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Home My WebLink AboutSEQRA Review or Solid Waste District ELIZABETH A. NEVILLE TOWN CLERK REGISTP~a.R 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 129 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 30, 2001: RESOLVED by the Town Board of the Town of Southold that the environmental consulting firm of Nelson~ Pope and Voorhis~ LLC is retained, pursuant to the terms of their proposal dated January 29, 2001, for the purpose of conducting SEQRA review for the Solid Waste District with respect to composting and land acquisition. Elizabeth A. Neville Southold Town Clerk 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 264 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, 2001: WHEREAS the Town Board of the Town of Southold has on this day adopted a Resolution and Order authorizing the cost of the acquisition of property located at 20755 County Road 48, Cutchogue, New York, reputed owner, Francis J. McBride, Suffolk County Tax Map 1000-096-1-2; and WHEREAS, the acquisition of the parcel described above has been determined by the Southold Town Board, as the governing body of the Southold Solid Waste Management District and as lead agency, to be a Type I action without a significant impact on the environment, as more fully set forth in the resolution of the Town Board adopted February 13, 2001. WHEREAS, the owner of the premises to be acquired and the District have reached an agreement with respect to the District's acquisition of the property; and WHEREAS, it is in the mutual interest of the parties to enter into a contract of sale without the need to proceed with the eminent domain.proceeding; and WHEREAS, the purchase price agreed is within the range of market value of said premises; and WItEREAS, in light of the costs attendant to proceeding with the eminent domain proceeding and the uncertainties of litigation it is in the best interests of the District to enter into the contract of sale at this juncture; and NOW BE IT RESOLVED, that the Town Board, as the governing body of the Southold Solid Waste Management District hereby authorizes the Supervisor to execute the Contract of Sale, in the form and substance as attached hereto, and all other documents necessary to complete the acquisition of the above mentioned property; and be it further RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this resolution and the attached synopsis to Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP., P.O. Box 389, 456 Griffing Avenue, Riverhead, New York, 11901 and Gregory Yakaboski, Town Attorney. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 285 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Cochran to execute an agreement with Nelson~ Pope & Voorhis for the completion of environmental site assessment for the McBride property, ad|acent to the landfill, identified by Suffolk County Tax Map #1000-0%-1-2, all in accordance with the submitted proposal and Town Attorney approval. Elizabeth A. Neville Southold Town Clerk 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. 603 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 10, 2002: RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an agreement between the Town of Southold and Nelson~ Pope & Voorhis for an evaluation pursuant to the State Environmental Quality Review Act for the assessment of the property currently owned by Richard W. Corazzini, Jr._~. and filed under Suffolk County Tax Map #1000-84-1-P/O 26.002 Elizabeth A. Neville Southold Town Clerk NELBON,,..POPE. ~ VOORHI.iit LbO M~r~h 19, 2001 Or.gory ;. Yakabosl~, Esq. Office of the Town Attonmy Town of $outhold Town Hall, 53095 Main Road P.O. Box 1179 Southol~l, New York 11971 Re: Phase II E~A Proposal McBride P;, opetty Southold, New York De~r Mr. Yababoslri: We are pleased to b~ afforded the opportunity to present the following proposal for a Phasa II Environmental Site Assessment (ESA). The following proposal ~ our understanding of thc scope of work required to idenlify the potential i,-p. ~ts associated with the identified recognized environmental conditions. ,I~EE SUMMARY 1. Phase II Envil'onm*M~l Site AosessmenU Fee: S~S?S.O0 This proposal, consisting of Exliibits A "S~ope of Services". Exhibit B "~ Terms and Conditions,, Exlu-bR C "Specific Terms nnd Conditions" and F~tlu'bit D "Rata Schedule" r~xesents the e~t~e undetst~flin~ between you and us. with rc~pcct to th~ proj~-'L If it is sat~sfactury, we would appreciate your ~_t,n;~g thc cn~0losed copy oft~s letter in thc spac~ l,.,~.ided below and initialing the exhibits nnd retu~ng them to us. If you hnve any questions or would iik~ to discuss the proposn] plebe do not hesitate to contacv me. C~//sjm P/~ile: 01-213 ACCEPTED AND APPROVED BY: DATE: (Plensc si;n a~l.rc~m en- copy) File: Contract Auths. Landfill Closure Nelson. Pope ~/Voorhis "M" General ~/ SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT Resolution # RESOLUTION AUTHORIZING THE SUPERVISOR TO EXECUTE CONTRACT OF SALE TO PURCHASE 17 ACRES PLUS OR MINUS OF PROPERTY IMMEDIATELY ADJACENT ON THE Wq~ST TO THE SOUTHOLD LANDFILL IN CUTCHOGUE offered the following resolution, was seconded by WHEREAS the Town Board of the Town of Southold has on this day adopted a Resolution and Order authorizing the cost of the acquisition of property located at 20755 County Road 48, Cutchogue, New York, reputed owner, Francis J. McBride, Suffolk County Tax Map 1000-096-1-2; and WHEREAS, the acquisition of the parcel described above has been determined by the Southold Town Board, as the governing body of the Southold Solid Waste Management District and as lead agency, to be a Type I action without a significant impact on the environment, as more fully set forth in the resolution of the Town Board adopted February 13, 2001. WHEREAS, the owner of the premises to be acquired and the District have reached an agreement with respect to the District's acquisition of the property; and WHEREAS, it is in the mutual interest of the parties to enter into a contract of sale without the need to proceed with the eminent domain proceeding; and WHEREAS, the purchase price agreed is within the range of market value of said premises; and WHEREAS, in light of the costs attendant to proceeding with the eminent domain proceeding and the uncertainties of litigation it is in the best interests of the District to enter into the contract of sale at this juncture; and NOW BE IT RESOLVED, that the Town Board, as the governing body of the Southold Solid Waste Management District hereby authorizes the Supervisor to execute the Contract of Sale, in the form and substance as attached hereto, and all other documents necessary to complete the acquisition of the above mentioned property; and be it further RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this resolution and the attached synopsis to Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP., P.O. Box 389, 456 Griffing Avenue, Riverhead, New York, 11901 and Gregory Yakaboski, Town Attorney. · H~--*~I3--O! 04=40P ~gBPC 163~129~E166 Po02 CONSULT YOUR ~EA BEFORE 61ONIN~ THIS ~6AEEMENT Residential Contract of Sale Socia~ S~ufity Num~r/~cd. I. D, No(s): Add~: 53095 Route 125'-D. Southold, Rev York 11971 S~ial Sccu~ty Num~r/P'cd. No(s): Clos~ under which NIN£TY THOUSAND AND 00/100 .......................... S 990,000.00** ~W(see l~lder paragr&ph llch) $ 990,000.00 (i) If thio fn~y he~e~ ~altv~ by ~IDER TO C. ONTRACYr OF SALE DATE: MARCH ,2001 SELLER: FRANCIS J. MCB]~ [ DE PURCHASER: SO[~'rlIOLD SOLID WASTE MANA¢;EMENT I)ISTRICT PREMISES AT: 20755 ROUTE 4~, ¢.'UTCHOGUE, NI.:W YOltK 11935 FIRST: SU .~JEC'I' TO (a) ~uhjcct It) I,IPA casen-~etlt mid Temporary E~qemant tn ~rch~er. any, provided scala aw nnt viola~d by thc present uso thamoK la the event that thew exists aay addition 0r improvemenm (o the pr~;~scs which violam covcnancn d~m~d an objogtion (o title p~vi~ a ~tlc ~nnpm~y will insu~ that ~aid additions or im~ovemouts may.~m~ in their prc~nt lo.rich as long as (c) Suhi~t to rely state of f~ mi a~cmate survey Illay Shoe' provided same does i]ot render title um~kctable. (d) Variafioas bctw~n hcdgcs or I~nces and record lines not executing olio (1) It)et. SECOND: ./NSPEC:TION AND AS IS Purchaser reprc.~nL,~ that lin Ires inspected thc pren, iscs and is fully lhmiliar with the condition thcrcofand rake s~lc "gg is" ag of thc ~le or,his contract, r~sonable w~r and tsar cxccpt~ to ~e date of closing, t[~ Seller. his agenls or broke~ having m~c no representation in ~olm~ction therewith. .n l{~\~,The Purchaser shall, its sole cost and expense, conduct at Phase I enviromncntal investigation of ~he property ~d, at it~on, a Phase il ~nvlromn~ntal investigalion, which h~vcstigatio~ must and consultant% s~ll~ ~nablc a~csa to thc pro~fly to cond~e investigations. Thc P~chascr shall have th. right to c=cel ~is contr~t on or bcibre Ap:~,~20, based upon ~y ~v~ intbnnation dis~ov~d as a r~ult of;ha investigal[ons. Unle~ccllcd ~ p~vidcd i~crcin, the Push,or agrees to take O~o P~mises "ira is" ~ el'thc daw of this contact, rcmsnnablc wear and ;~ar ~o~ted to ~o dat~ of the CIosiug. ~is is v~aRt land. TI rlRD: NOTICE Any notice (o be given under this contract shall be given in wthing addressed lo thc atton~ey thc p~ to ~ notilied. Thc p~ios hcrcit) ~knowl~gc that ~eir rcsp~tiv= counsel's written agreements beacon cO~sel shall ~ binding upon the p~ics h~ this FOUR'Ill: DELIVERY OF I)liED Anything ti) the contrary herein contained notwithstmtding, it is specil~eaIly understood cud agreed by thc ~i0s he. to that the acceptance and ~live~ of~ deed at thc tintc el'closing of ride ~undcr. without a specific ~ittcn cerement which by iLg tcn~s s~ll survive such closing of title shall bc dcet~ to consgtutc ihll complim~ by thc Sellers with tlxc tcm~s. covcnm~ts mad gondilio~ of~is ~)ntr~t o~ ~a peri to ~ ~rformcd, 11 is lhnher agrc~ thai uonc of the terms ho~f. oxc0pt tho~ s~cifically staled to survive clositlg of title, shah su~ivc such title closing, FIFTH: TITLE EXAMINATION ^NI) OBJI.~C'I'IONS In thc event title examination discloses any ohjeclions to title thc Sellers shall be entitled to a reasonable ad. ioumment of the title closing dale in which to cure such objections. Nothing hcr¢in contained, however, shall bo deemed to nbligate the Seller to undertake any actions or other proceg:dings tn cure title d. efect.~, and in the 0vent lbr any reason what.soever, ti~e Seller shall b~ unable to deliver title tn the pr~misos as Jtcrei~[ spocilied, the sole remedy of thc Puruh~ser will he to ~cgpt such ti~ ~ ~e SclI~ s~[I ~ able u~ deliver, wi~o~ abatomcnt in thc purchase price, or, in thc altcrnaliv¢, to cancel this agr¢ctnem and receive a reihnd of thc contr~t pa) n~cnt luadc hereunder, tog~ with the nc) charges act~lly cl~cd to tho Purchasers for thc examination of litlc, without il~urancc, by ati~c conipany, which is u member el'iht Board of Ti)lc Undgrwrltc~ licon~d to do businoss in thc S~c of New York. and th~ co~t cfa survey. Any objection.~ to tl~c tifl~ that may bc ct)rod by the payment cfa sum o£money shall not be a ground for rejection of title, but th~ Seller tnay at the time of closing of ti)lc deposit width the title company a sum oFmoney sufficient ibr the purposes ct'ct)ring said SIXTH LITIG^TION AND WAI'VF.R In thc cyan) of any legal proco.~,ding or litigation be)wean tile par~Jes hereto arising out of this contract fei' tile sale of the within prerniaes, each of the i~i'tics hereto h~reby waive the right to trial by jury in such legal proceeding or litigatioll, SEVENTII: I,'R. ANCHISE TAX Franchise tax againsl any corporation in tine chain of title shall not be dccn2od an ()Injection to title p~vidcd thc ti)lc company insuring title to thc premises on ~hall'of the Purchaser will insure E.j .G_I l'l'ld: ASSIGNMENT Purcha.~er represents, warrants and agrees th'at he is purclmsiug the pt'Chimes for bas own u.se and Any such assigtuncnt without .~eller'n "~i~en cOflSetlt shall b~ d~med null and void. NINTII: LIQUIDATED DAMAGE,R It is understood mid agreed between the pa)ties hereto that il' thc purcha.qer defaults tinder thc ten~s of this contr~t, ~h~ down pay~ncnt shall b~mme the sole propc~y of the .seller. as and for liquidated ~mages, it being ~r~ flint seller's dmnagcs would be di~cult or im~msible to ascc~in m~d 1hal such sum would ~)nstitute a fair and rcasonablc nl~xure ofdm~tagcs in thc circumsta~s, and tine pumh~er sh~[ ~vc no thffilcr claim thereU) and thcrcopon this flgf~cmc~[ ~mll come to an end and become null and void. TENt'It: ~.BROKER Tile Purchaser r~pre.~nts that no brokor introduced him to thc pr~mis~'~ or to the Seller or was m any way ins)tureen 'tel in bringing about this sale to him with full knowledge that the Seller relies lycra thc acts of Pmx:haser or their representatives, or that may bc claimed against the .~eller. By. provisions of this clause shall survive title closing and delivery of the deed hereur~der. ELEVENTII: PUK(.:IIASE PRICE The purchase price IS based on $55,000. per acre. The purchase price will bc acljtmtcd to an amount equal to $55,000. multiplied by the actual acreage ~ determined by SU~cy obtained at Pt~chascr's oxpc~mc, but nor to oxcccd $990,000 without Purchaser's ~on~cnt. Purchaser shall have the option u~ cancel this contr~t ifact~l acreage exceeds 1 R act, s and the Purchaser is sol agreeable to pay the oxeoss at $55.O{H}. ~r acre. Thc Purchaser shall receive a credit against the purchase price for paynlont, if any. for thc rculal payments under the tempurary ~ascnacrtt along thc property's 0t~tern border and thc propcmy of TWELFTH_- ,'Relier has a~-c~d u) the purcha.ve price ba$~-q on the terms h~amin and in lieu nf u condemnation procccdinlt. This conifer shall not bc d~emed ~id~cu oF 8eljer'9 ac~towiedgcnmeni of tho fair m~ket valu~ of thc Premiss ~ thc event ora condemnation TIIIK'I'I~I~NTH: ]£the Purchaser sells, conveys or in mty way ~ansFers titlo to thc Pren{lios, or any potion ~crcel~ withi~ ~1 (10) yc~ oF~losin~. Purchaser wH{, at lhe Lime of such transfer, consideration t~r such ~nsfcr ovcr ~c ~t~l pu~hasc price in this titivation l'his shah not apply [o tr~sfcr to municipal cntity wilhout consideration. ~is provisJozt shall su~ivo closing. I:OLJ_R. TEENTH: This contract is sub. i~t u,) the I'urchascr's having duc authori~atinn t'or thc acquisition ar:d finanoing thereotpursuanr to all applicaJal¢ laws. including but not limited to thc Now York State Tnwn m~d thc Local Finance 1 Aws. Thc Pttrcha.ner represents that it belicvcs that there ar~ no known imp,~dlments to those authori~at|ons arid will dJligea,tly pursue same. SELLER: Francis Y. McBride Social Security ~M'umber PURCHASER: SOUTHOLI') SOI,1D WAS'I'E MANAOEMENT DI S'I'RIC~[' By: Tax Il) Numbor