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Bittner Properties (Bittner Preserve)
o�OSVf f0(�40 49, Baseline Documentation o� y< 1000-58-1-1.1 COD ,x formerly known as lots 1000-58-1-1 1000-68-1-17.2 1000-68-1-17.3 "BITTNER" Properties JACQUELINE MOELLER, individually, and T.M.J. REALTY, INC. to COUNTY OF SUFFOLK and TOWN OF SOUTHOLD 57.057 acres — Open Space Acquisition Deed dated April 7, 2008 Recorded April 14, 2008 Suffolk County Clerk — Liber D00012547, Page 421 1000-58-1-1.1 p (f/k/a 1000-58-1-1 and C4 Z 1000-68-1-17.2 & 17.3) rry Baseline Documentation Premises: 4305 & 5415 Soundview Avenue Peconic, New York 57.057 acres Open Space Acquisition JACQUELINE MOELLER, individually, and T.M.J. REALTY, INC. to COUNTY OF SUFFOLK and TOWN OF SOUTHOLD Deed dated April 7, 2008 Recorded April 14, 2008 Suffolk County Clerk - Liber D00012547, Page 421 SCTM #: 1000-58-1-1.1 (f/k/a 1000-58-1-1; 1000-68-1-17.2 & 17.3) Premises: 4305 & 5415 Soundview Ave Hamlet: Peconic Purchase Price: $1391239110.00 (57.057 acres @ $230,000/acre) Funding: County/Town 50%/50% partnership County Environmental Legacy Fund -$6,561,555 and Southold Town CPF (2% land bank) - $6,561,555 Grant Funding: National Oceanic & Atmospheric Administration (NOAA/CLECP) reimbursement to Town - $1,464,735 The Nature Conservancy - $6,820 applied to real property tax bill CPF Project Plan: Yes Total Parcel Acreage: 57.057 acres 1000-58-1-1 = 23.408 acres 1000-68-1-17.2 = 8.886 acres 1000-68-1-17.3 = 24.763 acres Zoned: R-80 Existing Improvements: In September 2007 — vacant residential home, bulkheading, swimming pool, cabana, pond, wetland areas, wetland area with island, well, stable, overhead wires, poles DESCRIPTION LAND The subject consists of three large irregular shaped pamel of land having a total of '1,360+' of frontage along the northwesterly side of Soundview Avenue. The property has a northeasterly line of 1,824+', an irregular northwesterly line along the shoreline of Long Island Sound totaling 1,404+', a southwesterly line of 1,412+', and contains in total area 58.30+ acres. The above dimensions are taken from the Suffolk County Tax Map, a copy of which has been included in the addenda to this report. The property is partly clear, and partly covered in typical shore line growth (Iow shrubs and small trees). The property has areas designated (by the New York State Department of Environmental Conservation) as environmentally sensitive including coastal erosion areas, primary and secondary dune areas, and freshwater wetlands. Wetland areas are scattered about the property and include two ponds of significant area. The total wetlands located on the property are estimated, via Town of Southold Planning Department, aerial photography, physical inspection, and wetland maps, to be 15.03+ acres. Note that the appraisers are not environmental experts, and that the wetland areas have not been flagged, and this is an estimate only. The remainder of the lands topography is rolling with areas of gentle to moderate slopes. The properties frontage on the sound is at water level (gradual beach transition, as opposed to steep bluff). _GIVEN DESCRIPTION (CONTINUED) LAND (CONTINUED) Utilities (electric and telephone) are available along the subject's road frontage. Soundview Avenue is a two way publicly maintained asphalt paved road. There are no sewers available in this area and sanitary waste disposal is via on site septic systems. IMPROVEMENTS Land improvements consist of brick and concrete patios and walkways, in ground swimming pool with perimeter fencing, brick pool house, and waterfront bulk-heading. Building improvements consist of a single story, ranch style, frame building with 5 bedrooms and 3 bathrooms. The house is estimated to be in excess of 40:!: years old and has received fair maintenance over the years. Quality of construction and condition are judged to be fair. It is our opinion that in this market, in the subject location, these improvements are not reflective of the highest and best use of the property, and a potential purchaser would likely demolish the improvements in favor of a new, larger, and higher quality construction home. Although the house may be attractive to a small portion of the market we feel the building does not have any contributory value and has only an interim use and value which would be offset by the cost of demolition upon development of the property to another use. .GIVEN P R 0 P E R T Y V I S U A L S SUBJECT PHOTOGRAPHS View of Subject Water Frontage - Facing Easterly View of Subject Improvements ! ! ! I t ! ! SUBJECT PHOTOGRAPHS View from Subject Property - Facing Southwesterly View of Subject Improvements 6S View of soUnd View Avenue Facing Easterly ~GIVEN Views of Subject Improvements ~_GIVEN View of Subject Property Facing Southerly ~_GIVEN 61 07445) Page 3 PHOTOGRAPHS OF SUBJECT Page 4 PROPERTY P~,ge 5 300 Wi~e&'r Road, Sttite 302 Hauppatige, New York 11 / 88 ~-300 ........ Page 6 7445) Page 7 ROGERS &'RY'LOR APP~\BE~% 03 % h~el~r Ro~d, Sui~' 302 Hauppat~sc, New York i] 788 4.300. Tax Map Location 2001 Aerial SCTM #1000-58-1-1 SCTM #1000-68-I-17.2 SCTM #1000-68-1-17.3 Zoning Map ] E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment Bittner Property 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target Protocol) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Peconic, Town of Southold, County of Suffolk, New York. The subject property, consists of 57.8 acre parcel of partially developed land located on the north side of Soundview Avenue, approximately 1,900 feet west of Diamond Lane. The property is more particularly described as Suffolk County Tax Map # 1000-068-01- 17.2 & 17.3 and 1000-058-01-1. The majority of the subject property consists of unimproved vacant wooded land, a wetland area and a small pond. A single family house is located in the northwest portion of the property un the top of a small bluff. A large bulkhead which was recently replaced is located on the north side of the house. Due to the previous failed bulkhead, the land behind the bulkhead eroded away causing a portion of the home's floor to collapse. According to the property owner Jacqueline Moeller, the house has been vacant for the past eight (8) months to a year. The house is currently heated by propane gas supplied from an underground propane tank located offof the southeast comer of the pool. The house was originally heated by oil which was supplied by an underground storage tank located beneath the front planting area. The fill and vent pipes for the tank were observed in the brick wall surrounding the planting area. A small horse stable building was located in the west central portion of the property. A larger hay barn was located in this area until it burned down several years ago. The southern half of the property consists of woodlands and the northern portion changes into sandy dunes. A small pond which is surrounded by reed is located to the south of the house. A large wetlands area is located in the southern portion of the property. The subject property was inspected and there were no signs of staining, release, residue, odors, or stressed vegetation on the subject property. No Sanborn map coverage was available for the subject property or nearby area. Aerial photographs from 1938, 1954, 1961, 1976, 1980, 1994 and 2004 were reviewed in order to determine if any prior uses occupied the subject property. The subject property was vacant land in 1938 and 1954. The existing house and pond were present in the remaining aerials. The large wetland area located on the southern half of the property was present in all of the aerials. Bittner Property, Pecouic Phase I ESA An extensive government records search found no potential sources of environmental degradation on the subject property. Two (2) Federal, State or County documented regulated sims were noted in the vicinity of the subject property. Specifically, one (1) spill incident and one (1) LUST incident occurred within one half (0.5) mile of the subject property. In conclusion, this assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. The existing underground fuel oil storage tank located on the south side of the house should be removed and properly disposed of or sampled to demonstrate that no prior release has occurred. If any evidence of prior release is detected during the removal process, the New York State Department of Environmental Conservation (NYSDEC) Spill Hotline should be contacted to report a spill. If the existing house is to be demolished or undergo major renovation, an asbestos demolition survey should be completed in accordance with New York State Department of Labor Industrial Code 56. I I 1 tank fill South side ofexistin house Interior oJ:' existing house Typical view of house attic North side of existing house Pool and Fill and ',ent pt)ri for underground oil tank Propane fired boiler in basemenl I 1 Water supply well in basement Su , line ~ ~br oil tank Typical view of northern half of property Typical view of wooded area of properl) 1 1 Well in ' ' ' ' of small horse stable buildir Small horse stable in west central portion of property Reeds surrounding small pond I I I I I I I I I I I I I I FIGURE 1 Bittner Property, Peconic Phase I ESA LOCATION MAP Source: DeLormc Street Atlas Scale: Not to Scale NOR'HI I I I I I I I I I I I I I I FIGURE 2 Bittner Property, Peconic Phase I ESA AERIAL PHOTOGRAPH Source: NYSGIS Orthoimagery Program, 2004 Scale: 1" = 350' NORTH + I I I I I I I I I I I I I ! I FIGURE 3 LAND USE MAP Source: NYSGIS Orthoimagery Program, 2004 Scale: l": 800' Bittner Property, Peconic Phase I ESA NORTH I FIGURE 4 I I I I I I I I I I I I Bittner Property, Peconic Phase I ESA I I I I I I I I I I I I I I FIGURE 5 Bittner Property, Peconic Phase I ESA SOILS MAP Source: Suffolk County Soil Survey Scale: 1" = 800~ NORTH I ll~l~ I I I I ! I I i I I I I I I I 1 FIGURE 6 Bittner Property, Peconic Phase I ESA TOPOGRAPHIC MAP Source: USGS Topographic Quadrangle, Southold Scale: 1" = 800' NORTH 1 I I I I I I I 1 I FIGURE 7 WATER TABLE CONTOUR MAP Bittner Property, Peconic Phase I ESA S53324 5.7O0 NECK BAY LITTLE ~ I ~ 27.48 I GREAT ~,..' I PECONIC [ S46~29 O15.16 Source: USGS Water Resources Investigation Report, 2002 Scale: 1" = 8,000' NORTH I + BAY BAY --~o 0 S~46528 I I I FIGURE 8 Bittner Property, Peconic Phase I ESA WATER MAIN MAP Source: SCWA Distribution Map, 2005 Scale: Not to Scale NORTH Bittner ProperW, Peconic Phase ! ESA FIGURE 9 FRE SHWATEI~ WE TLANOS_ MAP_ ., . acc.. . . .: . ' ., 2 ~ / ' :, .~ ' . ~' ;'~ "~ '1 ~ '. ~ , ". , o '" ~ · ~ .~ ~ ,, , - ~ . ~o3~: ~YE~O~ Fre~water ;etl~ds~ap, Sou~o' NORT-' ~ ~'' ~'c 'H I I I I I I I I I I I I I I I I FIGURE 10 NATIONAL WETLANDS INVENTORY MAP 'EIOWL Source: National Wetlands Inventory Map, Southold Scale: 1" = 800' Bittner Property, Peconic Phase I ESA NORTH I I I I I I I I I I I I I I FIGURE 11 Bittner Property, Peconic Phase I ESA FLOOD MAP ZONE VE (EL 43) ~ ZONE X OTHERWISE PROTECTED AREA IDEIMTIFIED 11--16-91 (SEE COASTAL BARRIER LEOEI%ID) Source: FEMA FLood Map, 154, 161 & 162 Scale: 1" = 600' NORTH I #~, + OVERVIEW MAP - 2033270.2s Target Property Sites at elevations higher than or equal to the target property Sites et elevations lower than the target property Manufactured Gas Plants National Priority List Sites Dept. Defense Sites Indian Reservations ] lO0-year flood zone SOO-year flood zone NationaIWetJand]nventory State Wetlands This report includes Interaclive Map Layers to display and/er hide map information. The legend includes only those icons for the default ~ap view. I SiTE NAME: Bittmer Proper~y ADDRESS: 4305 Sound Avenue Peconic NY 11971 EAT/LONG: 41.0617/72.4629 CLIENT: Nelson. Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY#: 2033270,2s DATE: September 19, 2007 2:20 pm Target Property Sites at elevations higher than or equal to the target property Sites at elevations lower than the target properly Manufactured Gas Plants Sensitive Receptors National Priority List Sites Dept, Defense Sites DETAIL MAP - 2033270,2s / / / / / / / / / / o Indian Reservations BIA ';: OII & Gs.s pipelines t00-year rlood zone 500-year flood zone NationaIWetland Inventory State Wetlands This repot/includes Inleractive Map Layers to display and/or hide map information. The legend includes only those icons for the defaull rnap view. SITE NAME: Bittmer Proper~y CLIENT: Nelson, Pope & Voorhis LLC ADDRESS: 4305 Sound Avenue CONTACT: Mar/ssa Da Breo Peconic NY 11971 INQUIRY#: 2033270.2s LAT/LONG: 41.0617 / 72.4629 DATE: September 19, 2007 2:20 pm SSURGO SOIL MAP - 2033270.2s Target Property SSURGO Soil Water SITE NAME: Bittmer Property ADDRESS: 4305 Sound Avenue Peconic NY 11971 EAT/LONG: 41.0617/72.4629 CLIENT: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY #: 2033270.2s DATE: September 19, 2007 2:20 pm County Boundary Majo¢ Roads Contour Lines Earthquake epicenter, Richter ~ or greater Water Wells Public Water Supply Wells Cluster of Multiple Icons PHYSICAL SETTING SOURCE MAP - 2033270.2s I / / ¥- ../ : / / / / SITE NAME: BitRmer Properly ADDRESS: 4305 Sound Avenue Peconic NY 11971 LAT/LONG: 41.0617/72.4629 CLIENT: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY#: 2033270.2s DATE: September 19, 2007 2:20 pm Historical Topographic Map 0 '% LI1T~'LE / TARGET QUAD NAME: SHELTER ISLAND MAP YEAR: 1904 SERIES: 15 SCALE: 1 ;62500 SITE NAME: ADDRESS: LAT/LONG: Bittmer Properly 4305 Sound Avenue Peconic, NY 11971 41,0617 / 72.4629 CLIENT: Nefson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY#: 2033270.4 RESEARCH DATE: 09/19/2007 Historical Topographic Map TARGET QUAD NAME: SOUTHOLD MAPYEAR: 1943 SERIES: 75 SCALE: 1:25000 SITE NAME: ADDRESS: LAT/LONG: Bittmer Property 4305 Sound Avenue Peconic, NY 11971 41.0517 / 72.4629 CLIENT: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo IN©UIRY#: 2033270.4 RESEARCH DATE: 09/19/2007 Historical Topographic Map 36 27 3O Pine ~re~/D u~es~ Peconie ~ Sch 0 H Cern TARGET QUAD SERIES: 7.5 SCALE: 1:24000 SITE NAME: ADDRESS: LAT/LONG: Bittmer Properly 4305 Sound Avenue Peconic, NY 11971 41~0617 / 724629 CLIENT: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY#: 2033270.4 RESEARCH DATE: 09/19/2007 P U B L I C H E A R I N G Southold Town Board - Letter Board Meeting of September 11, 2007 RESOLUTION 2007-734 ADOPTED Item # 16 DOC ID: 3162 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-734 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 11, 2007: RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ September 25~ 2007~ at 7:40 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of properties owned by Jacqueline Moeller and TMJ Realty Inc. a/k/a the Bittner properties. Said properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2, and #1000- 68-1-17.3. The total area of the properties is 58± acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located within the R-80 zoning district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney's Road in Southold. The combined properties include 1360 feet of road frontage on Soundview Avenue and 1404 feet along Long Island Sound. The proposed acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire fee title as tenants in common to the 58± acres combined parcels for open space passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 58± acres is $13,294,000 (thirteen million two hundred ninety-four thousand dollars) and the purchase will be funded by the Community Preservation Fund and the County of Suffolk Legacy Fund. The Town may be eligible for funding from an awarded $1,464,735 (one million four hundred sixty-four thousand seven hundred thirty-five thousand dollar) federal grant from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). Generated September 17, 2007 Page 20 Southold To~vn Board - Letter Board Meeting of September 11,2007 The purchase will include a vacated residential structure and bulkheading that will be removed in their entirety upon obtaining fee title to these parcels. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space as a park, nature preserve, or recreational area containing undeveloped beachlands and shorelines that are located within a unique or threatened ecological area. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Louisa P. Evans SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated September 17, 2007 Page 21 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the To~vn Board of the Town of Southold hereby sets Tuesday, September 25, 2007~ at 7:40 p.m., Southold Town Hall~ 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of properties owned by Jacqueline Moeller and TMJ Real .ly Inc. a/k/a the Bittner properties. Said properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2, and #1000-68-1-17.3. The total area of the properties is 58~ acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located within the R-80 zoning district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney's Road in Southold. The combined properties include 1360 feet of road frontage on Soundview Avenue and 1404 feet along Long Island Sound. The proposed acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire fee title as tenants in common to the 58± acres combined parcels for open space passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 58± acres is $13,294,000 (thirteen million two hundred ninety-four thousand dollars) and the purchase will be funded by the Community Preservation Fund and the County of Suffolk Legacy Fund. The Town may be eligible for funding from an awarded $1,464,735 (one million four hundred sixty-four thousand seven hundred thirty-five thousand dollar) federal grant from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). The purchase will include a vacated residential structure and bulkheading that will be removed in their entirety upon obtaining fee title to these parcels. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space as a park, nature preserve, or recreational area containing undeveloped beachlands and shorelines that are located within a unique or threatened ecological area. FURTHER NOTICE is hereby given that a more detailed description of the above- mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: September 11, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTIIOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON September 20, 2007~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Land Preservation Town Clerk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEARING September 25, 2007 4:40 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the provisions of Chapter 185'(Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ September 25, 2007, at 7:40 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of properties owned by Jacqueline Moeller and TMJ Realty Inc. a/k/a the Bittner properties. Said properties are identified as SCTM #1000- 58-1-1, #1000-68-1-17.2, and #1000-68-1-17.3. The total area of the properties is 58± acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located within the R-80 zoning district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney's Road in Southold. The combined properties include 1361~ feet of road frontage on Soundview Avenue and 1404 feet along Long Island Sound. The proposed acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire fee title as tenants in common to the 58:: acres combined parcels for open space passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 58± acres is $13,294,000 (thirteen million two hundred ninety-four thousand dollars) and the purchase will be funded by the Community Preservation Fund and the County of Suffolk Legacy Fund. The Town may be eligible for funding from an awarded $1,464,735 (one million four hundred sixty-four thousand seven hundred thirty-five thousand dollar) federal grant from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). The purchase will include a vacated residential structure and bulkheading that will be removed in their entirety upon obtaining fee title to these parcels. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space as a park, nature preserve, or recreational area containing undeveloped beachlands and shorelines that are located within a unique or threatened ecological area. FURTHER NOTICE is hereby given that a more detailed description of the above- mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Moeller/Bittner Property Acquisition Public Hearing 2 September 25, 2007 I have before me the Short Environmental Assessment form filled out and completed. I also have the notice that this has appeared outside on the Town Clerk's bulletin board outside and that it has appeared as a legal in the local newspaper. In addition, we have comments from the LWRP coordinator Mark Terry. "This proposal is for the Town, in a 50/50 partnership with the County of Suffolk to acquire fee title as tenants in common of the 58 plus acres, SCTM#1000-58-1-1, #1000-68-1-17.2 and #1000-68-1-17.3. The addresses of the properties respectively 5415, 4305 and 4305 Soundview Avenue in Peconic. The properties are located within the R-80 zoning district. The properties begin approximately 4,300 feet westerly on Soundview Avenue from the intersection of Soundviexv Avenue and Kenney's Road in Southold. The combined properties include 1,360 feet or road frontage on Soundview Avenue and 1,404 feet along Long Island Sound. Based upon the information provided on the LWRP Consistency Assessment Foi~n submitted to this department, the proposed action is consistent with the policy standards of the LWRP and therefore is consistent with the LWRP." I have no further communications in the file in regard to this proposed matter. SUPERVISOR RUSSELL: Would anyone like to comment on this public hearing? Melissa? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Good evening. I am Melissa Spiro, the Land Preservation Coordinator for the Town. For those of you who can see the aerial map'up front, the property is outlined in red. It is located on the north side of Soundview Avenue basically between Goldsmith Inlet and Great Pond. It is a few properties west of the county owned property known as Peconic Dunes. The property consists of three separate contiguous tax map parcels totaling about 58 acres. They Bittner family purchased the properties at separate times in the 50's and 60's and they have remained as three separate parcels since then. The Bittner's had one residential d~velling on the property and other than that, basically held the property as developed land since purchase. The property contains over 1,400 feet of frontage on Long Island Sound. It contains a great diversity of habitat and wildlife including regionally rare primary and secondary dunes, freshwater wetlands, wooded areas, cranberries, beach plums and many other enviromnentally sensitive features. I've been with the Town 20 years now and I kno~v that for at least that amount of time, the Bittner property has been on every 'wish list' and plan, it is specifically mentioned in the Local Waterfront Revitalization Plan, it was included in the Ne~v York State Open Space Plans and updates, its been on county lists and of course, it is on the Town's Community Preservation Plan. The town is partnering with the county on this purchase. In addition, the town is eligible to receive a federal grant for over $1.4 million towards the purchase. Both the town and county had appraisals done of the property ai~d the purchase price is supported by the appraisals. The town will be using funds from the Community Preservation Fund for the purchase. Both the Nature Conservancy and the Peconic Land Trust have helped the town facilitate this acquisition. Once the property is acquired, a management plan ~vill be prepared for the site. Public trails will be designed to allow public access to the site. All uses will be in accordance with the environmentally sensitive nature of thc property. The house and the bulkhead, which basically juts out into the Sound amt is one of the only bulkheads in that stretch, xvill be rc~noved in order Moeller/Bittner Property Acquisition Public Hearing 3 September 25, 2007 to restore the natural sand flow of the area. The town and county are working diligently towards the closing by the end of the year, at the latest by the end of January. I am thankful that Jackie Bittner has given us the opportunity to preserve her property. Without her willingness to work with us, I would not be here tonight. I know that in the future when we look back at this purchase, we will all be proud to have been a part of it. Properties like this are not found everywhere and the purchase of this property will allow this unique property to remain as is and to be cherished and enjoyed by all forever. It is with great pleasure that I tell you that the Land Preservation Committee and I both recommend that the Town proceed with this important, significant, and I really don't even know what other words to describe this wonderful property, purchase. Thank you to the Town Board for proceeding with this and thank you, Jackie Bittner, for allowing this to happen. Thanks. SUPERVISOR RUSSELL: Thank you. Would anyone else like to come up and address the Town Board? CINDY ICKES: Good evening, I am Cindy Ickes. Just wanting to strongly urge you to purchase this parcel. I think Jackie has been obviously instrumental in making this available and I think along with all the other parcels that are pursued for the open space acquisition, this is a particularly important piece in order to preserve open space and to preserve area for wild ,animals and sensitive plants. Thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to come up and address the Town Board on this acquisition? LILLIAN BALL: Hi, I am Lillian Ball, I mn a member of the Land Preservation Committee. I wanted to just say a couple of things about how special this place is. Many of you already know that it is part of the maritime freshwater interdunal swale that runs basically from Goldsmiths to Horton Point. In the Kenney's beach area, we have always called it the Bittner place. It is a globally rare eco-system that is found in only five places in Ne~v York state, it is the only one on the north fork. The other two are in East Hampton and Fire Island. They are very rare and listed on the New York State significant habitat maps. We don't even know what is there, we have never done an inventory. We know it is pretty spectacular because adjacent properties have the iris prismatica, which is endangered in New York State. Carnivorous sundew, native cranberries and one of the guys from Comell told me he fotmd pink lady slippers in the dunes. As Melissa told you, it is both a double dune system and an inter-dunal swale. And it is, the beach is actually host to osprey and piping plovers have been found there several times. So it is pretty special place. I, like Melissa, would like to thank all the people who have been working so hard on this preservation. The Town Board, the Land Preservation Committee and especially Melissa Spiro. She has been just relentless about this for many years. The Peconic Land Trust, the Nature Conservancy and the landowner. Especially the landowner, Jackie Bittner. This amazing opportunity doesn't come along very often and I am so glad that Southold was able to take advantage of it. Thank you. Moeller/Bittner Property Acquisition Public Heating 4 September 25, 2007 SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to come up and address the Town Board on this purchase? LINDA GOLDSMITH: Hi, I am Linda Goldsmith and I want to say that I am delighted that this property is going to be preserved. I had just a couple of questions that you know, I feel like it is almost anti-climactic but you are not just, you are not just purchasing development rights? SUPERVISOR RUSSELL: No, it is .... MS. GOLDSMITH: It is the whole thing? SUPERVISOR RUSSELL: No, it is the ownership of the parcel. MS. GOLDSMITH: Okay. And the town is responsible for the residential structure and the removal of the bulkheading... SUPERVISOR RUSSELL: Right. MS. GOLDSMITH: And ~vho will create the passive recreational purposes? SUPERVISOR RUSSELL: Use? That would be up to a land stewardship committee that we have in house, so that would be John Sepenoski, the Department of Public Works, Land Preservation representatives; all that have a stake in that issue, will be at the table and draft something probably similar to what xve had passed this morning and I will show you the ones that he did for Laurel Lake and two other parcels. That basically are to provide public use but not to undo the very reason we are purchasing that property, which is its fragile eco-system. MS. GOLDSMITH: And that would be, it would be up to the Town not the county? However that would be used or would that be a collaboration as well? SUPERVISOR RUSSELL: The, because it is a county asset the county residents would have use of that property. I believe, ifI am not mistaken, that the county will defer to us on the land use recommendations. MS. GOLDSMITH: Okay. Well, I think that is a wonderful purchase and I hope that the Town continues to purchase as much waterfront as possible, even further east. SUPERVISOR RUSSELL: Okay. Thank you, Linda. Mr. Carlin, I saw you had your hand up? FRANK CARLIN: Good evening, ladies and gentlemen of the Board. COEFNCILMAN WICKHAM: Good evening. Moeller/Bittner Property Acquisition Public Hearing 5 September 25, 2007 MR. CARL1N: Nobody mentioned how much an acre that is. Per acre. Somebody tell me? $13,294,000....how much is that an acre? On 58 acres? SUPERVISOR RUSSELL: You are asking a guy without a calculator, so I am sorry I don't have the answer but... MR. CARL1N: Tell me. You got something up there, you can't tell me how much an acre? You managed to tell me $13,000,000. (inaudible) SUPERVISOR RUSSELL: It is about $250,000 an acre. MR. CARLIN: Maybe $230,000 maybe? SUPERVISOR RUSSELL: Possibly. MR. CARLIN: That sound close enough? COUNCILMAN W1CKHAM: Yes. MR. CARLIN: Well, thank you. t had to figure that out myself. You know, I am all for land preservation, believe me. But when you get to start paying $230,000 an acre, I think it is getting out o£hand. That's a lot of money. I don't care where it is out. What do we have out there, gold in the ground or something? COUNCILMAN EDWARDS: Mr. Carlin, it is more than a quarter of a mile of frontage on the Sound and that is what primarily influences the cost. MR. CARLIN: What frontage is that going to everybody here, the seniors and everybody else in this Town? Let me give you an example here. You have to support $1,464,000 right? Toxvards it? And the county is going to put the rest to it, is that right? SUPERVISOR RUSSELL: Yeah, it is a split fee. JUSTICE EVANS: No, no. SUPERVISOR RUSSELL: We expect reimbursement. MR. CARLIN: Where you getting that $1,464,000.? COUNCILMAN WICKHAM: That is a federal grant that we believe can be applied to this. MR. CARL1N: Oh, you believe? COUNCILMAN WICKHAM: Yes. Believe. Moeller/Bittner Property Acquisition Public Hearing 6 September 25, 2007 MR. CARLIN: You don't know for sure? COUNCILMAN WlCKHAM: No, we don't know for sure. We haven't even bought it yet. SUPERVISOR RUSSELL: Let me just, we covered that issue at work session several times as to, we know that it is our belief that we will get that money. We asked ourselves the question 'Is this worth pursuing?' if that money doesn't come? And the answer was, by all six of us, absolutely. Let me just tell you, Mr. Carlin, we have an opportunity from time to time to pick up sound front, we have an opportunity from time to time to pick up fragile eco-systems. We have an opportunity from time to time to pick up critical mass but we have never had the opportunity to pick up all of it in one purchase. And this is exactly what this represents. Sixty acres of absolutely pristine land with everything there that the eye can imagine. And I know it sounds like a lot of money but preservation is an expensive game. But not pursuing it is even more expensive in the long mn. MR. CARLIN: It sounds beautiful, Scott, it sounds beautiful, believe me. You really sounded beautiful but if you don't get that grant, then the poor taxpayers are going to be funding this $1,000,000. Who is going to get it? SUPERVISOR RUSSELL: The taxpayers already voted to fund this with the Community Preservation Fund. Ttiey already voted to fund this with Community Preservation Funds. MR. CARLIN: Is that what it says in here? COUNCILMAN WICKltAM: Yes. It is not done by the property taxes. It will be financed through the Community Preservation Fund, which is the 2% transfer tax. SUPERVISOR RUSSELL: That is the money specifically put aside that the voters approved for preservation purposes. MR. CARLIN: That come off the tax map? SUPERVISOR RUSSELL: No, that, it comes off; it gets paid every time a closing takes place in Southold Town. You pay that as part of your receiving fees when you are receiving a deed to a new piece of property. Community Preservation Fund, they levy the money at the County Treasurers office and then it gets distributed back to the Town. It is not tax dollars that get levied out on the tax bill. MR. CARL1N: But I am just saying, is there any income coming in for thc Town for tax revenue for that property like it would be before it was sold? That is what I am saying. SUPERVISOR RUSSELL: Yeah, oh, yeah. We will certainly see this roll over to the exempt portion of the roll but I can't imagine that the taxes right now, xvith one house in poor condition are substantial. It is... Moeller/Bittner Property Acquisition Public Heating 7 September 25, 2007 MI~. CARLIN: You are buying that property for this money, now are you going to improve on it? SUPERVISOR RUSSELL: With passive recreation use only. MR. CARLIN: Where are you going to get that money from? SUPERVISOR RUSSELL: That would come from the stewardship that is allowed for in the CPF, the Community Preservation Fund. We are allowed to earmark 10% of that money to stewardship use. MR. CARLIN: People got answers for everything, I will tell you. COUNCILMAN WICKHAM: isn't that nice. MR. CARLIN: Sometimes, well anyway, lbrget it. Well, I'll tell you I can't see though $230,000 an acre. Man. (Inaudible) for $30,000 or $40,000 but now you are going up there, that is a lot of money. You have got senior citizens in this town here and are moving out because they can't afford to even buy prescription drugs even. You guys are spending that kind of money like it is going out of style. What is there? Gold? Come on. I'll be back, regular. I got plenty to say tonight. SUPERVISOR RUSSELL: Okay. Thank you. MR. CARLIN: This is only a warm up for me. Okay. SUPERVISOR RUSSELL: Okay. Thank you. Would anybody else like to address the Town Board on this acquisition? ALFRED KNAPP: Good evening. My name is Alfred Knapp and I live at 3425 Soundview Avenue, about two lots down, west of Bittner. And I have nine acres there. I am just concerned, 1 think it is a wonderful idea what you are trying to do, I believe the house should come down, I mn just concerned about taking down the bulkheading, for no other reason than I do have two little cottages right on the Sound and since, if you do take down the bulkheading I feel that the status quo between the Goldsmith Inlet jetty and Bittners bulkheading will adversely affect my property. SUPERVISOR RUSSELL: Okay, that is an issue that you can come and we will sit down and talk about that more thoroughly. It was my understanding that that jetty at this point wasn't functional anymore because it was in poor condition. MR. KNAPP: No, it is in excellent condition. COUNCILMAN KRUPSKi: The jetty's arc actually gone. They disappeared in, I am familiar with it in my I'ormer lite as a Trustee, been out there numerous times. The jetty's are actually long gone but the bulkhead itself has been repaired every time it gets Moeller/Bittner Property Acquisition Public Hearing 8 September 25, 2007 destroyed. But that bulkhead, I don't think, sticks out enough to make an impact on coastal erosion there. If you look down the beach, it is a pretty stable beach all the way to the west. MR. KNAPP: That is what I am concerned about. It has been fairly stable but... COUNCILMAN KRUPSKI: But I don't, if you look at it, I don't think it is going to have an impact if it is removed. But that is my opinion, I am not a coastal geologist but... SUPERVISOR RUSSELL: You know what? I would invite you to come and sit down with me and the Town Engineer and if Albert is available, and we will talk about that issue but certainly ~ve want to address it. Okay, thank you. MR. KNAPP: Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this purchase? MS. BALL: I would like to address the gentleman that was concerned about the price. In the Kenney's beach area we had recently a property that was 3A of an acre go for $1.3 million. So $230,000. '- $250,000. sounds like a bargain to me for this globally rare eco- system. SUPERVISOR RUSSELL: I tried to get the guy down but he wouldn't take less than the 1.3 that I offered. COUNCILMAN WICKHAM: I would like to add also, Mr. Carlin, that these numbers are not numbers that the Town Board just keeps dreaming up. The are based on appraisals done by professional appraising firms. So they are substantiated out there in the market. MR. CARLIN: Who was the appraiser? COUNCILMAN WICKHAM: Who ~vas the appraiser? MR. CARLIN: Let me ask you a question, Tom. COUNCILMAN WICKHAM: Excuse me? MR. CARL1N: Let me ask you a question. When you sell this land preservation, do the owners get a copy from the appraisers? An exact copy from the appraiser of that property? Do they get it? COUNCILMAN WICKHAM: l don't know the answer to that question. Moeller/Bittner Property Acquisition Public Hearing 9 September 25, 2007 MR. CARLIN: You don't up here? And you are selling property. COUNCILMAN WICKHAM: Usually they don't but I don't think it .... MR. CARL1N: Why not? They are selling the property aren't they entitled to appraisals? SUPERVISOR RUSSELL: It is... MR. CARLIN: Written appraisals? SUPERVISOR RUSSELL: Those, no they are not actually. It is a negotiation issue when you are entering into a contract. We have an appraiser, they presumably have one themselves. But no, they are not entitled to the information that we are using to formulate offers. MR. CARLIN: Why? SUPERVISOR RUSSELL: No more than when I sell my house, if someone wants to offer me money, I don't have any inherent right to see what appraisal he got to decide to buy my home. That is his business product. I can't interfere with that. It is my house, I set the price at what I see fit and that is how negotiations go. But what we do to make sure that we are paying reasonable prices is we have, I believe, at least two appraisals done. In this particular case, probably more because the county was involved. There ~vere probably four different appraisals by four different professional appraisals. MR. CARLIN: Who paid for them? SUPERVISOR RUSSELL: We do, the county does. Who ever is ordering the appraisal. MS. BALL: The Community Preservation Fund. SUPERVISOR RUSSELL: Oh, yes. The CPF money we just talked about before is usually something we use, again, part of the acquisition and stexvardship program. MR. CARLIN: Your comparing selling a house to selling taxpayers property that you don't have to give a report to them for the appraisal. SUPERVISOR RUSSELL: To the owner? MR. CARLIN: Appraisal report to the owner. You are saying that you don't do it on a house, you don't do it on property but you do it on a house .... SUPERVISOR RUSSELL: They are contracts. They are contracts. We are developing contracts in the art of negotiation, why would you... Moeller/Bittner Property Acquisition Public Hearing 10 September 25, 2007 MR. CARL1N: I will tell you one thing, I wouldn't want to sell any property if I was going to sell it without having in my hand a written report from an appraiser. SUPERVISOR RUSSELL: As a property owner you can go and get your own. That is what the appraisal business is for. MR. CARLIN: Alright. Okay, here we go to the next one. Do you get a, is the report given from the Department of Health on this here? How about the environmental report? You got all of them in there to make this legitimate? SUPERVISOR RUSSELL: What would their role be? MR. CARLIN: Yeah. COUNCILMAN WICKHAM: SEQRA. We had a SEQRA enviromnental analysis done. MR. CARLIN: Is it in writing? COUNCILMAN WICKHAM: Yes. It is in the file. MR. CARL1N: Does that go to the owner? COUNCILMAN WICKHAM: It is available. SUPERVISOR RUSSELL: The SEQRA is a public document. MR. CARL, IN: Did you mention that to the owner that he is entitled to all that stuff? COUNCILMAN WICKHAM: Tbey are entitled to it. MR. CARLIN: You know what I would suggest? I am going to finish this now because I could go on. I suggest to these oxvners who are selling land preservation from now on to make sure what they are signing for. Make sure they get all these attorneys that know land preservation, not an ordinary attorney. Make sure they get these appraisal reports. Make sure they get a report from the environmentalists. Make sure they get a report from the Board of Health, all in writing and hand it to them. Because there is more involved in this than you saying and I'd want to feel sorry for some of these owners, that they don't do this. SUPERVISOR RUSSELL: You know, I would also encourage the owner to make sure they get a check for $13,294,000. MR. CARLIN: (Inaudible) What is that now? Moeller/Bittner Property Acquisition Public Hearing 11 September 25, 2007 SUPERVISOR RUSSELL: I said, I would also encourage the owner to make sure they get a check for $13,294,000. MR. CARL1N: Oh, I am sure they are gonna get a check because the way you guys are buying these things, it must come very easy to you. anybody want to debate me at any time, I have been in this tmvn for 50 years, I know how the town operates. You are welcome to it, any time. GARY DOW: My name is Gary Dow and I wanted to comment against that. I xvork for Prudential, Douglas, Elliman Real Estate in Southold. The current rates now on land now at this point in time on a one acre lot are from $325,000 to $425,000 for a flank lot in a field. Waterfront currently is going at a minimum of $750,000 an acre on the water to $1,125,000. and these are comps that we have got that are currently; so an average price on the water is $1,000,000 for lots being sold, for one acre. So this more than justifies the price that is being paid for this property. COUNCILMAN KRUPSKI: You can't... MR. DOW: Seventy five percent discount. COUNCILMAN KRUPSKI: You can't look at it just in context of price per acre, you have to look at the map and you have to look at Goldsmith Inlet and you have to look at Great Pond, which is Town oxvned and you have to look at the land that is preserved, not only the enviromnentally sensitive of the land that is preserved there but also the land use of the whole Sound front between those two water bodies, you look at the land, the farmland to the south that has been preserved and you put together a whole picture of what is an important parcel for the Town not to have that built out with houses. So it is not so much that is just a 58 acre parcel by itself, you look at the whole picture and you see that is important because it fits in with the rest of the area. COUNCILMAN EDWARDS: I think it is also worth pointing out because of the contribution from the county because of the contribution from the grant, that the cost to the Town per acre is in the range of $95,000 per acre. Not $230,000 which is the total amount. MR. CARLIN: Nobody can build on that land, right? SUPERVISOR RUSSELL: Not after we get it. MR. CARLIN: It is an automatic nobody can build, right? COUNCILMAN EDWARDS: Nobody. MR. CARLIN: So ali these years, that land has been there, right? No big deal. All ora sudden now, you want to buy this thing. It is been there and it can't be built on, so what are you getting all upset about buying it? Moeller/Bittner Property Acquisition Public Hearing 12 September 25, 2007 SUPERVISOR RUSSELL: It can be built on. We are buying it to prevent the construction of that. It can certainly be built on, the family bought it and enjoyed it for lots of years. And we were lucky that they left it in its pristine state. But it doesn't mean that it can't be built on, it certainly can. That is why, and it is not, we didn't just decide to buy it, they just decided to sell it to us and that is why the contract is now. this is something the Town, I have to tell you Mr. Carlin, I agree with you on a lot of things. How much we are paying now and the sum deals here that we have had over the past year or two that I really went along with kicking and screaming because of the cost because it is the value of ~vhat we are paying versus the value of what we are getting. This is the one pie purchase price property that I didn't even have to thi~k twice about. I am very familiar with the property, I was an Assessor, I was on that property and this is the one that I just thought was an absolute slam dunk for me. In terms of what we are getting, in terms of what we were able to leverage our own money with county money, with possible federal money. What we are getting in return for taxpayers and future generations, I just don't think, this has probably been one of the most significant purchases in a long, long time. MR. CARLIN: What I am saying, Scott, oh, I don't understand this. I don't, what are you, for that money, ~vhy not leave it the xvay it is? Now, wait a minute. Wait a minute. You said it could be built on. SUPERVISOR RUSSELL: Mmhtun. MR. CARL[N: Why don't you change the zoning code that they can't build on it? SUPERVISOR RUSSELL: Not without going to court and losing probably ajudgment in the amount of $13,294,000. MR. CARL1N: You guys to court on all these little things .... SUPERVISOR RUSSELL: I can't just stop. MR. CARLEN: You are always in court anyways so what is the difference? SUPERVISOR RUSSELL: You can't, that is a, we can't just rezone things out of existence because we want to protect it. MR. CARL[N: Well, who makes the zoning code up? Don't the Town Board make the zoning code up? Come on, Scott. SUPERVISOR RUSSELL: And we have to honor our own code. And we zoned that property at 2 acre zoning. We have a legal obligation to honor our own code. MR. CARL[N: Scott, you know what amendment is'? Amend something. You can change something right'? You do it all the time, that is what you have a Board of Appeals for. I better stop because you can't follow Moeller/Bittner Property Acquisition Public Hearing 13 September 25, 2007 MS. SP1RO: I just wanted to point out that the property, when we started negotiating with Jackie Bittner, the property was on the market and that the Planning Department had received many serious inquiries about full development of that property, so it is not that it was just being held like that forever. It was under threat of development. SUPERVISOR RUSSELL: That is right. COUNCILMAN WICKHAM: Is anyone from the Bittner family here tonight? (No response) SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this particular purchase? (No response) Okay. Southold Town Clerk S E R E S 0 L U T I 0 N RESOLUTION 2007-770 ADOPTED DOC ID: 3183 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-770 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25, 2007: WHEREAS, the Town Board of the Town of Southold wishes to purchase fee title to certain properties owned by Jacqueline Moeller and TMJ Realty Inc. a/k/a Bittner properties pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2 and #1000-68-1-17.3. The total area of the properties is 58± acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located in the R-80 zoning district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney's Road in Southold. The combined properties include 1360± feet of road frontage on Soundview Avenue and 1404± feet along Long Island Sound. The proposed acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire fee title as tenants in common io the entire 58± acres for open space passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 58± acre property is $13,294,000 (thirteen million two hundred ninety-four thousand dollars) plus acquisition costs. The purchase price and acquisition costs will be shared equally by the Town of Southold and County of Suffolk and will be funded by the Town's Community Preservation Fund and the County of Suffolk Legacy Fund. The Town is eligible for funding from an awarded $1,464,735 (one million four hundred sixty-four thousand seven hundred thirty-five dollar) federal grant from the US National Oceanic and Atmospheric Administration, Coastal Estuafine Land Conservation Program (NOAA/CELCP). The property includes a vacated residential structure and bulkheading; both will be removed in their entirety upon obtaining fee title to these parcels. The County will not be responsible for removal costs of the residential structure; now, therefore, be it RESOLVED by thc Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further Resolution 2007-770 Board Meeting o£September 25, 2007 RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councihnan SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Updated: 9/25/2007 8:18 AM by Linda Cooper Pagc 2 617,20 Appendix C State Environmental Quality Review SHORT ENVZRONbIENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PRO3ECT INFORMAT/ON (To be completed by Applicant OR Project) Page I of 2 1. APPLICANT/SPONSOR: Southold Town Beard r,~.-.~.-, ,..,,.,~: [ 3. PRO]E~ LOCA~ON: 4. PRECISE LOCA~ON: (~treet address a~d road Interse~ions:prominent landmarks etc or provide map) 5. IS PROPOSED ACTION: New~ Expansion ~ Hodiflcatlon 7. AMOUNT OF ND AFFECTED: IH[TALLY .~A acres ULTIMATELY acres [kWIieLsP~OP~ED/T::~e~:/~e:~L~:WITH EXISTING ZONING OR OTHER EXISllNG LAN D USE RESTR/CTIONS? WHAT IS PRESENT LAND USE IN VICIN]LTY OF PRO3ECT? Residential Commercial Industrial Agriculture Park/Forest/Open space Other t De$cr/be: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR UL'E[MATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL~ STATE OR LOCAL)? e ~o~· gle ~'u~t t/~--~, l~l ~ ~ ~ ~ ~' ~ Yes ~ No /;~YPS hb? agent(s) ond/;erm~t/appmva/s 12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No L I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE r, er~ PART ZZ-ENVZRONHENTAL ASSESSHE?T (To be~ompieted by Agency) Page 2.°f 2 ..................................... A. DOES ACT~OFI EXCEED ANY TYPE ! THRESHOLD !1t 6 NYCRR~ PART 617.47 [] yesj~ No lf yes coordinate the rev/ew process and u£e the ful/ EAF B. WILL ACTION RECEIVE COORD[flATED REVIEW A~ PROVIDED FOR UNL[~FED ACTIONS !N 6 flYCRR~ PART 617.67 Yes~r No if no, a negat/ve dedarat/on may be suspended b~ a~o#ler lnv~/?d agen~ C, COULD ACT[ON RESULT t'N ANY ADVERSE EFFECTS A$SIOCIATED WTI'H THE FOLLOWING: Answers may be handwriL~en, if legible) C1. Existing air quali~7, surface or groundwater qualgy or quantity, noise levels, existing traffic patterns solid waste production or disposal, potential for erosion, dratnage or flooding problem? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or commuffity or neighborhood character? Explain briefly: C3. V'e-getation or fauna tis les she fish, or wildlife species, s~gmficant hah tats, or threatened or endangered spedes? Explain briefly: C4. A community s existing plans or goals as o~ficially adopted, or change io use or intensity of Use of land or other natural resources? CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effeds not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of effi!er quantity of type of energy)? Explain briefly: D. WILL THE PRO3ECT HAVE AN !MPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~ Yes~ No E. !S THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, or otherwise s~gnificant. Each effect should be assessed in connecUon with its (a) setting (i.e. urban or ruraI); probability of occurring; (c) duration; (dO irreversibilityl (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain suffident detail to show tbat all relevant adverse impacts have been identified and adequately addressed. If question D of part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one o~ more potentially large or significant adverse impacts, which may occur. Then proceed directly to the FULL ENVIRONHETNAL ASSESSMENT FORM and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and a~y supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on a~achmen~ as neces~w, the reasons supporting this determi ation: Title o[ Respo bio O~ce Sign~;f Respon~cer in L,ad ~en~ --,Signatu,~ ~f~repa,e(if differ~rom of re. ponsibte officer) P U R C H A S E R E S O L U T I O N RESOLUTION 2007-773 ADOPTED DOC ID: 3184 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-773 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25, 2007: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of fee title to certain properties owned by Jacqueline Moeller and TMJ Realty Inc. 25 day of September, 2007, pursuant to the provisions of Chapter a/k/a Bittner properties on the th 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2, and #1000-68-1-17.3. The total area of the properties is 584- acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located in the R-80 zoning district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney's Road in Southold. The combined properties include 1360± feet of road frontage on Soundview Avenue and 14044- feet along Long Island Sound; and, WHEREAS, thc proposed acquisition is for the Town, in a 50%/50% partnership with the County of suffolk, to acquire fee title as tenants in common to the entire 584- acres for open space passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 584- acre property is $13,294,000 (thirteen million two hundred ninety-four thousand dollars) plus acquisition costs. The purchase price and acquisition costs will be shared equally by the Town of Southold and County of Suffolk and will be funded by the Town's Community Preservation Fund and the County of Suffolk Legacy Fund. The Town is eligible for funding from an awarded $1,464,735 (one million four hundred sixty-four thousand seven hundred thirty-five dollar) federal grant from the US National Oceanic and Atmospheric Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). The property includes a vacated residential structure and bulkheading; both will be removed in their entirety upon obtaining fee title to these parcels. The County will not be responsible for removal costs of the residential structurc; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for the following purposes: preservation of open space; nature preserve or recreational areas; preservation of undeveloped beachlands or shorelines; and preservation of unique or threatened ecological areas. Uses of the property shall be limited to those consistent with passive recreational uses and shall be designed in accordance with the Resolution 2007-773 Board Meeting of September 25, 2007 environmentally significant nature of the property. Proposed uses of the property may include the establishment of a nature preserve and passive recreational area with trails and limited parking for trail access purposes. A Management Plan will be developed for the property; and, WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has determined, that due to the nature of the funding for the acquisition, no sanitary flow credits will be available for transfer from the property; and WHEREAS, the purchase of fee title to these properties for open space purposes is in conformance with the provision of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire fee title to this open space acquisition; and WHEREAS, the Toxvn Board deems it in the best public interest that the Town of Southold purchase fee title on these properties; now, therefore, be it RESOLVED that thc Town Board of the Town of Southold hereby elects to purchase fee title to certain properties owned Jacqueline Moeller and TMJ Realty Inc. a/k/a Bittner properties pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified as SCTM #1000-58-l-1, #1000-68-1-17.2 and #1000-68-1-17.3. The total area of the properties is 58~ acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located in the R-80 zoning district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney's Road in Southold. The combined properties include 13604- feet of road frontage on Soundview Avenue and 1404~ feet along Long Island Sound. The proposed acquisition is for the Toxvn, in a 50%/50% partnership with the County of Suflblk, to Updated: 9/25/2007 4:15 PM by Linda Cooper Page 2 Resolution 2007-773 Board Meeting of September 25, 2007 acquire fee title as tenants in common to the entire 58+ acres for open space passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 58± acre property is $13,294,000 (thirteen million two hundred ninety-four hundred thousand dollars) plus acquisition costs. The purchase price and acquisition costs will be shared equally by the Town of S outhold and County of Suffolk and will be funded by the Town's Community Preservation Fund and the County of Suffolk Legacy Fund. The Town is eligible for funding from an awarded $1,464,735 (one million found hundred sixty-four thousand seven hundred thirty-five dollars) federal grant funding from The US National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). The property includes a vacated residential structure and bulkheading; both will be removed in their entirely upon obtaining fee title to these parcels. The County will not be responsible for removal costs of the residential structure. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for the following purposes: preservation of open space; nature preserve or recreational areas; preservation of undeveloped beachlands or shorelines; and preservation of unique or threatened ecological areas. Uses of the property shall be limited to those consistent with passive recreational uses and shall be designed in accordance with the environmentally significant nature of the property. Proposed uses of the property may include the establishment of a nature preserve and passive recreational area with trails and limited parking for trail access purposes. A Management Plan will be developed for the property. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has determined, that due to the nature of the funding, no sanitary flow credits will be available for transfer from the property. The purchase of fee title to these properties for open space purposes is in conformance with the provision of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the Town Board hereby finds this action to be consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Daniel C. Ross, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Updated: 9/25/2007 4:15 PM by Linda Cooper Page 3 C 0 U N T Y R E S 0 L U T I 0 N S Intro Page 1 of 8 Intro. Res. No. 1338-2004 Laid on Table 3/23/2004 Introduced by the Presiding Officer on request of the County Executive and Legislators Crecca, Schneiderman and O'Leary RESOLUTION NO. 621 -2004, APPROVING MASTER LIST OF ENVIRONMENTALLY SENSITIVE~ FARMLAND, AND RECREATIONALLY IMPORTANT LAND AC(~UI'St'Tt'ONS AND IMPLEMENTING PLANNING STEPS WHEREAS, Local Law 35-1999, "A Charter Law Adopting Common Sense Tax Stabilization Plan for Sewers, Environmental Protection and County Taxpayers," authorizes the use of 7.35 per cent of sales and compensating use tax proceeds generated each year for farmland development rights acquisition, as determined by duly enacted Resolutions of the County of Suffolk; and WHEREAS, Resolution No. 559-1998 (Local Law No. 27-1998), a "Charter Law Adding Article XII-A to the Suffolk County Charter to Provide a Suffolk County Greenways Community Fund" was approved by the electorate on November 3, 1998, thereby making $20 Million available for land acquisition under the Suffolk County Farmland Development Rights Program; and WHEREAS, the Greenways Community Fund provides for Town participation by sharing in the investment in County land acquisitions to expedite land preservation; and WHEREAS, Resolution No. 559-1998 (Local Law No. 27-1998), a "Charter Law Adding Article XH-A to the Suffolk County Charter to Provide a Suffolk County Greenways Community Fund" was approved by the electorate on November 3, 1998, thereby making $20 Million available for land acquisition under the Suffolk County Open Space Preservation Program; and WHEREAS, Local Law 35-1999, "A Charter Law Adopting Common Sense Tax Stabilization Plan for Sewers, Environmental Protection and County Taxpayers," authorizes the use of 13.55 per cent of sales and compensating use tax proceeds generated each year for open space acquisition, as determined by duly enacted Resolutions of the County of Suffolk; and WHEREAS, Resolution No. 751-1997 established the Land Preservation Partnership Program with Suffolk County towns, subject to receipt by the County Executive of a Town Board resolution which represents that the property is eligible for acquisition under the County Drinking Water Protection Program, the Open Space Program, the Farmland Development Rights Program, watershed and/or estuary protection, or parklands; authorizes acquisition of fee title, or a lesser interest therein, to be held by the County of Suffolk; appropriates funds for the acquisition in the amount of fifty-percent (50%) of the total cost of acquisition, including, but not limited to survey, appraisal, environmental audit, title insurance, tax adjustment and taxes prior to exemption and recommends management and use of the property in accordance with existing or new County land preservation and management categories, as listed in that Resolution; and WHEREAS, the 5th RESOLVED clause of Resolution No. 459-2001 established the Suffolk County Multifaceted Land Preservation Program for acquisitions to be consummated pursuant to Resolution 751-1997; pursuant to the traditional Suffolk County Open Space Program (in accordance with criteria attached thereto as Exhibit "A"); pursuant to Chapter 8 of the SUFFOLK COUNTY CODE; for parkland purposes; for environmentally sensitive land acquisition; for watershed and/or estuary protection; for drinking water protection purposes; or in accordance with the programmatic criteria set forth in Resolution No. 603-2001 designated as the Suffolk County Active Parklands Stage II Acquisition Program; and WHEREAS, Res. 591-1996, approved by the electorate on November 5, 1996, amended the Suffolk County 1/4% Drinking Water Protection Program so as to allocate nearly one-third (1/3) of the surplus funds under this Program to the acquisition of parklands (inclusive of beach nourishment allocation) in the Towns of Huntington, Babylon, Islip, Shelter Island, and Smithtown, based on each Town's pro rata share of the County-wide population, as determined by a duly enacted Resolution by the County of Suffolk; and WHEREAS, Res. 591-1996, approved by the electorate on November 5, 1996, amended http://legis.suffolkcountyny.gov/resos2004/i 1338-04.htm 9/10/2009 Intro Page 2 of 8 the Suffolk County 1/4% Drinking Water Protection Program so as to allocate nearly two-thirds (2/3) of the surplus funds under this Program to the acquisition of land in accordance with Section 12-5(A) of the SUFFOLK COUNTY CHARTER, as determined by a duly enacted Resolution by the County of Suffolk; and WHEREAS, the County's nationally acclaimed land-preservation programs are in need of a jump start that revolves around adoption of a master list of important and significant environmentally sensitive lands, farmland, working landscapes and recreationally important lands, in addition to parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, necessary to be acquired by the County of Suffolk for the recent urgent development that wipes out the last vestiges of open space; now, therefore, be it 1st RESOLVED, that the master lists identified by Exhibits "A and B" for the acquisition of environmentally sensitive, farmland, and recreationally important lands in Suffolk County, is hereby approved and/or confirmed, as a supplement to parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk; and be it further x.) DEVELOPMENT RIGHTS TO FARMLANDS/PAY-AS-YOU-GO 1/4°/o TAXPAYER PROTECTION PROGRAM 2nd RESOLVED, that the following parcel(s), in addition to parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, is (are) hereby approved for preliminary planning steps and ultimate inclusion in the Suffolk County Farmland Preservation Program authorized, empowered, and directed by Section 12-3 of the SUFFOLK COUNTY CHARTER and implemented under Article XII of the SUFFOLK COUNTY CHARTER: SUFFOLK COUNTY TAX MAP NUMBER: ACRES: REPUTED OWNER PARCEL: AND ADDRESS: No. I District Section Block Lot SET FORTH IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF and be it further 3rd RESOLVED, that the Commissioner of the County Department of Public Works is hereby authorized, empowered, and directed, pursuant to Section 8-2(W) of the SUFFOLK COUNTY CHARTER, to have surveys and maps prepared for the subject parcel(s) in accordance with Resolution No. 423-1988; and be it further 4th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby authorized, empowered, and directed, pursuant to Section 14-10(B) of the SUFFOLK COUNTY CHARTER, to have the subject parcel(s) appraised, environmentally audited, and searched for title; and be it further 5th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire the farmland development rights of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further 6th RESOLVED, that the cost of such surveys, title searches, audits, maps and/or appraisals, if any, shall be paid from the funds to be appropriated pursuant to Article XII of the SUFFOLK COUNTY CHARTER as a reimbursement, if necessary, for costs incurred and paid for from other funds or as a direct payment from such proceeds, as the case may be; and be it further http://legis.suffolkcountyny.gov/resos2004/i 1338-04.htm 9/10/2009 Intro Page 3 of 8 7th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to utilize such valid appraisals for the subject parcel(s) as may be made available to the County by any pertinent municipality, either voluntarily or upon request by the County of Suffolk; and be it further 8th RESOLVED, that the County of Suffolk may reimburse any municipality, whose appraisal is utilized for the above-described purpose, for the cost of obtaining such appraisal in the event that the County elects to utilize such appraisals for the subject parcel(s); and be it further II.) GREENWAYS PROGRAM FARMLAND DEVELOPMENT RIGHTS 9th RESOLVED, that the Director of the Division of Real Estate, or his deputy, is hereby authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to take all preliminary planning steps (i.e. survey, appraisal, title search, and environmental audit) as shall be necessary and appropriate to acquire the farmland development rights, via a negotiated purchase, in addition to parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk listed herein below from the reputed owners for inclusion in the Suffolk County Farmland Development Rights Program, the funding for which shall be provided under the Suffolk County Greenways Community Fund, i.e. Section 12-A(A)(3) of the SUFFOLK COUNTY CHARTER: SUFFOLK COUNTY PARCEL: TAX MAP NUMBER: ACRES: REPUTED OWNER AND ADDRESS: No. I District Section Block Lot SET FORTH IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF and be it further 10th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire fee simple absolute or a lesser interest (i.e. conservation easement) of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further 11th RESOLVED, that the pertinent proposed acquisition shall be consummated in accordance with, and subject to, the provisions of Sections 12-A(A)(3), (5) and (6) of the SUFFOLK COUNTY CHARTER in connection with such farmland development rights acquisitions, the appropriations and expenditures of County bond proceeds for which is hereby conditioned upon receipt by the County of Suffolk of the written binding pledge or commitment to provide at least thirty per cent (30%) of the actual cost of acquisition from the pertinent Town, for each subject parcel from which such farmland development rights are acquired; and be it further 12th RESOLVED, that the County Department of Planning, the Division of Real Estate; the County Planning Department; the County Department of Public Works; and/or the County Department of Parks, Recreation and Conservation are hereby authorized, empowered, and directed to take such other actions as may be necessary and appropriate to consummate such acquisition, including, but not limited to, securing appraisals, obtaining surveys, obtaining engineering reports, securing title insurance, and executing such other documents as are required to acquire such County interest in said lands; and be it further III,) GREENWAYS PROGRAM/OPEN SPACE 13th RESOLVED, that the Director of the Division of Real Estate, or his deputy, is hereby authorized, empowered, and directed, pursuant to Section 16-3(B) of the SUFFOLK COUNTY CHARTER, to take all preliminary planning steps (i.e. survey, appraisal, title search, and environmental audit) as http://legis.suffolkcountyny.gov/resos2004/i 1338-04.htm 9/10/2009 Intro Page 4 of 8 shall be necessary and appropriate to acquire fee title to the parcels listed herein below from the reputed owners for inclusion in the Suffolk County Active Open Space Acquisition Program, in addition to parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, the funding for which shall be provided under the Suffolk Community Greenways County Fund, i.e. Section 12-A(A)(1) of the SUFFOLK COUNTY CHARTER: SUFFOLK COUNTY PARCEL: TAX MAP NUMBER: ACRES: REPUTED OWNER AND ADDRESS: NO. I District Section Block Lot SET FORTH IN EXHIBIT "B' ATTACHED HERETO AND MADE A PART HEREOF and be it further 14th RESOLVED, that this proposed acquisition shall be consummated in accordance with, and subject to, the provisions of Sections 12-A(A)(1), (5) and (6) of the SUFFOLK COUNTY CHARTER in connection with such open-space preservation acquisitions; and be it further 15th RESOLVED, that the County Department of Law, the Division of Real Estate, the County Planning Department, the County Department of Public Works, and/or the County Department of Parks, Recreation and Conservation are hereby authorized, empowered, and directed to take such other actions as may be necessary and appropriate to consummate such acquisition, including, but not limited to, securing appraisals, obtaining surveys, obtaining engineering reports, securing title insurance, and executing such other documents as are required to acquire such County interest in said lands; and be it further 16th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire fee simple absolute or a lesser interest (i.e. conservation easement) of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further IV,) LAND ACQUISITION/PAY-AS-YOU-GO 1/4°/o TAXPAYER PROTECTION PROGRAM 17th RESOLVED, that the following parcel(s), in addition to those parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, is (are) hereby approved for preliminary planning steps and ultimate inclusion in the Suffolk County Drinking Water Protection Program authorized, empowered, and directed by Section :12-3 of the SUFFOLK COUNTY CHARTER and implemented under Article XII of the SUFFOLK COUNTY CHARTER: SUFFOLK COUNTY PARCEL TAX MAP NO. ACRES REPUTED OWNER No. I District Section Block Lot SET FORTH IN EXHIBIT "B" AI~-ACHED HERETO AND MADE A PART HEREOF and be it further 18th RESOLVED, that the Commissioner of the County Department of Public Works is hereby authorized, empowered, and directed, pursuant to Section 8-2(W) of the SUFFOLK COUNTY CHARTER, to have surveys and maps prepared for the subject parcel(s) in accordance with Resolution No. 423-1988; and be it further 19th RESOLVED, that the Director of the Division of Real Estate within the County Planning http://legis.suffolkcountyny.gov/resos2004/i 1338-04.htm 9/10/2009 Intro Page 5 of 8 Department, or his or her deputy, is hereby authorized, empowered, and directed, pursuant to Section 14-10(B) of the SUFFOLK COUNTY CHARTER, to have the subject parcel(s) appraised, environmentally audited, and searched for title; and be it further 20th RESOLVED, that the County Department of Parks, Recreation, and Conservation is hereby authorized, empowered, and directed, pursuant to Section 28-4(A) of the SUFFOLK COUNTY CHARTER and Section 119-o of the NEW YORK GENERAL MUNICTPAL LAW to enter into such agreements with the pertinent Town as shall be necessary and appropriate to provide for day-to-day management of said property by the pertinent Town and to provide such improvements as shall be necessary and appropriate to manage such property and implement such agreements; and be it further 21st RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire fee simple absolute or a lesser interest (i.e. conservation easement) of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further 22nd RESOLVED, that the cost of such surveys, title searches, audits, maps and/or appraisals, if any, shall be paid from the funds to be appropriated pursuant to Article XII of the SUFFOLK COUNTY CHARTER as a reimbursement, if necessary, for costs incurred and paid for from other funds or as a direct payment from such proceeds, as the case may be; and be it further 23rd RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to utilize such valid appraisals for the subject parcel(s) as may be made available to the County by any pertinent municipality, either voluntarily or upon request by the County of Suffolk; and be it further 24th RESOLVED, that the County of Suffolk may reimburse any municipality, whose appraisal is utilized for the above-described purpose, for the cost of obtaining such appraisal in the event that the County elects to utilize such appraisals for the subject parcel(s); and be it further v.) ACQUISITION OF LAND/1989-2000 DRINKING WATER PROTECTION PROGRAM (RESIDUAL FUNDS) 25th RESOLVED, that the following parcel(s), in addition to parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, are hereby approved for preliminary planning steps and ultimate inclusion in the Suffolk County Drinking Water Protection Program authorized, empowered, and directed by Section 12-3 of the SUFFOLK COUNTY CHARTER and implemented under Article XII of the SUFFOLK COUNTY CHARTER: SUFFOLK COUNTY PARCEL TAX MAP NO. ACRES REPUTED OWNER No. I District Section Block Lot SET FORTH IN EXHIBIT "B' A~-ACHED HERETO AND MADE A PART HEREOF and be it further 26th RESOLVED, that the Commissioner of the County Department of Public Works is hereby authorized, empowered, and directed, pursuant to Section 8-2(W) of the SUFFOLK COUNTY CHARTER, to have surveys and maps prepared for the subject parcel(s) in accordance with Resolution No. 423-1988; and be it further 27th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby authorized, empowered, and directed, pursuant to Section 14-10(B) of the SUFFOLK COUNTY CHARTER, to have the subject parcel(s) appraised; and be it further http://legis.suffolkcountyny.gov/resos2004/i 1338-04.htm 9/10/2009 Intro Page 6 of 8 28th RESOLVED~ that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire fee simple absolute or a lesser interest (i.e. conservation easement) of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further 29th RESOLVED, that the cost of such surveys, maps and/or appraisals, if any, shall be paid from the funds to be appropriated pursuant to Article XlI of the SUFFOLK COUNTY CHARTER as a reimbursement, if necessary, for costs incurred and paid for from other funds or as a direct payment from such proceeds, as the case may be; and be it further 30th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to utilize such appraisals for the subject parcel(s) as may be made available to the County by any pertinent municipality, either voluntarily or upon request by the County and to secure such title searches and environmental audits as shall be necessary and appropriate to acquire the title to the parcels listed herein from the reputed owners for inclusion into the County's Open Space or Parkland Preservation program, as the case may be; and be it further 31st RESOLVED, that the County of Suffolk may reimburse any municipality, whose appraisal is utilized for the above-described purpose, for the cost of obtaining such appraisal in the event that the County elects to utilize such appraisals for the subject parcel(s); and be it further VI.) SUFFOLK COUNTY LAND PRESERVATZON PARTNERSHZP PROGRAM 32nd RESOLVED, that the Director of the Division of Real Estate, or his deputy, is hereby authorized, empowered, and directed, pursuant to Section :L4-10(B) and (E) of the SUFFOLK COUNTY CHARTER, to take all preliminary planning steps (i.e. survey, appraisal, title search, and environmental audit) as shall be necessary and appropriate as set forth in the 3rd RESOLVED clause of this Resolution to acquire fee title for the parcels listed herein below, from the reputed owners, in addition to the parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, for inclusion in the Suffolk County Land Preservation Partnership Program, E.G. PARKLANDS, OPEN SPACE, DRINKING WATER PROTECTION PROGRAM, FARMLAND DEVELOPMENT RIGHTS PROGRAM, WATERSHED AND/OR ESTUARY PROTECTION, TO RESTRICT USE AS SPECIFIED IN A CONSERVATTON EASEMENT, the funding for which shall be provided under Resolutions Nos. 751-1997 and 1092-1997 as supplemented by subsequent appropriations: SUFFOLK COUNTY PARCEL: TAX MAP NUMBER: ACRES: REPUTED OWNER AND ADDRESS: No. I District Section Block Lot SET FORTH IN EXHIBITS "A and B" AI-rACHED HERETO AND MADE A PART HEREOF and be it further 33rd RESOLVED~ that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire fee simple absolute or a lesser interest (i.e. conservation easement) of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further 34th RESOLVED, that this proposed acquisition shall be consummated in accordance with, and subject to, the provisions of Resolutions Nos. 751-1997 and 1092-1997; and be it further 35th RESOLVED, that the County Department of Planning, Division of Real Estate, the County http://legis.suffolkcountyny.gov/resos2004/i 1338-04.htm 9/10/2009 Intro Page 7 of 8 Planning Department, the County Department of Public Works, and/or the County Department of Parks, Recreation and Conservation are hereby authorized, empowered, and directed to take such other actions as may be necessary and appropriate, in connection with planning for such acquisition, to secure appraisals, obtain surveys, obtain engineering reports, and secure title insurance for such lands; and be it further 36th RESOLVED, that any unencumbered, unallocated funds available at the conclusion of the consummation of the acquisition of these proposed parcels shall be appropriated to future and subsequent acquisitions under the Suffolk County Land Preservation Partnership Program; and be it further VII.) MULTIFACETED LAND PRESERVATION PROGRAM 37th RESOLVED, that the Director of the Division of Real Estate, or his deputy, is hereby authorized, empowered, and directed, pursuant to Section 14-10(I=) of the SUFFOLK COUNTY CHARTER, to take all preliminary planning steps (i.e. survey, appraisal, title search, and environmental audit) as shall be necessary and appropriate as set forth in the 3rd RESOLVED clause of this Resolution, funding for which shall be provided in Capital Project No. 7177, to acquire fee title to the parcels listed herein below from the reputed owners for inclusion in the Suffolk County Multifaceted Land Acquisition Program for acquisitions, together with those parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, to be consummated ---pursuant to Resolution 751-1997; ---pursuant to the traditional Suffolk County Open Space Program (in accordance with criteria attached thereto as Exhibit "A"); ---pursuant to Chapter 8 of the SUFFOLK COUNTY CODE; for parkland purposes; ---for environmentally sensitive land acquisition; ---for watershed and/or estuary protection; ---for drinking water protection purposes; or ---in accordance with the programmatic criteria set forth in Resolution No. 603-2001 designated as the Suffolk County Active Parklands Stage I! Acquisition Program: SUFFOLK COUNTY PARCEL: TAX MAP NUMBER: ACRES: REPUTED OWNER AND ADDRESS: No. District Section Block Lot SET FORTH IN EXHIBIT "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF and be it further 38th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his or her deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire fee simple absolute or a lesser interest (i.e. conservation easement) of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further 39th RESOLVED, that this proposed acquisition shall be consummated in accordance with, and subject to, the provisions of the 5th RESOLVED clause of Resolution No. 459-2001; and be it further 40th RESOLVED, that the County Department of Planning, Division of Real Estate, the County Planning Department, the County Department of Public Works, and/or the County Department of Parks, Recreation and Conservation are hereby authorized, empowered, and directed to take such other actions as may be necessary and appropriate, in connection with planning for such acquisition, to secure appraisals, obtain surveys, obtain engineering reports, and secure title insurance for such lands; and be it further VIII,) WATER QUALITY PROTECTION COMPONENT OF http://legis.suffolkcountyny.gov/resos2004/i 1338-04.htm 9/10/2009 Intro Page 8 of 8 1/4°/o DRINKING WATER PROTECTION PROGRAM 41st RESOLVED, that the Director of the Division of Real Estate in the County Department of Planning is hereby authorized, empowered, and directed, pursuant to Section 14-10(B) or Section 14-10 (E) of the SUFFOLK COUNTY CHARTER, to take all preliminary planning steps (i.e. survey, appraisal, title search, and environmental audit) as shall be necessary and appropriate to acquire fee title to the parcels listed herein below from the reputed owners for inclusion into the County's Open Space or Parkland Preservation Program, in addition to parcels previously approved for consideration for acquisition via duly enacted resolutions of the County of Suffolk, as the case may be: SUFFOLK COUNTY PARCEL: TAX I4AP NUt4BER: ACRES: REPUTED OWNER AND ADDRESS: No. I District Section Block Lot SET FORTH IN EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF and be it further 42nd RESOLVED, that the Director of the Division of Real Estate in the County Department of Planning is hereby authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to initiate written contact with the owner(s) of the property, prior to ordering an appraisal, for the purpose of commencing negotiations to acquire fee simple absolute or a lesser interest {i.e. conservation easement) of the subject parcels, the actual acquisition of which shall be subject to approval via duly enacted resolution of the County of Suffolk; and be it further 43rd RESOLVED, that the County Division of Real Estate is hereby authorized to use such appraisals as may be made available by other municipalities for the purpose of such acquisition, if deemed cost effective and appropriate by the Department; and be it further 44th RESOLVED, that in accordance with Section C1-4(t)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C){4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination of non-significance in accordance with this Resolution; and be it further 45th RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type I! action pursuant to Section 617.5(c)(20), (21), and/or (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENV!RONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection, and the Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this resolution. DATED: .lune 8, 2004 APPROVED BY: /s/Steve Levy County Executive of Suffolk County Date: June23, 2004 http://legis.suffolkcountyny.gov/resos2004/i 1338-04.htm 9/10/2009 Intro. Res. No. 1231-2007 Page 1 of 4 Intro. Res. No. 1231-2007 Laid on Table 3/6/2007 Introduced by Presiding Officer, on request of the County Executive and Legislator Cooper, Stern RESOLUTION NO. 281 -2007, APPROPRIATING FUNDS AND ESTABLISHING A PROGRAM FOR THE SUFFOLK COUNTY ENVIRONMENTAL LEGACY FUND (CP 8731) WHEREAS, Suffolk County has achieved and earned national recognition for the acquisition and preservation of environmentally sensitive lands which protect our environment and preserve the unique character of Suffolk County; and WHEREAS, acquiring, preserving and protecting environmentally sensitive lands denominated as open space, farmlands, historic properties and active parklands is especially important in light of the competitive real estate market and decreasing availability of such lands; and WHEREAS, it ts important that governments work together with each other and/or with private not-for-profit environmental land protection organizations in the acquisition and preservation of such properties; and WHEREAS, our financial resources must be used in a creative fashion to continue the programs which have benefited Suffolk County residents through leveraged funding by providing partnerships which maximize our ability to preserve and protect these environmentally sensitive lands; and WHEREAS, the Adopted 2007-2009 Capital Program provides that FIFTY MILLION and 00/100 DOLLARS ($50,000,000.00) be made available to be matched with other governmental entities and/or private, not-for-profit organizations which specialize in the acquisition of environmentally sensitive lands of the type contemplated for acquisition herein, with their funding to be at least equivalent or in excess of the County's funding of FIFTY MILLION and 00/00 DOLLARS ($50,000,000.00) which would be a total of at least ONE HUNDRED MILLION and 00/100 DOLLARS ($100,000,000.00) dedicated to protecting and preserving our open space, farmlands, parklands, and historic properties; and WHEREAS, the Suffolk County 2007-2009 Capital Program further provides for TWENTY MILLION and 00/100 DOLLARS ($20,000,00Q00) thereof to be authorized in 2007, FIFTEEN MILLION and 00/100 DOLLARS ($15,000,000.00) thereof to be scheduled in 2008 and FIFTEEN MILLION and 00/100 DOLLARS ($15,000,000.00) thereof to be scheduled in 2009, all of which is subject to the aforesaid requirement that at least the equivalent amount be provided by the above noted non-County sources, which will enhance the County's overall funding in order to viably compete for the purchase of such environmentally significant open space, farmlands, parklands and historic properties; and WHEREAS, it is necessary to appropriate the TVVENTY MILLION and 00/100 DOLLARS ($20,000,000.00) from the 2007 Capital Budget for the Environmental Legacy Fund; and WHEREAS, Resolution No. 471-1994, as revised by Resolution No. 46%2006, established the use of a priority ranking system, implemented in the Adopted 2007 Capital Budget, as the basis for funding capital projects such as this project; now, therefore be it 1st RESOLVED, this Legislature, being the lead agency under SEQRA and Chapter 279 of the Suffolk County Code, hereby finds and determines that this resolution constitutes a Type I action, pursuant to 6 NYCRR §617.4(b)(4) and (10). This Legislature further finds and determines that implementation of this action will not have a significant impact on the environment for the following reasons: I. The proposed action will not exceed any of the criteria in 6 NYCRR §617.7, which sets forth thresholds for determining significant effect on the environment, as demonstrated in the Environmental Assessment Form; and 2. SEQRA review shall be conducted on any proposed acquisition and its uses; however, in the event that SEQRA for a particular acquisition has been previously approved, or has otherwise been completed for said acquisition or use of said parcel, under another Suffolk County environmental acquisition program, then said prior SEQRA determination shall be used; and http://legis.suffolkcountyny.gov/resos2007/i 1231-07.htm 9/10/2009 Intro. Res. No. 1231-2007 Page 2 of 4 3. In accordance with Section 279-5(C)(4) of the Suffolk County Code, the Suffolk County Council on Environmental Quality is hereby directed to prepare and circulate appropriate notices or determinations in accordance with this Resolution; and be it further 2nd RESOLVED, that the Legislature hereby states its intention to finance the Environmental Legacy Fund properties described herein by the issuance of County bonds or notes; and be if further 3rd RESOLVED, that it is determined that this program, with a priority ranking of sixty-three (63), is eligible for approval in accordance with the provisions of Resolution No. 471-1994 as revised by Resolution No. 461-2006; and be it further 4th RESOLVED, that prior to the approval by this Legislature of any acquisition under this capital project, or adoption of any bond resolution authorizing the issuance of bonds to finance such acquisition, an environmental review of each acquisition shall be undertaken and completed in accordance with SEQRA; and be it further 5th RESOLVED, that the proceeds of said TWENTY MILLION and 00/100 DOLLARS ($20,000,000.00) in Suffolk County Serial Bonds be and are hereby appropriated as follows: Project No.: 8731 Project Title: Environmental Legacy Fund Project No. 525-CAP-8731.210 (Fund 001-Debt Service) Proiect Title Environmental Legacy Fund Amount $20,000,000.00 and be it further 6th RESOLVED, that the lands to be purchased with Environmental Legacy Funds shall be environmentally significant open space, farmlands, active parklands and historic properties; and be it further 7th RESOLVED, that said open space shall be the same type of property purchased pursuant to the traditional Open Space Preservation Program pursuant to Resolution No. 762-1986 et seq.; said farmland purchases shall be purchases of farmland development rights which shall be made pursuant to the Suffolk County Administrative Local Law Chapter 8, Development Rights to Agricultural Land; and said active parklands shall be acquired to be used for playgrounds, soccer fields, football fields, baseball fields, outdoor concerts, horseback riding or equine endeavors, and/or other community recreational needs, all subject to continued public access to such property; and be it further 8th RESOLVED, that the properties shall only be eligible for acquisition by the County of Suffolk upon receipt by the County Executive of a written binding pledge or commitment by the respective governmental entity and/or not-for-profit organization which specializes in the acquisition of environmentally sensitive lands of the type contemplated for acquisition herein, which represents that the property is eligible for acquisition under one of the above categories; authorizes acquisition of fee title, or a lesser interest therein, i.e., farmland development rights; appropriates funds for the acquisition in an amount of at least fifty percent (50%) of the total cost of acquisition, including but not limited to survey, appraisal, environmental audit, title insurance, tax adjustments and taxes prior to exemption; and be it further 9th RESOLVED, the Suffolk County Division of Real Property Acquisition and Management http://legis.suffolkcountyny.gov/resos2007/i 1231-07.htm 9/10/2009 Intro. Res. No. 1231-2007 Page 3 of 4 of the Department of Environment and Energy is authorized to negotiate and to acquire, on behalf of the County of Suffolk, the interest as noted above in the properties eligible for acquisition in this program; and be it further 10th RESOLVED, that up to, but no more than fifty pement (50%) of the funding for the acquisition of the total costs, as noted herein, are hereby authorized to be provided by the County of Suffolk, and the remaining amount of at least fifty percent (50%) of the funding of the total costs as noted herein shall be provided at the closing by the respective governmental entity and/or not-for-profit organization which specializes in the acquisition of environmentally sensitive lands of the type contemplated for acquisition herein, including but not limited to survey, appraisal, environmental audit, title insurance, tax adjustments and taxes prior to exemption; and be it further 11th RESOLVED, that the Commissioner of the Department of Environment and Energy and/or the Director of Real Property Acquisition and Management are hereby authorized to perform all acts, and negotiate and execute all documents in order to effectuate the terms of this resolution; and be it further 12th RESOLVED, that the County's acquisition shall be further subject to the terms and conditions as approved by the Suffolk County Attorney; and be it further 13th RESOLVED, that title shall be held by (a) The County of Suffolk; or (b) The County of Suffolk and the respective governmental entity and/or not-for-profit organization, each owning an undivided interest in proportion to its financial contribution, as tenants in common; or (c) Physically dividing the property up between the County of Suffolk and the respective governmental entity and/or with the not-for-profit organization, each owning all of the interest in its respective portion of the property, commensurate with its financial contribution in its respective portion of the property; and be it further 14th RESOLVED, that the County resolution authorizing the acquisition shall specify that jurisdiction of Suffolk County's interest in the respective type of property acquired shall be transferred to the Department of Parks, Recreation and Conservation, except that where farmland development rights are acquired, such jurisdiction shall be transferred to the Office of Farmland Acquisition and Management of the Department of Environment and Energy, in conjunction with the Department of Planning in accordance with the policies set forth above; and be it further 15th RESOLVED, that, if it is not contrary to any statute, the Suffolk County Charter, any local law, any regulation or other County policy, the County is hereby authorized to negotiate and enter into a municipal cooperation agreement with the respective governmental entity for the management of said County acquisition, and/or a management agreement with the not-for-profit organization which specializes in the acquisition of environmentally sensitive lands of the type contemplated for acquisition herein, the terms and conditions of which shall be approved by the Suffolk County Attorney in consultation with the respective Commissioner of the County Department charged with the management and operation of said property. DATED: March 20, 2007 http://legis.suffolkcountyny.gov/resos2007/i 1231-07.htm 9/10/2009 Intro. Res. No. 1231-2007 Page 4 of 4 APPROVED BY: ~si Steve Levy County Executive of Suffolk County Date: March 22, 2007 http://legis.suffolkcountyny.gov/resos2007/i 1231-07.htm 9/10/2009 Intro Page I of 3 Intro. Res. No. 2049-2007 Laid on Table 10/16/2007 Introduced by Presiding Officer, on request of the County Executive and Legislator Romaine RESOLUTION NO. 1125 -2007, AUTHORIZING ACQUISITION OF LAND UNDER THE SUFFOLK COUNTY ENVIRONMENTAL LEGACY FUND FOR OPEN SPACE PRESERVATION FOR THE MOELLER & TMJ REALTY, INC. PROPERTY - PECONIC DUNES - BITTNER PRESERVE TOWN OF SOUTHOLD - (SCTM NOS. 1000-058.00-01.00-001.000, 1000- 068.00-01.00-0'17.002 & 1000-068.00-01.00-017.003) WHEREAS, the Suffolk County Environmental Legacy Fund was established by Resolution No. 281-2007, allocating fifty million dollars for the acquisition of: environmentally sensitive lands pursuant to the traditional Open Space Preservation Program, Resolution No. 762-1986 et seq.; farmland development rights pursuant to the Suffolk County Administrative Local Law Chapter 8, Development Rights to Agricultural Lands; active parklands including playgrounds, soccer fields, football fields, baseball fields, outdoor concerts, horseback riding or equine endeavors and/or other community recreational needs; or historic properties that exhibit historic and/or archeological significance, where there is a partner who will provide at least a 50% matching contribution to its acquisition; and WHEREAS, Resolution No. 281-2007 appropriated $20,000,000.00 for acquisitions under the Suffolk County Environmental Legacy Fund; and WHEREAS, Resolution No. 621-2004 authorized planning steps for acquisition of the subject property; and WHEREAS, the Town of Southold ("Town") has approved Resolution No. 2007-773 on September 25, 2007 authorizing the acquisition of the subject property in partnership with the County of Suffolk; and WHEREAS, the Town of Southold has agreed to recognize the Bittner Family in the naming of the site once it is acquired for open space purposes and has requested that the County consider naming the site in honor of the Bittner Family; and WHEREAS, the Environmental Trust Review Board has reviewed the appraisals and the report of the Internal Appraisal Review Board and has approved the purchase price and authorized the Director of the Division of Real Property Acquisition and Management to negotiate the acquisition; now, therefore be it Ist RESOLVED, that the County of Suffolk hereby approves the acquisition of the subject property set forth below under the Suffolk County Environmental Legacy Fund pursuant to the traditional Suffolk County Open Space Preservation Program (1986 et seq), for a total purchase price of Thirteen Million Two Hundred Ninety Four Thousand Dollars ($13,294,000.00+_), at Two Hundred Thirty Thousand Dollars ($230,000.00) per acre, for 57.8_+ acres, which cost is to be shared by the County of Suffolk and the Town, with the County of Suffolk's share, totaling Six Million Six Hundred Forty Seven Thousand Dollars ($6,647,000.00_+_), for a fifty percent (50%) undivided interest; and the Town's share, totaling Six Million Six Hundred Forty Seven Thousand Dollars ($6,647,000.00-+), for a fifty percent (50%) undivided interest, as tenants-in-common, subject to a final survey; and hereby authorizes additional expenses, which shall include but not be limited to the cost of surveys, appraisals, environmental audits, title reports and insurance, and tax adjustments: PARCEL: No. 1 SUFFOLK COUNTY TAX MAP NUMBER: District 1000 Section 058.00 Block 01.00 Lot 001.000 REPUTED OWNER ACRES: AND ADDRESS: 57.8+ Jacqueline Moeller P.O. Box 269 Peconic, NY 11958 No. 2 District 1000 Section 068.00 Block 01.00 Same As Above http://legis.suffolkcountyny.gov/resos2007/i2049-O7.htm 9/10/2009 lntro Page 2 of 3 Lot 017.002 No. 3 District 1000 Section 068.00 Block 01.00 Lot 017.003 TMJ Realty, Inc. P.O. Box 269 Peconic, NY 11958 and be it further 2nd RESOLVED, that the Director of the Division of Real Property Acquisition and Management and/or his designee, is hereby authorized, empowered, and directed, pursuant to Section C42- 2(C)(3)(d) of the SUFFOLK COUNTY CHARTER, to acquire the pamel(s) listed herein above from the reputed owner, the funding for which shall be provided under the Suffolk County Environmental Legacy Fund, for the County's portion of the pumhase price of Six Million Six Hundred Forty Seven Thousand Dollars ($6,647,000.00+), subject to a final survey; and be it further 3rd RESOLVED, that the County Comptroller and County Treasurer are hereby authorized to reserve and to pay $6,647,000.00+_, subject to a final survey, from previously appropriated funds in Capital Project 525-CAP-8731.210, Suffolk County Environmental Legacy Fund, for this acquisition; and be it further 4th RESOLVED, that the title to this acquisition shall be held by the County of Suffolk and the Town, as tenants-in-common, with the County of Suffolk owning fifty percent (50%) undivided interest and the Town owning fifty percent (50%) undivided interest; and be it further 5th RESOLVED, that the Director of the Division of Real Property Acquisition and Management and/or his designee; the County Planning Department; and the County Department of Public Works are hereby authorized, empowered, and directed to take such other actions and to pay such additional expenses as may be necessary and appropriate to consummate such acquisition, including, but not limited to, securing appraisals, title insurance and title reports, obtaining surveys, engineering reports, and environmental audits, making tax adjustments, and executing such other documents as are required to acquire such County interest in said lands; and be it further 6th RESOLVED, that the subject pamel(s) shall be transferred to the Department of Parks, Recreation and Conservation for passive recreational use; and be it further 7th RESOLVED, that the Director of the Division of Real Property Acquisition and Management is hereby authorized to negotiate and enter into any necessary collateral agreements with the Town to effectuate the terms of the resolution; and be it further 8th RESOLVED, if desired, the County of Suffolk, through its Department of Parks, Recreation and Conservation, is hereby authorized to negotiate and enter into a municipal cooperative agreement with the Town for the management of this acquisition, consistent with this program, and the terms and conditions thereof shall be approved by the Suffolk County Attorney in consultation with the respective Commissioner of the County Department of Parks, Recreation and Conservation, who is charged with the management and operation of said property; and be it further 9th RESOLVED, that the official naming of the property to honor the Bittner Family once said property has become part of the County Park system, shall be referred to the Review Committee for the Siting of Memorials and Symbols and Naming of County Facilities, Parks, and Roads for its review, consideration, and recommendation; and be it further 10th RESOLVED, that the above activity is an unlisted action pursuant to the provisions of Title 6 NYCRR, Part 617; and be it further 11th RESOLVED, that the project will not have a significant effect on the environment for the following reasons: 1.) the proposed action will not exceed any of the criteria in 6 NYCRR, Section 617.7, http://legis.suffolkcountyny.gov/resos2007/i2049-O7.htm 9/10/2009 ]ntro Page 3 of 3 which sets forth thresholds for determining significant effect on the environment, as demonstrated in the Environmental Assessment Form; and 2.) the proposed use of the subject parcel(s) will be passive recreation. 3.) if not acquired, the property will most likely be developed for residential purposes, incurring far greater environmental impact than the proposed acquisition and preservation of the site would have; and be it further 12th RESOLVED, that in accordance with Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the Suffolk County Council on Environmental Quality is hereby directed to prepare and circulate any appropriate notices or determinations in accordance with this resolution. DATED: November 20, 2007 APPROVED BY: ~si Jim Morgo Chief Deputy County Executive of Suffolk County Date: November 23, 2007 http://legis.suffolkcountyny.gov/resos2007/i2049-O7.htm 9/10/2009 C L O S I N G S T A T E M E N T CLOSING STATEMENT JACQUELINE MOELLER AND T.M.J. REALTY, INC. to COUNTY OF SUFFOLK AND TOWN OF SOUTHOLD Open Space Acquisition - 57.057 acres Premises: 4305 & 5415 Soundview Avenue, Peconic SCTM #1000-58-1-1; #1000-68-1-17.2 & 17.3 Closing took place on Monday, April 7, 2008 at 1:00 p.m., Suffolk County Offices, H. Lee Dennison Building, Hauppauge, New York Purchase Price of $13,123,110' (57.057 acres @ $230,000~ acre) disbursed as follows: Payable to Jacqueline Moeller County (1/23/08) $ 5,811,555.00 Payable to T.M.J. Realty, Inc. County (1/23/08) $ 750,000.00 Payable to Jacqueline Moeller Town (4/7/08) $ 5,811,555.00 £ Payable to T.M.J. Realty, Inc. Town (4~7~08) $ 750,000.00 * Purchase price to be split 50%/50% between County of Suffolk and Town of Southold £ National Oceanic and Atmospheric Administration (NOAA) grant funding awarded to Town of Southold for acquisition purposes $1,464,735.00 Expenses of Closing: 2007-08 Real Property Tax Payable to George R. Sullivan, Receiver of Taxes Town (4/7/08) $ 44,573.02** Bill #6648 (SCTM #1000-58-1-1) = Bill #7764 (SCTM #1000-68-1-17.2) = Bill #7765 (SCTM #1000-68-1-17.23 = $13,565.69 $16,319.65 $14~687.68 $44,573.02 238 days @ $121.7842/diem = $28,984.64*** **Represents total of 2007-08 Real Property Tax Bills ***Represents costs to be split 50%/50% between County of Suffolk and Town of Southold ($14,492.32 each) Sellers' property tax responsibility 128 days @ $'121.7842/diem = The Nature Conservancy donation Payable to Town of Southold Sellers' (4/8/08) $15,588.38 ($6,820.00) $ 8,768.38 Appraisals Payable to Given Associates, LLC # (4/12/05) Payable to Given Associates, LLC (1/16/07) $ 3500.00 $ 3600.00 Environmental Report- Phase I ESA Payable to Nelson, Pope & Voorhis, LLC (11/20/07) $ 1,500.00**** Survey Payable to Land Design Associates Consulting Group (11/4/07) $ 9,900.00**** Title Report Payable to Advantage Title Paid by County of Suffolk Feeinsurance $ 44,988.00 $ 44,988.00**** Title Closer Attendance Fee Payable to Jennifer Tomei (4/7/08) $ 100.00 ****Represents costs to be split 50%/50% between County of Suffolk and Town of Southold ($28,194.00 each) Those present at Closing: Jacqueline (Moeller) Bittner Donald Milton Charles R. Cuddy, Esq. Michael A. Amoroso, Esq. Peter Belyea Janet Longo Mary C. Wilson, Esq. Melissa Spiro Melanie Doroski Jennifer Tomei Seller Friend of Seller Attorney for Seller Attorney for County of Suffolk County Land Acquisition Agent County Land Acquisition Agent Attorney for Town of Southold Land Preservation Coordinator Land Preservation Sr Administrative Asst Title Closer COUNTY OF SUFFOLK DIVISION OF REAL PROPERTY ACQUISITION AND MANAGEMENT LEGACY FUND CLOSING ADJUSTMENTS AND MEMORANDA PRESENT: FOR THE PURCHASER: FOR THE SELLER: COUNTY OF SUFFOLK by: MICHAEL AMOROSO, Bureau Chief, SELLER: Jacqueline Moeller and T.M.J. Realty, Inc. Real Property Acquisition and Management/Condemnation ATTORNEY: Charles Cuddy PETER BELYEA, Div. of Real Property Acquisition and Management TITLE COMPANY: Advantaqe Title Aqency TITLE Cf 07-AS-38212 (12252) CLOSER: PREMISES: Soundview Ave., Southold CLOSING DATE: April 7, 2008 TM#'s: 1000-058.00-01.00-001.000, 1000-068.00-01.00-017.002 (Jacqueline Moeller) and 1000-068.00-01.00-017.003 (T.M.J. Realty, Inc.) Purchase Price $13,123,110.00 ACREAGE: Total 57.057 Acres Credit to Purchaser Credit to Seller $13,123,110.00 Land Acquisition Costs (Lot 1) Pro-rata real estate tax adjustment 2007/08 Real Estate Taxes $13,565.69 238 Days at $37.06 = $8,821.40 Land Acquisition Costs (Lot 17.2) Pro-rata real estate tax adjustment 2007/08 Real Estate Taxes $16,319.65 238 Days at $44.59 = $10,612.23 Land Acquisition Costs (Lot 17.3) Pro-rata real estate tax adjustment 2007/08 Real Estate Taxes $14,687.68 238 Days at $40.13 = $9,551.01 Total Credit to Seller Total Credit to Purchaser Balance Due Seller ¥2 to Town ($4,410.70) Y2 to Town ($5,306.12) Y2 to Town ($4,775.50) $14,492.32' $13,123,110.00 DISBURSEMENTS BY PURCHASER Recording Deed Title Company Fee cc: J Longo K Slater L Guerra BALANCE DUE SELLER PAID AS FOLLOWS $750,000.00 Jacqueline Moeller a/k/a Jacqueline Bittner T.M.J. Realty, Inc. *Half the tax adjustment to be paid by separate voucher/check at a later dale to tile Town of Southold ',/,,ho paid the years taxes in full. 50/50 undivided interest with the Town of Southold. Payment Request Sequence Number: Individual Payment Request Type Payment Method Bank Relationship Requested Settlement Date Requested Date and Time Total Items II~ecipient TOWN OF SOUTHOLD (3624139) ~ : &CH 04/09/2008 04/08/2008:08:40 I Federal Agency: NATIONAL OCEANIC AND ATMOSPHER (13140001) Cash On Hand Seq # / Account ID Item # 30001/1 FNA05NOS41 91213 Account Status Open Request Reference Number 91TTNER Total :$1~46, 735.00 Available Remittance Balance Code $o.oo Remittanc~ Amount Amount Requested $1 r464,735.0~ Payment Request Status Queued to be sent to ACH OFFICE ADDRESS: 53095 ROUTE 25 PO. BOX 1409 SOLrTHOLD, NY 11971-0499 473889 58.-1-1 15 Soundview Ave TOWN OF SOUTHOLD CONSOLIDATED REAL PROPERTy TAX BILL DECEMBER 1,2007 NOVEMBER 30, 2008 . TAXES BECOME A LiEN DECEMBER 1,2007 IF THE WORD "ARREARS" IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE l 610 ON REVERSE SIDE. 23.41 OFFICE HOURS & PIIONE MON-FRI 8:00 AM TO 4:00 PM 631-765-1803 FAX: 681-765-5189 08 ._6646 311,084,310 2,693 311 Res vac land Moeller Jacquehne PO 8ox 269 Peconi¢. i~<F '11958-.3269 12/04/07 Moeller Jacc]uehne 13.30C 13300 First Half 6644 Second Half 6644 ..-~V D_ESCR~' Southold Schoo Southold L~Drarj $6.488.36 $6.48836 1/9/07 5/31/07 1.330.000 Suffolk County Tax Southold Town Tax NYS Rea. Pror TaxLaw Southo d FD Southold F ark Waste Water D~smcl Solid Waste District 040% 4.90% 1.66% ).00% 1.40% 13 300 4077 13.300 50.010 13.3C} 16.898 13,300 ,033 13.300 14292 -5790% 54.22 8 00% 665.13 0.00% 224.7~ -82.20% 0.44 -20.90% 196 38 790.35 :IRST HALF TAX _6~782.84 SECOND HALF TAX 6.78_2.85 TOTAL TAX LEVY I~ 1:565.69 'GEORGE R. SULLIVAN TAX RECEIVER 'BILL NUMBER: NAME: 1ST H3%LF TAX $6,782.84 TOWN OF SOUTHOLD TAX PAYMENT RECEIPT CONSOLIDATED TAX LEVY 2007/2008 006648 SWIS: 473889 Moeller Jacqueline 2ND HALF TAX $6,782.85 TAX MAP NUMBER: PENALTY $o.oo 04/07/2008 13:45 58.-1-1 LOCATION: 5415 Soundview Ave TOTAL TAX TOTAL PAYMENTS $13~565.69 $13,565.69 **** PAYMENT **** PAYMENT PAYOR DESC DATE TAXES PAID PENALTY PAID BATCH METHOD TOWN OF SOUTHOLD 1ST HALF 01/10/2008 $6,782.84 $0.00 145 CHECK/95314 TOWN OF SOUTHOLD 2ND IL~LF 01/10/2008 $6,782.85 $0.00 145 CHECK/95314 OFFICE ADDRESS 53095 ROUTE 25 PO. BOX 1409 11971-0499 473889 68.-1-17.2 5 Soundview Ave TOWN OF SOUTI-IOLD CONSOLIDATED REAL PROPERTY TA2K BILL "ARREARS" IS PRINTED HERE SE i COUNTY TREASURER'S NOTICE ,~ 610 ON REVERSE SIDE. 8.7 08 ,7764 311,084,310 2,693,854 250 Estate Moeller Jacauel~he First Half: Secono Half: $7.805.55 Southo~o School Southold L Draw 67.24% 2.15% Suffolk County Tax Southo d Town Tax 2057% 1/9/07 5/31/07 12/04/07 Moellet Jacouemqe 16.000 6.30% 4.60% 16 D q7,097 830% 1.68% 209.801 20.57% NYS Real PrOD TaxL~w 0.40% 16,000 4.077 Southold FD 490% 16.006 50.01£ Southold Pa~k ' ,66% 16,000 16,898 Waste Wa~er District 0.00% '~6,000 033 Solid Waste D~strict 1,40% 16.000 14292 9 00% -57.90% 8.00% 0,00% -8220% -20 90% 6,000 TAX AMOUNT 10,972.90 351.42 273,55 3,356.82 6523 800.16 270.37 0.53 228.67 16,000 1,600,000 TOTAL TAX 273.55 3,356.82 -'IRST HALF TAX 159.82 SECOND HALF TAX )EORGE R. SULLIVAN ?AX RECEIVER BILL NUMBER: 007764 NAME: 1ST HALF TAX $8,159.82 TOWN OF SOUTHOLD TAX PAYMENT RECEIPT CONSOLIDATED TA=X LEVY 2007/2008 SWIS: Moeller Jacqueline 2ND HALF TAX $8,159.83 04/07/2008 13:45 473889 TAX MAP NUMBER: 68.-1-17.2 LOCATION: 4305 Soundview Ave PENALTY TOTAL TAX TOTAL PAYMENTS $0.00 $16,319.65 $16,319.65 *** PAYMENT **** PAYMENT 'AYOR DESC DATE TAXES PAID PENALTY PAID BATCH METHOD 'OWN OF SOUTHOLD 1ST HALF 01/10/2008 $8,159.82 $0.00 145 CHECK/95314 'OWN OF SOUTHOLD 2ND HALF 01/10/2008 $8,159.83 $0.00 145 CHECK/95314 473889 68.-1-17.3 95 Soundview Ave TOWN OF SOUTHOLD CONSOLIDATED REAL PROPERTY Tz~K BILL DECEMBER 1, 2007 - NOVEMBER 30, 2008 - TAXES BECOME A LIEN DECEMBEi{ 1, 2007 IF THE WORD "ARREARS" IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE ~. 610 ON REVERSE SIDE. 25.7 08 ,7765 311,084,310 2,693 322 Rural vac>10 Tmj Realty Inc PO Bcx 269 Peconic. NY 11958-0269 First Half: 7763 $7.024.99 Second Half 7763 $7.025.00 LEVY % Southold School Soutnold L~brary 67.24% 2.15% 119/07 5/31/0- 14,40C 14,400 12/04/0- Tmj Rea ty Inc 14.400 685.806 6.30% 2.1.~64 4.60% 14.400 9,875,61 316~28 14.400 Suffolk County Tax 14.400 17.09'7 8.3O% 191.89 1.68% Southold Town Tax 20.57% 14.400 209.801 20.57% NYS Real D"OO TaxLaw 0.40% 14.400 4.077 Southold FD 4 90% 14.400 50.010 Southo I Part 1.66% 14.400 16.898 Waste W ale/District 000°X 14.400 .033 Solid Waste DIstricl 1 40°~ 14.400 14.292 9.00% 3,021,13 -57.90% 58.7' 80O% 720.14 0.00% 243,33 ~82.20% O.48 -20,90% 205.80 246.20 7,343,8 TOTAL TAX LEVY 14,687 68 i GEORGE R~ SULLIVAN TAX RECEIVER 'BILL NUMBER: NAME: 1ST HALF TAX $7,343.84 TOWN OF SOUTHOLD TAxX PAYMENT RECEIPT CONSOLIDATED TAX LEVY 2007/2008 007765 SWIS: Tmj Realty Inc 2ND HALF TA~ $7,343.84 04/07/2008 13: 46 473889 TAxX MAp NUMBER: 68.-1-17.3 LOCATION: 4305 Soundview Ave PENALTY TOTAL TAX TOTAL PAYMENTS $0.00 $14,687.68 $t41687.68 **** PAYMENT PAYMENT PAYOR DESC DATE TA3~ES PAID PENALTY PAID BATCH METHOD TOWN OF SOUTHOLD 1ST ~[ALF 01/10/2008 $7,343.84 $0.00 145 CHECK/95314 TOWN OF SOUTHOLD 2ND HALF 01/]0/2008 $7,343.84 $0.00 145 CHECK/95314 THE NATURE CONSERVANCY DATE: 01-FEB-08 CUST. ACCT, NO. ]8 VENDOR NAME TOWN OF SOUTHOLD LI2 BITTNER PURCHASE VENDOR NO. 109020 0.00 6,820.00 PLEASE DETACH AND RETAIN THIS STATEMENT AS YOUR RECORD OF PAYMENT. 0.00 6,820.00 GIVEN A S S 0 O I A I E S PATRICK A. GIVEN, SRPA box 5305 · 550 route 11t, hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 December 23, 2004 Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 "Appraisal of Real Property of Jacqueline Moeller, TMJ Realty Inc. (Prev. Madeline Bittner) N/S Soundview Avenue, Southold, N.Y: SCTM# 1000-58-1-1, #1000-68-1-17.2 and 17.3 File #2004080 .GIVEN ASSOCIATES ~48 Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Invoice 1/3/2007 199 Bill To Town of Southold P.O. Box 1179 Southold NY 11971 Please make check payable to: GIVEN ASSOCIATES, LLC. I File No. 2006279 Description Appraisal of Real Property of Jacqueline M[oeller, TMJ Realty Inc. Located N/S Soundview Avenue. Southold S.C.T.M. #1000-58-1-1, #1000-68-1~17.2 and 17.3 Terms Due upon Receipt Amount 3,600.00 LAND DESIGN ASSOCIATES CONSULTING GROUP 91 G,r. een Street Ountmgton, NY 11743 Invoice Date I Invoice# l 10/1/2007 07-3962 Bill To Ms. Melissa Sprio Land Preservation Coordinator Town Hall Annex 54375 State Route 25 Southold, NY 11971 Description For professional services rendered and Pursuant to ?reposal dated September 13th, 2007, for project known as Mocller/TMJ Realty Inc. I Boundary Survey - BITTNER Properties. Terms Project Duc on reccipl MoeIIcr/TMJ R.. AillOllll~ 9,90000 Z 21 Walt Whitr~an Road ville NY 1 1747 To: '~.~'~ ~1,,,2,~ ~_/,_~, Phone:631-427-5665 Fax:631-427-5620 Town of Southold Debt of Land Preserv Town Il[all 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melanie Doroski Invoice MAKE CIIECKS PAYABLE TO NELSON POPE & VOORHIS Pr°Perb': 07250 Project Bitmer Property, Southold Manager: McGinn, Steven Invoice #: 5366 lmoice Date: Nox ember 14, 2007 Invoice Amou. t \5%02487 $1,500. O0 Coutract dated September 17, 2007- Item #1: Prepare Phase I E ~vironmental Site Assessment Work Performed thru 10/10/07 Contract Percent Complete: Fee Earned: Prio~ Fec Billings: Current Fee Total: $I,500.00 100.00% $1,500.00 $0.00 $1,500,00 *** Total Prqject Invoice Amount ; : ' ~r?RGES FOR orrower:, ./ r~ / / Fee Preminm Morlgage Premium 410 New York Avenue, Huntingtoa, NY 11743 Phone: 631.424.6100 I Fax: 631.424.6049 Online at www.advantagetitle.com Jennifer D. Tomei Title CIoser/Clienl Manager Market Value Rider Total Endorsements Survey Charges Bankruptcy Street Report CIO or Departs Sewer Violation Search Emergency Repair Morlgage Tax Deed Morlgage Consolidation Agreement Assignment of Mortgage Assign of Leases & Rents Power of Attorney Escrow Escrow Service Fee CHARGES FOR Seller: Represented by: NYS Transfer Tax $ RPT $ Safis£action Po~cr of ~Atlomey 5; $ Escrow Scr~ ice fee $ CHARGES FOR Lender: Represented by: 1/4 point $ $ $ Buyer's Tntal (o Ad~anlage Title ffto: Seller's Total (o Ad, an(age Title Lender's Total P.O.~ 04/07/2008 DESCRIPTION ~.{O~:T TITLE CLOSER-BITTNER 100.00 TOTAL 100.00 N 0 A A G R A N T P~yment Request Sequence Number: ] Payment Request Type: Individual Payment Method; ACH Bank Relationship Requested Settlement Date 04/09/2008 Requested Date and Time D4/08/2008;08:40 Total Ilems: I R._eecipient: TOWN OF SOUTHOLD { ~ederal Agency: NATIONAL OCEANIC AND ATMOSPHER ( ~ash On Hand: Seq#/ Account ID Item # Account Status Open Request Reference Number BITTNER Total :$1,46, .735.00 Available Remittance Balance Code $0.00 Remittance Amount Amount Requested Payment Request Status $1,464,73500 Queuedlobe sent to ACH MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-571 ! Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD April23,2008 Honorable Tim Bishop United States Congress Long Island District - Suffolk County 3680 Route 112, Suite C Coram, NY 11727 Re: JACQUELINE MOELLER (a/k/a BITTNER) and T.M.I. REALTY, INC. to COUNTY OF SUFFOLK and TOWN OF SOUTHOLD "B'ttner" Open Space Property Acqms~t~on on Long Island Sound, Peconic, NY Dear Congressman Bishop: I am pleased to inform you that on Monday, April 7, 2008, the Town of Southold in a 50%/50% partnership with the County of Suffolk closed title for the purchase of open space on three land parcels known as the "Bittner" properties. This acquisition is a spectacular addition to the land preservation program as these properties, containing 57.057 acres, are environmentally sensitive and include over 1300 feet of waterfront along Long Island Sound. On behalf of the Town of Southold, I would like to thank you for your commitment in helping to preserve this land. With you backing and support, the Town was granted a 51,464,735 award from the National Oceanic Atmospheric Administration (NOAA) that was used towards this acquisition. We cannot thank you enough for your part in our ongoing efforts to preserve open space. Sincerety,~ ~(~ Melissa Spiro Land Preservation Coordinator (Rb'v~o~ , U.S. DEPARTMENT OF COMMERCE [] GRANT [] COOPERATIVEAGREEMEHT FINANCIAL ASSISTANCE AWARD ~ccou~rnNG CODE N/A ~ECIPIENT NAME AWARD NUMBER TOWN OF SOUTHOLD ~TREET ADDRESS FEDERAL sHARE OF cOST 53095 MAJN ROAD $1,464,735 31TY, STATE, ZiP CODE RECIPIENT SHARE OF COST SOUTHOLD, NY tt971 $t,464,735 ~WARD pERIOD rOTAL ESTIMATED COST 1010112005- 03/3112007 $2,929,470 NJTHORITY :FDA NO. AND PROJECT TITLE Real property purchase of 58.3 acre property for open space purposes In Southold, NY' 11tls Award approved bytbe Grants Offlce~ is issued in triplicate end constitutes ~n ob41gedon of Federal ~nding. By signing the three documents, the Recipient agrees to comply with the Award provisions checimd below end attached. UpOn acceptance by the Recipient, two signed Award documents shall be retomed to the Grants Officer end the third document ebell be retained by the Redplent. If not signed end rstumed wlthont modlflclntion by the Recipient within 30 days of receipt,, the Grants Officer may unllathrelly temdnate this Award. [] DePartment of Commerce Financial Assistance Standard Terms end Conditions [] Special Award Conditions (Attschmen~ B} [] Line Item Budget (Attachment A) 15 C t4, Uniform Administrative Requirements for Grants end Agreements with Institutions of Higher [] Education, Hospitals, Other Non-Profit, and Commercial Organizations [] 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements to State and Local Governments [] OMB Circular A-2t, Cost Principles for Educetionai Institutions [] OMB Circular A-87, Co~t Principles for State, Local, end Indian Tribal Governments [] OMa Circular A-122, Cost Prtnclples for Nonprofit Organizations [] 48 CFR Part 31, Contract Cost Principles and Procedures [] OMB Circular A-133, Audits ~of States, Local Governments, and Non-Profit Organlzatione [] Other(s) Depa~reentofCommercePre-AwardNotiflcationrequlrementsforGmntsandCooperetive A~lraements, 66FR49917as amended by the Federal ReRIstur notice published on October 30t 2002 (67 FR 66109) and as amended 69 FR 78389 (12/310104); pregrammatl~ Special Award Conditions GRANTS OFFICER AUG 3 1 ZOO3 TYPED NAME AND SIGNATURE OF ~ORiZ~EU RECIPIENT OFFICIA TITLE, DATE RECIPIENT COPy RETAIN T N C G R A N T RESOLUTION 2008-161 ADOPTED DOC ID: 3581 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-161 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 12, 2008: RESOLVED that the Town Board of the Town of Southold authorizes and directs Deputy Supervisor John P. Sepenoski to execute grant documents for acceptance of grant funding in the amount of $6820.00 from The Nature Conservancy to the Town of Southold to provide funds for expenses associated with the Bittner (a/k/a Moeller, TMJ Realty Inc.) open space property acquisition identified as SCTM #1000-58-1-1 and SCTM #1000-68-1-17.2 & 17.3, subject to review by the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSl MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell January 31,2008 Town of Southold 53095 Route 25 P.O. Box 1179 Southold, New York 11971 TNC Accounting Information Center/Subcenter #: Account #: Prime Grant: Re: Town of Southold- Bittner; # Dear Supervisor Russell: We are very pleased to inform you that The Nature Conservancy (the "Conservancy") has agreed to make this Grant to the Town of Southold ("Grantee") in the amount of $6,820.00 ("the Grant"). The Grant is also subject to the "Standard Grant Conditions" set out on the attached form (Attachment A). Purpose of this Grant. This Grant will provide funds for expenses associated with the Bittner purchase, specifically to pay the property taxes due from November 30, 2007 through January 31,2008. This Grant shall start on January 31, 2008 and shall expire on May 30, 2008. Reporting and Due Dates. The Grantee shall submit a copy of paid tax receipt within 30 Days of the closing on the purchase of the Bittner property (SCTM#: 1000-58-1-1, 1000-68-1-17.2 and 1000-68-1-17.3) by Suffolk County and the Town of Southold, to Randy Parsons, Conservation Finance and Policy Advisor, The Nature Conservancy, P.O. Box 5125, East Hampton, NY, 11937. Payment Amount and Schedule. a. For all of the activities described above, the Conservancy shall pay the Grantee a fixed price total of $6~820.00 b. Payments will be sent to the Grantee by check payable to the Grantee. Please indicate your acceptance of the terms of this letter and accompanying Grant Conditions by signing the enclosed copy of this letter and returning it to the Conservancy. Executive Director The Nature Conservancy, Long Island Chapter Accepted and agreed to: FEB - 6 2008 PRESFRVATION Grantee Town of Southold TNC Private Grant - Shod Form 11/07 NATURE CONSERVANCY 31-JAN-08 CR03818-NYLI2 BITTNER PURCHASE 0.00 6,820.00 PLEASE DETACH AND RETAIN THIS STATEMENT AS YOUR RECORD OF PAYMENT. '7~-~ ~-~ 0. 0 0 6, 8 2 0. 0 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 (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 April 9, 2008 Randy Parsons, AICP Conservation Finance & Policy Advisor The Nature Conservancy P.O. Box 5125 East Hampton, NY 11937 Re: TNC Grant # FY08 01-31-08 - BITTNER Property MOELLER / T.M.J. REALTY, INC. to COUNTY OF SUFFOLK and TOWN OF SOUTHOLD SCTM #1000-58-1-1 and SCTM #1000~68-1-J_7.2 & 17.3 4305 & 5415 Soundview Ayenue, Peconic Dear Randy: Please be advised that the BJttner closing finally concluded on Monday, April 7, 2008. The closing went smoothly and all parties are pleased with the outcome. The property taxes on the three parcels making up the "Bittner" property were paid in full by the Town of Southold at the time of closing. In accordance with the terms of The Nature Conservancy grant dated January 31, 2008, I have enclosed copies of the real property tax payment check and receipts for each of the paid tax bills. The TNC donation of $6,820 was applied towards Ms. Bittner's overdue tax responsibility and as you will note, Ms. Bittner used her personal check to reimburse the Town for the balance that she owed towards the first half of the tax bills. The Town Tax Receiver agreed to waive all interest and penalty charges for the overdue first half. The Town is appreciative to you and The Nature Conservancy for all the assistance you provided, both persistently and financially, that resulted in bringing this open space preservation project to its overall elated conclusion. Sincerely, Melissa Spiro Land Preservation Coordinator encs. R E C O R D E D D E E D COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC#: C08-9101 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on04/14/2008 under Liber D00012547 and Page 421 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the sea[ of said County and Court this 07~03~2008 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL 2008 PR£SERVAf;ON SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instr~m~_nt: DEEDS/DDD N,,-~er of Pages: 5 Receipt N~lm~er : 08-0033823 TRANSFER TAX NUMBER: 07-23901 District: 1000 Deed Amount: Section: Block: 068.00 01.00 EX~MINED AND CHARGED AS FOLLOWS $13,123,110.00 Received the Following Fees For Above Instrument Exempt Page/Filing $0.00 YES Handling COE $0.00 YES N~S SRCHG EA-CTY $0.00 YES EA-STATE TP-584 $0.00 YES Notation Cert. Copies $0.00 YES RPT Transfer tax $0.00 YES Comm. Pres Fees Paid TRANSFER TAX NUMBER: 07-23901 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascals County Clerk, Suffolk County Recorded: 04/14/2008 At: 12:12:21 PM LIBER: D00012547 PAGE: 421 Lot: 017.003 Exempt $0.00 ZES $0.00 YES $0.00 YES $0.00 YES $0.00 YES $0.00 YES $o.oo · Nr]mbcr of p~cs '[his document will be pubi[c record. Please remove all ~oclal Security Numbers l~rior to recording..; Dccd/ Mo~gagc ~nt Ha~ing 5. 00 TY-584 N~t~tion ~-52 17 (County) ~ -5217 (S~ ~S Su~M~e 15. ~ Deed / Mortp~c T~x Stamp FEES Other 6 Sub Total 5. O0 Sub To,al ~ I ~1Pm~ T~ S~i= ~ V~fi~ion ' s.~. 08008761 tODD ossoo DiDO oo~ooo ~0 ' /~ tooo oesoo o~oo oz;oo3 ~ECO~ & ~ TO: Suffork ~un[y Div. of Real Prope~y Acquisition ~d Management H. Lee Dennison Bldg. - 2 100 Veterans Memo~al H~. P.O, Box 61~ ~nll to: JudRh A. Pnsoafe, Suffolk Oounty Olerk 310 Oenter Drive, Hivemead, NY w~,suffolkaoun~y, gov/clerk RECORDED 2008 ~pr t4 12~12;21 PH Judith fl, Pa~.~le L D00012~47 P 421 DTf~ 0?-2390! Recording I Filing Stamps Mortgage Amt. I. Basic Tax 2. ,~dditiond Tax Sub Total SpecYAsslt Spec,/Add. TOT. MTG. TAX Dual Town Dual County Held for Appointmcnt Fransfer Tax Mansion Tax f Tbe pro~rty covered by this morlgago is or will be improw41 by a onc or two family dwelling only. or NO If NO, s~e appropda n t,~ clause on Ipagn # of thia. insU-um~, 5 Community Preservation Fund Consideration Amoun~ $ ~._/.~&, l/O ~.~Tax Due $ v/ TD 'I'D ? [ Title Company Information BOXES 6 THRU 8 MUST Br.. TYPED OR PRINTED [N BLACK INK ONLY PRIOR TO RECORDING OR FIL[NG. In thc TOWN of u eo nl.O,' madc by: Suffolk County Recording & Endorsement Page, This page forms parl of [h~ attached ~dJ-d DTST}={Y C'T 1000 058.~0 01.0C) 001.O00 DISTriCT 1000 SECT~ ON 068.00 BLOCI<. 01.00 LOT 017. ~ {32 DISTRICT 1000 SSCTI~b~ 068.0(] BLOC~ 01.00 LOT 017. 003 ~UFFOLK C~ BAR(L~TN AND 8A,I~ DL-~ED W'~E COV'~NAN'I'8 THIS INDEm'rU~, made the 7:h day of April , 2008 BETWEEN JACQUELINE MOELLBR, individually as co SCTM Nos. 1000-058.00-01.00-001.000 and 1000-068.00-01.00-017.002 and T.M.J. REALTY, INC. aa to SCTM No. 1000-068.00-01.00-017.003, both residing at 809 Maple Lane, Southold, New York 11971, party of the first part, A~D the COUNTY OF SUFFOLK, a municipal corporation of the State of New York, having its principal offices at the Suffolk County Center, Cencer Drive, Riverhead, New York, which will acquire a fifty percent (50%) undivided interest in and to ~he parcels(s), and the TOWN OF SOUTHOLD, a municipal corporation, with principal offices at Southold Town Hall, 53095 Main Road, Southold, New York 11971, which will acquire the remaining fifty percent (50%9 undivided interest in and to the parcel(s), as tenants-in-common, hereinafter described individually, or as the party of the first part, W~TNES~ETH, that the party of the first par~, in consideration of THIRTEEN MILLION ONE HUNDRED TWENTY THREE THOUSAND ONE HUNDRED TEN and D0/100 DOLLARS ($13,123,110.00) and ocher valuable consideration paid by the party of the second part, does heieby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ~tLL, that certain piece or parcel of land, situated in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described as follows: (see description annexed hereto and made a part hereof): THIS DEED is given in accordance with the Suffolk County Environmental Legacy Fund pursuant to Resolution No. 281-2007, Resolution NO. 621-2004, and Resolution No. 1125-2007 of the Suffolk County Legislature, all on file with the Clerk of the Suffolk County Legislature, and further in accordance with TOWN OF SOUTHOLD Resolution No. 2007-773 dated November 25, 2007. HEIN~ AND I~TENDED to be the same premises conveyed to Jacqueline Moeller from Jacqueline Bittner Moeller, as Executrix of the Last Will and Tes=ament of Theodore O. Biutner, deceased, by deed dated December 17, 1999 ~nd recorded December 27, 1999 in Liber 12009 Page 720 (as to SCTM NO. 1000-058.00-01.00- 001.000) as confirmed by the deed da~ed April 7, 2008 and to be simultaneosly recorded and by deed to Jacqueline Moeller from Jacqueline Moeller, as Executrix of the Last Will and Testament of Madeline Bittner a/k/a Madeline Prevalent Bi,trier, deceased, dated December 17, 1999 and recorded Dec~nber 27, 1999 in Liber 12009 Page 718 (as to SCTM No. 1000-068.00-01.00-017.002) and by deed to T.M.J. Realty, Inc, from Jacqueline Moeller, as Executrix of the Lasg Will and Testament of Madeline Bittner a/k/a Madeline Prevalent Bittner, deceased, dated December 17, 1999 and recorded December 27, 1999 in Liber 12009 Page 719 (as to SCTM No. 1000-068.00-01.00-017.003). TO~T~E~ 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; TO~ETHEH with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. THEE CONV~YA~CR is made in the regular course of business actually conducted by the party of the first part and upon the consent of all its stockholders. AND the party of the first part, in compliance with Section 13 Of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. THIS PROPERTY has been acquired in part with funds from federal financial assistance award NA05NOS4191213 granted to the Tow~ of Southold through the National Oceanic and Atmospheric Administration Coastal and Estuarine Land Conservation Program. Title to the property conveyed by this deed shall vest upon acquisition in the Town of Southold and County of Suffolk as tenants-in-common, subject to the condition that the property shall be managed for conservation purposes and consistent with the purposes for which it was entered into the Coastal and Estuarine Land Conservation Program, and shall not be converted to other uses. The Town of Southold or the County of Suffolk shall not dispose of, exchange or encu~%ber its title in, or convert the use of, this property without the prior approval of the NOAA or its successor agency(s). This covenant and deed restriction shall run with the land, in perpetuity. AS SET FORTH in Chapter 17 (Conm~unity Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a m~jority of =he 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. T~E WORD "PARTY" shall be conatrued as if it read "parties" whenever the sense of this indenture so requires. iN WZTNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. In Presence Of: T.M.J. REALTY, INC. /~ACQ~ELINE MOEL~ER ~DENT ~-' STATE OF NEW YORK) ) cOUNTY OF SUFFOLK) the undersigned, p~rsonally appeared J C UELINE MOELLER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me chat she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. JENNIFER D. TOMEI ~ARGAXN A~D F~k~E DEED WITH COVENANT AGAINST GRANTOR' S ACT TITLE NO. 07-AS-38212 (12252} JACQUEhINE MOELLER T.M.J. REALTY, INC. TO COUNTY OF SUFFOLK DISTRICT 1000 SECTION 058.00 BLOCK 01.00 LOT 001.000 DISTRICT 1000 SECTION 068.00 BLOCK 01.00 LOT 017.002 DISTRICT 1000 SECTION 068.00 BLOCK 01.00 LOT 017.003 COUNTY OF SUFFOLK RECORD & RETURN TO: PETER BELYEA Dept. of Environment and Energy Div. of Real Prop. Acq. and Mgmt. H. Lee Dennison Bldg., 2~ Floor P.O. Sox 6100 Hauppauge, New York 11788 Lawyers Title Insurance Corporation Schedule C - Owners Policy (continued) OVERALL DESCRIPTION ALL that certain plot, piece or pamcl of land, situate, lying and being in Peconic, Town of Southold,'County of Suffolk and State of New York, bounded and described as follows: BEGIi'43FING at a point being the intersection of the Northerly R.O.W. line of Soundview Avenue with the Eas~rrly line of Diamond Lane; RUNNING THENCE in thc Easterly direction along the Northerly side of Soundview Avenue 2,159.0 feet to the point or place of beginning the following courses and distances: THENCE North 45 dcgrces 13 minutes 30 seconds West, 1773.61 feet; THENCE North 51 degrees 32 minutes 30 seconds East 237.90 fcc! (calculated North 51 degnms 39 minutes 53 seconds East 237.63 feet): THENCE North 49 degrees 39 minutes 00 seconds East 581.88 feet (calculated North 49 degrees'39 minutes 14 seconds East 582.05 feet); THENCE North 47 degrees 11 minutes 10 seconds East 563.41 feet (calculated North 47 degrees 12 minutes 25 seconds Easl 563.18 feet); THENCE South 43 degrees 00 minutes 30 seconds East 1,824.34 feet; THENCE South 44 dcgrecs 43 minutes !0 seconds West 547.75 feet; THENCE South 44 degrees 43 minutes 10 seconds West 356.07 feet; THENCE along un arc to the right radius 600.83 feel, length 204.31 feet; THENCE along an arc to the right radius 600.83 feet, length 181.94 feet; THENCE South 81 degrees 22 minules 30 seconds West 54.61 feet, Io the point or place of BEGINNING. FOR CONVEYAHCING ONLY The policy to be issued under this report will Insure the title to such buildings e~td improvements erected on the premises which by law conslllute real properly. TOGETHER with alt the rtght, title and Interest of the party of the first Par~, of, in and to the tsncl lyfng In the street In front of end ediolning said prem[,,es. T I T L E P 0 L I C Y OWNER'S POLICY OF TITLE INSURANCE Issued by Lawyers Title Insurance Corporation LandAmerica Lawyers Title Insurance Corporation is e member of the Lawyers Title POLICY NUMBER c2q-o19blSO Any notice of claim and ar, y other notice or statement in writing required to be given to 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, LAWYERS TITLE INSURANCE CORPORATION a Nebraska corporation (the "Company") rnsures, 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 by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defecl in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to ~nsurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacfty, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered: (iv) failure to pedorm those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by ~aw; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate 1axes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land. and encroachments onto the Land ut existin9 improvements located on adioining 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 (includin9 those relatin9 to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land: (b) the character, dimensions, or location of any Improvement erected on the Land: (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the entorcement action, describing any pad of the Land. is recorded in the Public Records but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any pad 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 lor value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a Iransfer of all or any part of the title to or any interest in the Land occurring priol to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar credilors' rights (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason gl the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser tot value or to a judgment or lien creditor 10, Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been geared or atlached or has been filed or recorded in the Public Records subsequenl to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, the Company has caused this Policy to be signed with the lacsimile signatures of its PresideR1 and Secretary and sealed as required by its By Laws Attest: LAWYERS TITLE INSURANCE CORPORATION ...... ......... President Form 1190-126 NATIONAL HEADQUARTERS RICHMOND, VIRGINrA GENERAL ENDORSEMENT RE: County of Suffolk 5415 Sound View Avenue 4305 Sound View Avenue 4305 Sound View Avenue Peconic, New York Attached to and made a pad of Policy Number: C29-0176150 Policy is amended on Schedule "A" Paragraph 3 to read as follows: Title No.: 07-AS-38212 (12252) 3. Title to the estate or interest in the land is vested in: COUNTY OF SUFFOLK - as to a 50% undivided interest and the TOWN OF SOUTHOLD - as to the remaining 50% undivided interest, as tenants-in-common, by means of a Deed dated April 7, 2008 to the insured from Jacqueline Moeller, individually (as to Parcels I and II) and T.M.J. Realty, Inc. (as to Parcel III) and recorded in the Suffolk County Clerk's Office on April 14, 2008 in Liber 12547 Page 421. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount of insurance. Dated: April 15, 2008 Advantage Title Agency, Inc. 410 New York Ave, Suite 202 Issued at Huntington, NY 11743-3448 f~{--~.-.~,,, · -.- Co u nte rslg n ed: ~,~_rt~ .~ ~a.U~yers l~le nsurance o oration President Secretary Lawyers Title Insurance Corporation Schedule A - Owners Policy Amount of Insurance: $13,123,110.00 Premium: $44,988.00 Date of Policy: April 7, 2008 Policy No.: C29-0176150 File No.: 07-AS-38212 (12252) Name of Insured: County of Suffolk - as to a 50% undivided interest - and - Town of Southold - as to a 50% undivided interest as tenants in common 2. The estate or interest in the land which is covered by this policy is: Fee Simple Title to the estate or interest in the land is vested in: COUNTY OF SUFFOLK - as to an undivided 50% interest and TOWN OF SOUTHOLD - as to an 50% undivided interest, as tenants in common, by means of a Deed dated April 7, 2008 to the insured from Jacqueline Moeller (as to Parcels I and [I) and T.M.J. Realty, Inc. (as to Parcel III) and to be duly recorded in the Suffolk County Clerk's Office. The land referred to in this policy is situated in the County of Suffolk, State of New York, and is identified as follows: Parcel I 5415 Sound View Avenue Peconic, New York Parcel 11 4305 Sound View Avenue Peconic, New York Parcel 1II 4305 Sound View Avenue Peconic, New York Countersigned: ALTA OWNERS POLICY Schedule A ~'oriz~fficer or Agen~ Lawyers Title Insurance Corporation Schedule B - Owners Policy EXCEPTIONS FROM COVERAGE Policy No.: C29-0176150 File No.: 07-AS-38212 (12252) This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: As to Parcels I, II and Ill: Survey made by Land Design Associates, P.C. Consulting Group, dated September 28, 2007 shows a one (i) story dwelling with swimming pool and cabana. Further shows: survey shows that a portion of premises is presently wetland areas - Policy will except any and ali restrictions on uses and development of premises; wood pilings and bulkhead in southwesterly comer of premises; overhead wires and utility poles in southerly portion of premises; asphalt drive encroaches an undetermined distance onto Soundview Avenue. No title will be insured to any land lying below the present or any former high water line of the Long Island Sound. 3. Except riparian rights and easements of others over the Long Island Sound. Except the right of the United States Government to change and alter the harbor, bulkhead or pierhead lines adjacent to said prermses, to establish harbor, bulkhead or pierhead lines different from the present lines, and to take land now or formerly under water without compensation. ALTA OWNERS POLICY Schedule B Lawyers Title Insurance Corporation Schedule C - Owners Policy OVERALL DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being in Peconic, Town of Southotd, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point being the intersection of the Northerly RO.W. line of Soundview Avenue with the Easterly line of Diamond Lane; RUNNING THENCE in the Easterly direction along the Northerly side of Soundview Avenue 2,159.0 feet to the point or place of beginning thc following courses and distances: THENCE North 45 degrees 13 minutes 30 seconds West, 1773.61 feet; THENCE North 51 degrees 32 minutes 30 seconds East 237.90 feet (calculated North 51 degrees 39 minutes 53 seconds East 237.63 feet); THENCE North 49 degrees 39 minutes 00 seconds East 581.88 feet (calculated North 49 degrees 39 minutes 14 seconds East 582.05 feet); THENCE North 47 degrees 11 minutes 10 seconds East 563.41 feet (calculated North 47 degrees 12 minutes 25 seconds East 563.18 feet); THENCE South 43 degrees 00 minutes 30 seconds East 1,824.34 feet; THENCE South 44 degrees 43 minutes 10 seconds West 547.75 feet; THENCE South 44 degrees 43 minutes 10 seconds West 356.07 feet; THENCE along an arc to the tSght radius 600.83 feet, length 204.31 feet; THENCE along an arc to the right radius 600.83 feet, length 181.94 feet; THENCE South 81 degrees 22 minutes 30 seconds West 54.61 feet, to the point or place of BEGINNING. The policy to be issued under this report will insure the lille to such buildings and improvements erected on the premises which by law constitute rea[ property. FOR CONVEYANCING ONLY TOGETHER wilh all the right, title and inlerest of the party o! the first part, of, in and to the land lying in the street in front of and adjoining said premises. STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) Lawyers Title Insurance Corporation I il]LandAmerica Lawyers Title Lawyers Title Insurance Corporation is a member of the LandAmerica family of title insurance underwriters. Attached to and made a part of Policy No.: C29-0176150 1. Covered Risk Number 2 (c) is deleted. 2. The following is added as a Covered Risk. "11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy,r 3. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title 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 Title 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. N WITNESS WHEREOF, the Company has caused this endorsement to be signed with the facsimile signatures ofits President and Secretary and sealed as required by its By-Laws. LAWYERS TITLE INSURANCE CORPORATION Countersigned: Standard New York Endorsement (5/1/07) For Use With ALTA Owner's Poricy (6/16/06) Form 1190-84A P R O P E R T Y R E C O R D S JACQUELINE MOELLER (a/Wa Jacqueline Bittner) and T.M.J. REALTY, INC. to COUNTY OF SUFFOLK and TOWN OF SOUTHOLD Open Space Acquisition - 57.057 acres BITTNER Properties SCTM #1000-58-1-1 SCTM #1000-68-1-17.2 SCTM #1000-68-1-17.3 Location: 4305 & 5415 Soundview Avenue, Peconic Closing held on Monday, April 7, 2008 Suffolk County Offices - H. Lee Dennison Bldg, Hauppauge from left to right: Melissa Spiro, Jacqueline Bittner, Janet Longo MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 To: From: Date: Re: DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Town Comptroller The Nature Conservancy Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Planning Board Trustees Director of Public Works Peconic Land Trust, Inc. Melissa Spiro, Land Preservation Coordinator April 9, 2008 MOELLEPJTMJ REALTY to COUNTY OF SUFFOLK & TOWN OF SOUTHOLD Open Space Acquisition - 57.057 acres ("Bittner" properties) Please be advised that the Town has acquired the open space properties listed below. If you would like any additional information regarding this purchase, please feel free to contact me. SCTM #: 1000-58-1-1 (23.408 acres); 1000-68-1-17.2 (8.886 acres) and 1000- 68-1-17.3 (24.763 acres) LOCATION: 4305 & 5415 Soundview Avenue, Peconic OPEN SPACE ACREAGE: Total Acreage - 57,057 acres PROPERTY OWNERS: Jacqueline Moeller (a/k/a Jacqueline Bittner) and TM.J. Realty, Inc. PURCHASE DATE: Closing took place April 7, 2008 PURCHASE PRICE: $13,123,110 based on 57.057 acres @ $230,000/acre (County = $6,561,555 /Town = $6,561,555) FUNDING: 50%/50% partnership between County of Suffolk and Town of Southold for acquisition and closing costs. County funding - Legacy Fund; Town funding - CPF 2% Land Bank. The Town received a $1,464,735 grant from the National Oceanic & Atmospheric Administration (NOAA) toward property acquisition partial reimbursement making Town's share of purchase price $5,096,820. MISCELLANEOUS: These parcels are on the Town's Community Preservation Project Plan list and are located in an environmentally sensitive area that include approximately 1383 feet of waterfront along Long Island Sound. The Town will be removing the existing vacated dwelling and bulkhead. 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 April 10,2008 George R. Sullivan, Receiver of Taxes Town of Southold 53095 Route 25 P.O. Box 1409 Southold, NY 11971-0499 Re: Notice of New Owner SCTM #1000-58-1-1 SCTM #1000-68-1-17.2 SCTM #1000-68-1-17.3 Dear George: Please be advised that the Town of Southold in a 50%/50% partnership with the County of Suffolk acquired fee title to the three (3) parcels identified above by deed dated April 7, 2008. Said parcels are located along Soundview Avenue in Peconic. The properties were purchased from Jacqueline Moeller and T.M.J. Realty, Inc. for the purpose of preservation of open space. All future real property tax bills should be forwarded directly to the Town of Southold Accounting Department for pay~nent, at 53095 Route 25, P.O. Box 1179, Southold, NY 11971-0959, until such time as the properties are declared exempt by the Town Assessors. Very truly yours, Melissa Spire Land Preservation Coordinator /md CC: Southold Town Assessors Town Comptroller 50_-1-1 47~1889 si~Uil'~ld Aeiive ~lS;1 Scboot Soulhold SchOol ~e; ~quelme ~o~le[ Count~. ~3.~0 B~ok: 12009 S ~iee~ ~ : :,: Schoo t3,300 M~ g ~61e~ '; T~al: 0 Site 1 ol 1 Land O of 0 Nbhd Cd 0 ~ ~/a~er: E~iP!~ Tmal: ~ : :T~m Own ~uil~i~ To a 0 ~p~CalDbt[ict ~ ;:;Tbt61:4 Vaue/ * Improvement Toe 0 3od~ Ufits Pet Type Moveia~-- Type Name Diml Dm2 SQFTYrBult :D0~8 ~oht56i~ FD .00 .00 : i Double :lick LO open a window ¢ 5fart] Inbo×- Micro$oF[ Ou J 2007 LPC Meeting Mi, ] []_~ min~Jtes 030607 ~,8_~1~i7.2 4~38t~L9 !S.~!~O!.d '~ :: A~iiYe Na~e: Ja~quehhe M o~ile~ : :? : :~.~6t~: 1G.OO0 ~o':oE Addl~dc ~ : 1G.O00 Page' 1i8 s~r~et: : ~ :Schoo: 16.000 Mo ~' Ci[~: Pec~nic. NY Z[~ i1~8-02G9~ s~hlaffer~ar: 1G.O00 Acc~No: 08 Sale Tokal~:;O : ;,: S te 10I 1 Land 0 of 0 ~6~d C~ 0 E~emPi~°n O~h B Uildm9 ~o[al: 0 Cod~ : Amou~ ~ea[ Pc~ Special Oi~tiict 7o~al: 4 Valde/ * mpmvement Tota: 0 Cod~ U~i~ P¢~ T~pe ~e ~ex ~ [ype Name Dnq Dm2 SOFT Yr Bu FD028 SoutholdFD .OO :.00 .OO~ PK07O SobLho d Pa[~ .00 0O ~00 . Double click I:o ooen a windov~ ~' ~;tart Inbox - 1'4ic~osof[ Out.. File ¥1ew Toulbar HoE dlAc~ar t eet: POiae : City: Pec:onic. NY Total: 13 ge Sale Date 4~3889 Spu~hold Active Roll Y~r:-:~ Cu,, Y~ Estate Land Size: 8_?0 actea Total: 1 Taxable Value Coun y lB;000 1'4 uni 1 B.000 School: Southold School Land AV 6.000 Total AV: 1~.000 11958~02~9 Sale Price O~'mer Exemption Total' 0 Term Own Code Amounl Year ~ot Special Disbict fetal: 4 Value / ~, Cede Units Pct Type Move Tax -- FD028 Southold FD .00 ,00 .00 -- PK070 Southold Pad, OO .00 .00 ,,i School: 16.000 after Star: 16.000 Site I of 1 Procb: Estate Nbhd Cd: 0 Sewer Utilities Budding Page: 718 Mortg Bank: Land 0 el~ 0 Improvement Total: 0 type Name Dim1 Dirn2 Total: 0 SOFT Yr Built Double click to open a w~noow FStart Inbox - Microsoft Ou.. J___ Inbox - I~licro~of~ Ou,. ] 2007 LPC Meeting Mi,,, Bittner Preserve Soundview Avenue Southold, NY The Town of the Southold, with the County of Suffolk, is acquiring fee title to a 58-acre parcel, with 1,400 feet frontage, on Long Island Sound, for open space and passive recreational purposes. The Town of Southold will undertake the following tasks and objectives at its sole cost and expense: · Removal and disposal of a +/- 3,750 s.f. one story brick and frame single family home, with basement, septic system and underground oil tank · Removal and disposal of a +/- 700 s.f. brick and frame garage · Removal and disposal of an in-ground swimming pool, retaining wall and pool house · Removal and disposal of a +/- 310 linear feet of timber bulkhead. The demolition and removal of any and all structures at the subject premises, including the swimming pool and bulkhead, and the proper disposal of any debris, hazardous materials and/or soil will be performed by the Town of Southold in accordance with all applicable Federal, State and County laws, and the Town of Southold will hold harmless and indemnify the County of Suffolk against any claims, of any nature, arising from its negligence in the performance of the aforementioned demolition and removal work. Dated: February ~, 2008 Town of Sou/~d B¥~~ Supervisor STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the (_.O'/J2 day of~ ~¢11g~...~..._. ,in the year 2008, before me, the undersigned, personally appeared ~-~{: /~. ~USS¢ ('t , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signaturt~ on the instrument, the individual, or the person upon behalf of which the indix"idual a~?d, executed Ge instrument. Signatur~ ~nd (~e of I~diviaual Taking Acknowledgment 2 0 0 7 P R E S S C O N F E R E N C E RESOLUTION 2008-693 ADOPTED DOC ID: 4079 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-693 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 15, 2008: WHEREAS, the Town Board of the Town of Southold (the "Board") caused to be prepared its Local Waterfront Revitalization Program in 2004, which noted the subject site as a "significant opportunity to provide additional or enhanced public access and recreational opport~tnity... ", and WHEREAS, the subject site is within the Long Island North Shore Heritage Area, an area designated to "...preserve, protect and sho~*'case the extensive cultural, natural and recreational resources that make our area unique", and WHEREAS, the Board intends to implement the recommendations of these two plans, to advance the goals of the Town, and WHEREAS, the Board obtained ownership of the subject parcel for the express purpose of implementing the above recommeodations, and WHEREAS, the Board, with the assistance of the Town Department of Public Works, has designed a plan to develop the subject site as a passive public open space, after the existing structures and bulkhead are removed to reestablish a natural pattern of beach deposition both on- site and down drift of the site, and WHEREAS, the Board caused to be prepared Enviromnental Assessment Forms (EAF) Parts 1 and 2, which describe this proposed development plan and analyze its potential enviromnental impacts, and WHEREAS, after review of the EAF Part 1 and 2, thc Board finds that it does not appear that Resolution 2008-693 Board Meeting of July 15, 2008 the proposed action would cause significant adverse impacts since it advances the goals of the Town, does not involve adverse impacts to natural resources, and will restore the property to more natural conditions, and WHEREAS, the Board finds it prudent to take a further "hard look" at the proposed action and thereby is preparing an Expanded EAF, which includes a more detailed description of the proposed action and additional analyses of its potential impacts (both adverse and beneficial), and WHEREAS, the Board has the authority to effect the proposed Bittner Preserve Open Space Development Project, subject to required permits at the Town and levels of government, and WHEREAS, since the Board holds this authority, the Town Board declares its intent to assume lead agency status under the New York State Environmental Quality Review Act (SEQRA) after a 30-day coordinated review period initiated on the date of adoption of this resolution, and NOW THEREFORE BE IT RESOLVED, that the Board of the Town of Southold finds that the Bittner Preserve Town Open Space Development Project is an Unlisted action pursuant to Title 6 of the New York State Code of Rules and Regulations {6 NYCRR) Part 617, and BE IT FURTHER RESOLVED, that the Board hereby requests input from involved agencies with respect to SEQRA classification~ lead agency status and potential impacts of the project~ and BE IT FURTHER RESOLVED, that, the Board intends to assume lead agency status in review of the action and for the purpose of compliance with 6 NYCRR, Part 617~ upon completion of the 30-day coordination period, and BE IT FURTHER RESOLVED, that the Board will issue a Determination of Significance upon completion of the coordination period and its designation as lead agency, and BE IT FURTHER RESOLVED, that the Board authorizes the Town Clerk of the Town of Updated: 7/14/2008 10:09 AM by Lynda Rudder Page 2 Resolution 2008-693 Board Meeting of July 15, 2008 Southold to file this resolution and the EAF Parts 1 and 2 with the following entities in order to commence coordinated review prior to declaring lead agency status and issuing a Determination of Significance: Town of Southold, Supervisor's Officc Town of Southold, Town Clerk Town of Southold, Planning Board Town of Southold, Town Trustees Suffolk County Dept. of Public Works Suffolk County Depart~nent of Parks, Recreation & Conselwation NYS Dept. of Enviromnental Conservation, Co~rnnissioner, Albany NYS Dept. of Environmental Conservation, Regional Office, Stony Brook NYS Dept. of State US Army Corps of Engineers Parties of Interest Officially on Record with the ]'own Clerk (if applicable) Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councihnan SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 7/14/2008 10:09 AM by Lynda Rudder Page 3 www.suffolklife.com THE NORTH FORK NEWSPAPER O1 PRESERVATION..,. FROM Page 1 space purchases in partnership with a municipality or not-for-profit. "When we have willing partners to share in large purchases, such as we have with the town of Southold, every. body can leverage their dollars and acquire properties that may have been too expensive for one municipality to purchase alone," stated LevT¢ Another large joint preservation venture is that of the 27-acre Boys and Girls Harbor propert% which, pending the Legislature's approval, willbe bought in conjunction with East Hampton Town. "We believe this is a great purchase, located on beautiful Three Mile Harbor," said East Hampton Town Supervisor William McGintee. "This purchase joins other open space acquisitions, owned jointly by Suffolk County and the town, and provides another example of the part. nership between the town and the countg, which has worked closely with my office on this, and many other purchases." With a proposed price tag of $7.6 million, the property is adjacent to another county- and town-owned pre- served parcel known as the Duke Prop- erty Both parcels are significant water. shed and recreational properties. According to county officials, the proper- ty would be maintained by the town. Other notable potential purchases include development rights to two work- · ing farms and 2.5 acres of tidal wetlands in Pdverhead, 15 acres of property in the 200-acre Peconic Bay watershed, and three contiguous parcels, totaling about 2.5 acres, in Quugue. ON THE HORIZON--Suffolk County Executive Steve Levy recently announced a proposal to preserve 57 acres of property alon~ the Long Island SOund in Peconlc, which would be purchased in partnership between the county and the town of Southold. Lev~ also is requesting that several other sites throughout the East End be acquired for preservation. Pictured (left to right) are Ran~ Parsons, of The Nature COnservancy; Jackie Bittner Moeller, property owner; Southold Town Supervisor Scott Russell; Levy County Legislator Ed Romaine and Southold councilmen Dan Ross and Bill Edwards. tCOUNT , , TOWNS PARTNER IN ILAND PREsERVATIoN EFFORTS Aopproximately ]46 acres in several wns throughout the county will e preserved if resolutions pro- posed by Suffolk County Executive Steve Levy are approved by the county Legisla- ture on November 20. The parcels, with a total purchase price of $15 million, include such coveted locales as 57 acres of land along the Long Island Sound to the west of Peconic Dunes County Park and 27 acres in the Three Mile Harbor area of East Hampton. The 57 acres, kno~m as the Bittner property, would be purchased for $]5 mil- lion in partnership with Southold Town, with each entity pa)ting for half of the cost. "We are pleased to be able to work with the town of Southold, Suffolk County, the National Oceanic and Atmospheric Administration and Jackie Bittner Moeller to reach an agreement on a transfer of the 57-acre Bittner property on [the] Long Island Sound to public ownership," said Bandy Parsons, conservation, finance and policy advisor for The Nature Conservancy on Long Island, an organization that has been instrumental in working toward the completion of this transaction. The property is one of mixed terrain, allowing for the protection of multiple species, according to Parsons. Beginning at Sound View Avenue and ending at the Long Island Sound, the area features both mature woodlands and sensitive coastal dunes and vegetation. "This spectacular waterfront proper ty includes beaches, duneland, wetland~ and forest and can provide habitat fo] rare species, such as the osprey and pip ing plover, as well as ongoing enjoymen to the public, who can now use the site fo~ walking, swimming, fishing, picnics ant bird watching," said Parsons. "This prop erty will only become more precious t( the people of Suffolk County as we react full buildout on Long Island." Ed Dumas, spokesperson for Lex5 said this property would be the first to b( funded with proceeds from the county': Environmental Legacy Fund, created ig 2006 by Levy as a capital account for opei SEE Page 8 2 0 1 2 P R E S S R E L E A S E MELISSA A. SPIRO LAND PRESERVATION COORDINATOR raclissa.spiro~town,southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Rd & Youngs Ave) Sonthold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Press Release FOR IMMEDIATE RELEASE Tuesday, July 24, 2012 Southold Town Officially Opens Sound View Dunes Park Southold Town announces that Sound View Dunes Park is now officially open to the public. Acquired by Southold Town and Suffolk County in 2008, Sound View Dunes Park spans 57-acres of beach, dune, wetland and forest habitats. Located along Soundview Avenue in Peconic, this Park significantly adds to the region's protected Long Island Sound waterfront, including the Peconic Dunes County Park (37 ac) to the east and Goldsmith Inlet County Park (33 ac) less than a half-mile to the west. Hiking, birdwatching, nature photography, fishing and nature study are among the many passive recreational uses visitors may pursue. Sound View Dunes Park is truly unique - the park's two trails offer stunning views of Long Island Sound, access to the beach and the dunes, and a glimpse of the maritime freshwater interdunal swale community, which is a rare ecological occurrence in New York State and uncommon globally. Maritime freshwater interdunal swales are low, shallow freshwater wetlands that occur between dunes along the Atlantic Coast. Southold's portion of the purchase price was funded through the Community Preservation Fund and a federal grant award from the US National Oceanic and Atmospheric Administration, Coastal Estuarine Land . Conservation Program. These funds were matched by Suffolk County through the Suffolk County Environmental Legacy Fund for Open Space. Funding for the park's restoration was provided in part by a grant to the Town of Southold from the New York State Department of State under Title 11 of the Environmental Protection Fund. Southold Town Supervisor Scott Russell states, "Sound View Dunes Park is truly one of the North Fork's Natural Treasures. We are pleased to announce that the trails are officially open to the public so that everyone can enjoy the beauty of this land. Over 5,000 acres of farmland and open space have been protected through Southold's farmland and open space protection programs because of the strong partnerships forged between Town, County, State, and Federal Governments, non-profits and individual landowners." Southold Town Land Preservation Coordinator Melissa Spiro states, "Thanks to the Bittner Family for their strong commitment to preservation, enabling their land to be protected in perpetuity and enjoyed by all. The Southold Town Community Preservation Fund has been critical in being able to protect open space and farmland within the Town." All members of the press are invited to walk the park's trails with Southold Town Land Management Specialist Laura Klahre on Thursday July 26th at 9:00am. Please RSVP at 765-5711 by COB July 25th. Participants will meet at the Sound View Dunes Park parking area. CONTACT: Melanie Doroski (631) 765-5711 A E R I A L S 750' = 750' L ! I I ! I I I I ! I I I I I I I ! 1938 AERIAL PHOTOGRAPH S U R V E Y b, u~,, ,-,L, KEb OR '% x % KEY MAP I ' : NOTFq COORO!NATES AND MERIDIAN USED HEREON ARE BASED ON THE LAMBERT CONFORMAL CONIC PROJECTION FOR HEW YORK STAEF_, LONG ISLAND ZONE - NAD 2;' {~UFFOLK COUNTY COORDINATE SYSTEM) CONTROL MONUMENTS USEU: TAKEN FROM TAX MAP ,' S,C MON, .XJFr~;iK COUNTY CONTRO. N 308,196 2. SUBSURFACE CONDITIONS NOT SHOWN. THIS SURVLY IS SUBJECI lO ANY EASEMENTS OF RECORD Alii OT¼ER EI'd"IkAERANC[S WHICH A FtjLL TITLE' SEARCH MrOHT DISCLOSE ,E .... o AS INDICATED FINAL ' SURVEY DEC I 8 2OO7 DEPT OF LAND P~ESERVATION MAP OF' PROPERTY TO BE ACQUIRED BY TOWN OF SOUTHOLD & SUFFOLK COUNTY FOR OPEN SPACE ACQUISiTiON SITUATED AT ' PECONfC [OWN OF SOUTHOLD SUFFOLK COUNTY, SEPTEMBER 28, 2007 OWNER: S.C.T.M. MOELLER/TMJ REALLY INC.. (A,K.A. BITTNER-PROPERTIES) #01000 681 17:2 #01000- 68- 1 - CERTIFIED 10~ TOWN OF SOUTHOLD COUNTY OF SUFFOLK U,S, NATIONAL OCEANIC & AI'MOSPHLNtC ADMII',~IS'II~A'IION LAWYERS 'TITLE INSURANCE CORPORATION SCALE: 1= 100' A E R I A L M A P