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HomeMy WebLinkAboutDickerson Estate (Deep Hole Creek Access)1000-115-12-1 Baseline Documentation Premises: 5840 New Suffolk Avenue New York 0.22 acre Opi~n Space Acquisition DOROTHY DICKERSON PETERS as Executrix of the Last Will and Testament of E~RNEST FREDERICK DICKERSON, deceased to TOWN OF SOUTHOLD Executor's Deed dated December 10, 2008 Recorded December 18, 2008 Suffolk County Clerk - Liber D00012575, Page 410 SCTM #: 1000-1115-12-1 Premises: 5840 New Suffolk Ave Hamlet: Mattituck Purchase Price: $ -0- (gift) Funding: Peconic Bay Region Community Preservation Fund (2% land bank) used for closing expenses CPF Project Plan: Yes Total Parcel Acreage: 0.22 acre Zoned: R-40 Existing Improvements: In December 2008 - Vacant land containing wetlands and existing stormwater outfall pipes, no structures E N V I R O N M E N T A L A S S E S S M E N T To: Melissa Spiro, Land Preservation Cogrdina~r From: TOS Natural Resources Division Re: Dickerson Property-Environmental Assessment (site visit on 11/7/08 SCTM# 115.-12-1 DEPT. PRES[RV,'~I'ION Date: November 19, 2008 The subject parcel lies within the Village (Hamlet) of Mattituck, Town of Southold, and County of Suffolk New York. The parcel is located south of and adjacent to New Suffolk Avenue, a Town of Southold public road. The parcel is situated on Deep Hole Creek; a Town of Southold owned and regulated tidal wetland resource (see Figure #1 parcel outlined in red). The parcel is not developable and there are no structures on the property. The adjacent parcels to the immediate west and east are privately owned. There are residential (principal) structures on both of the adjacent parcels. Towards the seaward end of the subject parcel, there is a low profile bulkhead/retaining wall bordering the subject parcel and parcel to the east. The subject parcel has been inspected and reviewed by Natural Resources Division Staff in order to provide comments on the existing environmental characteristics of the property. Through an inspection of the property and the records available to us, our report has identified the following environmental characteristics; environmental significance, existing environmental conditions, wetlands, topography, vegetative cover, soils, scenic view shed, and special features. Environmental Significance: The property is located on Deep Hole Creek, a NYS Critical Environmental Area (see Figure #1 outlined in blue). Deep Hole Creek has been nominated by the Town of Southold and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection. The subject parcel also is identified as being within the following environmentally important areas; Eelgrass Habitats/Beds, Town and County Environmental Area, and Peconic Estuary Program Critical Natural Resource Area. Existing Environmental Conditions: The parcel contains outfall pipes (managed by the Town of Southold) that directly discharged storm water from New Suffolk Avenue into the tidal waters of Deep Hole Creek (see figure #2). A second outflow complex exists north of the subject parcel across New Suffolk Ave. which also discharges storm water into Deep Hole Creek. The upper marsh of the subject parcel is littered with miscellaneous marine debris which evidently has been deposited through tidal inundation. Incidental dumping of yard waste and non-environmentally threatening man-made products was evident on the upland of the neighboring parcel to the east. Wetlands: Tidal wetlands occur within the property. A portion of the property is comprised of open water-bottomland, transitioning into an upper tidal marsh dominated by smooth cordgrass (Spartina alterniflora). The parcel is tidally connected via a culvert situated under New Suffolk Ave. which flows in a northerly direction towards Mattituck Estates into the county owned tidal (brackish) wetland system. Topography: Slopes greater than 15 percent occur along New Suffolk Avenue. A transition from open water to upper marsh to upland is exemplary of the subject parcel. Vegetative Cover: The parcels dominant vegetation is comprised of smooth cordgrass (Spartina alterniflora) and common reed (Phragmites australis). The following incidental deciduous tree species were found sporadically through-out the parcel; cherry, tree of heaven, black locust and eastern red cedar (see Figure #3). Soils: The subject parcel is comprised of soil types; Plymouth Loamy Sand 8-50 % slopes generally in the upland area and upper slopes of the property towards New Suffolk Ave., TM-Tidal Marsh (peat soil) with in the upper marsh area, and bottomland (muck soils) within the open water areas. Scenic View Shed: The subject property can provide the public with visual accessibility to Deep Hole Creek. Maximizing the potential for a view shed through the property would require the removal of non-native~non-desirable vegetation. Further, the location of the parcel lends itself to an advantageous viewing area for birding enthusiast. Special Features: The immediate access off New Suffolk Ave. may provide for the public to access, for recreational uses, the coastal waters, public lands and public resources of the Town of Southold. This would provide access to navigable waters of Deep Hole Creek and the Great Peconic Bay. Further, the parcels topography may lend itself in providing adequate physical access to Deep Hole Creek, for small craft such as kayaks and canoes. Conclusion: In conclusion, the assessment of the existing environmental conditions of the subject parcel has revealed no evidence or reason warranting environmental concern of the subject parcel, subject to the methodology and limitations of this assessment (report). Figure #2. Storm water outfall pipe, on subject parcel, south Ave. Figure # 3. Vegetative cover representation, looking south from New Suffolk Ave. P U B L I C H E A R I N G Southold Town Board - Letter Board Meetihg of October 7, 2008 RESOLUTION 2008-938 ADOPTED Item DOC ID: 43 l THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-938 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 7, 2008: RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday~ October 21v 2008~ at 5:00 p.m.~ Southold Town Hall~ 53095 Route 25~ Southold~ New York~ as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant land owned by the Estate of Ernest F. Dickerson for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel consists of approximately 0.12± acre and is identified as SCTM #1000-115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. Generated October 8, 2008 Page 28 Southold Town Board - Letter Board Meeting of October 7, 2008 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski .lr., Wickham, Evar~s, Russell Generated October 8, 2008 Page 29 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ October 21, 2008~ at 5:00 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant land owned by the Estate of Ernest F. Dickerson. The parcel consists of approximately 0.12± acre and is identified as SCTM #1000-115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Depamnent, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any imerested person during business hours. Dated: October 7, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON OCTOBER 16, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. SOUTHOLD TOWN BOARD PUBLIC HEAR~G October 21, 2008 5:00 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Clerk Elizabeth Neville Town Attorney Patricia Finnegan This heating was opened at 6:31 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ October 21~ 2008~ at 5:00 p.m.~ Southold Town Hail~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant land owned by the Estate of Ernest F. Dickerson. The parcel consists of approximately 0.12± acre and is identified as SCTM #1000-115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New SufFolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. 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. I have a note in the file from our LWRP coordinator that this proposed action is consistent with the policy standards and therefore is consistent with the LWRP law. I have an original of a legal that appeared in the local newspaper that notices this and notice also of what went on the bulletin board outside. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular girl of acquisition? COUNCILMAN KRUPSKI: I would like to speak in favor of the Town acquiring this parcel, it is tiny, it is .12 acres. However, this is where New Suffolk Avenue drains into Deep Hole creek and it is an opportunity for the Town to do some sort of storm water mitigation there and it won't be a perfect system because of the limited amount of land but it is an opportunity. SUPERVISOR RUSSELL: I will echo Albert's comments. That is actually an area of particular road run-off concern. One of the problems we have in wrestling with the issue is dealing the volume of water and where to put it. Every little bit helps and despite the size of that parcel, it is going to play a key role up there. And I want to thank the Dickerson family for their generosity as well as the Heaney family for their generosity. Anyone else? (No response) This hearing was closed at 6:34 PM Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N Southold Town Board - Letter Board Meeting of October 21, 2008 RESOLUTION 2008-979 ADOPTED Item # DOC ID: 4_333 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-979 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2008: WHEREAS, the Town Board of the Town of Southold wishes to accept the donation of vacant land property owned by the Estate of Ernest F. Dickerson for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel consists of approximately 0.12:t: acre and is identified as S CTM # 1000-115-12-1. The parcel is located ap.proximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property; now, be it therefore RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq,; and, be it further RESOLVED by the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental from prepared for this project is accepted and attached hereto; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form Generated October 22, 2008 Page 50 Southold Town Board - Letter Board Meeting of October 21, 2008 prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski .~r., Wickham, Evans, Russell Generated October 22, 2008 Page 51 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME (~"~¢, 3. PROJECT LOCATION: Munidpali~ %~~0~ County S 4. PRECISE LOCATION (Street address and road interse~ions, prominen[ landmarks, etc., or pro~de map) 5. PROPOSEOACTION IS: ~New ~ Expansion ~ Modifi~tio~alteration 6. DESCRIBE PROJECT BRIEFLY: '" 7. AMOUNT OF LAND AFFECTED: Initially ~ J~., acres Ultimately acres 8. VVILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? /~es [] No if No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~Residential [] Industrial [] Commercial Describe; ~Agriculture [] ParkJForest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~No If Yes, list agency(s) name and permiqapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes r~No If Yes, list agency(s) name and permiqapprovals: 12. AS A RESULT OF PR POSED F'q Yes 'Re ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE App,ca. spo so .ame: S?;.o; Pr, . Date: If the action is in the Coastal Area and you are a state agency, complete the Coastal Assessment Form before proceeding with th s assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? if yes, coordinate the review process and use the FULL EAF. []Yes B. VVlLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency, r--~ Yes [~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2, Aesthetic, agricultural, archaeological, historic, or other nalural or cultural resources; or community or neighborhood character? Explain briefly: C3, Vegetation or fauna, fish, shellfish or wildlde species, significant habgats, or threatened or endangered species? Explain bdefiy: C4. ^ community's exisfing plans or gools as officially adopted, or a change in use or intensity of use of land or offier natural resources? Explain briefly: C5. Growth, subsequent development, or related acfivifles likely to bo induced by the proposed action? Explain bdefiy: C6. Long term. short term, ¢umulafive, or offier effects not idenflfied in Cl~CS? Explainbdefly: C7. Other impacts Cncluding changes in use of eiffior quantity or type et energy)7 Explain bdefi¥: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~ No If Yes, explain briefly: E. iS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTtAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [Z~ No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve'determinewhetheritissubstantiaI~arge~imp~r1ant~r~therwisesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference suppoding materials Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Pad ~1 was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if have identified one or more potenfially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL you EAF and/or prepare a positive decJaration. ~ Check this box if you have determined, based oa the information and analysis above and any supporting documentation, that the proposed action WILt NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary~ the reasons supporting ~his determination Date Signature~df Responsible Officer in Lead Agency Si¢Sa~ure of Preparer (If~rent from responsible officer) A C C E P T A N C E R E S O L U T I O N Southold Town Board - Letter Board Meeting of October 21, 2008 RESOLUTION 2008-981 ADOPTED Item # DOC ID: 4334 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-981 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2008: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of acquisition by gift of fee title to vacant land from the Estate of Ernest F. Dickerson on this 21st day of October, 2008, pursuant to the provision of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the parcel consists of approximately 0.124- acre and is identified as SCTM #1000- 115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. WHEREAS, the purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds; and WHEREAS, the acquisition of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter t 85 (Open Space Preservation); and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended to the Town Board that this action is consistent Generated October 22, 2008 Page 55 Southold Town Board - Letter Board Meeting of October 21,2008 with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for this donation and recommends that the Town Board accept the donation of this property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold accepts the donation of the subject property for the purpose of open space and wetlands protection, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property; now, therefore, be it RESOLVED that pursuant to the provision of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby accepts the donation of properS, from the Estate of Ernest F. Dickerson sub.iect to clear and marketable title and an acceptable environmental site assessment and survey, if deemed necessao?, of the sub.iect properW.. The parcel consists of approximately 0.12± acre and is identified as SCTM #1000-I 15-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. The acquisition of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation). The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended to the Town Board, and the Town Board has hereby determined, Generated October 22, 2008 Page 56 Southold Town Board - Letter Board Meeting of October 21, 2008 that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated October 22, 2008 Page 57 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board From: Mark Terry, Principal Planner ~ LWRP Coordinator Date: October 16, 2008 Re~ Acquisition by gift of fee title to vacant land owned by the Estate of Ernest F. Dickerson Location: 5840 New Suffolk Avenue, Mattituck, New York SCTM # 1000-115-12-1. Zoning District R-40 This proposed action is for the acquisition by gift of fee title of .12+ acres of vacant land owned by the Estate of Ernest F. Dickerson. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc~ Patricia Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator OCT 2 0 2008 DEPI, OF LAND PRESERVAIION C L 0 S I N G E X P E N S E S CLOSING STATEMENT DOROTHY DICKERSON PETERS, as Executrix of the Last Will and Testament of Ernest Frederick Dickerson, deceased, to TOWN OF SOUTHOLD Open Space - 0.22 acre Premises: 5840 New Suffolk Avenue, Mattituck SCTM #1000-115.-12-1 Informal Closing by mail - December 10, 2008 Purchase Price: $ -0- (gift) Expenses of Closing: Title Report Payable to Stewart Title Insurance Company (1/20/09) fee title insurance policy $ 342.00 recording deed/certified copy $ 315.00 bankruptcy report $ 25.00 $ 682.00 Representation: Dorothy Dickerson Peters Gary Flanner Olsen, Esq. Scoff A. Russell Mary C. Wilson, Esq. Melissa Spiro Melanie Doroski Executrix Attorney for Dickerson Estate Southold Town Supervisor Attorney for Town of Southold Land Preservation Coordinator Sr. Administrative Assistant TITLE NO.: ST08-02000 APPLICANT: M~lissa Spire LOAN POLICY NO.: PROPERTY ADDRESS: ewart title insurance company INVOICE. DATE: TITLE CLOSER: CLOSING DATE: CLOSING TIME: CLOSING LOCATION: December 15, 2008 Kadileen Hennessey December 10, 2008 5840 New Suffolk Avenue Mattituck, NY 11952 District: 1000 Section: 115.00 Block: 12.00 Lot: 001.000 PURCHASER/BORROWER: Town of Southold Fee Insuranc~ $ i 0,000,00 $342.00 $342.00 Mortgage ]llsurance - 1a Mortgage Insurance - 2m Standard Eadors~ments ($25.00 each) Special Risk Endorsements $0.00 $0.00 Market Value Rider (Optional) SEARCHES Municipal Searches Certificate of Good Standing Certificate of Occupancy Cha~e Bankrup~aes $25.00 $25.00 3 Day Rescission Additional Search Fee(s) SURVEY New Survey -- __ Survey Locate: Survey Inspection RECORDING FEES/TAXES Deed(s): 1150.00 $150.00 RP5217 $165.00 $165.00 Power of At~rney (Condo) Mortgage(s) Consolidation(s) Satisfaction(s) A~zreements(s) Agreen~ats(s) '-. ~, ',% NYS Transfer Tax (usually paid by sen~) ,{,~ ~,~. NYC Transfer Tax (usually paid by seller) ~ x N % Mansion Tax Other Transfer Tax: [ "--~ ~ i'~ n n Mortgage Tax - (Mortgagee) IA pt. Lender L~ ] 2~ M°rtgage Tax (M°rtgag°r) i/~} 2~ Mortgage Tax 0Vlort~agee) ~A Pt Lend~ . I fi M ~ ACRISFEE ~a a w,,., ~ Other $ 0.00 ESCROW Escrow - To Hold ucc ~ ur Escrow- To Pay ......... Escrow Service Charge Sediement Fee ~ rOrA : $ 722.00 ; 682.00 '~ ; 40.00 $ 0.00 RECEIPTS "~.~__ ...~" DIRECT CHECKS: AMOUNT: STIC CHECKS: AMOUNT: : ....................................... : R E C O R D E D D E E D SUFFOLK COUNTY 'CLERK' RECORDS OFFICE RECORDING PAGE T~pe of Instrument: DEED N,~er of Pages: 4 Receipt ~m~er : 08-0120263 TRANSFER TAX NUMBER: 08-11653 District: 1000 ~eed Amount: Recorded: At: LIBER: PAGE: Section: Block: 115.00 12.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $20.00 NO Handling COE $5.00 NO N~S SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $5.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 08-11653 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JAN - 9 2009 DEPT OF LA~D PRESE~Y'~TIO~ Judith A. Pascale County Clerk, Suffolk County 12/Z8/2008 03:10:00 PM D00012575 410 Lot: 001.000 Exempt $20 00 NO $15 00 NO $165 00 NO $0 00 NO $30 00 NO $0 00 NO $270 00 Number of pages TORRENS Serial # Certificate Prior Ctf, # Deed / Mortgage Instxumant Page / FUing Fee Handling ~/~. O0 TP-584 Notation EA-52 17 (County) R.RT.S,A. Comm. of Ed. 5. Affidavit ' NYS Surcharge 15. 00 Other 4o Real Property Tax Service Agency Verification RECORDED 20C~Dec 18 Judith fl. Pascale CLERK OF SUFFOU( COUNTY L D00012575 P 410 DT~ 0~-t1653 Deed / Mortgage Tax Stamp I Recording / Filing Stamps -- SubTotal 0B030~80 xooo xx5oo x2oo ooxooo SubTotal dTo . QV0.. 900 I Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 I I~CORD & R~ TO: 530%- g4--~' F. ol~o~ llT°i Mortgage Amt. 1. Bs~ic Tax ~, Addi~on~l ~ Sub Total SpecYAssit. or Spec./Add. TOT. MTG. TAX Du~l Town Dual County . Held ~or Appointmeat~.__ - Tm~f~r T~x Mansion Tax The propen'y covered by this mortgage or will 1~ improved by a one or two family dwelllng bnly. YES. or NO __ }~t If NO, s~ approlxiate trax elau~e on C~mmtmtty l~serwtto~ Fuml Consideration Amount $ / Improv~ Vacant Land TD TD Suffolk County Recording & Endorsement Page This page forms part of the attached ~ & made by: (SPECII4Y TYPE OF INSTRUMENT) or--of BO~ 6 ~U 8 ~ST BB ~D OR P~ ~ BLACK ~ O~Y P~OR ~ ~O~O OR ~O. EXECUTOR'S DEED (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8010 CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATYORNEY AND REVIEWED BY ATIORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE, made the I~ day of ~_~_P~f~ {}~t~, 2008 between DOROTHY DICKERSON PETERS AS EXECUTRIX OF THE LAST WILL AND TESTAMENT OF ERNEST FREDERICK DICKERSON, DECEASED, residing at 33 West Court Street, Cortland, New York 13045 party of the first part, and TOWN OF SOUTI-I'OLD, a municipal corporation with principal offices at Southald Town Ball, 53095 Route 25, Sonthold, New York 11971 pray of the second part, WITNESSETH, that the party of the first part, to whom lettem testamentmy were issued to Dorothy Dickerson Peters by the Surrogate's Court, Suffolk County, New York, and by virtue of the power and authority given in and by said last will and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, and in no consideration of, lawful money of the United States, paid by the party of the second par[ docs hereby grant and release unto the party of the second part, the dislributees or successors and assigns of the party of the second part forever, ALL that certain triangular piece or parcel of land, situate in Mattitack, Suffolk County, New York, on the southerly side of New Suffolk Avenue at Deep HoIe Creek; bounded on the North by New Suffolk Avenue 117.5 feet; on the East by property of James A. Torrey 130 feet; on the South by Deep Hole Creek; and on the West by property of Helen W. Tuthill. Being the same premises conveyed to the parties of the first part herein by deed recorded on 8/4/2005 in Libor ]~12401 Page 912. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of deeedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individually, or by vktue of said will or otherwise, TO HA VE AND TO HOLD the premises herein granted unto the pa~y of the second part, the heirs or successors and assigns of the party of the second part forever. AND the par~y oftbo first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be consixued as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. D01~0THY I~KERSO~ P~TERS STATE OF NEW YORK · ) cou~'r,,' OF 0_~4 I,:~ ) ss.: ) On the q4~day of~ec-~lo~at- ,2008, before me, the undersigned, personally appeared, DOROTItY DICKERSON PETERS, 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 she executed the same in her capacity(les), and that by her signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC RnA M. DAWSON Nnt~/Public, Stats of New Qualified in Cortland Countl/ Reg. #OIDA6176863 My Commission Expires Nov. RIDER TO EXECUTOR'S DEED BETWEEN DOROTHY DICKERSON PETERS as Executrix of the Last Will and Testament of Ernest Frederick Dickerson, deceased AND THE TOWN OF S,O_.,UTHOLD DATED December (~)r~-_, 2008 AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the previsions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election, No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. TOWN OF SO~THOLD SCO"F-T A. RUSSELL Supervisor STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the I 0 ~ day of December, 2008, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the i~ividual acted, executed the instrument. Notary P~blic ~:_.) MEL~NIE DORO$1Q NOT/~RY PUBLIC, State of New Yod[ No, 01D04634870 Qualified in S_uflolk C~)ur~Y~. ~ (~) Commlss~Expires ~eptem0er~u0~'-: T I T L E P 0 L I C Y ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURAN, CE ISSUED BY ~__~ [nes~ rW~ ~ eacormpt~any Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE ~NSURANCE COMPANY, a New York corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured be reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapanity~ or impersonation; (ii) failure of any pemon or Entity to have authorized a transfer or conveyance; (iii)a document affecting Title not property created, exasuted~ witnessed, sealed, acknowledged, r, otadzed, or dalivered; (iv) failure to perform those acts necessary to create a document by elastmnic means authorized by law (v) a desument executed under a falsified, expired, or othei~vise invalid power of attorney (vi) a document not propedy filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vi[) a defective judicial or administrative proceeding. (b) The lien of mai estate taxes or assessments imposed on the Title by a govemmental autho~ily due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or abveme cimumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term 'encroachment" inoledes encmachmants of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, mgulsting, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enfomement action besed on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only fo the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned: Stewart 'l~tle Insurance Company New York, New York Serial No. O-8911-487323 if y~u want inlormation about coverage or need assistance to resolve complaints, please ce. II our toll free number: 1-800-433-0014. if you make & cla, im under your policy, you must furnish w~itten noifce in accorda~nce with Section 3 of the Conditions. Visit our Word-Wide Web site at hl~3 ~'/Www,Stewar tNewYork.co m File No.: ST08q)2000 ALTA OWi'~R'$ FOLICY (6/17/06) SCI~DULE A File No.: ST08-02000 Policy No.: O-8911-487323 Amount of $10,000.00 Premium: $342.00 Insurance: Date of December 10, 2008 Policy: 1. Name of Insured: Town of Southold 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. Title vested in: Town of Southold who acquired title by deed from Estate of Ernest F. Dickeeson,Exe~:utrix: Dorothy Peters dated 12/10/2008 to be duly recorded in the Suffolk County Clerk's/Registers Office. 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. Section: 115.00 Block: 12.00 Lot: 001.000 ALTA OWNER'S POLICY (6/17/66) File No.: ST08-02000 SCHEDULE A DESCRIPTION Policy No.: O-8911-487323 Al J~ that certain triangular piece or parcel of land, situate in Mattituck, Suffolk County, New York, on the southerly side of New Suffolk Avenue at Deep Hole Creek; bounded on the North by New Suffolk Avenue 117.5 feet; on the East by property of James A. Torrey 130 feet; on the South by Deep Hole Creek; and on the West by property of Helen W. Tuthill. ALTA OWNER'S POLICY (6/17/06) SCHEDULE B PART I File No.: ST08-02000 Policy No.: O-8911-487323 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. No title will be insured to any land lying below the present or any former high water line of Deep Hole Creek. Except the right of the United States Government to establish harbor, bulkhead or pierhead lines or to change or alter any such existing lines and to remove or compel the removal of fill and improvements thereon (including buildings or other structures) from land now or formerly beyond the high water mark of Deep Hole Creek without compensation to the insured. Except the rights of the United States Govenunent, the State of New York and Town of Southold or any of their departments or agencies to regulate and control the use of the piers, bulkhead, land under water and land adjacent thereto. 4. Except riparian rights and easements of others over Deep Hole Creek, but policy does not insure any riparian rights or easements in favor of the owner of the premises herein. 5. Policy will except any state of facts an accurate survey would show. ALTA OWNER'S POL1CY (6/17/06) SCHEDULE A File No.: ST08-02000 Amount of Insurance: Date of Policy: 1. Name of Insured: Town of Southold $10,000.00 December 10, 2008 Policy No.: O-8911-487323 Premium: $342.00 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. Title vested in: Town of Southold who acquired title by deed from Estate of Ernest F. Dickerson,Exe~:utrix: Dorothy Peters dated 12/10/2008 to be duly recorded in the Suffolk County Clerk's/Registers Office. 4. The Land referred to in this policy is described as follows: Sec Schedule A Description, attached hereto and made a part hereof. Section: 115.00 Block: 12.00 Lot: 001.000 ALTA OWNER'S POLICY (6/17/06) File No.: ST08-02000 SCHlgDULE A DESCRIlrrION Policy No.: O-8911-487323 ALL that certain triangular piece or parcel of land, situate in Mattimck, Suffolk County, New York, on the southerly side of New Suffolk Avenue at Deep Hole Creek; bounded on the North by New Suffolk Avenue 117.5 feet; on the East by property of James A. Torrey 130 feet; on the South by Deep Hole Creek; and on the West by property of Helen W. Tuthill. ALTA OWNER'S POLICY (6/17/06) SCHEDULE B PART I File No.: ST08-02000 Policy No.: 0-8911487323 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by mason of: 1. No title will be insured to any land lying below the present or any former high water line of Deep Hole Creek. 2. Except the right of the United States Government to establish harbor, bulkhead or pierhead lines or to change or alter any such existing lines and to remove or compel the removal of fill and improvements thereon (including buildings or other structures) from land now or formerly beyond the high water mark of Deep Hole Creek without compensation to the insured. Except the rights of the United States Government, the State of New York and Town of Southold or any of their departments or agencies to regulate and control the use of the piers, bulkhead, land under water and land adjacent thereto. 4. Except riparian rights and easements of others over Deep Hole Creek, but policy does not insure any riparian rights or easements in favor of the owner of the premises herein. 5. Policy will except any state of facts an accurate survey would show. STEWART TITLE INSURANCE COMPANY HEREIN CALLED TI-I~ COMPANY Title No.: ST08-02000 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Date of Issue: December 10, 2008 ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8911-487323 1. The following is added as a Covered Risk: "11. Any statutory lien for services, labor or materials fxtmished 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. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Tide for real estate taxes, assessments, water charges or sewer rents imposed by, governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Tire as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. DATED: December 10, 2008 Countersigned By: Authorized Office or Agent Stewart Title Insurance Company 300 East 42nd St., 10th FI New York, New York 10017 STEWART TITLE STANDARD NEW YORK ENDORSEMENT (11/1/08) FOR USE WITH ALTA OWNER'S POLICY (6-17-06) COVERED RISKS (Continued) Title being vested other than as stated in Schedule A or being defective (a) (i) to be timely, or as a result of the avoidance in whole or in part, or from a court order (ii) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy, of a transfer of all or any part of the judgment or lien creditor. title to or any interest in the Land occurring pdor to the transaction 10. Any defect in or lien or encumbrance on the T~tle or other matter included vesting Title as show~ in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been created or attached or has constituted a fraudulent or preferential tra~fer under federal been Pled or recorded in the Public Records subsequent to Cate of Palicy bankruptcy, state insolvency, or similar creditors' rights laws; or and prior to the recording of the deed or other instrument of transfer in the because the instrument ol transfer vesting Title as shown in Public Records that vests Title as shown in Schedule A. Schedule A constitutes a preferential transfer under federal The Company will also pay the costs, attorneys' fees, and expenses incurred in bankruptcy, state insolvency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent reason of the failure of its recording in the Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that ati~se by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or lecatlen of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other maters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and nol disclosed in ~witing to the Company by the lesured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in less or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' dghts laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a prefere~ial transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and crested or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) ~Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8{b), or decreased by Sections 10 and 11 of these Conditions. (b) 'Date of Policy": The date designated as 'Date of Policy" in Schedule A. (c) ~Entity": A corporation, partnership, trust, limited liability company1 or other similar legal entity. (d} 'Insured": The Insured named in Schedule A. (i) The term "insured' also includes (A) successors to the Titie of the Insured by operation of law as distinguished from purchase, including heirs, devisees, sun~ivom, personal representatives, or next of kin; (B) successors to an Insured by dissolution, me~ger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are whally-owned by the named insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company woule have had against any predecessor Insured. (e) "Insured Claimant': An Insured c[aimleg loss or damage. (f) "Knowledge" or 'Known': Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the T~lte. (g) 'Land': The land described in Schedule A, and affixed improvements that by lew constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, ~anes, ways, or wsterways, but this does nct medify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records': Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real pregedy to purchasers for value and without Knowledge. With respect to Covered Risk 5{d), 'Public Records' shall also include environmental protection liens filed in the records of the c~erk of the United States District Court for the district where the Land is located. (j) 'q'itie": The estate or interest described in Schedule A. (k) "Unmarketable Title': Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. II Page2 Sedal No.: O-8911-487323 File No.: ST08-02000 CONDI'nONS (Continued) 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser Item the Insured, or only so long es the insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured el either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a} of these Conditions, (ii) ic case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Tibe, as insured, and that might cause idss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shal~ be reduced to the extent of the prejudice. 4. PROOF OF LOSS in the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, requfte as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or bs~nege and shall state, to the extent possithe, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigatlan in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to selact counsel of its choice (subject to the dght of the insured to object for reasonable cause) to represent the Insured as to those stated causes of action. Il shall not be liable for and will not pay the fees of any other counsel. The Company wtil not pay any fees, costs, or expanses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the dght, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other ant that in its opinion may be necessary or desirable to establish the Title, ~s insured, or to prevent or reduce loss or pamage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as reqlared or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the dght, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where th~s policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the dght to so prosecute or provide dethnse in the action or proceeding, including the dght to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effenting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Titla or any other matter 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 terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (h) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, inaluding books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, ~ requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, ic wdting, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confh:iential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the company, it is necessary in the administration of the claim. Faliore of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessa;y information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF UABIUTY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. TO pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expanses incurred by the Insured C~almant that w~re authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liatY~lity and obitgations of the Company to the insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b} To Pay or Otherwise serge With Parties Other Than the Insured or With the Insured Claim&hr. (i) To pay or othen~ise settle with other parties for or in the name of an Insured C[almant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and ex~enses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this poricy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any ~itigation. I Page 3 Serial No.: Oo8911-487323 File No.: ST08-02000 CONDITIONS (Continued) 8. DETERMINATION AND EX'rENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the dsk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as (i) the Amount ct Insurance shall be increased by 10%, and (ii) the Insured Claimant shatl have the right to have the loss made by the Insured Claimant or as of the date it is settled end paid. (c) in addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF EABILITY (a) If the Company establishes the Title, or removes the alioged Title, all es insured, in a reasonably diligent manner by Any method, including litigation and the completion of any appeals, it shall have fully performed tis obligations with respect to that the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the T'd[e, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF EABIUTY All payments under this policy, except payments made for costs, by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETrLEMENT (a) Whenever lhe Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights ct the Insured Claimant in the Tdle and all other rights and remedies in respect to the claim that the Insured Claimant has Company. If requested by the Company, the Insured Claimant Company of these tights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the Insured Claimant in any transaction or litigation involving these File No.: ST08-02000 rights and remedies. If a payment on account of a claim does not fully cover the loss of the insured Claimant, the Company shall defer the exercise ct its right to recover unlit after the Insured Claimant shall have recovered its loss. (b) The Company's dght of subrogation includes the tights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any ten'ns or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ('Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Afoitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court ct compalect jurisdiction. 15. LIABIUTY LIMITED TO THIS POLICY; POMCY ENTIRE CONTRACT (a) This policy together wfth all endorsements, if any, attached to ti by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shait be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shali be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an Authodzed person, or expressly incorporated by Schedule A of this policy. (d} Each endorsement to this policy issued at any time is made a part of this policy and is surest to all of its terms and provisions. Except as the endorsement expressly states, ti does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy. or (iv) increase the Amount of Insurance. 16. SEVERABIMTY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law:. The Insured acknowledges the Company has undenwitten the risks covered by this policy and determined the premium charged therefore in reliance upon the taw affecting interests in real property and applicable to the interpretation, dghts, remedies, or enfomement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its contiicts of law principles to determine the applicable law. (c) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be flied only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOI~CES, WHERE SENT Any notice of claim and any other nohce or statement in writing required to ~'Page4 Serial No.: O-8911-487323 P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro~town.southold.ny.us Telephone (631) 765-5711 Facsimile (63 I) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Halt Annex 54375 State Route 25 (comer of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 TO: From: Date: Re: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Tax Assessors The Nature Conservancy Suffolk County Division of Real Estate Melissa Spiro, Land Preservation Coordinator December 11, 2008 DICKERSON ESTATE to TOWN OF SOUTHOLD Open Space SCTM #1000-115.-12-1 Building Department Data Processing Town Comptroller Public Works Planning Board Trustees Peconic Land Trust Please be advised that the Town has acquired the open space property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 5840 New Suffolk Avenue, Mattituck PROPERTY OWNER: Dorothy Dickerson Peters as Executrix of the Last Will and Testament of Ernest Frederick Dickerson, deceased informal closing - 12/10/08 $-0- (gift) 0.22 acre CPF 2% land bank (closing expenses only) This property is listed on the Town's Community Preservation Project Plan. Potential uses for this property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for this parcel. PURCHASE DATE: PURCHASE PRICE: OPEN SPACE ACREAGE: FUNDING: MISCELLANEOUS: (2> , COUNTY OF SUFFOLK Re~ Property TQx Service A ~ w SOUTHOLD MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (63 ! ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Inter-Office Mail December 19, 2008 George R. Sullivan, Receiver of Taxes Town of Southold 53095 Route 25 Southold, NY 11971 Re; Notice of New Owner SCTM #1000-115.-12-1 Dear George: Please be advised that the Town of Southold acquired the property identified as SCTM #1000-115.-12-1 located at 5840 New Suffolk Avenue in Mattituck for open space purposes by Executor's Deed dated December 10, 2008. The Town received this parcel as a gift donation from the Estate of Ernest Frederick Dickerson. All future real property tax bills should be forwarded directly to the Town of Southold Accounting Department for payment, at 53095 Route 25, P.O. Box 1179, Seuthold, NY 11971-0959, until such time as the property is declared exempt by the Town Assessors. Very truly yours, Melissa Spiro Land Preservation Coordinator /md CC: Southold Town Assessors Town Comptroller ~ File Edit View Toolbar Window Help 115.-12-1 473889 $outhold Dieke[~on. Ernesl: F RollYea~: {20~§ Nest 5840 Ne~ 5Ultolk Ave Land Siza: 0.12 acm= ; ~ Parcel~i~.-12~1 r o~ner Tax Bill HailingAdd~es~ - ~ A~e~men~ ~ SpecDis[{ Total To ( ~ D e~Uon ~ Active R/S:1 School: Mattituck School Res vac land ,A~bl! ' Land AV: 100 Total AV: 100 3~d Pa~t~ Address click the a Bank Fi~;t Name: MI: Jr.. Sr.. etc: Eme~i~ Additional AddresS: ~mfix Dif: ~e~ /Rural Rou~e: S~ SUffix: State: Bar Cd: Ready /. : 0 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 Mrs. Dorothy D. Peters 33 West Court Street Cortland, NY 13045 Re: DICKERSON ESTATE to TOWN OF SOUTHOLD SCTM #1000~115.-12-1 (0.22 acre) Location: 5840 New Suffolk Avenue, Mattituck Dear Mrs. Peters: Please extend our heartfelt thanks to the family of Ernest Frederick Dickerson for their recent donation of an environmentally sensitive parcel on Deep Hole Creek in Mattituck. It is with great pleasure that I add this acreage to the Town's growing list of preserved and protected lands within the Town of Southold. Thanks again for your generosity and my best wishes to you in the coming year. Sincerely,~. ~. Melissa Spiro Land Preservation Coordinator A E R I A L M A P Estate Ernest F, of Dickersor Property Open Town Space Donation Map Prepared by Town of SouthoM G[S October 14, 2008