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HomeMy WebLinkAboutReese, Harold Jr, Ronald & Christine Reese McCulloch (Pipes Cove Preserve)1000-45-5-5 Baseline Documentation Premises: 70380 Main Road Greenport, New York 47.31 acres Open Space Acquisition HAROLD REESE, JR., RONALD REESE and CHRISTINE REESE McCULLOCH to TOWN OF SOUTHOLD Deed dated July 12, 2005 Recorded July 21, 2005 Suffolk County Clerk - Liber D00012399, Page 156 SCTM #: 1000-45-5-5 Premises: 70380 Main Road Hamlet: Greenport Purchase Price: Funding: $2,250,000.00 (per contract) CPF Land Bank (2% funds) and Coastal Wetlands Grant from US Fish & Wildlife Service (Sl,Ooo,ooo.oo) and The Nature Conservancy Donation ($500,000.00) CPF Project Plan: Yes Total Parcel Acreage: 47.31 acres Zoned: LIO Existing Improvements: In July 2005 - dirt/asphalt driveway encroachment to Sill property in westerly corner; posts only remaining from fencing SITE ANALYSIS The subject site is located on the south side of NYS Route 25, 100_+ west of Silvermere Road, Greenport, Town of Southold, Suffolk County, New York. The property is slightly irregular in shape with approximately 3,260 feet along Route 25, irregular depths varying from 512+ feet to 1,150-+ feet for a total site area of 47.314± acres. Based upon our physical inspection of the property and a review of an aerial map and a topography map for the subject the site contains tidal wetlands. Our calculations indicate the site has approximately 14 acres of tidal wetlands located in the center of the property extending from its frontage on Route 25 to the Long Island Railroad, its southerly property line. This area is shown on the tidal wetlands map and is designated as "FC", (formerly connected wetlands). It is separated from the true tidal wetlands, or the area designated HM, (high marsh), by the elevated railroad tracks, except for a small culvert area for the draining of Moore's Drain. The area to the east of the wetlands contains approximately 15 acres, the area to the west approximately 18 acres. Both these areas are upland. According to NYS freshwater wetland maps there are no freshwater wetland on the property. Our inspection of the site did reveal a few areas of standing water, however it is our opinion that these wet areas are due to clay deposits resulting in poor drainage and are not tidal or freshwater wetland, however flagging of the site has not been made by any agency or environmentally qualified person. Utilities available to the property include public electric, water and telephone. A copy of the County tax map is included on the following page. Other maps are included with the report. SUFFOLK COUNTY TAX MAP P R 0 P E R T Y V I S U A L S 1964 RO. BOXES OI MATC~ ~0oo-45.-~-5 Reese Property 2004 Suffolk County Tax Map book SECTION NO 045 A P P R A I S A L R E 'U E S T MAR ! LAND PRESERVATION COMMITTEE MEETING TUESDAY~ FEBRUARY 11~ 2003 AT 7:30 P.M. MINUTES (Amended Copy) Present were: Ray Blum, Bill Edwards, Fred Lee, John Sepenosld, Reed Jarvis, Eric Keil, Melissa Spiro, Tom Wickham, Kerfi Cullen, Tim Caufield and Grog Yakaboski. Kerri spoke about Pipes Cove update-Coastal Wetlands Grant awarded-1 million dollars. Janet Longo with NYDEC region 1 Real Estate authorized another appraisal for Reese, Illigash and Stackler. They are interested in acquiring these parcels under Pipes Cove Grant. LAND PRESERVATION COMMITTEE MEETING TUESDAY, SEPTEMBER 17~ 2002 (~ 7:00 P.M. MINUTES Present were: Ray Blum, Ray Huntington, John Sepenoski, Reed Jarvis, Eric Keil, Melissa Spit:o, Tom Wickham,. Tim Caufield, Carrie Cullen, Ted Dowd, Symma Gerard and Randy Parsons. [[ee~e - 45-5-5 - he signed an application form. It is across the street from the information booth and the DOT yard in Greenport. Am appraisal will be ordered on this. LAND PRESERVATION COMMITTEE MEETING TUESDAY, May 14, 2002 AT 7:30 P.M. MINUTES Present were: ~y Blum Bill Edwards, ~y Huntin~on, Ma~ Sidor, Reed J~is, Fred Lee, Melissa Spiro, Tom Wickham and N~cy Lucas. Reese - 45-5-5 - approximately 47 acres. The Committee supported having an appraisal and survey done on this property. 2 0 0 3 P H O T O S PHOTOGRAPHS OF SUBJECT PROPERTY Wetlands and Moore's Drain Photos taken by Gerard Veitch 12/17/03 Wetlands PHOTOGRAPHS OF SUBJECT PROPERTY Interior View Interior View, showing standing water. Photos taken by Gerard Veitch 12/4/03 PHOTOGRAPHS OF SUBJECT PROPERTY Interior View Photos taken by Gerard Veitch 12/4/03 NY State 25, Westerly View 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 Reese Property 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Greenport, Town of Southold, County of Suffolk, New York. The subject property consists of a 48.5 acre parcel of vacant wooded land that is bisected by a marshland. The property is located on the south side of Main Road (SR 25), 100 feet west of Silvermere Road. The property is more particularly described as Suffolk County Tax Map # 1000-045-05-5. The subject property consists of vacant wooded land that is bisected by a marshland. The marshland runs from north to south in the center of the property with a small stream located in the center. This stream originates in Silver Lake located to the northeast. A trail beginning on the eastern property boundary and heading west into the property was observed on historic aerials from 1969, 1976, 1980 and 1994. During the site reconnaissance, only portions of this trail were identified, specifically, in the vicinity of the marshlands in the center of the property. No visible signs of the trail were observed on the eastern portion of the property. Numerous piles of soil were observed in the center portion of the eastern half of the property. The origin of these piles is unknown. It should be noted, the ground was covered with snow during the site reconnaissance limiting further investigation as to whether these piles consisted of soils from the property or if they soil had been dumped on the property. No structures, foundations, staining or stressed vegetation were observed on the subject property. The Long Island Railroad right-of- way is located along the southern property boundary. Historic aerial photographs from 1938, 1969, 1976, 1980, 1994 and 2001 were reviewed in order to determine past uses of the property. This review revealed the property has always been vacant wooded land with marshland bisecting the property. A trail/dirt road on the eastern half of the property is visible in the 1969, 1976, 1980 and 1994 aerials. In 2001, the trail appears to be overgrown. NELSON. POPE & VOORH[S, LLC ENVIRONMENTAL * PLANNING · CONSULTING Reese Property, Greenport Phase I ESA An extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, five (5) spill incidents were identified within one-half (0.5) mile and one (1) RCRA generators located within close proximity to 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 'piles of soil identified in the center of the eastern half of the property should be further investigated to determine of the soil is from on-site locations or had been dumped on-site in the past. If the soil had been dumped on-site, composite soil samples should be collected and analyzed for the presence of volatile and semi-volatile organic compounds and metals. NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL · PLANNING · CONSULTING Page 2 of 26 Reese Property, Greenport Lifai~d Phase H ESA 5.0 SUMMARY AND CONCLUSION This investigation was completed to address issues raised in a prior Phase I ESA prepared by Nelson, Pope & Voorhis, LLC. A sampling and analysis program was designed to determine if the piles of soil had impacted the subject property. The sampling and analysis plan consisted of soil/sediment quality testing using analytical test methods consistent with expected parameters and agency soil cleanup objectives. The following presents an evaluation of the results of this investigation. Two (2) areas of soil piles were observed on the subject property. Each of the areas of soil piles were sampled using a stainless steel hand auger. The samples were analyzed for the presence of volatile and semi-volatile organic compounds and metals. The analytical results revealed that none of the volatile or semi-volatile organinc compounds analyzed exhibited elevated concentrations; however several of the analyzed metals exhibited slightly elevated concentrations. None of the elevated concentrations exceeded the NYSDEC guidance values set forth in TAGM 4046. As a result no further action is recommended for the piles of soil. The subject property has been evaluated consistent with the findings of a Phase I ESA, and in accordance with standard practice for the industry. This Phase II ESA addresses only the specific areas of the site warranting further analysis and can only provide conclusions ~regarding the subsurface soil quality in those specific areas tested. The Phase II ESA report is limited to the evaluation of on-site conditions at the time of completion of the field sampling program. Date~ofC~ofml~ei~i~cn Charles J. Voorhis, CEP, A1CP Project Manager Page 8 of 10 ] 1 1 ] 1 ] ] ] ] ] ] ] ] FIGURE 1 LOCATION MAP Source: DeLorme Stxeet Atlas Scale: Not to Scale Reese Property, Greenport Phase I ESA NORTH Page 8 of 26 1 ! 1 1 ] 1 ? 1 FIGURE 3 Reese Property, Greenport Phase I ESA WATER TABLE MAP ~'~ .'" '~ 5118 [, IT'[' L ["; [ LC.O~ I(. Source: SCDHS Water Table Contour Map, 1999 Scale: l" = 8,000' NORTH Page 17 of 26 OVERVIEW MAP - 1361336.2s -Nelson, Pope & Voorhis LLC Target Property Sites at elevations higher than or equa~ to the target property · Sites at elevations lower than the target property Coal Gasification Sites National Priority List Sites Landfill Sites Dept. Defense Sites Indian Reservations Oil & Gas pipelines 100-year flood zone 500-year flood zone Federal Wetl~,nds State Wetlands RTY: Reese Property ADDRESS: 70380 Main Road CITY/STATEIZIP: Greenport NY 11944 LAT/LONG: 41.0952 / 72.3822 CUSTOMER: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY#; 1361336.2s DATE: February 15, 2005 5:16 pm DETAIL MAP - 1361336.2s - Nelson, Pope & Voorhis LLC Target Property Sites at elevations higher than or equal to the target property Sims at elevations lower than the target property Coal Gasification Sites Sensitive Receptors National Priority IJst Sites Landtiti Sites Dept. Defense Sites :: Indian Reservations BIA ."~ Oil & Gas pipelines ~ 100-year flood zone ~ 500-year flood zone [] Federal Wetlands ~ State Wetlancis TARGET PROPERTY: ADDRESS: CITY/STAT~ZIP: LAT/LONG: Reese Properly 70380 Main Road Greenpor~ NY 11944 41.0952 / 72.3822 CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Marissa Da Breo 1361336.2s February 15, 2005 5:16 pm P U B L I C H E A R I N 'G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORM_&TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 901 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 28, 2004: RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 18, 2005, at 8:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of the property owned by Harold Reese Jr., Ronald Reese, and Christine Reese McCulloch. Said properW is identified as SCTM #1000-45-5-5 and 70380 Main Road~ Greenport. The property is located on the south side of NY State Route 25, approximately 100 feet West of Silvermere Road in Greenport. The proposed acquisition is for the entire 47.314± acre property. The exact area of the purchase is subject to survey. The purchase price for the property is $2,250,000 (two million two hundred and fifty thousand) dollars. Funds for the purchase are expected to include a re-imbursement of $1,000,000 (one million dollars) from a Coastal Wetlands Grant from the United States Fish and Wildlife Service to come through the New York State Department of Environmental Conservation, and a $500,000 (five hundred thousand) donation to the Town of Southold from The Nature Conservancy. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for purposes of open space, park, nature preserve and wetland protection. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipe's Cove/Arshamomaque Park Plan as a blueprint for a natural park area including the Resse property and other preserved properties in the Pipes Cove 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, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ January 18~ 2005~ at 8:00 p.m. Southold Town Hall, 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of the proper ,ty owned by Harold Reese Jr. Ronald Reese~ and Christine Reese McCulloch. Said property is identified as SCTM #1000-45-5-5 and 70380 Main Road~ Greenport. The property is located on the south side of NY State Route 25, approximately 100 feet West of Silvermere Road in Greenport. The proposed acquisition is for the entire 47.314+ acre property. The exact area of the purchase is subject to survey. The purchase price for the property is $2,250,000 (two million two hundred and fifty thousand) dollars. Funds for the purchase are expected to include a re-imbursement of $1,000,000 (one million dollars) from a Coastal Wetlands Grant from the United States Fish and Wildlife Service to come through the New York State Department of Environmental Conservation, and a $500,000 (five hundred thousand) donation to the Town of Southold from The Nature Conservancy. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for purposes of open space, park, nature preserve and wetland protection. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipe's Cove/Arshamomaque Park Plan as a blueprint for a natural park area including the Resse property and other preserved properties in the Pipes Cove area. SOUTHOLD TOWN BOARD PUBLIC HEARiNG January 18, 2005 8:00 P.M. ItEARING ON TItE PURCHASE OF PROPERTY OF REESE ET ALT SCTM #1000-45-5-5. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ January 18~ 2005~ at 8:00 p.m. Southold Town Itall~ 53095 Main Road~ Southold~ New York as the time and place for a~ public hearing for the purchase of the proper ,ty owned b,y Harold Reese JrJ~ Ronald Reese~ and Christine Reese McCulloeh. Said property is identified as SCTM #1000-45-5-5 and 70380 Main Road~ Greenport. The property is located on the south side of NY State Route 25, approximately 100 feet West of Silvermere Road in Greenport. The proposed acquiflition is for the entire 47.3144- acre property. The exact area of the pumhase is subject to survey. The purchase price for the property is $2,250,000 (two million two hundred and fifty thousand) dollars. Funds for the purchase are expected to include a re-imbursement of $1,000,000 (one million dollars) from a Coastal Wetlands Grant from the United States Fish and Wildlife Service to come through the New York State Department of Environmental Conservation, and a $500,000 (five hundred thousand) donation to the Town of Southold from The Nature Conservancy. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for purposes of open space, park, nature preserve and wetland protection. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipe's Cove/Arshamomaque Park Plan as a blueprint for a natural park area including the Reese property and other preserved properties in the Pipes Cove 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, Southold, New York, and may be examined by any interested person during business hours. January 18, 2005 2 Public Heating - Reese Purchase COUNCILMAN WICKHAM: I have a notification that the legal has appeared on the Town Clerk's bulletin board out there and it has appeared as a legal in the Suffolk Times newspaper and that is all the information I have here. SUPERVISOR HORTON: Thank you, Councilman Wickham. We open the floor to the public in regard to this public heating. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. As Councilman Wickham mentioned, this heating is in regard to the Town's purchase of the property for fee title, open space purposes. It is about 47 acres. Over the last several years, the Town has been doing outreach in what has become known as the Pipes Cove focus area and it is basically outlined and the parcel is outlined in red on the map in front. The Town hired the Nature Conservancy to assist in this outreach several years ago. The Nature Conservancy started work on a grant proposal for funding and as Councilman Wickham mentioned, the Town is now eligible for $1,000,000 from that grant application for the Reese acquisition. The Nature Conservancy also has agreed to donate $500,000 towards this particular parcel's purchase. Randy Parsons for the Nature Conservancy is here, he has been working with the Town on all of the Pipes Cove projects and I basically would like to mm the floor over to him and he is going to give some more details in regard to the Reese acquisition. But before I do that, I would just like to extend my thanks to the Reese family for allowing us to preserve this very significant parcel, it is one of the larger parcels in the Pipes Cove area and I think that it will, and hopefully, it will start the rest of the parcels in the area, that we can preserve them and preserve that area. So I extend my. thanks to the Reese family. Thanks. SUPERVISOR HORTON: Thank you, Melissa. RANDY PARSONS: Good evening, Supervisor Horton, members of the Board. It is nice to finally be here at this public heating. I know, I believe Melissa introduced me, Mrs. Egan but my name is Randy Parsons and I am with the Nature Conservancy. The Town Preservation Comnfittee has been working on this project for over two years, it has been a long haul and a lot of coordination and persistence to get the federal government, the state DEC, the town and the three siblings that own the property, not all of whom live in New York State to agree. And that agreement is what is before you tonight... SUPERVISOR HORTON: I bet it is easier to get siblings to agree when they don't live in the same state, at least in the Horton family. MR. PARSONS: Every family is a different story. Some of the research that we did on this, it is interesting, there is an unusual soil type that occurs in that section of Greenport that is very good for making bricks and in fact, this property was owned by the Nassau Brick Corporation until 1967, when it was sold to the Reese family. It has been zoned industrial, I believe since zoning began in the Town of Southold, it still is and it has got 3,260 feet of frontage on Main Road, it runs about 500 to 1,000 feet deep off the road, it has got plus or minus 15 acres of tidal wetlands. It is a great buy. It is definitely the keystone in the Pipes Cove area and strategically I think it is also an excellent purchase in that it will help us with the other owners we are talking to in that area. If you have any questions, I would be happy to try to address them. The map shows the larger preserve that we are working on, as Councilman Wickham mentioned in the resolution, which includes nearly 200 acres of underwater land owned by the Conservancy in Pipes Cove and there is already over 200 acres of land owned by the January 18, 2005 Public Hearing - Reese Purchase 3 Village of Greenport, Suffolk County and Southold Town in this area. This will add to that puzzle, that green puzzle that is getting bigger and bigger, that will mn eventually all the way from Long Island Sound to Pipes Cove. Thank you. SUPERVISOR HORTON: Thank you, Mr. Parsons. Are there other comments from the public in regard to this hearing? (No response) If the Board will allow me, I would just like to point out a couple of things at that map that I think are of significance and benefit to the public. I get very excited when we talk about preserving the Pipes Cove area. Everything that you stated is 100 percent on the money and accurate. Some other benefits to this acquisition, if you look to the standing policy of this Board, which is improve the streetscape, the gateway into the Village of Greenport and that hasn't been an easy task this side of the Village line in regard to state improvements of Route 25, the road work has been ongoing. This is zoned LIO, by preserving this property, we not only ensure that incredible gateway into the Village of Greenport, particularly with the improvement the Town Board fought for successfully in regard to the park here and the dra'mage, we ensure that gateway but another thing we ensure here, Pipes Cove is possibly the only estuary of its kind in the Town of Southold and its interaction is resultant of its natural infrastructure for drainage and cleansing of road nm-off. And it is a link into the Moore's drain and any development along this would jeopardize the natural ability of this entire area to basically filter and breathe and grow. So this is a tremendous acquisition in regard to preserving the nature ability of the environment to basically take care of us. And as you mentioned, this is the largest parcel in the Pipes Cove area that has been identified as a priority preservation area. And I am quite confident that it is triggering more interest among land-owners in this desigriated area. I am very confident that we are going to achieve our goal of preserving all of the Pipes Cove Estuary. I just wanted to bring that to the Board's attention. Are there other comments in regard to this hearing from the Board or the public? (No response) Then we will close this heating. Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOV~ING RESOLUTION NO. 15 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 18, 2005: WHEREAS, the Town Board of the Town of Southold wishes to purchase the property owned by Harold Reese Jr., Ronald Reese, and Christine Reese McCulloch identified as SCTM #1000- 45-5-5 and 70380 Main Road, Greenport. The proposed acquisition is for the entire 47.3144- property. The exact area of the property is subject to survey. The purchase price for the property is $2,250,000 (two million two hundred fifty thousand dollars). Funds for the purchase are expected to include a re-imbursement of $1,000,000 (one million dollars) from a Coastal Wetlands Grant from the United States Fish and Wildlife Service to come through the New York State Department of Environmental Conservation, and a $500,000 (five hundred thousand dollar) donation to the Town of Southold from The Nature Conservancy. The Town's funding is to be pursuant to the provisions of Chapter 6; and WHEREAS, the Reese property is within the Pipes Cove focus area of Southold Town. The Town has identified the Pipes Cove area as a priority area for preservation, as this area is one of the few remaining tmdeveloped areas of critical wetlands in the Peconic Bay Estuary. The Pipes Cove area is part of a long term project to acquire critical lands within the Peconic Estuary watershed to preserve the ecological viability of the estuary; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for purposes of open space, park, nature preserve and wetland protection; and WHEREAS, proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipe's Cove/Arshamomaque Park Plan as a blueprint for a natural park area including the Reese property and other preserved properties in the Pipes Cove area; now, therefore be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that a copy of this Resolution shall be mailed by the Town Clerk to the following: 1) 2) 3) Randall Parsons, Conservation Finance and Policy Advisor The Nature Conservancy P.O. Box 5125 East Hampton, NY 11937 Karen Chytalo, Chief- Habitat Protection NYS-DEC 205 Belle Mead, Suite One East Setauket, NY 11733 Heather Amster, Real Property Supervisor NYS-DEC Region 1 Bureau of Real Property SUNY Building 40 Stony Brook, NY 11790 Elizabeth A. Neville Southold Town Clerk 617.20 Appendix C S~=te Environmen~=l Quali~ Review SHORT EN~RONHE~AL ~SE~ME~ ~RM For UN~D ACTORS Only PART I-PRO3E~ INFORMA~ON (To be completed by Applicant OR ProJe~) Page 1 of 2 1. APPI./CANT/SPONSOR: Southold Town Board ] 2. PROJECT NAME:*?°~uw O?¢fl ~ ~ 3. PRO3ECT LOCAl/Off: Municipality: O~L~'~'~OL~:> "~-'o~ot*J County: ~ow~ 4. PRECZSE L~ON: (Steer address and ~ad inte~e~ons, prominent landmar~ et~ or p~vide map) 5. ~S PROPOSED A~ON: ~ New ~ Expansion ~ Modifi~Uon 6, DESC~BE PR~E~ B~EFLY: 7, AMOUNT OF ~ND AFFE~ED: ~N~AL~Y ~7~/q ~ acres UL~ATE~Y ~?,~;~ acres 8. ~LL PRO~SED ACTOR COMPLY W~ EXI~NG ZONING OR OTHER ~Z~NG ~ND USE RE~C~ONS? ~ Yes ][- No if No, de~ b~efly g.WHAT IS P~SENT ~ND USE IN ~CIN~ OF PRO3E~ // ~ Residential ~ ~mmerda~ ~ Industrial ~ Agriculture ~ Par~ForesVOpen space ~ Om~ ~' Yes No if ~ li~ agent(s) and ~rmiSap~vab ~Z, DOE~ ANY ~E~ OF ~E A~ON HAVE A CURRENTLY VAUD PER~ OR APPROVAL? Yes ~ NO if yes, list ~en~(s) and ~2, ~ RESULT OF PROPOSED A~ON ~LL E~NG PER~/APPROVAL D Yes~ No ~ CER~ THAT THE ZNFO~A~ON PRODDED ABOVE ZS ~UE ~ ~E BE~ OF ~Y KNOWLE~E ApplicantJsponsorName:,~,/l~l- .~;~. ~"*f~(¢(.~o,~. Date: ,~7/~ If ~e a~ion Is In the Coati Ama, and you am a ~te agenw, ~mplete ~e Coati ~ment Form proceeding with this a~ment PART 1/-ENVIRONMENTAL ASSESSHEi~' (To be completed by Agency) Page 2 of 2 A. DOES ACT[ON EXCEED ANY TYPE ! THRESHOLD TN 6 NYCRR, PART 617.47 ~ Yes~ No lf yes coordinate the rev/ew proce~ and u~e the full EAF B. WZLL ACT/ON RECEIVE CDORDIrNATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS ZN 6 NYCRR, PART 617.67 F~ Yes ~ No If no, a negative dedaration may be sucC~ended by another involved agency C. COULD ACt/ON RESULT t*N ANY ADVERSE EFFECTS ASSIrOCIATED WITH THE FOLLOWING: (Answers may be handv~itten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or disposal, potential for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic, agricultural, archaeological, histodc or other natural or cultural resources; or community or neighborhood character? Explal4~b, mrieflY: C3. Vegetation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: ~o C~.. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly; C6. Lo~n~] term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity of type of energy)? Explain briefly: D. WILL THE PRO3ECT HAVE AN ZMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~ Yes~ No E. IS THERE, OR Irs THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT/AL ADVERSE ENVIRONMENTAL IrMPACTS? r' Yes~ No PART ZZZ- DETERHINATZON OF SIGNIFZCANCE (To be completed by Agency) IN~'RUCTIONS: For each adverse effect identified above, determine whether it is substantiar, lars~, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); probability of occurring; (c) duf;~tion; (dO irreversibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Gneck this box if you have identified one or more potentially large or significant adverse impacts, which may eccur. Then proceed directly to the FULL ENV~P, ONME~NAL ASSESSMENT FORN and/or prepare a positive declaration. Check th~s box ~f you have determ,ned, based on the mformabon and ana~ys~s above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determlnafior~.....~ Name of I~a ,~ ~.gency~ Print of ~p~am~,~;~,~s~ib~e ~cer in Lead Agency Title of RespopsJb~e O~cer ~l_~fure of R~spo_0~e_~c~.r in Lead Ag{~n?~ Signature ~, ~!epar~(if cliff~rent(/ffom of responsible officer) P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 35 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 18, 2005: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee title acquisition of the property owned by Harold Reese Jr., Ronald Reese, and Christine Reese McCulloch on the 18th day of January, 2005, pursuant to the provisions of Chapter 6 (Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-45-5-5 and 70380 Main Road, Greenport. The property is located on the south side of NY State Route 25, approximately 100 feet West of Silvennere Road in Greenport; and WHEREAS, the proposed acquisition is for the entire 47.314± acre property. The exact area of the purchase is subject to survey; and WHEREAS, the Reese property is within the Pipes Cove focus area of Southold Town. The Town has identified the Pipes Cove focus area as a priority area for preservation, as this area is one of the few remaining undeveloped areas of critical wetlands in the Peconic Bay Estuary. The Pipes Cove area is part of a long term project to acquire critical lands within the Peconic Estuary watershed to preserve the ecological viability of the estuary; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for purposes of open space, park, nature preserve and wetland protection; and WHEREAS, proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipe's Cove/Arshamomaque Park Plan as a blueprint for a natural park area including the Reese property and other preserved properties in the Pipes Cove area; and WHEREAS, the purchase price for the property is $2,250,000 (two million two hundred fifty thousand dollars). Funds for the purchase are expected to include a re-imbursement of $1,000,000 (one million dollars) from a Coastal Wetlands Grant from the United States Fish and Wildlife Service to come through the New York State Department of Environmental Conservation, and a $500,000 (five hundred thousand dollar) donation to the Town of Southold from The Nature Conservancy; and WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code and the Town's funding is to be pursuant to the provisions of Chapter 6; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the subject property for open space preservation purposes; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the property owned by Harold Reese Jr. Ronald Reese~ and Christine Reese McCulloch identified as SCTM #1000-45-5-5 and 70380 Main Road~ Greenport. The proposed acquisition is for the entire 47.314± property. The exact area of the property is subject to survey. The purchase price for the property is $2,250,000 (two million two hundred fifty thousand dollars). Funds for the purchase are expected to include a re-imbursement of $1,000,000 (one million dollars) from a Coastal Wetlands Grant from the United States Fish and Wildlife Service to come through the New York State Department of Environmental Conservation, and a $500,000 (five hundred thousand dollar) donation to the Town of Southold from The Nature Conservancy. The Town's funding is to be pursuant to the provisions of Chapter 6; and, beit further RESOLVED that a copy of this Resolution shall be mailed by the Town Clerk to the following: 1) Randall Parsons, Conservation Finance and Policy Advisor The Nature Conservancy P.O. Box 5125 East Hampton, NY 11937 2) Karen Chytalo, Chief Habitat Protection NYS-DEC 205 Belle Mead, Suite One East Setauket, NY 11733 3) Heather Amster, Real Property Supervisor NYS-DEC Region 1 Bureau of Real Property SUNY - Building 40 Stony Brook, NY 11790 Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT HAROLD REESE, JR., RONALD REESE and CHRISTINE REESE McCULLOCH to TOWN OF SOUTHOLD SCTM #1000-45-5-5 Open Space acquisition - 47.31 acres Premises: 70380 Main Road, Greenport Closing held on Tuesday, July 12, 2005, at 10:00 a.m., Land Preservation Dept., Southold Town Hall Annex Purchase Price of $2,250,000.00 disbursed as follows: Payable to Reese, Reese, McCulloch LLC (7/12~05) Payable to Reese, Reese, McCulloch LLC (7/12/05) $1,125,000.00' $1,125,000.00 Expenses of Closing: 2004-05 Real Property Tax Reimbursement Payable to Reese, Reese, McCulloch LLC (7/12105) *added to purchase check listed above $ 3,930.23* Appraisal Payable to Stephen H. Schuster, MAI (3/25/03) $ 2,200.00 Appraisal Payable to Frederick Wood Associates Inc. (2124/04) Updated Appraisal Payable to Frederick Wood Associates Inc. (12/14/04) $ 2,200.00 $ 350.00 Survey Payable to John C. Ehlers Land Surveyor (3/15/05) Metes & Bounds Description ReadinR Payable to John C. Ehlers Land Surveyor (8/30/05) 4,750.00 100.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC (Phase I, Environmental Site Assessment) (3129105) Payable to Nelson, Pope & Voorhis, LLC (Phase II, Environmental Site Assessment) (7~5~05) 1,300.00 1,695.00 Title Report Payable to LandAmerica*Commonwealth (7/12~05) Fee insurance $ 9,083.00 Recording deed $ 295.00** and grant agreement ** includes certified copies 9,378.00 Title Closer Attendance Fee Payable to Pat Fallon (7112105) 100.00 Those present at Closing: Martin Sidor Lisa Clare Kombrink, Esq. Harold Reese, Jr. Paul Caminiti, Esq. Chrysa Pasqualone, Esq. Pat Fallon Randy Parsons Melissa Spiro Melanie Doroski Southold Town Deputy Supervisor Attorney for Town of Southold Seller Attorney for Seller Attorney for Seller Title Company Closer The Nature Conservancy Project Manager Land Preservation Coordinator Land Preservation Administrative Asst CIE LOCATION: ROUTE 25 HOLD, NY 11971-0499 473889 45.-5-5 TOWN OF SOUTHOLD CONSOLIDATED REAL PROPERTY T~ BILL DECEMBER 1, 2004 - NOVEMBER 30, 2005 - TAXES BECOME A LIEN DECEMBER 1, 2004 IF THE WORD "ARREARS" iS PRINTED HERE SEE COUNTY TREASURER'S NOTICE 239 ON REVERSE SIDE. OFFICE HOURS & PHONE MON-FRI 8:00 AiM TO 4:00 PM 631-765-1800 FAX: 631-76§-5189 17 5069 70380 MAIN RD 47.31 316,955,945 2,473,384 311 RES VAC LAND 74 WHITEHALL ROAD ROCKVILLE CENTRE NY 11570 REESE HAROLD JR & ORS 9.49% 5,051.i8 DU ~ DEC, L 2004 PAYASLE WIT,~(~O'~ I~ENALTY TO MAY 31,2005. S ~E REvE~ SI[~E FOR PENALTY SCHEDULE AND COUNTY TREASURER'S NOTIC~ THiS TA~ ~AY BE ~ 02/27/2003 De~c~ POB~ F-,a~t t Appr 11:33 6313290215 NAT STEPHEN H. SCHUSTER, MAI F~ NOYAC HARBOR ROAD SAG HA.~BOR, N~W YORK 11963-1~20 631 FA)[ 631 72S-$0~0 bet30,2002 ature Conservancy and Town of Southold ~x 5215 [ampton, NY 11937 70380 Main Road Greenport, New York 11944 Property of Harold Reese, Jr. & others SCTM ~s: 1000-45-5-5 isal Sereices Appra/s~l Fee ............................................................................ $2,200.00 Balance Due .............................................................................. $2,200,00 PAGE 82 : FREDERICK WOOD ASSOCIATES INC. P.O. BOX 538 BELLPORT, NY 11713 PHONE 631.776.2541 FAX 631.776.2583 EMAIL fwaincl@optonline.net Frederick Wood Associates Inc. P.O. Box 538 Bellport, NY 11713 Nature Conservancy P. O. Box 5125 East Hampton , NY O~__D_ER NUMBER BILLING DATE Appraisal, Reese Property, Greenport, NY SCTM# 1000-045-05'005 Pie~se ~.eturn ~voice in envelope provided with payment made payable to Frederick Wood Associates FEE $2,200.00 ~REVi PAYMENT DATE PAID $0.00 BALANCE DUE $2,200.00 FREDERICK WOOD ASSOCIATES INC. P.O. BOX 538 BELLPORT, NY 11713 PHONE 631.776.2541 FAX 631.776.2583 EMAIL fwaincl@optonllne.net Frederick Wood Associates Inc. P.O. Box 538 Bellport, NY 11713 Nature P. O. Box 5125 East Hampton Conservancy , NY ~pdated vacation' Re~e~perty, Greenportl NY SCTM# 1000-045-05.005 Please return invoice in envelope provided- Wiih payment made payable to Frederick Wood Associates FEE $350.00 PREV. PAYMENT DATE PAID $0.00 BALANCE DUE $350.00 : JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Date Invoice # 3/3/2005 2005133 Bill To Town of Southold PO Box 1179 Southold, N.Y. 11971 Your Client Date of Service 3/3/2005 SCTM# My Job # 1000-45-5-5 05-114 Description Current survey of approximately 47 acres situate Greenport Town of Soathold Amount 4,750.00 JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Date Invoice # 6/30/2005 2005340 Bill To Lisa Clare Kombrink, Esq. 235 Hampton Road Southampton, NY 11968 Your Client Town of Southold NYSDEC Date of Service 7/11/2005 Description Metes and bounds descriptions of roadway SCTM~ My Job # 1000-45-5-5 05-114 Amount 100.00 ,Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427:5620 Invoice ProperS: 05044 Project: Reese Property, Greenpo~t Manager: McGinn, Steven VA01738 Town of Southold Der>t of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 3095 Invoice Date: March 15, 2005 MAKE CHECKS PAYABLE TO NELSON POPE &VOORItIS Invoice Amount $1,300. O0 Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed: 2/15 thru 3/8/05 Contract Amount: $1,300.00 Percent Complete: 100.00% Fee Earned: $1,300.00 Prior Fee Billings: $0.00 Current Fee Total: $1,300.00 *** Total Project Invoice Amount $1,300.00 Nelson, Pope & Voorhis, LLC 572 l~/alt Whitman Road Phone: 631.427-5665 MeK, iile NY 11747 Fax: 631.427-5620 Invoice Property: 05044 Project: Reese Property, Grcenport Manager: McOinn, Steven VA01738 To: Town of Southold DeBt of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 3293 Invoice Date: June 17, 2005 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Prepare Limited Phase II Environmental Site Assessment Work Performed: 4/18 thru 4/27/05 SEE ATTACHED INVOICE TABLE Invoice Amount Specified Fee: $1,695.00 $1,695.00 *** Total Project Invoice Amount $1,695.00 COMMOI~IWF~LTtl LAND TITLE INSURANCE COMPANY Old Countr~ Road~ P._O. Box 419, Riverhe~d~ New York 11901 - 631-727-7760 fax 631-727-7818 FAIR MARKET VALUE RIDER__ (OPTIONAL) PREMIUM MORTGAGE INSURANCE COVERAGE PREMIUM ENDORSEMENTS: Eavlronmental Re~dential Adj~ta~e ~ ~der NEW YORK STATE TRANSFER/MANSION TAX MORTGAGE TAX (Mortgagee) MORTGAGE TAX (Mortgagor) COMMUNITY PRESERVATION FUND SURVEY INSPECTION ()SATISFACTION(S) ( ) MORTGAGE(S) ( ) ASSiGNMENT(S) PATRICIA I~ FALLON TITLE CLOSER R E C O R D E D D E E D & G R A N T A G R E E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 10 Receipt Number : 05-0075984 TRANSFER TAX NUMBER: 04-50209 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 045.00 05.00 EXAMINED AND CHARGED AS FOLLOWS $2,250,000.00 Received the Following Fees For Above Instrument Exempt Page/Filing $30.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $30.00 NO SCTM Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 04-50209 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County ^US 12 20O5 DEPT. OF LAND 07/21/2005 03:04:21 PM D00012399 156 Lot: 005.000 Exempt $5.00 NO $15.00 NO $165.00 NO $12.50 NO $0.00 NO $0.00 NO $272.50 Number of pages /0 TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument 31 Page / Filing Fee ..~) __ Handling 5. O0 TP-584 Notation EA-5217 (County) EA-5217 (State) Comm. of Ed. 5. 00 Reg. Copy Other 4 IDisUictl0001Section o45.o01 Block RECORDED 2005 Jul 21 03:04:21 PM Edward P,Ro~aine CLERK OF SUFFOLK COUHTY L D00012399 P 156 DT~ 04-50209 Deed / Mortgage Tax Stamp I Recording / Filing Stamps FEES Sub Total SubTotal Grand T°tal c:~ 7 ~' 05.001 Lot 005.00~ 5 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG TAX Dual Town Dual County __ Held for Appointment Transfer Tax Le-A"~,* ~' Mansion Tax The property covered by this motgag or will be improved by a one or family dwelIing only. YES or NO If NO, see appropriate tax clause on page # of t is instrument. Community Preservation Fund Real 05027354 ~-ooo o,~soo osoo oosooo ! / Consideration Amount Property Tax Service Agency Verification 61 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: LISA CLARE KOMBRINK, ESQ. 235 Hampton Road Southampton, New York 11968 CPF Tax Due TD TD 71 Title Company Information Cm Name COMMONWEALTH T t e # RH 05302623 81 Suffolk County Recording & Endorsement Page Thispage~rmspartoftheattacbed DEED RE~SE, REESE AND REESE MCCULLOCH TO TOWN OF SOUTHOLD made b3 (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of SOUTHOLD In the VILLAGE or HAMLET of BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING (OV¢ bargain and sale deed with covenant against grantor's acts (individual or corporation) standard nybtu form 8007 CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE, made the /f~. day of ,~7~£)t ,2005, between HAROLD REESE, JR., RONALD REESE and CHRISTINE REESE (a/k/a CHRISTINE REESE MCCULLOCH) individually, and as partners of REESE, REESE, MCCULLOCH, a Limited Liability Partnership, with offices at 74 Whitehall Road, Rockville Center, New York 11570 party of the first part, and TOWN OF SOUTHOLD, with offices at 53095 Main Road, Southold, New York 11971 parOd of the second part, WITNESSETH, that the party of the first part, in consideration of TEN DOLLARS, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as: SEE SCHEDULE A ANNEXED HERETO SUBJECT TO a right of way for ingress and egress for SCTM # 1000~45-5-3 and SCTM # 1000-45-5-4, as shown on a survey dated March 1, 2005, last revised March 11, 2005, prepared by John C. Ehlers Land Surveyor. THE above-described property is acquired in part with funding received by the State of New York from Grant Agreement Number C-4-L-1 dated March 28, 2005 between the U.S. Fish and Wildlife Service (Service) and the State of New York, Department of Environmental Conservation. All present and future use of this property are and shall remain subject to the terms and conditions described in the Notice of Grant Agreement, attached hereto as Schedule I and recorded herewith, and to the other administrative requirements of the applicable grant funding program of the Service. BEING AND INTENDED TO BE the same premises conveyed to the grantor herein by deed dated 6/15/67 and recorded 6/26/67 in Liber 6174 and page 47 of the Clerk oft he County of Suffolk. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second par[ the heirs or successors and assigns of the party of the second part forever. AND the party of the first par[ covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the 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. The word "pray" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year flu'st above written. IN PRESENCE OF: HAR~~O~~ State of New York) County of SUFFOLK) On the ~,~ day of ,~t4,g' )t in the year 2005 before me, the undersigned, a Notary Public in and for said State, personally appeared HAROLD REESE, JR., personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. State of New York) SUFFOLK) On the day of Public said State, personally appeared RONALD REESE proved to basis of satisfactory evidence to be the individual whose to the within and acknowledged to me that he executed the same that by his signature instrument, the individual, or the person individual acted e instrument. Notary Public PATRICIA L. FALLON Notary Public, State Of New York No. 01 FA4950146 Quallfed n Suffolk Cour~y Commission Expires Apr 24,~-07 in the year 2005 before me, the undersigned, a I /, and ch the Notary Public State of New York) ss: County of SUFFOLK) On the __ day of. in the 05 before me, the undersigned, a Notary Public in m~d for personaIly appeared REESE MCCULLOCH, evidence to be the individual whose name to me that she executed the same in her capacity, and that by her signature on the instrument individual, or the person upon behalf of which the individual acted, executed the instrument. EXHIBIT Notice of Grant Aereement The State of New York, Department of Environmental Conservation, and its successors and assigns (hereinafter DEPARTMENT) and the Town of Southold and its .successors and assigns (hereinafter TOWN) acknowledge that the above described property Is acquired in part with federal funds received from the National Coastal Wetlands Grant Program administered by U.S. Fish and Wildlife Service, Division of Federal Assistance, its successors and assigns (hereinafter SERVICE) and that the property described is subject to all the terms and conditions of Grant Agreement Number C - 4 - L -1 (hereinafter Grant Agreement) between the Service and the Department. A copy of the Grant Agreement is kept on file at the offices of the Service, 300 Westgate Center Drive, Hadley, MA 01035- 9589 and at the offices of the Department, 625 Broadway, Albany, New York 12233-5010. The Department and Town acknowledge that the real property, which is the subject of this Grant Agreement, is acquired for the approved purpose of long-term conservation of coastal wetland ecosystems, thereby preserving and protecting in perpetuity these multiple, interrelated land features which are critical to coastal fish, wildlife and their habitats. The Department and Town further acknowledge that the property will be administered for the 10ng-term conservation of said lands and waters and the hydrology, water quality and fish and wildlife dependent thereon. The Department, as the Grant Recipient, and the Town as Sub-grantee, hereby acknowledge that they are responsible for exercising sufficient control over the property to ensure that the property is used and will continue to be used for the approved purposes for which it is acquired and that the property may not be conveyed or encumbered, in whole or in part, to any other party or for any other use, whatsoever, without the written consent of the Regional Director of the U.S. Fish and Wildlife Service. If the Town loses control of the property, control must be fully restored to the Town or the property must be replaced, within three years, with like property of equal value at current market prices and equal benefits. Further, if the property is used for activities that interfere with accomplishment of approved purposes, the violating activities must cease and any resulting adyerse effects must be remedied. If the Department and the Town determine the property is no longer needed or useful for its original purpose and the Service concurs, the Town, may with the prior consent of the Service: either (1) acquire title to another parcel of real property of equal value that serves the same approved purpose as the original property and to manage the newly acquired real property for same purposes specified in the original Grant Agreement, or (2) repay the Service, in cash, the proportionate federal share of funds invested in the original purchase price, or to repay the Service, in cash, the proportionate federal share of the current fair market value of the property, or any portion thereof, whichever is higher, or (3) as a last resort, transfer the subject property to the Service or to a third-party designated or approved by the Service. The Department, as Grant Recipient, and the Town as Sub-grantee hereby confirm their obligations and responsibilities with regards to the acquired property pursuant to terms and conditions associated with Grant Agreement C - 4 - L - 1. IN WITNESS 'WHEREOF, the People of the State of New York, by their Commissioner of Environmental Conservation, has set its hand and seal this '~-t day of ,200s. STATE OF NEW YORK ) ) SS.: COUNTY OF ALBANY ) of satisfactory evidence to be the individual whose name is subscribed to the within instnunent and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. DIANE L. pALMER ' Notary Public, State of New York Notal7 Public, State of New York No. 4991080 Qusl fled in Rensselaer County Commission Expires January 21,20 ~ of IN WITNESS WHEREOF, the Town of Southold, has set its hand and seal this 30tlday June File No: RH05302623 SCHEDULE A - DESCRI'PTt'ON AMENDED 07/05/05 ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: BEGINNING at a railroad monument set on the northerly side of the Long Island Railroad Company, said monument being where the westerly line of land herein described, and the easterly line of land now or formerly of Herman Sill intersects said northerly side of the Long island Railroad Company; RUNNING THENCE northerly and westerly along land now or formerly of Herman Sill the following four (4) courses and distances: North ~! degrees 03 minutes 20 seconds East, 755.81 feet to a monument; South 50 degrees 42 minutes 30 seconds West, 992.08 feet to a point; 3. South 40 degrees 1! minutes 30 seconds West, 4~O~O_.._~t to a monument; 4. North 47 degrees 20 minutes 50 seconds West, 334.02 feet to a point and land now or formerly of Beliz and others; THENCE North 38 degrees 58 minutes 50 seconds West, along said last mentioned land 29:1.:~:1 feet to a monument in the southerly of Main (State) Road; THENCE easterly along the southerly side of Main (State) 'Road the following three (3) courses and distances: 1. North 54 degrees 25 minutes 10 seconds East, 455.95 feet to a point of curve; 2. Along the arc of said curve bearing to the right having a radius of 2809.79 feet a distance of 1176.36 feet to a point; 3. North 78 degrees 24 minutes 20 seconds East, :1627.38 feet to a monument and land now or formerly of }urzenia; THENCE South 6 degrees 26 minutes 30 seconds East along last mentioned land 512.62 feet to a monument and the northerly side of Long Island Railroad Company; THENCE westerly and southerly along the northerly side of Long Tsland Railroad Company the following six (6) courses and distances: 1. Along the arc of a curve bearing to the left having a radius of 2898.0 feet, a distance of 1290.27 feet; 2. South 54 degrees 40 minutes 10 seconds West, 405.26 feet to a point; 3. South 35 degrees !9 minutes 50 seconds East, :16.50 feet to a point; 4. South 54 degrees 40 minutes ]~0 seconds West, 250.56 feet to a point; 5. North 20 degrees 27 minutes 50 seconds West, !3.96 feet to a point; 6. South 54 degrees 40 minutes 10 seconds West, 371.05 feet to the Railroad monument first above mentioned at the point or place of BEGINNING. ALTA Owner's Policy (10-17-92) ~ Vacant ~ JOHN C. EHLERS LAND SURVEYOR STATE OF NEW YORK ) )8S2 COUNTY OF SUFFOLK ) Onthis30th day Of June Joshua Y. Horton did say personally and under his authority as Southold Town Supervisor free act and deed and the free act and deed of the Town Of Southold. Notary Public My Commission Expires: 9/30106 ,2005, before me personally appeared , to me personally known, who, being by me duly sworn, , that this is his File No: RH05302623 SCHEDULE A - DESCRZPTZON AHENDED 07/05/05 ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: BEGINNING at a railroad monument set on the northerly side of the Long Island Railroad Company, said monument being where the westerly line of land herein described, and the easterly line of land now or formerly of Herman Sill intersects said northerly side of the Long Island Railroad Company; RUNNING THENCE northerly and westerly along land now or formerly of Herman Sill the following four (4) courses and distances: 2. 3. 4. North 1'1 degrees 03 minutes 20 seconds East, 755.81 feet to a monument; South 50 degrees 42 minutes 30 seconds West, 992.08 feet to a point; South 40 degrees 11 minutes 30 seconds West, 40.63 feet to a monument; North 47 degrees 20 minutes 50 seconds West, 334.02 feet to a point and land now or formerly of Beliz and others; THENCE North 38 degrees 58 minutes 50 seconds West, along said last mentioned land 291.11 feet to a monument in the southerly of Main (State) Road; THENCE easterly along the southerly side of iVlain (State) Road the following three (3) courses and distances: 1. North 54 degrees 25 minutes :~0 seconds East, 455.95 feet to a point Of curve; 2. Along the arc of said curve bearing to the right having a radius of 2809.79 feet a distance of 1176.36 feet to a point; 3. North 78 degrees 24 minutes 20 seconds East, 1627.38 feet to a monument and land now or formerly of Jurzenia; THENCE South 6 degrees 26 minutes 30 seconds East along last mentioned land 5:~2.62 feet to a monument and the northerly side of Long Island Railroad Company; THENCE westerly and southerly along the northerly side of Long island Railroad Company the following six (6) courses and distances: 1290.27 feet; 2. 3. 4. 5. 6. Along the arc of a curve bearing to the left having a radius of 2898.0 feet, a distance of South 54 degrees 40 minutes 10 seconds West, 405'.26 feet to a point; South 35 degrees 19 minutes 50 seconds East, 16.50 feet to a point; South 54 degrees 40 minutes 10 seconds West, 250.56 feet to a point; North 20 degrees 27 minutes 50 seconds West, :[3.96 feet to a point; South 54 degrees 40 minutes 10 seconds West, 371.05 feet to the Railroad monument first above mentioned at the point or place of BEGINNING. ALTA Owner's Policy (10-17-92) T I T L E P 0 L I C Y ISSUED BY COMMONWEALTH LAND TITLE INSIJR&NCE COMPAN~ Commonwealth A LANDAMERICA COMPANY OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay Jhe costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF. COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused itf corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: By: President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from thc coverage of this policy and thc Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excIuding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, lput known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA10 ALTA Owner's Policy (10-17-92) Valid Only If Schedules A and B and Cover Are Attached Form 1190-1 Face Page CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any fights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law os distinguished from purchase including, but not lira ted to, heirs, stributees, devisees, survivors, personal representatives, next of kin, or rporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge not construe ve knowledge or not ce v~hich may bc imputed to an insured by reason of the public records as defined in this policy or any olber records which impart constructive notice of matter~ ~ffecting the land. (dj "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right , title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument, (D "public records'*: records established under state statutes at Date of Policy for thc purpose of imparting constructive notice of matters relaling to real property to purchasers for value and without knowledge. With respect to Section l(a) (iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketabibly of the title": an alleged or apparent matter affecting the title to Ihe land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Da~c of Po]icy in favor of an insured only so long as the insured retains an estale or interest in the land, or holds an indebtedness secured by a purchase money .Ourtgage given by a purchaser from the insured, or only so long as the red shall have liability by reason of covenants of warranty made by thc ured in any transfer or conveyance of Ihe estate or interest. Th s po cy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in wriling (il in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of litle or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estale or interest, as insured, is rejecled as unmarketable. If prompt notice shall not be given to lhe Company, then as to the insured all liability of the Company shall terminate with regard Io thc matter or matters for which prompt nolice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and lhen only to the extent of the prejudice 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the op OhS contained in Section 6 of these Conditions and Stipulations. the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserls a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable muse) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees. costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. nt(~) The Company shall have the right, at its own cost to institute and secure any action or proceeding or to do any other act which in s ion may be necessary or desirable to establish the title to the estate or rest, as insured, or to prevent or reduce loss or damage to the insured The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy, If the Company shall exercise its rights under this paragraph, it shall do so diligently. B 1190-1 (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a cour of competent jurisdiction and expressly reserves the right in its sole d scredon. to appea from any adverse judgment or order. (dj In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding~ the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the, name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or de[ending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend~ prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possibIe, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage, In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of thc Company and shall produce for examination, inspeclion and copying a such reasonable times and p aces as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company , the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine , inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company. il is necessary in Ihe administration of the claim Failure of the insured claimant to submil for examination under oath, produce other reasonably requested information or granl permission to secure reasonably necessary information front third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a)To Pay or lender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with an,: costs~ attorneys' fees and expenses incurred by Ihe insured claimant, which were authorized by thc Company, up to the time of paymant or tender of payment and which the Company is obliga- led to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle Wilh Parties Other than Ihe Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimam any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by lhe insured claimanl which were authorized by the Company up to ~he time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii). the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. ( 'tions and Stipulations Continued Inside Cover JUL. 12, 2005 ~9:25AM C~'C RIVERHEAD La dAmed a Commonwealth ~0, 163 P. 2 File No: RHOS3026Z3 SCHEDULE A Amount of Insurance.. $~250t000.00 Date of Policy: 3uly 12, 2005 1. Name of Tnsured: Town of $outhord Policy No.: RH05302623 2. The estate or interest in the land which is covered by this policy: Title to the estate interest in the land is vested in'. By deed made by Harold Reese, Jr., Ronald Reese and Christine Reese, a/k/a Christine Reese McCulloch, Individually and a~ Partners of Reese, Reese & McCulloch, a Limited Liability Partnership to the ZNSURED dated 7/:12/2005 and to be recorded in the Office of the Clerk of the City/Register Suffolk County. 4, The land referred to in this policy is described on the annexed Schedule A - Description, Authorized Officer or Agent ALTA Owner'~ Policy (10-i7-92) File No: RH05302623 SCHEDULE A - DESCRI'pTI'ON AMENDED 07/05/05 ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: BEGINNING at a railroad monument set on the northerly side of the Long Island Railroad Company, said monument being where the westerly line of land herein described, and the easterly line of land now or formerly of Herman Sill intersects said northerly side of the Long Island Railroad Company; RUNNING THENCE northerly and westerly along land now or formerly of Herman Sill the following four (4) courses and distances: 1. North 11 degrees 03 minutes 20 seconds East, 755.81 feet to a monument; 2. South 50 degrees 42 minutes 30 seconds West, 992.08 feet to a point; 3. South 40 degrees 11 minutes 30 seconds West, 40.63 feet to a monument; 4. North 47 degrees 20 minutes 50 seconds West, 334.02 feet to a point and land now or formerly of Beliz and others; THENCE North 38 degrees 58 minutes 50 seconds West, along said last mentioned land 291.11 feet to a monument in the southerly of Hain (State) Road; THENCE easterly along the southerly side of Hain (State) Road the following three (3) courses and distances: 1. North 54 degrees 25 minutes 10 seconds East, 455.95 feet to a point of curve; 2. Along the arc of said curve bearing to the right having a radius of 2809.79 feet a distance of 1176.36 feet to a point; 3. North 78 degrees 24 minutes 20 seconds East, 1627.38 feet to a monument and land now or formerly of 3urzenia; THENCE South 6 degrees 26 minutes 30 seconds East along last mentioned land 512.62 feet to a monument and the northerly side of Long Island Railroad Company; THENCE westerly and southerly along the northerly side of Long Island Railroad Company the following six (6) courses and distances: Along the arc of a curve bearing to the left having a radius of 2898.0 feet, a distance of 1290.27 feet; 2. 3. 4. 5. 6. South 54 degrees 40 minutes 10 seconds West, 405.26 feet to a point; South 35 degrees 19 minutes 50 seconds East, 16.50 feet to a point; South 54 degrees 40 minutes l0 seconds West, 250.56 feet to a point; North 20 degrees 27 minutes 50 seconds West, 13.96 feet to a point; South 54 degrees 40 minutes 10 seconds West, 371.05 feet to the Railroad monument first above mentioned at the point or place of BEGINNING. ALTA Owner's Policy (10-17-92) JUL. 12. 2005' 9:25AM C"~C RIVERHEAD NO, 163 P. 3 Hie No: RHOS302623 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees expenses) which arise by reason of the ¢ollowing: or Declaration of Covenants and Restrictions in Lit>er 6174 page 47. Survey made by .lohn C. Ehlem~ Land Surveyor last dated 03/1~/05 shows vacant land; a)Fence posts and ditch in southerly area; b)Dirt road and utility poles in we~erly area, subject ot easement rights of others in, to and over said dirt road; c) Company excepts the rights of the appropriate utility companies to maintain and/or relocate utilib/poles, and the rights of others to use said services as shown on the survey read herein. ALTA Owner's Policy (10-17-92) Commonwealth File No: RH05302623 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLTCY) ATTACHED TO AND MADE A PART OF POLTCY NO. 05302623 'rSSUED BY COMF,1ONWEALTH LAND TTTLE TNSURANCE COt. tPANY The following is added to the insuring provisions on the face page of this policy: "5. 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." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Commonwealth Land Title Tnsurance Company Dated: July ~.2, 2005 Cou~tersigned:,/..~ ~/~' O By: ~. ,~ ~. ~'~ ~ ~ ~ ~ ~ ~ Attest: Authorized Officer or Agen~~ President Secretary Standard New York Endorsement-Owner's T N C D O N A T I O N THE NATURE CONSERVANCY NO. 18-AUG-05 CR1092-NYLGL PECONIC ESTUARY (R 0.00 500,000.00 · MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spirn @ 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 August 24, 2005 The Nature Conservancy 4245 North Fairfax Drive Suite 100 Arlington, VA 22203-1606 Re: REESE, REESE & REESE McCULLOCH to TOWN OF SOUTHOLD SCTM #1000-45-5-5 (47.31 acres- Pipes Cove) Peconic Estuary Program's Critical Lands Protection Strategy Premises: 70380 Main Road, Greenport, Long Island, New York Dear Conservationists: Yesterday, at a point overlooking a tract of land known as the "Reese" property, I had the pleasure of accepting from Randy Parsons of your South Fork-Shelter Island Chapter,' a $500,000.00 donation check issued by The Nature Conservancy. The designation of these funds is for the acquisition of this 47.31 acre parcel of woods and freshwater marshland as part of a larger sustained partnership with the Town of Southold, which includes ongoing planning, land acquisition and management of Peconic Estuary land. This pristine acreage has provided a home to fish, shellfish, and natural wildlife that remains, to this day, virtually unspoiled and in its natural state. Fauna and flora abound in this peaceful habitat located in the Pipes Cove area that borders the shores of Peconic Bay. Randy has been instrumental in negotiating and securing this property for the Town's land preservation program. On behalf of the Town of Southold, I would like to take this opportunity to express to you the Town's gratitude for this generous donation. With help from organizations like The Nature Conservancy, the Town is striving towards its goal to preserve the remaining untouched acreage in the Pipes Cove target area from the threat of future development. I commend Randy Parsons for his continuing effort to pursue this end. Thanking you, I am, Melissa Spiro Land Preservation Coordinator /md CC; Joshua Y. Horton, Southold Town Supervisor Randy Parsons, The Nature Conservancy ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southo]dtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 770 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 19, 2004: WHEREAS, the Peconic Estuary, situated between the North and South Fork's of eastern Long Island, New York, consists of more than 100 distinct bays, harbors, embayments and tributaries within the Towns of Bmokhaven, Southampton, Riverhead, Southold, East Hampton and Shelter Island; and / WHEREAS, the Peconic Estuary was accepted into the United otates National Estuary Program in September of 1992; and / / WHEREAS, the Peconic Estuary Program (PEP) a partnership comprised of many stakeholders, including Federal, State, and local governments, not-for-profit organizations, and citizens advisory committees, completed a Comprehensive Conservation and Management Plan (CCMP) for the Peconic Estuary, which was adopted by the Committee, signed by New York Governor Pataki, and approved by the United States Environmental Protection Agency on November 15, 2001; and WHEREAS, one of the goals of the CCMP was the development of a Critical Lands Protection Strategy (CLPS) to identify and facilitate the protection of significant properties within the estuary watershed; and WHEREAS, the Critical Lands Protection Strategy (CLPS) process has been completed and the effort to protect high priority parcels is underway; and WItEREAS, The Nature Conservancy considers the Peconic Estuary to be one of its priority conservation sites on Long Island; and WHEREAS, The Nature Conservancy (TNC) has been an active participant in the Peconic Estuary Program and in the development and implementation of the Critical Lands Protection Strategy, including making investments of its own funds and staff time in protection projects and working, pursuant conservation services contracts, on behalf the Towns of East Hampton, Southampton, Southold and the County of Suffolk; and WltEREAS, as part of the Peconic Estuary Program's Critical Lands Protection Strategy, The Nature Conservancy and the Town of Southold are working together to protect some 400 acres of wetlands, uplands, beaches, ponds and creeks, and submerged lands at Pipe's Cove, including the Arshamomaque Wetlands system north of State Route 25; and WHEREAS, The Nature C/o/nservancy and the Town of Southold have applied for and been ! awarded a $1 million Cc,C§tal Wetlands Grant by the United States Fish and Wildlife Service ("FWS"), to come through the New York State Department of Environmental Conservation (NYSDEC), for the Town's acquisition of lands at Pipe's Cove; and WHEREAS, the United States Fish and Wildlife Service requires that its $1 million grant be matched by at least a $1.8 million local investment by the Town of Southold; and WHEREAS, The Nature Conservancy and the Town of Southold have negotiated the acquisition of a 47.31 acre property at Pipe's Cove known as the "Reese Parcel", for $2.25 million (SCTM 1000-45-5-5) and TNC and the Town would like to use the $1 million FWS Coastal Wetland Grant as part of this acquisition; and WHEREAS, TNC is willing to donate $500,000 to the Town of Southold, to be used to acquire the "Reese Parcel" (and to satisfy partially the Town's local match requirement for the FWS Coastal Wetland Grant) as part of a larger sustained partnership with the Town, which includes ongoing plam~ing, land acquisition, and land management; now, therefore, BE IT RESOLVED that the Town Board 0fthe Town of Southold, in accepting a $500~000 donation from the Nature Conservancy to be used toward the acquisition of the Reese Parcel or other Peconic Estuary land~ mutually agreed to by TNC and the Town~ hereby commits to and authorizes the Town's Land Preservation Department, in partnership with TNC~ to prepare a Pipe's Cove/Arshamomaque Park Plan as a blueprint for a unique and exemplary natural park area, and be it FURTHER RESOLVED thht said plan will include, but not be limited to, the following: 1) identification c~fparcels for acquisition; 2) a public/private funding strategy; 3) an acquisition implementation plan; 4) park improvement and management recommendations; all of which, the Town and The Nature Conservancy will work together to complete, and be it FURTHER RESOLVED that a copy of this Resolution shall be mailed by the Town Clerk to the following: 1) Melissa Spiro, Land Preservation Coordination, Town of Southold 2) Paul Rabinovitch, Director, Long Island Chapter, The Nature Conservancy 3) Randall Parsons, Conservation Finance and Policy Advisor, The Nature Conservancy 4) Jonathan Kaledin, Esq., New York Counsel, The Nature Conservancy Elizabeth A. Neville Southold Town Clerk G R A N T I N F O R M A T I O N New York State Comptroller's Office Payment Information Inquiry *** Remittance Information for ACH Trace# *** *** Effective Date of Deposit is January 18, 2006 *** Agency Code/Name: Reference/invoice No. ENVIR CONSERVATION Ref/Inv Date 12112/2005 518-402-9309 Invoice Amount 1,000,000.00 Total ACH Deposit Payment Amount Batch No. Voucher No. 1,000,000.00 1,000,000.00 Reference Invoice Number and Reference Invoice Date are entered by staff in the individual state agencies. This information may contain keying errom. For additional information about your payment, please call the telephone number for the agency listed above. [History of Payment_s] [Information On Other Pay~e~nt_s~ https://wwel.osc.state.ny.us/ach3/achPR.cfm MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hail 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 December 12, 2005 Invoice submitted to: New York State - Department of Environmental Conservation Building 40 SUNY Stony Brook, NY 11790 Re~ For: Contract No. C005692 Project Name: Pipe's Cove Coastal Wetlands US Fish & Wildlife Service $1,000,000 Coastal Wetlands Grant Agreement No. C - 4 - L - 1 Partial Reimbursement for purchase of open space known as the Reese Property (SCTM//1000-45-5-5) on July 12, 2005, by the Town of Southold. Said property is located at 70380 Main Road, Greenport, New York within the Pipe's Cove Coastal Wetlands area and purchased in accordance with the terms of contract no. C005692 Amount due to Town of Southold: Federal ID # Please submit payment to: $ 1,000,000.00 Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Attention: Melissa Spiro, Land Preservation Coordinator Thank you. I Pipes Cove Coastal Wetlands Grant Project Area T:GIS\Projects\Peconics\Coastal Wetland Grants\PipesCove-PotentialMapAdjustments100703.mxd 82/17/2005 13:26 5184732464 COASTAL RESOURCES PAGE 01/0i STATE {DF NEW YO~RK DEPAI:rFMENT OP' ~TATE 4 I STATE STREET ALBANY, NY I ~:~3 I -OOO Melissa Spiro Land Preservation Coordinator Department of Land Preservation Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro: Re: February 17, 2005 F-2005- 0128 (FA) U.S. Fish and Wildlife Scrvlce - Coastal Wetland Conservation Gram - acquisition of Reese Property (SCTM# 100045-5-5) 'Town of Southold Pipes Cove Town of Southold, Suffolk County General Concurrence - No Obieetion To Funding, The Department of Stare received the information you prov/ded regarding this ~mtter and has determined that the acquisition of coastal wetlands in the Pipes Cove ar*a meets the DeparlmCnt's general consistency concurrence criteria. Therefore, the Department of State has no objection to the use of U.S. Fish and Wildlife Service Coastal Wetland Conservation Grant funds for this activity. Ibis concurrence pertains only to federal financial assistance for this activity. When communicating with us regarding this matter, please contact ~ at ($18) 474-6000 and refer to our file number F-2005-0128 (FA). USFWS/Hadley, Mass. - Dan Leahy NYgDEC/Region l - Karen Chytalo ~rrely, Deputy Bureau Chief Division of Coastal Resources yEB 1 7 20O5 DEPT. OF LAND PRESERVATION 2005 17:33 In Reply Refer To: FWS/Region 5/MBSP-FA US FISH AND WILDLIFE 41J >'b~ b14~'( United States Department of the Interior FISH AND WILDLIFE SERVICE 300 Wes~gale Center Drive Hadley, MA 01035-9589 FA - New York C-4-L C-4-L-I Nancy Lustier, Director Management and Budget SERVICES Division of Fish, Wildlife & Marine Resources, NYSDEC 625 Broadway, 10th Floor Albany, New York 12233-5010 Dear Ms. Lussier: MAR 2 8 2005 DEPT. OF LAND PRESERVATION Enclosed is a copy of approved Application for Federal Assistance C-4-L and Federal Aid Grant Agreement C-4-L-1 titled, "Coastal Wetlands Conservation Grant - Peconic Est~a.,-y Pipe's Cove Acquisition" effective March 11, 2005. Them will be no reimbursement for costs (other than thc recognized pre-agrelanent costs) incurred prior to the effective date. This Crmnt Ag~ement has the following Special Grant Conditions. 1. The State of New York and the Town of Southold will identify in the deed, the Federal intcxest in the title of thc real property and will simultaneously record with the deed a Notice of Grant Agreement which further describes the purpose of the acquisilion and ouQines the t~ms and conditions of thc grant; 2. The State of New York and thc Town of $outhold will also record a Notice of Grant Agreement for the lands used as match in this grant. The State and Town will also instruct the Regiaxar of Deeds to make note in the margin of the original match land deeds referencing the Notice of Grant Agreement. Please note that the federal participation rate is 32.6%. Upon completion of single and multi-year grant agreements, a final Financial Stares P.~ort and performance report must be subm/tted within 90 days al%r the expiration date of the grant agreement. Please see Federal Aid Guidance for Reports dated May 02, 2003, for additional information. Sincerely, John F. Organ, Ph.D. Chief, Division of Federal Assistance Enclosure~ cc: Gerald Bamhan Michele June ELIZABETH A. NEVILLE TOV!tN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork~net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 390 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 21, 2005: WHEREAS, the Town of Southold, after thorough consideration has hereby determined that the signing of this Plan and Cost Sharing Agreement with the State of New York for the Acquisition of the Pipe's Cove Coastal Wetlands is desirable and in the public interest; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute a Plan and Cost Sharing Agreement with the State of New York in connection with the Acquisition of the Pipe's Cove Coastal Wetlands, all in accordance with the approval of the Town Attorney; and, be it further RESOLVED that a certified copy of this resolution be prepared and sent to the New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233 together with the executed Plan and Cost Sharing Agreement, and a copy sent to Heather Amster, Esq., NYS-DEC, Division of Land & Forestry, Region 1, Bureau of Real Property, Building 40, SUNY, Stony Brook, NY 11790. Elizabeth A. Neville Southold Town Clerk Contract No. C005692 PLAN AND COST-SHARING AGREEMENT FOR ACQUISITION OF COASTAL WETLANDS Project Name: Pipe's Cove Coastal Wetlands Cooperator: Town of Southold This AGREEMENT by and between the New York State Department of Environmemal Conservation, hereinafter referred to as "Department," with offices located at 625 Broadway, Albany, New York 12233 and the Town of Southold, hereinafter referred to as "Town," with offices located at 53095 Main Road, Southold, NY 11971. WITNESSETH: WHEREAS, Pipe's Cove, located in the Town of Southold, Suffolk County, New York is recognized as a Coastal Wetland of Critical Importance to the environmental health of the Peconic Estuary; and WHEREAS, the Department, the Town, the County of Suffolk (hereinafter "County"), and The Nature Conservancy (hereinafter "TNC") have undertaken a land preservation effort at Pipe's Cove which includes acquisition of certain critical properties, including the 47.31-acre Reese property (hereinafter "Property'); and WHEREAS, the Town has entered into a Contract of Sale to purchase the Property for $2,250,000, which Contract is attached hereto as SCHEDULE A: and WHEREAS, the Department has been awarded a $1,000,000 Coastal Wetlands Grant (hereinafter "Grant") from the U.S. Fish and Wildlife Service for purchase of the Property, and has entered into Grant Agreement Number C - 4 -L- 1, dated March 28, 2005, with U.S. Fish & Wildlife Service, attached hereto as SCHEDULE B; and WHEREAS, trader the terms of the Grant Agreement, the Town, County and TNC are matching the $1,000,0000 federal contribution with cash, land and in-kind services totaling $2,067,000, including $1,250,000 cash needed to complete the Reese acquisition; and WHEREAS, under the terms of the Grant Agreement, the Department is to subgrant the Grant to the Town, for purposes of completing the Reese acquisition: NOW, THEREFORE, in consideration of the promises and the mutual covenants and conditions contained in this Agreement, the Department and the Town agree as follows: 1. The Department will, subject to the availability of funds and upon transfer of the deed to the Town in recordable form, tender to the Town a State Treasury Check in the amount of $1,000,000. 2. The Town will cause the deed from Reese to the Town to include the following language: "The above-described property is acquired in part with funding received by the State of New York from Grant Agreement Number C - 4 - L - I dated March 28, 2005 between the U.S. Fish and Wildlife Service (Service) and the State of New York, Department of Enviromnental Conservation. All present and future use of this property are and shall remain subject to the terms and conditions described in the Notice of Grant Agreement, attached hereto as Schedule and recorded herewith, and to the other administrative requirements of the applicable grant funding program of the Service." 3. The Town will cause the deed from Reese to the Town to include as an exhibit a Notice of Grant Agreement, substantially in the form attached hereto and made a part hereof as SCHEDULE C; 2 4. Concurrently with recording of the deed to the Town, the Town will cause a Notice of Grant Agreement to be recorded against each of the properties being contributed by the Town and County as match under the Grant Agreement. The match properties are the Posillico Property, SCTM# 1000-53-1-7 and 1000-53-3-15.1, the Waldron Property, SCTM# 1000-53-2-5, and the Levin Property, SCTM# 1000- 45-1-9.1. The form of the Notice of Grant Agreement for the match properties is attached hereto and made a part hereof as SCHEDULE D. 5. The Town will ensure that the conveyance complies with all applicable state and federal laws including State Environmental Quality Review Act (SEQRA). 6. The Town covenants and agrees that the Property will be accessible to the general public, i n61uding all residents of the State of New York. 7. The Town will visibly and permanently recognize the Department and US Fish & Wildlife Service participation in the project on all site identification signs installed upon completion of the project. 8. The Department and Town will comply fully with 50 CFR Part 84 Department of the Interior Fish & Wildlife Service National Coastal Wetland Conservation Grant Program, with specific emphasis on 84.48 as it pertains to the procedures of acquiring, maintaining and disposing of real property. 9. The Town will comply fully with the terms and conditions of Appendices A and B. 10. After signatures are affixed hereto and upon approval by the Attorney General and the State Comptroller, this Agreement shall be binding upon the parties, their heirs, personal representatives, assigns and successors in interest. 11. Notwithstanding the foregoing, if the conveyance contemplated herein is not accomplished by December 31, 2005, this Agreement shall become null and void.. 1N WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto on the day and year appearing following their respective signatures. 4 SIGNATURE PAGE Contract Number: C005692 Agency Certification: "In addition to the acceptance of this Agreement, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." TO~VN SIGNATURE DD St~a-Y. Horto~, Supervisor TED: 6/30/05 DEPARTMENT SIGNATURE DATED: ATTORNEY GENERAL'S SIGNATURE COMPTROLLER'S SIGNATURE DATED: DATED: 5 By signature hereunder, the Town of Southold represents that it has the legal status necessary to enter into this contract and that the person signing is aut, horized to do so as evidenced by a resolution of its legislative body. X ' ;~.~h~ Y~H~'~ Authorized Representative: ' /aos ua . orion, Supervisor ~/3o/os Date Onthis 30th dayof June ~20 05 before me personally came Joshua Y. Horton to me known who being duly sworn did depose and say thatm&e is the Supervisor (list title) of the Town of Southold the political subdivision of agency there of described in and which executed the within instrument; that s/he knows the seal of said political subdivision; that the seal affixed to said instrument is such seal; that it was so affixed by order resolution or authority of the Southold lown Board .(attached certified copy of order resolution or the ordinance authorizing execution of this contract) of said political subdivision, and that ~qhe signed his/her name by that authority. MI~LANIE DOROSKI NOTARY PUBLIC, State of No, 0~D04634870 Oualified in Su~olk County ,.~ ..-,.~ t Commission Expires September 6 SCHEDULE B Grant Agreement UNITED STATES ~ "~-//- Z DEP~T~NT OF THE ~TERIOR (~e~) e~ No.: Fi,h ~d Wildlife Servie, R~I Division of F~d~ral Aid ~- ~reemen ~ .... ~ To 1~1~ ~ Coa~al Wetlands Conse~afion rant- Pec~i~ Est ~'~ Cove A~u~ ' ~" '~ -'~ : O~ P/irate % 3~e % Federal % T°~I D~: Thi~ Pa~ Shem Share C~t SDo~ Fish R~om~n A~ 0.0% 0.0% ( Wi~li~ Re,rotarian A~t 0,0% 0.0~ (s~):~~ 2,~7,~-00 61.4% 0.0% 1,00~,0~00 32.6% M~ of C~ Pro,ram ~,ncome', Addi~ve _~ Deductive F~ash~e~:_~.% Marine'. ~ecm~ of I~ Interior ~nlsi~ in ~e C~e of F~eral RegulaUon~, and the previously approved Grant Pm~sal to the extent en~m~sed By this Agreement. ~A~ (Name sad Addreas}: Ms, Nan~ L~er, Dire~or of Management ar~ Buret N~ Y~ S~e De~e~ of Environmen~l Conse~ation 625 N~y, New Y~k 122~3-5( 21 1~ Title: Dire~or, Mgmt and BudO~ Settees SEE A~ HED ~,'""~'~: ,~~~_ *~ ~ ce ~ ~.i ~"'~,,,, .2....... OTHER GRAI~T, PROVj~$1ON$: NY C.4-L & C-4-L-I Effective: March 11, 2005. There will be no reimbursement for costs (other than the recognized pr~- agroemmt costs) ~ prior to4h. effective dat~. Pending clarification of policy on level of cost accoanting, the required level of cost accounting for tlfis grant agreement will be at the grant agreement level. SPECIAL GR,¢II CO ,I~I)ITIONS 1, The State of New Y~rk and the Town of Southold w/Il identify in the deed, the Federal interest in the title of thc real property and will simultaneously record with the deed a Notice of Grant Agrccrac~t wtdch luther describes the purpose of thc acqu/sltion and outlines thg term~/md conditions of the grant; 2. The State of New York and the Town of Southold will also ~ecord a Notice of Grm~t Agreement for the land~ used as match in this grant. The State and To~n wili ~1~ insmct ~' ''~ Registrar of De~s to make note in the margin of the original match land deeds referencing the Notice of Grant Agree~nent. ~ ,:, SCHEDULE C Notice of Grant Agreement - Acquisition Parcel The State of New York, Department of Environmental Conservation, and its successors and assigns (hereinafter "Department") and the Town of Southold and its successors and assigns (hereinafter "Town") acknowledges that the above described property is acquired in part with federal funds received from the National Coastal Wetlands Grant Program administered by U.S. Fish and Wildlife Service, Division of Federal Assistance, its successors and assigns (hereinafter SERVICE) and that the property described is subject to all the terms and conditions of Grant Agreement Number C - 4 - L -1 (hereinafter Grant Agreement) between the Service and the Department. A copy of the Grant Agreement is kept on file at the offices of the Service, 300 Westgate Center Drive, Hadley, MA 01035-9589 and at the offices of the Department, 625 Broadway, Albany, New York 12233-5010. The Department and Town acknowledges that the real property, which is the subject of this Grant Agreement, is acquired for the approved purpose of long-term conservation of coastal wetland ecosystems, thereby preserving and protecting in perpetuity these multiple, interrelated land features which are critical to coastal fish, wildlife and their habitats. The Department and Town further acknowledges that the property will be administered for the long-term conservation of said lands and waters and the hydrology, water quality and fish and wildlife dependent thereon. The Department, as the Grant Recipient, and the Town as Subgrantee hereby acknowledges that it is responsible for exercising sufficient control over the property to ensure that the property is used and will continue to be Used for the approved purposes for which it is acquired and that the property may not be conveyed or encumbered, in whole or in part, to any other party or for any other use, whatsoever, without the written consent of the Regional Director of the U.S. Fish and Wildlife Service. If the Town loses control of the property, control must be fully restored to the Town or the property must be replaced, within three years, with like property of equal value at current market prices and equal benefits. Further, if the property is' used for activities which interfere with accomplishment of approved purposes, the violating activities must cease and any resulting adverse effects must be remedied. If the Department and the Town determines the property is no longer needed or useful for its original purpose and the Service concurs, the Town, may with the prior consent of the Service:, either (1) acquire title to another parcel of real property of equal value that serves the same approved purpose as the original property and to manage the newly acquired real property for same purposes specified in the original Grant Agreement, or (2) repay the Service, i.n cash, the proportionate federal share of funds invested in the original purchase price, or to repay the Service, in cash, the proportionate federal share of the current fair market value of the property, or any portion thereof, whichever is higher, or (3) as a last resort, transfer the subject property to the Service or to a third- party designated or approved by the Service. The Department, as Grant Recipient, and the Town as Subgrantee hereby confirms its obligations and responsibilities ~vith regards to the acquired property pursuant to terms and conditions associated with Grant Agreement C - 4 - L - 1. G R A N T A G R E E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Number of Pages: 6 Receipt Number : 05-0085851 District: .000 Recorded: At: 08/17/2005 10:53:45 AM LIBER: D00012404 PAGE: 234 Section: Block: Lot: 045.00 05.00 005.000 EXAMINED AND CHARGED AS FOLLOWS =eived the Following Fees For Above Instrument Exempt Exempt Page/Filing $18.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO Affidavit $0.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert. Copies $10.00 NO RPT $30.00 NO SCTM $0.00 NO Fees Paid $83.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County SEP 12 2005 DEPT. OF LAND PRESERVATION Number of pages Serial # TORRENS Certificate # Prior Cfi. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp RECORDED 3 I Page / Filing Fee Handling $, O0 · TP-584 Notation · EA-5217 (County) Sub Total EA-5217 (state) R.P.T.S.A. Comm. of Ed. 5. 00 Affidavit __ (~c~.~ed cop~ 4c Reg. Copy S.b Total Other Real 1000 04500 0500 005000 Property Tax Service Agency Verification 61 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: LISA CLARE KOMBRINK, ESQ. 235 Hampton Road Southampton, New York 11968 81 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax !. Additional Tax inb Total Spec. / Assit. or Spec. / Add. TOT. IvlTG TAX Dual Town Dual County Held for Appoinhnetu Transfer Tax vlansion Tax ['he property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO __ If NO, see appropriate tax clause on page ~__ of this instrument. 5 Community Preservation Fund 2omidemtion Amount $. CPF Tax Due $. Impmved __ Vacant Land -- 71 Title Company Information Co. Name COMMONWEALTH Title # RH 05302623 Suffolk County Recording,& Endorsement Page This page forms part of the a~acbed NO~ 0'~' Oran}-c~a/eeme~ madeby: (SP~.CII~ TYPE OF INSTI~UMENT) ' TO The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of SOUTHOLD In the VILLAGE or HAMLET of BOXES 6 THROUGH 8 MUST BE TYPED OR pRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING (over) Notice of Grant Agreement The State of New York, Department of Environmental Conservation, .and its successors and assigns (hereinafter DEPARTMENT) and the Town of Southold ,~n~t~s successors and assigns (hereinafter TOWN) acknowledge that the above described property is acquired in part with federal funds received from the National Coastal Wetlands Grant Program administered by U.S. Fish and Wildlife Service, Division of Federal Assistance, its successors and assigns (hereinafter SERVICE) and that the property described is subject to all the terms and conditions of Grant Agreement Number C - 4 - L -1 (hereinafter Grant Agreement) between the Service and the Department. A copy of the Grant Agreement is kept on file at the offices of the Service, 300 Westgate Center Drive, Hadley, MA 01035- 9589 and at the offices of the Department, 625 Broadway, Albany, New York 12233-5010. The Department and Town acknowledge that the real prop~rt~',r~i~t~ ~s~e subject of this Grant Agreement, is acquired for the approved purpose of long-term conservation of coastal wetland ecosystems, thereby preserving and protecting in perpetuity these multiple, interrelated land features which are critical to coastal fish, wildlife and their habitats. The Department and Town further acknowledge that the property will be administered for the long-term conservation of said lands and waters and the hydrology, water quality and fish and wildlife dependent thereon. The Department, as the Grant Recipient, and the Town as Sub-grantee, hereby acknowledge that they are responsible for exercising sufficient control over the property to ensure that the property is used and will continue to be used for the approved purposes for which it is acquired and that the property may not be conveyed or encumbered, in whole or in part, to any other party or for any other use, whatsoever, without the written consent of the Regional Director of the U.S. Fish and Wildlife Service. If the Town loses control of the property, control must be fully restored to the Town or the property must be replaced, within three years, with like property of equal value at current market prices and equal benefits. Further, if the property is used for activities that interfere with accomplishment of approved purposes, the violating activities must cease and any resulting adverse effects must be remedied. If the Department and the Town determine the property is no longer needed or useful for its original purpose and the Service concurs, the Town, may with the prior consent of the Service: either (1) acquire title to another parcel of real property of equal value that serves the same approved purpose as the original property and to manage the newly acquired real property for same purposes specified in the original Grant Agreement, or (2) repay the Service, in cash, the proportionate federal share of funds invested in the original purchase price, or to repay the Service, in cash, the proportionate federal share of the current fair market value of the property, or any portion thereof, whichever is hi~her, or (3) as a last resort, transfer the subject property to the Service or to a third-party designated or approved by the Service. The Department, as Grant Recipient, and the Town as Sub-grantee hereby confirm their obligations and responsibilities with regards to the acquired property pursuant to terms and conditions associated with Grant Agreement C - 4 - L - 1. IN WITNESS WHEREOF, the People of the State of New York, by their Commissioner ofEnvironmental Conservation, has set its hand and seal this '~'~¢ dayof I ,200s. STATE OF NEW YORK ) ) SS.: COUNTY OF ALBANY ) of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. DIANE L. PALMER Qualified in Rensselaer CounW ^t Commission Expires January 21, 20 ..~ Notary Public, State of New York of IN WITNESS WHEREOF, the Town of Southold, has set its hand and seal this 30 thtay June ., 2005. / ~: JoShua Y. Horton ~ ~ s: Supervisor, Town of Southold STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On this30th day of June Joshua Y, Horton did say personally and under his authority as Southold Town Supervisor free act and deed and the free act and deed of the Town of Southold. Notary Public (~J- My Commission Expires: 9/:~0 } 0 6 ,2005, before me personally appeared , to me personally known, who, being by me duly sworn, , that this is his STATE OF NEW YORK, COUNTY OF SUFFOLK) ss.: MELANIE DOROSKI NOTARY PUBLIC, State of New York No. 01D04634870 Qualified in Suffolk County .... t Commission Expires September On the 30th day of June, in the year 2005 before me, the undersigned, personally appeared JOSHUA Y. HORTON personally known to me or proved to me on the basis of satisfactory evidence to be the in '6widual(s) whose name(s) is (are) subscribed to the within instrument and ackaowledged to me that he/she/tbey executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the insmnnenl, the ~dividual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary l~ba~lic MELANIE DOROSKI NOTARY PUBLIC, State of New York No. 01D04634570 Q~lifi~d in Suffolk Count, Commission Expire~ September 30, 200~ Title No: RH05302623 SCHEDULE A -'DESCRI'PTZON AMENDED 07/05/05 ALL that certain plot, piece or parcel of land, situate, lying agd being at Greenport, in the Town of Southold, County Of Suffolk and State of New York, and more particularly bounded and described as follows: BEGINNING ara railroad monument set On the northerly sidf~ of the Long island Railroad Company, said monument being where the westerly line of land herein described, and the easterly line of land now or formerly of Herman Sill intersects said northerly side of the Long Island Railroad Company; RUNNING THENCE northerly and westerly along land now or formerly of Herman Sill the following four (4) courses and distances: 1. North :1.~. degrees 03 minutes 20 seconds East, 755.8:1. feet to a monument; 2. South 50 degrees 42 minutes 30 seconds West, 992.08'feet to a point; 3. South 40 degrees ll minutes 30 seconds West, 40.63 feet to a monument; ' ' 4. North 47 degrees 20 minutes 50 seconds West, 334.02 feet to a point and land now or formerly of Beliz and others; THENCE North 38 degrees 58 minutes 50 seconds West, along said last mentioned land 291.11 feet to a monument in the s0t~therly of Hain (State) Road; THENCE easterly along the southerly side of Hain (State) Road the following three (3) courses and distances: 1. North 54 degrees 25 minutes 10 seconds East, 455.95 feet to a point of curve; 2. Along the arc of said curve bearing to the right having a radius of 2809.79 feet a distance of 1176.36 feet to a point; 3. North 78 degrees 24 minutes 20 seconds East, 16~7.38 feet to a monument and land now or formerly of 3urzenla; THENCE South 6 degrees 26 minutes 30 sec~onds East along last mentioned land 512.62 feet to a monument and the northerly side of Long island Railroad Company; THENCE westerly and southerly along the northerly side of Long island Railroad Company the following six (6) courses and distances: Along the arc of a curve bearing to the left having a radius of 2898.0 feet, a distance of 1290.27 feet; 2. 3, 4. 5. 6. South 54 degrees 40 minutes 10 seconds West, 405.26 feet to a point; South 35 degrees 19 minutes 50 seconds East, 16.50 feet to a point; South 54 degrees 40 minutes '10 seconds West, 250.56 feet to a point; North 20 deg tees 27 minutes 50 seconds West, 13.96 feet to a point; South 54 degrees 40.minutes l0 seconds West, 371.05 feet to the Railroad monument first above mentioned at the point or place of BEGINNING. Certificate of ~tle P R 0 P E R T Y R E C 0 R D S REESE, REESE and REESE McCULLOCH to TOWN OF SOUTHOLD SCTM #1000-45-5-5 Open Space Acquisition - 47.31 acres Premises: 70380 Main Road,Greenport Closing held: Tuesday, July 12, 2005 Closing Photo: (from left to right) Randy Parsons - The Nature Conservancy Martin H. Sidor - Southold Town Deputy Supervisor Harold Reese, Jr. - Seller Melissa Spiro - Land Preservation Coordinator 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 To: From: Date: Re: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Randy Parsons, The Nature Conservancy Suffolk County Division of Real Estate Melissa Spiro, Land Preservation Coordinator July 12, 2005 REESE, REESE & REESE McCULLOCH to TOWN OF SOUTHOLD SCTM #1000-45-5-5 (Open Space Acquisition) Please be advised that the Town has acquired the open space properly listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 70380 Main Road, Greenport PROPERTY OWNERS: Harold Reese, Jr., Ronald Reese & Christine Reese McCulloch PURCHASE DATE: Closing took place July 12, 2005 PURCHASEPRICE: $2,250,000.00 per contract (this purchase was not based on a per acre figure) OPEN SPACE ACREAGE: 47.31 acres FUNDING: CPF 2% Land Bank (It is expected that the Town will receive a reimbursement of $1,000,000 from a coastal wetlands grant from the US Fish & Wildlife Service to come through the NYS Dept. of Energy and Conservation, and a $500,000 donation to the Town of Southold for this acquisition from The Nature Conservancy.) MISCELLANEOUS: This parcel is located within the Pipes Cove area. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (63 Ii 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 July 12,2005 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 #1000'45.'5'5 Dear George: Please be advised that the Town of Southold has purchased this date the property identified as SCTM #1000-45.-5-5 located at 70380 Main Road in Greenport for open space purposes. The property was formerly owned by Harold Reese, Jr. and others, and further identified on your bill #5069. All future real property tax bills should be forwarded directly to the Town of Southold Accounting Department for payment, at 53095 Route 25, P.O. Box 1179, Southold, NY 11971'0959, until such time as the property is declared exempt by the Town Assessors. Very tr~uly you,rs, ~ Melissa Spiro Land Preservation Coordinator /md cc: Southold Town Assessors File ¥ie,~w Toolbar Help 4 3 tO.4 2 4 NOTICE COUNTY OF SUFFOLK (~) Tox Se'vice A~)flcy SOUTHOLD s~cT~ou ~ 045 P R E S S R E L E A S E S 18 · The Suffolk Times · December 22 and 29, 2005 A big buy in Pipes Cove $2.25 million deal protects targeted lands By Tim Kelly GREENPORT--As real estate devel- opers whose projects include the Harbor l,ights and Southold Shores residential communities in Southold. thc Reese family knows a good deal when it sees one. Over the smmncr the Reeses pm'ted x~ith a 4%acre property that includes 3,000 feet of fl-ontage along Route 25 across f~-om Skipper Horton park on Grecnporfs out skirts. Nottaing will ever bc built upon ~md lh¢ Reeses couldn't be in what [s to date the ~a~'gcs~ ~ndividuai p~cscrvation purchase made within th~ Pipes ('ore area. one of thc last !ar? mrbcd marshlands in the Peconic Ba maW complex, the Recse family accepted a $2.25 million offeF from a consortium in- cluding the federal, state, county and town governments and'I~e Nature Conservancy. ~e family controlled the acreage for about 30 years, said Harold Reese Jr. of Rockville Centre, who owned it with two siblings. ~e purchase, which was an- nounced during a press conference at the Seabod Barge on Friday, succeeded in meeting the famity*s business needs, said See Big buy, page 41 Harold Reese Jr. points out the Greenport property his family sold for preservation. Suffolk TiP-,es phoi~; ~ ~ Big buy... ~.--From page 18 Mr. Reese. Looking at the environmen- tal protection angle, he added that was the righl thing to do."A landlocked property between Main Road and the LIRR tracks that's about one4hird wetlands, the Reese property lies in the center of what officials and envi- ronmentalists hope will be a greenbelt extending from the bay to the edge of the Sound shore. It's just south of the Arshamomaque wetlands and Moores Woods, both previously protected, and lies just north of a 229-acre shorefront zone targeted for preservation. "This is an area that is of exception- al beaut)', exceptional environmental quality and faces exceptk)nal threats." said Nancy Kelley of East ]Hampton, The Nature Conservancy's executive director for Long Island. "We've got to move quickly." The Nature Conservaucy provided $500,000 toward the purchase price. Another $1 million will come l¥om a national coastal wetlands grant pr(Md- cd by the LJ.S. Fish and Wildlife Service, channeled through thc slale Depart ment of EnvironmenlaI Conscrwdion. The town spent $750,00(I ['rom its com- munity preservation fund. Thc county also was in on the deal. "I haven't gotten the check vet," Supervisor Josh ltorton quipped dur- ing the press conference. "I'1t grab that from you on the way out." He said thc public-private partnership "did a great thing" in protecting a property consid- ered a key part of the Pipes Cove pro- tection effort. During a photo op, Mr. Reese and the officials slurped down oysters har- vested fi'om Pipes Cove. ~ll~c Reese purchase has been in the wo~ks for 5 1/2 years."Thc rcs~tlts speak for themselves," said Peter Scully, DEC regional director. "This is government looking to the future," said Michael 13cering, Suffolk County's director of environmental affairsJ "This is the legacy we should have." The Independent Partnership = Preservation Home Run By Lisa Finn An integral piece in the North Fork preservation puzzle was put into place for posterity last week. Last Friday, The Nature Conservancy held an event at The Seafood Barge in Southold to announce that, along with its partners at the U.S. Fish and Wildlife Service, the New York State Department of Environmental Conservation, Suffolk County, and Southold Town, it has successfully secured a keystone tract of 47 acres for preservation in nearby Pipes Cove - a "jewel" of the Peconic Estuary, according to Nancy Kelley, executive director of The Nature Conservancy on Long Island. "This parcel is part of Southold's last untouched wetlands," said Kelley. The preservation of the Pipes Cove parcel, said Kelley, is part of the larger effort to protect 600 acres on the North Fork. The project, she added, will link hundreds of acres of already protected open space at Arshamonaque Wetlands and Moore's woods, resulting in a greenway for recreation from Pipes Cove to the Long Island Sound. The 47-acre property, purchased from the Reese family, who has owned the site since the 1960s, is the largest undeveloped area left at Pipes Cove. The preservation home run, said Kelley, has great environmental significance to the Peconic Estuary and, said Southold Town Supervisor Josh Horton, carries great weight in maintaining the fragile balance of the area's ecosystem. Preservation of the area is critical to protecting water quality in the Peconic Estuary and ensuring the protection of maritime forest and habitat for migratory songbirds, as well as endangered and threatened species such as the osprey and piping plover. The preservation score was the result, said Kelley, of a winning partnership on federal, county, state, and town levels. "Good things come to those who wait," she said. "Together, we can make things happen." A $1 million National Coastal Wetlands grant, said Marvin Moriarty, northeast regional director of the U.S. Fish and Wildlife Service, was the first million-dollar grant competitively awarded by the agency for the acquisition of wetlands on Long Island. After the Nature Conservancy agreed to partner with Southold for the acquisition of the 47.31 acre property at Pipe's Cove in Greenport for $2.25 million, the town board passed a resolution earlier this year to use the $1 million grant awarded by the U.S. Fish and Wildlife Service as part of the acquisition, with the Nature Conservancy agreeing to donate $500,000 to the town to be used toward the acquisition. The FWS required that its $1 million grant be matched by at least a $1.8 million investment by the town. The goal was for the town's land preservation committee to partner with the TNC in preparing a Pipe's Cove/Arshamomaque Park Plan as a blueprint for a park area. The plan would include a public/private funding strategy, an acquisition implementation plan, and park improvement and management recommendations. Included in the joint discussion were a number of issues. Councilman Dan Ross, for instance, raised some questions about the difficulties involved in getting a clear title in underwater land. The next step, said Kelley, is that The Nature Conservancy will work with Southold Town on a long-term management plan for the property. "Acquisition is just the first step," she said. Horton said it was gratifying that during one of his last press conferences on .his way out of office - the supervisor ends his term on December 31 he was able to witness the fruits of what has been the result over five years of collaborative efforts. The project, said Horton, struck close to home, pointing to the map of the Pipe's Cove parcel. "I grew up in a house right there," he said, adding that such preservation efforts are crucial to protecting the quality of life and environment in Southold. Horton also thanked Congressman Tim Bishop, who was not present, and Melissa Spiro, Southold town land preservation coordinator, for their hard work, and the Reese family, for facilitating the sale of the parcel. TheNature C nservancy SAVING THE LAST GREAT PLACES ON EARTH News Release For Immediate Release Contact: Kara Grobert, kgrobert~tnc.org Office: 631-329-7689 x 20 Cell: 631-662-2248 THE NATURE CONSERVANCY PARTNERS WITH FEDS, NYS, SUFFOLK COUNTY & SOUTHOLD TOWN TO PRESERVE KEYSTONE TRACT IN PIPES COVE, GREENPORT Scenic Watershed, Keystone Site Protected in one of Region's Last Untouched Wetlands East Hampton, NY December 16, 2005 -The Nature Conservancy announced today that along with its partners at the federal U.S. Fish & Wildlife Service, the New York State Department of Environmental Conservation (DEC), Suffolk County and Southold Town, a keystone tract of 47 acres - part of Southold's last untouched wetlands - is preserved in Pipes Cove, Greenport. The preservation of this site is part of the larger effort to protect 600 acres on the North Fork. The project will link hundreds of acres of already protected open space at Arshamonaque Wetlands and Moore's Woods, resulting in a unique greenway for passive recreation from Pipes Cove to Long Island Sound. The property was pumhased from the Reese Family who owned the site since the 1960's. It is the largest undeveloped property left at Pipes Cove. Preservation of this area is also critical to protecting water quality in the Peconic Estuary and ensures the protection of maritime forest and habitat for migratory songbirds, as well as endangered and threatened species like the Osprey and Piping plover. "This acquisition is just one of many tracts that we are working to protect in Pipes Cove, one of the jewels of the Peconic Estuary. Along with our partners, we have set a goal of preserving nearly 600 acres of exceptional wildlife habitat in this region," said Nancy Kelley, Executive Director of The Nature Conservancy on Long Island. "The U.S. Fish and Wildlife Service is proud to be a partner in this collective effort to protect lands that provide important habitat for wildlife as well as conserve natural resources in the Peconic Bay estuary," said Marvin Moriarty, northeast regional director for the Service. "The National Coastal Wetlands Grant awarded to this project is the first $1 million grant competitively awarded by the agency for the acquisition of wetlands on Long Island." New York State Department of Environmental Conservation (DEC) Commissioner Denise M. Sheehan said, "Governor George Pataki is committed to helping Long Island municipalities and community organizations conserve precious open space. The State DEC is a proud partner in the preservation of Pipes Cove and the ecologically important wetlands habitat that will be protected." Pipes Cove/2 "Preservation of environmentally significant land requires all levels of government to work quickly and cooperatively," said Suffolk County Executive Steve Levy. "Partnering on acquisitions like this makes more resources available for other significant purchases. We are proud of the tremendous progress being made here in Suffolk County in preserving open space and farmland, and we are equally proud to be partnering with the U.S. Fish and Wildlife Service, the NYS Department of Environmental Conservation, the Town of Southold and The Nature Conservancy to protect this significant wetland complex that feeds into Peconic Bay." "We have worked long and hard on preserving this one-of-a-kind estuary in Greenport. This is a landmark acquisition and while our work is not done, this parmership will accomplish our end goal of preserving forever Pipes Cove in its entirety," said Josh Horton, Southold Town Supervisor. The County and Town each provided a 50% undivided interest in the "Levin" property to be utilized as a match for the $1 million awarded to the State DEC by the U.S. Fish and Wildlife Service to enable the purchase of the Reese property. The County is currently under contract for a 3.7 acre parcel in the Pipes Cove region which brings the total to close to 60 protected acres. The Town of Southold contributed $750,000, in addition to other land matches, towards the Reese acquisition. The Nature Conservancy committed $500,000 to this project, which is intended to be met by the Wildlife Forever Fund. The Nature Conservancy is a leading international, nonprofit organization that preserves plants, animals and natural communities representing the diversity of life on Earth by protecting the lands and waters they need to survive. To date, the Conservancy and its more than one million members have protected more than 14 million acres in the United States and have helped preserve more than 83 million acres in Latin America, the Caribbean, Asia and the Pacific. On Long Island, The Nature Conservancy has helped to preserve more than 100,000 acres. Visit us on the web at nature.org/longisland. To customers were waiting in line ahead of Randy Parsons on his rst visit to Reese Dodge in Lindenhurst, Long Island. Parsons, a onservation Finance and Policy Adviser for The Nature Conservancy on iLong island, figured he'd have to wait at least another half an hour before the owner, Harold Reese, would be ready to see him. Parsons was nonetheless optimistic [le t-elf the comnmnication gap with Reeqe had narrowed with each t~f ~bci~ telephone conversations lie Olt confident that ~oda} was the d% he and his very pregnant colleague, Card Cullen, would walk out with a deal But purchasing a Dodge chicle was ~12xere's a helicopter rqe astrq~ ag oqC~ e ~ a ~d Pa'st ns' mind. . . swooping down axd Rind5 rook q cq o ~ s ce phone His thinkifs tr in to chase brow ft rrowcd, qo ]1 ct q ag was~ wro lg. T ~e n e away'. (~ot Id it be that vocco~t~eotae'e~dwas miffed anxious lstra}edinrothewrono re ertv;"she and he could hear thc loud, regular thump, aske&~'Stay put and don't leave thump, thump of.a helicopter? "l thit~k woods," Parsons shot back before hanging I'm in trouble," said the voice on the other up. A f~w' qmck calls confirmed what end lr was Aissa Feldnlan, :ul ecologist with New '~brk's Natural Iqeritagc Program Feldman had been conducting an inventory of the plants and animals of Pipes t~ove, a quiet little spot coYering 23o acres outside the ~bwn of Southold on Iong Island's Nortln Fork (sec map) The Somhotd had designated Pipes Cove a high priority relatively undeveloped land scape and high diversity of plants, fish. birds and other wildlife, and had asked the 1 lcritage l'rogram to carry out a complete inventory of the habitat TI~e shared vision x~;is to comb/ne the Pipes Cove propel'tv with the existing 327 acres of open space owned by the Village of Greenport, thc 'Ibwn of Southold, and Suffolk Count? to create a preserve that would stretch from tine Peconic Ba}'s north shore to tine border of Long Island Sound Aissa Feldman explained her predicament to Parsons '~l 'm hiding in the woods Parsons 4uspected 'Ibc helicopter belonged to Suffolk County's Department of' Public no one was out to get hot and that she should continue xxith [ncr task Just as he hung up the phone, } Iarold Reese walked up to greet him Re, ese and two siblings owned a key 47 acre tract in the heart of Pipes Cove Without the efl-ective protection of that tract the largest tmdeveloped prop erty left in Pipes Cove The Nature Conservanc} the qbwn of Southold, the Nexx 'lk)rk State Department of Environmental Conservation (NYS DEC). Suf-ft~Ik CounU, and the US. Fish & \Vildlife Service could kiss goodbye their dream of creating a forever protected, public wetlands preserve Without the Rcese propert}~ there would be no preserve and 1 Iamld Reese knew it , THERE WOULD BE NO PRESERVE AND HAROLD REESE KNEW IT [][ow four government entities came to be involved in the Pipes Cove v~rett~md Proiect is astmT of its own. Short~, after -lhe Nature Conservanoy. the State, and the Town of Southotd ~dendfied Pipes Cove as a high prlori~' area. the Conservancy submitted a S~ million Coastal XYk~tland grant application to the U.S Fish & Wildlife Service (USFWS) in order m begh~ purchasing the most importm~t pieces of the Mte ~e USI?XVS ~'~as so impressed hv the New ~)rk Natural Heritage Progran~s assessment of the biodiversi1~ t~xmd m Pipes Cove that it quicki} moved to issue the grant But there were a few holdups 7he grant required a state sponsor, so the NYS Department of Environmental Conservation stepped in to fill that rote 'H~e grant conditkms also required a local match of land acquisition ~Vhile the -Ibwn of Southotd stood ready m contribute ~ts own funds and lands alread) purchased, more local lmtd matching was needed, Sut¥olk County agreed m meet this need. In the end. 7bwn Co~nc!!~, the Com-~, Legislature, the DECJs Regional Director and thc area Congressman all pitched in to get the grant approwd. 'D~e process *vas well into its third vent when Parsons came c~ling on Harold Reese ~I~e region's growing population and the splmling increase in the rote ofdevet opment in the last five years had been a boon for longtime landowners on Long Island looking to sell off property and owned the property since the ~96os mci 1 larold Reese, who couldn't afford to donate the land, was determined not to be rushed into a decision about the future of his family's 47 acres in Pipes CoYe With property values skyrocketing pmctically by the hour, Parsons knew that locking in a fab' market price ~¥r the property' now was a priorit~ But Rcese, who had to satist},, the interests of his brother and sister as well as his own, ~vould not yet agree to the terms proposed by' the Conservancy; Parsons and Cutten drove home that day' wondering if they could ever make this deal happen It would be several months before P.c.c, se and the Conservancy i:inally settled on a price and Parsons was able to breathe a sigh of relie£ 'lhis major piece of the Pipes Cove puzzle bad finally Gllen into place OBE SIZE DO~S ~OT FIT ALL '~t~e negotbtions wkh I larold Reese, the belicopter scare, arid the navigation of multiple levels of gow'rnmenr are ~usr a few examples of the man) challenges faced by Conservancy staff-as they work with public agencies and private individuals to conserve our collective land, ~arer, and air Across New York 5txe. the Conservancy's ability to mobilize funds rapidly and close deals quicld)make it an attractive parmer for local, state and fuderal entities, which ofte~ can't move as quickly as the Conservanc}( '~The Nature Co~servancy's role in Pipes Cove ranged fi'om grant writing, administration, natural science research and inventory coordination, land use attd appraisal consultants, negotiators, legal review. ~cilitators and coordhmtors betxvecn ibur levels of government, and private ~mdrais ers," says Parsons. T3~e Pipes Cove negotiations came close to collapsing several times, in one instance, the Conservancy had to contribute CRANEFLY ORCHID 'll~e cranet:ly orchid, a relatively innocuous pbmt, is easy to spot due to its single, purple backed lea~ ~xbich appears in the ~[l In the spm~g, the leaf dies back and a single, fl'uiting stalk emerges -fl~is orchid's only knoxxn population in Nexx York is witbin the Pipes Cove x~xershed SEASIDE GERARDIA Seaside g¢,l:al:dia, one of eight rare plants discovered in the Pipes Cove area, can be identified by its tbick, stlcculent leaves, small, purplish pink flowers, and tolerance £or salt water To date, the seaside gerardia population in Pipes Cove is olle of the largest known in New h5~rk $$oo,ooo in bridging funds when the gap betx%een the seller and awHlahle public funds became insurmountable /t was the Fown of Southold that originally hired The Natm'e Conservancy to act as a (acilitator on the Pipes Cove project ~'[t did its job very well," sa>s Melissa Spire, Southoki's [ands Prese~wation Coordinator Everywhere the Conse~wancy works, each land transaction is dif(erent, which is why the group's collaboration with difl}-rent levels of government can vary dramatically across the state (see our next story) Regardless of the location and nature of thc project, local, state and federal agencies are &equcntty major Parsons sa}s conservation projects involving man) partners can sometimes be painstaking and tcngth}: But he points to the Natural I [edtage Program's ecological assessme~t Pipes Cove as a good reason to persevere It reads: These communities mtkge fJ'om coastal old hickowforests with seasonally flooded, ve~*nal pool inc~trsi~ns to floristicalI3, dh,erse fi~h salt marshes The entirt, p~vper? is exceprional_~br &e North Fork ~-Lon2~ Island: it is relatiwb, undeveloped: it contains a h~h diwniU ~t'species, includin$ eight rare pianos; and it does not appear to haw a s~n~cant popzdation of exon'c, /m,asfve pecies The a~'ea also supports a wide array qfianm~a~ pecies &at garner public interes~ These inclttde box turtles, nesrin~ red ailed hawt~, ospre?s, jreat ~rets, $ree~ hero,as, and so,iraD, sandpipers (.~ This is one q/-the~/}w remait~irLg opportunities to cremate such a greemva)' on the North f'orl~ The prq/ect area, ~ncludin$ the t~igh salt marsh, its assocat~'d ~'~' specie's, ~nd the surnmndi~2 PURSH SEA P~NK '[t~e pursh sea pink, commonly known ~s th<' rose of Plymouth, is a tough little plant that can be found growing i~ rough habitats where other plants cannot stroh as salt or b~-ackish marshes. The sea pink is rare in New Yod< and New England its principal threat is invasive species like Ph?'agl?~i~es australis (common reed) Gtassx\orts are succulent, fleshy plants ~ith opposi[e leaves and jointed stems that are found in saline environments '1t~e leaves are very small and scale like, and the l'lowe~'s ai'e tiny and are sm~ken rote the stem One of the main threats to the dwarf glasswort's pop~dati~m is habitat loss A E R I A L S S U R V E Y SURVEY OF PROPERTY SITUATE: GREENPORT TOWN: SOUTHOLD SUFFOLK COUNTY, NEW YORK SUFFOLK COUNTY TAX i"dAP NUh4D~P-- I000 - 45 3 D SURV~¥FE~ O~ 0i-2005, A~IENE~F[P C~RT~,D TO: FINAL SURVEY · · 0 N W S ~ Vacant ~ 0 [00 2OO ,,...o JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET R1VERHEAD, N.Y. 11901 369-8288 Fax 369-8287 N.Y.S. LIC, NO, 50202 REF-\E[-Ip servefid~PROS\05-114B .pro