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HomeMy WebLinkAboutSoundview Ave - permissive referendum notice10274 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 9th day of June1 2011. Principal Clerk Sworn to before me this 2011. L~GAL NOTICE 8URIECT OF Resolution No. 2011413 was adopted by the Southuld Town Board on Toesday, May 24, 2011 and is subject to a permis- sive referendum. The Town of Southuld proposes to grant an easement to the owners of the following tax lots: 1000-135-1-15.1;: 1000-135-1-19 over the northerly portion of 66 foot right of way known as Sound Xqew Avenue between each respectiv~ property line and the boundary of the road; and The property owners of the follow- ing tax lots 1000-135-1-15.1; 10~0-135- 1-19 ate granting the Town an easement ove~ their respective property to aUow the Town to complete the Sound View Avenue Road Shoulder Reconstruction Project; and The need for these easements was mused by severe erosion and degrada- tion as a result of a major storm event of the 2010/2011 W'mter which severely undormined and threatened the integri- ty of Sound View Avenue and the beach stair/access structures of these property The Town of Southold desires to en- able these property owners to access their property; and the execution of a proposed easement is a routine action under normal agency administration and wffi not affect the environment through new programs or major reordering of priorities. The approval of the easement by the Town Board of the Town of Southold is subject to a permi~ve referendum, pursuant to the provisions §64(2) of the Town Law of the State of New York. The Town Board of the Town of Southold approves the grant and con- veyance of an easement to the afore- mentioned property owners for the sole purpose of constructing beach stair/ access structures duly reviewed and ap- proved by any Agency/Board having ju- risdiction over such structures. Pursuant to the provisions of §64(2) of the Town Law, this conveyance is sub- ject to permissive referendum under the procedure set forth in Article 7 of the Town Law of the State of New York. In the event that no petition seeking a permissive referendum is filed with the Town Clerk within thirty (30) days in ac- cordance with the provisions of Article 7 of the Town Law, this resolution shall be in full force and effect and the Supervisor is authorized to execute the easement, along with the Grantees thereof and the conveyance shall be thereafter recorded in the Offices of the Town Clerk and the Clerk of the County of Suffolk and shall be binding on the parties thereto. Dated: May 24, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk LEGAL NOTICE SUBJECT OF PERMISSIVE REFERENDUM Resolution No. 2011-413 was adopted by the Southold Town Board on Tuesday, May 24, 2011 and is subject to a permissive referendum. The Town of Southold proposes to grant an easement to the owners of the following tax lots: 1000-135-1-15.1;: 1000-135-1-20;: 1000-135-1-22.1;: 1000-135-1-24;: 1000-135- 2-22;: 1000-135-1-16;: 1000-135-1-17;: 1000-135-1-18; and 1000-135-1-19 over the northerly portion of 66 foot right of way known as Sound View Avenue between each respective property line and the boundary of the road; and The property owners of the following tax lots 1000-135-1-15.1; 1000-135-1-20;: 1000o 135-1-22.1;: 1000-135-1-24;: 1000-135-2-22;: 1000-135-1-16;: 1000-135-1-17;: 1000-135-1-18; and 1000-135-1-19 are granting the Town an easement over their respective property to allow the Town to complete the Sound View Avenue Road Shoulder Reconstruction Project; and The need for these easements was caused by severe erosion and degradation as a result of a major storm event of the 2010/2011 Winter which severely undermined and threatened the integrity of Sound View Avenue and the beach stair/access structures of these property owners. The Town of Southold desires to enable these property owners to access their property; and the execution of a proposed easement is a routine action under normal agency adminis~'ation and will not affect the environment through new programs or major reordering of priorities. The approval of the easement by the Town Board of the Town of Southold is subject to a permissive referendum, pursuant to the provisions §64(2) of the Town Law of the State of New York. The Town Board of the Town of Southold approves the grant and conveyance of an easement to the aforementioned property owners for the sole purpose of constructing beach stair/access structures duly reviewed and approved by any Agency/Board having jurisdiction over such structures. Pursuant to the provisions of {}64(2) of the Town Law, this conveyance is subject to permissive referendum under the procedure set forth in Article 7 of the Town Law of the State of New York. In the event that no petition seeking a permissive referendum is filed with the Town Clerk within thirty (30) days in accordance with the provisions of Article 7 of the Town Law, this resolution shall be in full force and effect and the Supervisor is authorized to execute the easement, along with the Grantees thereof and the conveyance shall be thereafter recorded in the Offices of the Town Clerk and the Clerk of the County of Suffolk and shall be binding on the parties thereto. Dated: May 24, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON June 9, 2011, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board Town Board Members Accounting Dept. Town Attorney Web site STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being dw~c~l~?dn~;YxSe~h;tri°n~etdh~oti~ s ad'mY ~[~~2pe0J ~;hseu;fsft~Xn~ida~ ~t~C~;r°, fin a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Sound View Ave easements Sworn before me this /~'~ dayof ~z..-~_.- ,2011. Notary Public LINDA J COOPER NOTARY PUBLIC, State of New Yogi< NO, 01C04822563, Suffolk Cour~t Term Expires December 31, 20~)~ Elizabeth A. Neville Southold Town Clerk RESOLUTION 2011-413 ADOPTED DOC ID: 6902 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-413 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 24, 2011: WHEREAS, the Town of Southold proposes to grant an easement to the owners of the following tax lots: 1000-135-1-15.1;: 1000-135-1-20;: 1000-135-1-22.1;: 1000-135-1-24;: 1000-135-2- 22;: 1000-135-1-16;: 1000-135-1-17;: 1000-135-1-18; and 1000-135-1-19 over the northerly portion of 66 foot right of way known as Sound View Avenue between each respective property line and the boundary of the road; and WHEREAS, the property owners of the following tax lots 1000-135-1-15.1; 1000-135-1-20;: 1000-135-1-22.1;: 1000-135-1-24;: 1000-135-2-22;: 1000-135-1-16;: 1000-135-1-17;: 1000- 135-1-18; and 1000-135-1-19 are granting the Town an easement over their respective property to allow the Town to complete the Sound View Avenue Road Shoulder Reconstruction Project; and WHEREAS, the need for these easements was caused by severe erosion and degradation as a result of a major storm event of the 2010/2011 Winter which severely undermined and threatened the integrity of Sound View Avenue and the beach stair/access structures of these property owners; and WHEREAS, the Town of Southold desires to enable these property owners to access their property; and WHEREAS, the execution of a proposed easement is a routine action under normal agency administration and will not affect the environment through new programs or major reordering of priorities; and WHEREAS, the approval of the easement by the Town Board of the Town of Southold is subject to a permissive referendum, pursuant to the provisions §64(2) of the Town Law of the State of New York; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby approves the grant and conveyance of an easement to the aforementioned property owners for the sole purpose of constructing beach stair/access structures duly reviewed and approved by any Agency/Board having jurisdiction over such structures; and be it further RESOLVED that pursuant to the provisions of §64(2) of the Town Law, this conveyance is subject to permissive referendum under the procedure set forth in Article 7 of the Town Law of the State of New York; and be it further Resolution 2011-413 Board Meeting of May 24, 2011 RESOLVED that within ten (10) days after the adoption of this resolution by the Town Board, the Town Clerk, in the same manner as for a notice of a special election, shall post and publish a notice setting forth the date of the adoption of this resolution and contain an abstract of this resolution concisely stating its purpose and effect. The notice shall specify that such resolution was adopted subject to permissive referendum; and be it further RESOLVED that in the event that no petition seeking a permissive referendum is filed with the Town Clerk within thirty (30) days in accordance with the provisions of Article 7 of the Town Law, this resolution shall be in full force and effect and the Supervisor is authorized to execute the easement, along with the Grantees thereof and the conveyance shall be thereafter recorded in the Offices of the Town Clerk and the Clerk of the County of Suffolk and shall be binding on the parties thereto. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 5/24/2011 3:34 PM by Lynne Krauza Page 2