes 20 seconds west 142.19 feet to the point or place of BEGINNING.
ALTA OWNER'S POLICY
SCHEDULE B
No.: 25-S-0608 Policy No O-8831-3284_35
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees
or expenses) which arise by reason of:
1. Variation between Record Description and the Land and Tax Map.
2. Policy will except the terms and conditions of the Grant of Development Rights Easement / Conservation
Easement to be executed by the grantor and the Southold Town Land Preservation.
3. Subject to water charges, if any.
4. Survey made by Peconic Surveyors, P.C., dated 03/31/2005, shows premises as unimproved vacant land. (a)
Edge of wetlands and wetlands shown thereon. No variations or encroachments shown.
4613 (2/93 Page 3
STEWART TITLE
INSURANCE CONIPANY
STEWART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
TitleNo.: 25-S-0608
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
ATTACHED TO AND MADE A PART OF POLICY NUMBER
O-8831-328435
l. The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien tbr services, labor or material furnished prior to the date hereof, and which has now gained or which
may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy."
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also
cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated.
This endorsement, when countersigned below by a validating signatory, is made a part of tile policy and is sul~ject to the Exclusions
from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereo£
Signed on April 14~ 20(15
Stewart Title Insurance Company
Signed by:
Authorized Office or Agent
Stewart Title Insnrance Compan)r
125 Ba,',rlis Road Suite 201
New York 11747
[gent No.: 327005
STEWART TITLE
INSURANCE COMPANY
STANDARD NI-W YORK ENDORSEMENT (9/I
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The follewing terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subied to any rights or defenses
atCompany would have had against the named insured, those who succeed to the interest
he named insured by operation of law as distinguished from purchase including, hul not
limited to, heirs, distrihutees, devisees, sumJvors, personal representatives, next of kin, or
corporate or fiduciary successors.
(h) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice
which may be imputed to an insured by reason of the public records as defined in this policy
or any other records which impart constructive notice of maHels affecting the land.
(d) "land"; the land described or referred to Jn Schedule A, and improvements affixed
thereto which by law constitute mai properly. The term "land" does not include any ploperty
beyond the lines of the area described or refer~ed to Jn Schedule A, nor day riehl title,
interest, estate or easement in ahuHing streets, roads, avenues, alleys, lanes, ways
waterways, hut nothing herein shall modiJy or limit the extent to which a right of access to
and from the land is insured by this policy.
(e) "mortgage": modgage, deed of ttust, trust deed, or other security instrument
(f) "public records": records established under state statutes at Date of Policy for the
purpose of imparting constructive notice of mailers relating to real properly to purchasers for
value and without knowledge. With respect to Sedion ](a)(iv) of the Exclusions From
Coverage, "public records" shall also include environmental protection liens filed in the
records of the clerk of the United States distrid court for the district in which the land is
located.
(g) "unmarhetahilih/of the title": an alleged or apparent mailer afJecting the title to
the land, not excluded al excepted from coverage, which would entitle a purchaser of the
estate or interest described in Schedule A to he released from the obligelion to purchase by
virtue of a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of gate of Policy in favor of an
insured only so tong as the insured retains an estale or interest in the land, al holds an
Ooehtedness secured by a purchase money modgage given by a purchaser from the insured,
ely so long as the insured shall have Jiahdi~/by ieasen of covenants of warranh/made by
the insured in any transfol or conveyance of the estate or interest This policy shall not
continue in folce in favor of any purchaser from the insured of either (i) afl estate or interest
in the land, or (ii) an indebtedness secured by a purchase money alortgage given to the
insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAI~NT.
The insured shall notify the Company promptly in writing (i) in case of any litigation as
set forth ia Sedion 4(a) below, (ii) in case knowledge shall come to an insured hereunder of
any claim of title or interest which is adverse to the title to the estate or interest, as insured,
nad which might cause loss or damage for which the Company may be liable hy virtue of lhis
policy, or (iii) if title to the estate or interest, as insured, is rejeded as unmarhelable, ff
prompt notice shall not he given to the Company, then as to the insured all liability of the
Company shall terminate with repaid to the matter or mailers fei which prompl notice is
requiled; provided, However, that failure to aotify the Company shall in no case prejudice the
rights of any 7nsured under this policy unless the Company shall he prejudiced by the fodam
end then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUlY OF IPlSURED CLAIMANT TO
COOPERATE.
(a) Upon wriHen request by the insured and subject to the options contained in Section
6 of these Conditions and Stipulations, the Company, at [ts own cosl and without
unreasonable delay, shall provide fei the defense of an insured in litigation in which any third
party asserts a claim adverse to the title or intemsl ns insured, hut only as to those stated
causes of action alleging a defect, lien al encumbrance al other mailer insured against by this
policy The Coolpany sherl have the right to seJecl counsel of its own choice (subject to the
right of the insured to object for reasonable cause) to represent the insured as Io those stated
causes of action and shall eel be liable for and will not pay the fees of any other counsel
File Coaqpaay will not pay any tees, costs or expenses incurred by the insured in the defense
Ohose causes of action which allege matters not insured against hy this policy
(h) The Coo/pany shall have the right, at its own cost, to institute and prosecute arly
action or proceeding or to do ally other act which ill its opinion may he necessary al desirable
to establish the title to the estate or interesl, as insured, ar to prevent o/reduce Joss m
damage 1o the insured. The Company may take any appropriate action under the terms
this policy, whether or not it shall he liable hereunder, and shall not thereby concede
or waive any provision of this policy If the Corrlpany shall exmcise it lights under this
paruglaph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense as
required or permitted by the provisions of this policy, the Company may pursue any litigation
to final determination by a court of competent jugsdidJon and expressly reserves lhe right, in
its sole discretion, to appeal from any advelse judgment or older.
(d) In all cases where this policy permits or requires the Company to prosecute or
provide for the defense of any action or proceeding, the insured shall secure to the Company
the right to so prosecute or provide defense in the action or proceeding, and all appeals
therein, end pelmit the Company to ese, at its option, the name of the insured for this
purpose. Whenever requested by the Company, the insulnd, at the Company's expense, shall
give the Company all masenahle aid (i) Jn any action or proceeding, securing evJdeuce,
obtaining witnesses, prosecuting al defending the action or proceediag, or nftecgng
setiJelllenl, and (ii) in any other lawful acl which in the opinion of the Company may be
necessary or desirable to establish tile title to the eslate al interest as insured. If the
Company is prejudiced by the failure of the insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall telmJaate, including any liability
or obligation to defend, prosecute, or continue any htigation, with regard to the matter al
matiem requiring such coopelation.
5. PROOF OF LOSS OR BAMA6E.
In addition to and after the notices required under Section 3 of these Conditions and
Stipulations have been provided the Company, a proof of loss or damage signed nod sworn to
by lhe insured claimant shall he furnished to the Company within 90 days after the insured
claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the defect in, or lien or encumbrance on the title, or other matter
insured against by this policy which constitutes the basis of loss or damage and shall state, to
the extent possible, tile basis of calculating the amount of the 1ass or damage. If the
Company is prejudiced by the failure of the insured claimant to provide the required proof of
loss or damage, the Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, al continue any litigation, with
regard Io the matter or maHels requiring such proof of loss or damage.
In addition, the insured claimant may reasonably he required to submit to examination
under oath by any authorized repmsentative of the Company and shall produce for
examination, inspection and copying, at such reasonable times and places as may be
designated by any authorized repmsenlative of lhe Company, all recolds, books, ledgem,
checks, correspoadence and memoranda, whether bearing a date hetom al after gate of
Policy, which reasonably pertain to the loss al damage. Furihel, Jf requested by any
authorized representative of the Cmepany, the insured cJaimm;t shall glaui its pemlission, in
wilting, for any authorized representative of the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and memoranda in the custody or conttol of a
third pur'~, which reasonably pertain to the Joss or damage Afl information designated as
confidential by the insured claimant provided 1o the Company pursuant to this Section shall
not he disclosed 1o o~hers unless, U/the reasonable judgalent of the Company, fl [s necnssacy
ia the administration of the claim. Failure of the insured claimant to submit for examinalion
undm oalh, produce other reesoaahJy requested informalion al grant permission to secure
reasonably necessary information from third parties as required in this paraglaph shall
terminate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
Jn case of a claim under this policy, the Company shall have the following addJliorial
options;
(o) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender paymerll of the an/anal Of insurance undel this policy togethm w[lh arty
costs, unomeys' fees and expenses incurred hy the insured claimant, which were authorized
by the Company, up to lhe time of payment or leader of payment and which lhe Company is
obligated to pay
Upon lhe exercise by tile Company of this option, ali liahilih/and ohligulioas 1o the
insured under this policy, other than to make the payment required, shall lerminate,
q/eluding any liahilih/or obligation to defend, prosecute, al continue any litigatiarl, and the
policy shall he surrendered to the Con/pony for cancallalion
(h) Tu Pay ar Otherwise Settle With Parties Other than the Insured et With the
Insured Claimant.
(i) to pay or othe/wise settle wilh other parties for or ia the name oF aa insured
claimant any claim insured against undm ibis policy, together wJlfl any costs, attorneys' fees
and expenses iacmred by lhe irlsumd claimant which were authorized by lhe Con/pony ap ~o
the time of pnymenl and which lhe Company is obligated 1o pay; or
(ii) to pay or otherwise settle wgh the insmed cloimm/t tim loss or dmllage
provided fei under this policy, together with any costs, attorneys' fees and expenses incurred
by the insured claimant which were authorized by lhe Company up to lhe time oJ puynlent
and which the Company is obligated to pay.
IconUnued and concluded on last oaoe of this oolicvl
bUflUI I IUri~J RflU ~; I II'ULR I IUri~ t;ontlnueo
(continued and concluded Ir(m1 reverse side of Policy Face)
Upon the exercise by the Company of either of the options provided for in paragraphs
(h)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or
damage, other than the payments required to be mede, shall terminate, including any
liobilily or ohligatioe to defend, prosecute or continue any litigation. DB'ERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnil? against ndual monetary loss or damage sustained
or incurred by the insured claimant who has suffered loss or damage by lanson or matters
insured against by this policy cod only to the extent herein described.
Ca) The liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A; m,
(ii) the difference hetween the value of the insured estate or interest as insured
end the value of the insured estate m inlerest subied to the defect, lien o? encumbrance
insured against by this policy.
Cb) lo the event the Amount of Insurance stored in Schedule A at the Date of Policy is
less than 80 percenl of the varue of tile insured estate or interest or the full consideration paid
for the estate or interest, whichever is les.s, or if subsequent to the Cate of Policy en
improvement is erected on the land which increases the value of the insured estate or interest
by at least 20 percent over the Amount er Insurance stated in Schedule A, then this Policy is
subject to the following:
(i) where no subsequent improvement has been made, as to any partJcl Joss, the
Company shall only pay the loss pro rata in the proportion that the amount of insurance at
Dote of Policy bears to the total value of the insured estate or interest at Cate of Policy; or
(ii) where a subsequent improvement has been made, as to any partial loss, the
Company shall only pay the loss pro iota in the proportion that 120 percent of the Amount of
Insurance stated in Schedule A bears to the sum of the Amount of insurance stated in
Schedule A and the amount expended fei the improvement
The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for
which the Company is liable undel this policy, and shall only apply to that portion of any loss
which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated Jn Schedule A.
Cc) The Company will pay only those costs, aHomey's fees and expenses incurred in
accordance with Section 4 of these Conditions and Stipulations
8. APPORTIONMENT.
If the land described in Schedule A consists of lwo or more parcels which are not used as
igle site, end a loss is established affeding one or more of the parcels but eel nil, the loss
shall he computed and settled on a pro rata basis as if the cmount of insurance under this
policy was divided pro rata as to the value on Date of Po[icy of each separale parcel to the
whole, exclusive of nay improvements made subsequent Io Cate of Policy, on Jess e liability or
value has otherwise been agreed upon os to each palcel by ~he Company and the insured at
the time of the issuaece of thio policy and shown by an express statement or by an
endorsement aHached to this pohcy.
9. LIMITATION OF LIABILIff.
Ca) If the Company establishes the title, nl removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or ftgm the land, or cures the claim of
unmarketabJbly of title, all as insured, Jno reasonably diligent manner by any method,
including litigation and the completion of any appeals therefrom, it shall have fully performed
ils obligations with respect to that matter nod shall not be liable for any loss or damage
caused thereby.
Cb) In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company shall hove no liability for loss ar damage nntil there has
been a finnr determination by n court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the Dtle as insured
Cc) The Company shall not be liable for loss or dmrlage to any insured for liobilil?
voluntarily assumed by the insured in settling any claim m sug without the prior writtee
consent or the Company.
10 REDUCTION OF INSURANCE; REDLICl'ION OR TERMINATION OF LIABILIff.
All payments under this policy, except payments made for costs, attorneys' fees aad
expenses, slmll reduce the amount of the insurance pro tanto.
11 LIABILI]? N 0 ff ClJMULATIVE.
It Js expressly undelstoad tbel lbo oleount or ]nselaace orlder lhis policy shall be reduced
any umamtt tile Company may pay under any polky Jnsunng e mortgage to which
is taken in Schedule B or to which the insured has agreed, assumed, m laken
or which is hereafter executed hy ae insured aad wbJcb [sn charge ar lice on the
estate al ialemst described or referled to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured ownm.
12. PAYMENT OF LOSS.
Ca) No payment shall be triode without produciag this policy for eadorsenierrt of the
payment unless the policy has been lest al destroyed, icl which case ploaf of loss or
deshucDon shall be furnished to tbe satisfaction of the Company.
Cb) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be payable
within 30 days thereafter.
13. SUBROGATION UPON PAYMENTOR SEITLEMEI4'f.
Ca) The Company's qRight of Subrogation.
Whenever the Company shall have settled oed pcid a claim under this policy, all right cf
subrogation shall vest in the Company unaffeded by any act of the insured claimant.
The Company shall he subrogated lo and he entitled to all rights and remedies which the
insured claimant would have had against any person el properly in resped to the cleim had
this policy not been issued. If requested by the Company, lhe insured claimant shall transfer
to the Company all rights and remedies against any poison or properly necessary in order to
per~ect this right of subrogation. The insured claimant shall permit the Company to sue,
compromise or settle in the name of the insured claimant and to use the name of the insured
daJmant in any transaction or litigation involving these rigbt~ al remedies.
If a pcyment on account of a claim does not fully covef the loss of the insured claimant,
the Company shall be subrogated te these rights and remedies in the proputtion which the
Company's payment bears to the whore amount of the loss.
If loss should result from any act cf the insured claimant, as stated above, that act shall
nol void this policy, but the Company, in that event, shall be required tn pay ooly that part of
any losses insured against by this policy which shall exceed the amount, if any, lost to the
Company by reason of the impairment by the insured claimant of the Company's right of
submgotiom
(h) The Company's Rights Against Non-iasured Obligois.
The Company's right of subrogation against non-insured obligors shall exist and shall
include, without limitation, the rights of the insured to indemnities, guaranties, other policies
of insurance or bonds, notwithstanding any terms or conditions contained in those
instruments which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may demand
arbitration pursuant to the Title Insurance Arbitration Rules of the American AihJtlaticn
Association. ArbUrabJe matters may include, hut ere not limited to, any controvnlsy or claim
between the Company end the insured arising out or m relating lo this policy, any service of
the Company in connection with its issuance or the breach of a policy plovisJan or otlmr
obligation. All nrhittoble matters, when the Amount of Insurance is $1,000,000 or less shall
he arbitrated at the option of either the Company or the insured. All orbitreble matters when
the Amount of Insolence is in excess of S],O00,O00 shall be arbitlated only when agreed to
by both the Company and the insured Alhitration pursuant to this policy and under the Rules
in effect on the date the demand for alhitration is mode or, at the eptioo of the insured, the
Rules in effect at Dnte of Policy shall be binding upon the parties The award may include
attorneys' (ecs only if the Jaws of the state in which the land is located pelmit a court to
awald attorneys' fees to a prevailing pa~. Judgment upon the award rendered by the
Arbitrator(s) may he entered in any cnult having jnrisdiction thereof.
The law of the situs of the land shall apply tn an arbihatinn under the Title Iosulance
AIbitmtJon Rules.
A copy of the Rules may be obtained from the Company upoe request.
15. LIABILIff LIMITRC TO THIS POLICY; POLICY EI'ITIRE CONTRACT.
Ca) This policy together with all endorsements, if any, aHcched hereto by the Company
is the entire policy and contract between the insured and the Company. In interpreting any
provision of this policy, this policy shall be construed as a whole.
Cb) Any claim of loss or damage, whether or not based on negligence, and which OliSes
out o( lbe status or the CtJe to lhe estate or interest covered hereby or by any action asserting
such claim, shall be restricted to this policy.
Cc) No amendment of al endomenlent to this policy can ha made except by a writing
endomed haman el nitached hereto signed by eithel the President, a Vice President, the
Secretary, an Assistant Secletnry, or validating officel or authorized signatory of the Company
16. SEVERABILI'ff.
la the evenl any provision of the policy is held invalid al unenforceable ondel applicable
law, the policy sbnJl he deemed not to include that provision and all other provisions shall
mineD/o/full force and effect
JY NOTICES, WHERE SENT.
All helices required to be given the Company and any stolement in writing required to be
fumislled the Company shall iacJade Nm narnher of Cgs policy and shalt be addressed to tile
Cmnpaey at 300 East 42 nd Streeh New York, New York 100] 7
STE%rAI~T TITLE®
STEWART TITLE®
POLICY
OF
TITLE
INSURANCE
STEWART TITLE®
300 East 42nd Street
New York, New York 10017
STEWART TITLE®
POLICY
OF
TITLE
INSURANCE
STEWART TITLE®
300 East 42nd Street
New York, New York 10017
STEWART TITLE®
POLICY
OF
TITLE
INSURANCE
S T E%~ART TITLE®
300 East 42nd Street
New York, New York 10017
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765~6145
Telephone (631) 765-1800
southoldtown.nort hfbrk.ncl
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 244 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON APRIL 26, 2005:
WHEREAS, on April 14, 2005, the Town of Southold purchased a Development Rights
Easement on the parcel owned by the Peconic Land Trust, formerly owned by Peter F. Harper;
an
WHEREAS, said property is identified as SCTM#I000-59-1-20.1 and 1920 Lake Drive,
Southold, New York; and
WHEREAS, said property is 0.67 acres, as per a survey completed by Peconic Surveyors, P.C.
on March 31, 2005; and
WHEREAS, said property is located within the Low-Density Residential R-40 Zoning District;
and
WHEREAS, said property is located within the Southold School District; and
WHEREAS, the Development Rights Easement recorded as part of the purchase prohibits the
use of the property for any residential, commercial or industrial uses and prohibits the use of the
property for anything other than open space purposes; and
WHEREAS, as per Section 87-5 (Determination of Sanitary Flow Credit to be Deposited in the
TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board
with a calculation of the sanitary flow credits available for transfer from the above-mentioned
parcel prior to the Town Board public hearing on the purchase; and
WHEREAS, the Land Preservation Coordinator provided the Town Board with a final
calculation of the sanitary flow credits available for transfer from the above-mentioned parcel
following the closing on the parcel; and
WHEREAS, one (1) Sanitary Flow Credit is available to be placed into the Town TDR Bank as
a result of this purchase; be it therefore
RESOLVED that the Town Board of the Town of Southold hereby places one (1) sanitary flow
credit into the Town TDR Bank from the Town's purchase of the development rights
easement on the parcel owned by the Peconic Land Trust, formerly owned by Peter F. Harper
and, be it
FURTHER RESOLVED that the Town Clerk shall enter this transfer of one (1) sanitary flow
credit into the Sanitary Flow Credit Log; and, be it
FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors
Office, the Land Preservation Department, the Special Projects Coordinator, the Suffolk County
Department of Health Services and the Planning Department for inclusion into the Town
database and GIS system.
Elizabeth A. ]Neville
Southold Town Clerk
PECONIC LAND TRUST (Harper)
to
TOWN OF SOUTHOLD
SCTM #1000-59-1-20,1
920 Lake Drive, Southold
April 14, 2005
Photo taken from Lake Drive facing
northerly from eastern boundary marker
PECONIC LAND TRUST (Harper)
to
TOWN OF SOUTHOLD
SCTM #1000-59-1-20.1
1920 Lake Drive, Southold
April 14, 2005
Photo taken from Lake Drive facing
northeasterly towards sand dune
PECONIC LAND TRUST (Harper)
to
TOWN OF SOUTHOLD
Development Rights Easement
SCTM #1000-59-1-20.1
0.67 acre
1920 Lake Drive, Southold
April 14, 2005
(from left to right)
Peter F. Harper, former property owner; and
Tim Caufield, Peconic Land Trust Vice-President
photo taken at site from Lake Drive
PECONIC LAND TRUST (Harper)
to
TOWN OF SOUTHOLD
Development Rights Easement
SCTM #1000-59-1-20.1
0.67 acre
1920 Lake Drive, Southold
April 14, 2005
(from left to right)
Tim Caufield, Peconic Land Trust Vice-President;
Melissa Spiro, Southold Town Land Preservation Coordinator;
Marian Sumner, Peconic Land Trust Director of Conservation Programs;
Peter F. Harper, former property owner; and
Patricia A. Finnegan, Southoid Town Attorney
photo taken at site
PECONIC LAND TRUST (Harper)
to
TOWN OF SOUTHOLD
Development Rights Easement
SCTM #1000-59-1-20.1
0.67 acre
1920 Lake Drive, Southold
April 14, 2005
(from left to right)
Tim Caufield, Peconic Land Trust Vice-President;
Melissa Spiro, Southoid Town Land Preservation Coordinator;
Marian Sumner, Peconic Land Trust Director of Conservation Programs;
and Peter F. Harper, former property owner
photo taken at site
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PRESS CONFERENCE
MONDAY, MAY 9, 2005
GREAT PONDS WETLANDS SYSTEM
Kenney's Beach area
SCTM #1000-59-1-20.1
PECONIC LAND TRUST (Harper) to TOWN OF SOUTHOLD
Development rights easement = 0.67 acre
Premises: 1920 Lake Drive, Southold
(from left to right)
unidentified area property owner, Concerned Citizens' Committee
Marian Sumner, Peconic Land Trust
Melissa Spiro, Southold Town Land Preservation Coordinator
Bill Edwards, Southold Town Councilman
Michael Deering, Suffolk Co Director of Environmental Affairs
Lillian Ball, Concerned Citizens' Committee
Michael J. Caracciolo, Suffolk Co Legislator - 1st District
Joshua Y. Horton, Southold Town Supervisor
38,,3rtie:SUffolk Times · May ~2, 2005
Marian Sumner, Peconic Land
TrUSt; Bil! EdWaFds, Southold Town CoUnci! reservation Coordinator; Michael
DeeEi~g~ Saff°lk of En~iF0nmental Affairs; ; suffolk County Legislator - 1st
District; JOshua Y, Hort0n, Southold Town SUpervisOr; Lillian Ball; ConCerned Citizens' Committee May 9, 2005
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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
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To:
Supervisor Hor[on
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Tax Assessors
Building Depadment
Data Processing
Town Comptroller
Stewardship Manager
From:
Melissa Spire
Land Preservation Coordinator
Date: April 15, 2005
Re:
PECONIC LAND TRUST (Harper) to TOWN OF SOUTHOLD
SCTM #1000-59-'1-20.'1
Please be advised that the Town has acquired a development rights easement for open space purposes on
the properly listed below. If you would like any additional information regarding the purchase, please feel
free to contact me.
LOCATION:
SCTM #1000-59-1-20.1
1920 Lake Drive, Southold
OWNER:
Peconic Land Trust (Peter F. Harper)
PURCHASE DATE:
Closing took place April 14, 2005
PURCHASE PRICE:
$56,000.00
EASEMENT AREA:
0.67 acre (easement covers the entire property)
PURPOSE:
Preservation and protection of open spaces and scenic values,
protection of wetlands, protection of significant biological diversity and
protection of unique and threatened ecological areas,
FUNDING:
Community Preservation Funds
MISCELLANEOUS:
This property was purchased by the Peconic Land Trust at market
value. The Peconic Land Trust's purchase was funded by private
donors. At a simultaneous closing, the Peconic Land Trust sold the
development rights easement as a Bargain Sale to the Town. This
propedy yields one (1) sanitary flow credit that will be transferred to the
Town's TDR Bank by resolution of the Town Board.
AR~A~£9,169 $0. ?~
SURVEY OF PROPERTY
AT $OUTHOLD
TO~N OF SOUTHOLD
SUFFOLK COUNTY, ~ ~
FINAL
SURVEY
File Vie,,~ Toolbar Help
~9.-1-20.1 47'3889 So~tl~bld " ActiVe : R/S:8 Sehool: Sout~oId$cho01
P~c0n & Land Trust nc, RollYear: 2008 CUll YI Land rights
: ' 'O67acres
~92~ ~pke D~ Land Size
~ To a' 1 Taxable Value
....... M~cel
~e: : ~ee~ncLa~Txu~t nc Coun:~ 0 Bo~: 1238~
~[~6~ 296 Hampt°n Rd Schoo~ P
~ B~x:~ 1776 Bank
City: S ~hampt6n~NY Zip: 119G9- Schl ~er ~r;
Site 1 of I LAnd
~ale / Total: 3
~, ~ge Sae D~e S~le Pr ce Ownel P~ Land ~ gh[~
N~dCd~O
.~ 3~ 04114'/05 220.000 Pecomc Lan, Se~er:
2~]~:~tH:NONPRF . 1,000 O 0 ; :/: . .
Double click tO open a window
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2001 Aerial HARPER Property (PLT) to TO~!N OF SOUTHOLD 0.67 acres 1920 Lake Drive, Southold dev rights
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AREA=£9,169 $0. F~
STREET ADDRESS: 1920 LAKE DRIVE
SURVEY OF PROPERTY
A T SOUTHOLD
TO~N OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000-69-01'~0.i
$CAL~,: 1'--$0'
MARCH ,31, 2005
FINAL
SURVEY
ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION
OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW,
EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
WHOSE SIGNATURE APPEARS HEREON.
CER TIRED TO:
TOWN OF SOUTHOLD
PECONIC LAND TRUST
STEWART TITLE INSURANCE COMPANY
COUNTY OF SUFFOLK
(651) 765-5020 FAX
P.O. BOX 909
1250 TRAVELER STREET
SOUTHOLD, N.Y. 11971
05-144