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
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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.
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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
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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)
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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
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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
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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
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: 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
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Estate
Ernest F,
of
Dickersor
Property
Open
Town
Space Donation
Map Prepared by
Town of SouthoM G[S
October 14, 2008