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HomeMy WebLinkAboutTNC Manor Grove house lot (Pipes Cove Preserve) 1000-53-1-1.4 (f/k/a l'000-~l~p/o ,1~2): Baseline Documentation Premises: 68775 Route 25 (Main Road) Greenport, New York 0.722 acre Open Space Acquisition THE NATURE CONSERVANCY, INC. to TOWN OF SOUTHOLD Deed dated September 6, 2012 Recorded September 20, 2012 Suffolk County Clerk - Liber D00012705, Page 826 SCTM #: 1000-53.-1-1.4 (f/k/a 1000-53.-1-p/o 1.2) Premises: 68775 Rt 25 (Main Rd) Hamlet: Greenport Purchase Price: $ 150,000.00 Funding: Community Preservation Funds CPF Project Plan: Yes Total Parcel Acreage: 0.722 acre (approved conservation subdivision map) Zoned: LB (limited business) Existing Improvements: 2-story framed house, cesspools, well, 2 barns, sheds to be removed; 2 driveways PROPERTY DESCRIPTION LEGAL The subject is legally identified on the Suffolk County Tax Map as District ~1000 - Section 53 - Block :1 - part of Lot 1.2. A copy of the Suffolk County Tax Map showing this parcel is included in the Addenda to this report. LAND The subject is situated on the northerly side of State Route 25. The subject consists ora regular-shaped, 3~1,450+ SF portion of a larger :L0.6+ acre parcel. It has 170+ feet of frontage along the northerly side of State Route 25, an easterly line of 185+_', a northerly line of :170_+' and a westerly line of :185_+'. The land is mostly cleared and generally level topography. Utilities (electric and telephone) are available to the site. Sanitary flow would be handled by an on-site septic system. Water would be by an on-site well. State Route 25 is an asphalt paved, two lane, public roadway with above-ground electric. . IMPROVEMENTS The subject contains three wood-frame improvements. The southerly improvement is a one- and two-story, wood frame, single-family residence having an area of 1,678~: S.F. plus a porch having an area of 128~ S.F., unfinished attic spaces and a crawl space. The interior finish consists primarily of sheetrock walls and ceilings with pine floors. The improvement is serviced by a propane fi~e,~ hot water boiler. There is also a 30-gallon propane gas-fired tank heater. LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING IMPROVEMENTS (CONTINUED) Electric service is circuit breaker system which is barely sufficient. The second improvement consists of a wood-frame barn in fair to poor condition. The third improvement is a wood-frame barn in imminent state of collapse. We have not conducted and interior inspection ofthe improvements and we relied upon an engineering report previously prepared by Robert O'Brien, P.E., for the details of the improvements. The barns are not reflective of Highest and Best Use in LB (Limited Business) zone and should be demolished and removed. The residence may offer value as a shell only. LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, December 13, 2005 Members Present: Members Absent: Also present: Ray Blum, Chairman Ray Huntington Eric Keil (5:32 p.m.) John Sepenoski Fred Lee Michelle Zaloom, Craig Arm Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Bill Edwards, Town Board Liaison (left 5:59 p.m.) EXCERPT FROM ADOPTED 1211312005 LPC MEETING MINUTES Applications: · MANOR GROVE PROPERTY: SCTM # Location: Total Acreage: Zoned: FWet: CPF: 1000-53-1-1.2 68775 Route 25, Greenport 10.38 acres (GIS) R-80/LB (3.39 acres) 6.65 acres yes SCTM # Location: Total Acreage: Zoned: FVVet: CPF: 1000-53-1-1.3 650 Albertson La, Greenport 19.1 acres (GIS) R-80/LB (0.79 acre) 10.66 acres Yes Reviewed status. Randy Parsons is doing outreach on this property and has been in contact with one of the landowners who looks favorably on preservation. MOTION made by Ray Blum, seconded by Ray Huntington, to direct Randy Parsons of The Nature Conservancy, to commission an appraisal on this property on behalf of the Town of Southold. Motion carried 5/0. LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, November 15, 2011 at 7:00 p.m. Members Present: Members Absent: Also present: John Sepenoski, Chairman Maureen Cullinane Sam McCullough Eric Keil Allan Connell Ray Huntington Lillian Ball Melissa Spiro, Land Preservation Coordinator Laura Klahre, Land Management Specialist (7:00 to 8:00 p.m.) Al Krupski, Town Board Liaison Commencement: · The meeting began at 7:05 p.m. with six LPC members present. EXCERPT FROM ADOPTED 11/15/20'11 LPC MEETING MINUTES Land Preservation Applications and Inquiries: SCTM #1000-$3.-1-1.2 & 1.3 (Manor Grove) Update re: status and 0.72 acre acquisition [executive session] Appraisal authorization The members entered into EXECUTIVE SESSION. Melissa gave update re: Town Board Executive Session decision pertaining to potential offer and acquisition of 0.72 acre area including house and accessory structures. END OF EXECUTIVE SESSION MOTION made by Eric Keil, seconded by Maureen Cullinane, to direct Melissa Spiro to order an appraisal for the 0.72 acre area including house and accessory structures on the Manor Grove Property. Motion carried: 6/0 E N V I R O N M E N T A L S U M M A R Y Engineering, Surveying and Landscape Architecture, P.C Executive Summary This document is a Phase I Environmental Site Assessment ("ESA') prepared to determine evidence of recognized environmental conditions ("RECs") and/or potential environmental concerns ("PECs') in connection with the mixed-use property located on the at the northwestern corner of the intersection between Main Road (a,k.a., New York State ["NYS'] Route 25) and Albertson Lane, in Greenport West,' Town of Southold, Suffolk County, New York (hereinafter the "subject property"). The subject property is identified by the street addresses of 68775 Main Road and 650 Albertson Lane, and as District 1000 - Section 053.00 - Block 01.00 - Lot Nos. 001.002 and 001.003 on the Suffolk County tax maps. The elevation of the subject property ranges from sea level to approximately 11 feet above mean sea level ("amsl'). The approximate depth to groundwater in the area of the subject property ranges from approximately eight feet below feet below grade surface ("bgs') in the areas with the highest elevations, along Main Road and adjacent to the southwest of the existing site buildings, to grade surface at Arshamonaque Pond and associated marshtand areas. Groundwater is expected to flow generally southwest toward Arshamonaque Pond and associated marshland areas, with variations due tidal fluctuations. According to a review of Town/County records and historic aerial photographs, as well as personnel interviews, the subject property was developed as early as 1954 with the existing residence, barn and garage structures. Northern and western portions of the property were in use for agricultural purposes with the remainder of the property consisting of undeveloped woodlands and marshlands. By 1957, the existing retail shop had been constructed for use as a farm stand. Agricultural activities continued through at least 1976. By 1980 agricultural fields appear fallow and continue to re-vegetate as evidenced from historical aerial photographs. The property was acquired by the Manor Grove Corporation circa 1981. The property is currently developed with four buildings (residence, garage, barn and retail shop) located on Lot 1.2. The residence is rented and currently occupied. The barn and garage buildings are utilized for storage by the residential tenant and the property owner, however, both structures are in a state of disrepair, with portions of the garage, as well as animal coops associated with the barn are partially collapsed. The retail shop is utilized as an antiques shop. Gravel driveways are located around · ""~'~-~e-n"~'fi"~/~:~"~;'~."~'~[~"~l~[t"~'~i'~'~'~ted between the Incorporated Village of Greenpo~t and the Hamlet ot Southald. Greenport West shares a zip code with the Incorporated Village of GreenporL The area in which the subject proi~etly is located is also identified by the name Arshamonaque. Executive Summary Engineertng~ Surveying and Landscape Architecture, P.C the perimeter of the residence and adjacent to the retail shop. Lawn/landscaped areas are located surrounding the residence end other buildings, with the remaining portions of the property consisting of undeveloped woodlands, marshlands and portions of a pond. Based on the results of the site inspection, records review and interviews, it was determined that there were RECs identified with regard to the subject site. RECs are those conditions, which could adversely affect the environmental integrity of the property; The identified RECs are summarized below: Given the history of agricultural use at the property, it is lflcely that pesticides and/or fuel oils (as a dispers.ant agent for the aforementioned products) were periodically applied. As such, these materials were also likely formerly stored and handled on-site. No representation can be made as to the residual concentrations of these chemicals within the soils on the property. The site inspection identified the presence of a pipe in the landscaped areas between the residence and the garage building. The nature of this pipe is unknown, but it may be related to an out-of-service supply well or an underground storage tank ("UST'). If associated with a UST, spills or releases from the tank have the potential to have impacted the subsurface. Bottom sediments within the identified on-site sanitary structures may have been impacted by inadvertent discharges related to historic site operations. Such an impact would represent a violation of the United States Environmental Protection Agency ("USEPA') Underground Injection Control ("UIC') Program and Suffolk County Department of Health Services ("SCDHS') regulations. Based upon the above findings and conclusions, VHB Engineering, Surveying and Landscape Architecture, P.C. ("VHB') recommends following: Based on the intended future use of the property as undeveloped land, except for the area immediately surrounding the existing residence, barn and garage, VHB does not believe that the potential presence of pesticides associated with former (m-site agricultural uses poses a significant environmental concern. However, should the future use of the property involve development for residential or related purposes, a soil investigation program should be conducted to ascertain the presence, i:[ any, of accumulated pesticides (e.g., pesticides, semi-volatile organic compounds ["SVOCs'], end heavy metals) in surficial soils. Such sampling would likely be required by the SCDHS and/or Town of Southold prior to a subdivision plan approval. · The nature of the indentLfied pipe should be investigated using manual methods and/or a geophysical survey (e.g., magnetometer and/or ground Executive Summary Engineering, Surveying and Landscape Architecture, P.C. penetrating radar surveys) to determine whether the pipe is related to a former water supply well, a UST or other feature. In the event that the pipe is determined to be related to an out-of-service (or former) UST, the tank should be removed in accordance with New York State Depactatent of Environmental Conservation ("NYSDEC') and SCDHS regulations. Any evidence of a petroleum-related release would also be required to be reported to the NYSDEC. In the event that the pipe is determined to related to a water well, then same, if out-of-service, would be required to be permanently abandoned in accordance with NYSDEC regulations. Given the nature of the building's use, as a residence, it is unlikely that an on-site sanitary system, would present a significant risk to the subsurface. However, future re-development of the property would likely require the removal/abandonment of the sanitary system in accordance with USEPA and SCDHS regulations. In addition to the aforementioned RECs, VHB identified several environmental concerns. The environmerital concerns and VHB's recommendations are summarized as follows: As the total capacity of the three indentified above storage tanks ("ASTs') equals 1,100-gallons, the tanks are' required to be registered in accordance with 6 NYCRR Part 612 - Registration of Petroleum Storage Facilities and SCDHS Article 12 regulations. In addition, the discarded and out-of-service tanks should be removed from the site and properly disposed in accordance with applicable regulations. Any out-of-service potable water supply wells should be properly abandoned in accordance with NYSDEC protocols. In addition, if future plans for the site do not include the use of the active on-site supply well, it should also be properly abandoned. Several fluorescent light fixtures were observed in the garage building. Based on the age of the building, ballasts associated with these fixtures may contain polychiorinated biphenyls ("PCBs'). VI-IB recommends that PCB surveys be performed prior to demolition and/or renovation activities. Any PCB- containing equipment affected by the development of the site must be properly managed during demolition and/or renovation activities. In addition, while the disposal of non-leaking PCB ballasts is not currently regulated by the USEPA, VHB recommends that the PCB ballasts be packaged in a lined, steel drum containing an absorbent material and disposed of as PCB-waste to reduce the iii Executive Summary Engineering, Surveying and Landscape Architecture, P.C potential for environmehtal contamination and potential liability for cleanup of any environmental release of PCBs from the ballasts. The lead contents of the building paints are unknown, but due to the ages of the buildings, the presence of lead-based paint ("EBP") is possible. Therefore, VHB recommends that a lead paint survey be conducted prior to any renovation/demolition activities. The disposal of lead paint waste resulting from renovation or demolition activities may be subject to federal and State regulations. Suspect asbestos-containing shingles were identified on the exteriors of the residence, garage and barn structures. No asbestos-containing material ("ACM") was identified with the basement of the residence or the interiors of the barn and garage. As the interiors (first and second floors) of the residence and retail shop were not accessible at the time of the site inspection, VI-lB makes no representations regarding the presence of ACM within these buildings, although, it should be noted that the O'Brien engineering report indentified the presence of acoustical tiles on the second floor of the. residence. These tiles have the potential to contain asbestos. In addition, due to the age of the buildings/structures, it is possible that roofing and other (inaccessible) building materials may contain asbestos. If activities in the buildings (i.e., renovation or demolition) will disturb any suspect asbestos material, then VHB recommends that an asbestos survey be performed to determine if ACM are present prior to the proposed work. If ACM are present, then a New York-licensed contractor must be retained to remove the asbestos in accordance with federal and State regulations. Arshamonaque Pond and associated marshland areas comprising the southem and western portions of the subject property are classified as NYS freshwater wetlands, tidal wetlands and as potential federal wetlands. Under the Freshwater Wetlands Act, the NYSDEC administers a permit program regulating activities in freshwater wetlands and their adjacent areas extending up to 100 feet from the wetland boundary. The NYSDEC requires a permit for almost any activity which will alter wetlands or the adjacen~ areas, including: the construction, reconstruction, end or expansion of structures; movement of earth material; and land clearing. Federal wetlands are protected under the jurisdiction of the United States Army Corps of Engineers and a Corps Permit may be required prior conducting any work on the property which will alter the wetlands and/or the adjacent areas, including: the construction, reconstruction, and or expansion of structures; land clearing, the movement of earth material; and the subdivision of land. iv Executive Summary Engineering, Surveying and Landscape Architecture, P.C Under the Tidal Wetlands Act, the NYSDEC administers a permit program regulating activities in tidal' wetlands and their adjacent areas extending up to 300 feet inland within New York. The NYSDEC requires a permit for almost any activity which will alter wetlands or the adjacent areas, including: the construction, reconstruction, and or expansion of structures; movement of earth material; and subdivision of land. Although not all wetlands are classified as protected and require NYSDEC permits, the United States Army Corps of Engineers also has jurisdiction over tidal wetlands, and a Corps Permit may be required whether or not NYSDEC requires one. Federal wetlands are protected under the jurisdiction of the United States Army Corps of Engineers and a Corps Permit ~ay be required prior conducting any work on the property which will alter the wetlands and/or the adjacent ai:eas. Therefore, the presence of NYS freshwater, NYS tidal and potential federal wetlands on and adjacent to the subject property will likely impact and/or restrict the future use and development of the property. Federal Emergency Management Agency ("FEMA') Flood Insrtrance Rate Maps ("FIRMs") indicate that the majority of the subject property, with elevations equal to or below six feet amsl, is located within the 100-yeax flood zone. In addition, areas with higher elevations along Main Road and, adjacent to the southwest of the existing site buildings are located within the 500-year flood zone. This indicates that there is a minimal risk of flooding at the subject property. Although, flooding does not specifically represent an environmental risk, the property's location within the flood zone will likely impact and/or restrict its future use and development. v Executive Summary FIGURE 2B - SITE PLAN SITE NAME: Maple Grove Corporation Property STREET ADDRESS: NYS Route 25 and Albertson Lane MINICIPALITY, STATE, ZIP: Greenport, NY 11944 PROJECT NUMBER: 28088.00 SCALE: As Shown ',,~ ~h'" ~,, ?. ,Fd'~ / ., ~., ~. 'zV: ~: "-~..'~,. ~.,,., ~:/ / '~-.~,_ ' ~.]~. Z----"E ',.~;~-~.-.~::d',. ,~'~F~'.~.?~/' '.~'~. J ---._ \}, -.-. __-_- ~------_...__.._ FIGURE 3 - TAZ MAP SITE NAME: Maple Grove Oorporation Property STREET ADDRESS: NYS Route 25 and Albertson Lane MINICIPALITY, STATE, ZIP: Greenport, NY 11944 PROJECT NUMBER: 28088.00 SCALE: As Shown ~/ ~"-- ~ ~ ~~t~: ~ ~ f ';- / /~, -.-.,.,- ._ .~ ~ .... ~, ) .- MN~: rTN 0 5 1 MILE [4~ ol~ FEET 0 __ ~ I~ M~TEAS ~IGURE 4 - TOPOG~PXIC MAP SITE NAME: Maple Grove Corporation Properly STREET ADDRESS: NYS Route 25 and Albedson Lane MINIClPALI~, STATE, ZIP: Greenpod, NY 11944 PROJECT NUMBER: 28088.00 SCALE: As Shown · , ..~..... ~ -- .- .-, - . - ,...~,.: ~.- . . ,.~.7,, . .~.:// -...[ ....' '4: -:.!: . "i:: ' .' ~ "! ';: ": i.E? 'h-~ ?.: ::::'- :..L[,: . .: .,......, . ,..,..,.,_. :,., ... _.:...-..,~...:/ , ~-,...~ ; '~' I =~:'?f¢;~':~; ~¢.:.'; .~h~"~'. · . ;F ¢~. ~;!'z'-~.: ;,¢ .~., . \.;f-2; ~ · '.,:.'~":?.~ 0 - , ... .... .. ~ ...... ; ...... ._ ~ :~,. . ~..,~..... ~, ~ . , ,> : "~ -~ ~ ...... · . '?' / .~..:.. ..: ....... .~,~v , ...: ... "/'" ~ , c,.. ~.¢N ~ ~.,.i~?;~.~ ..... ::~: ..... ,. ~ ..... :~ ....... . ....... ,. ..... . .... ,. ~. . ....__. ~-----~..~.~.':,~'l'~:,~>--:~ '"%: ,.~, ~,;: ~:~ ,',,. ..~.._. ..... ,. .:,,:, . ..... . .... .., .: '~~-..~ ~'-,,,~',:'~': ....... ~ ~ ........ '~ - ~.. ~-:'- i- . '.. - .,.~ "",~,, ,:,.) _¥.' .. ',i It/ ~ ~. -...-..- -.'.~- '. ~'~._:,.,... i'E=z,¢6-/ ~ .... ":-~, ~ -~.,-.~,'~ ::,: :~ J( t ,, -. .... /- %-- ,t ., ;c ~,': . ,~ ~.. .. . . ', .' '~--'- / . ~. .~:¢ i... &' t:~ :! .;' ~:;Tf'::.,]' .. '...' t-z ........ / .' ?% ~.4~0 /: :'"*'~":?¢':'~~:C': ,' ":'/':, - FIGURE 5 - WATER TABLE ELEVATION MAP SITE NAME: Maple Grove Corporation Property ADDRESS: NYS Route 25 and Albertson Lane STREET MINICIPALITY, STATE, ZIP: Greenport, NY 11944 PROJECT NUMBER: 28088.00 SCALE: As Shown ~_ ~. / . '~ ~ § § ~ .~ . , ~ 1 ! ~'"""~- [ ....... ~ , FIGURE 6 - ALDICARB CONT/~J¥11NATION IN gROUNDWATER SITE NAME: Maple grove Corporation Prope~y STREET ADDRESS: NYS Route 25 and Albertson Lane MINICIPALITY, STATE, ZIP: Greenport, NY 11944 PROJECT NUMBER: 28088.00 SCALE: As Shown 0 ..o ,~,~ ,- , ,~ · FIGURE ? - NITR~TE CONTAMINATION IN GROUNDINATER SITE NAME: Maple Grove Corporation Property STREET ADDRESS: NYS Route 25 and Albertson Lane fl MINICIPALITY, STATE, ZIP: Greenport, NY 11944~ Z PROJECT NUMBER: 28088.00 SCALE: As Shown Resources Web Soil Survey ~ 15z'2010 Conservatton Set.ce National Cooperative Soil Survey Page 1 of 3 P U B L I C H E A R I N G RESOLUTION 2012-166 ADOPTED DOC ID: 7449 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-166 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 14, 2012: RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda.v~ February 28~ 2012~ at 4:32 p.m.~ Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of property from The Nature Conservancy, contract vendee for the properties owned by Manor Grove Corporation. Said property is identified as p/o SCTM #1000-53-1-1.2. The area to be purchased is 0.722 acre. The Town of Southold and County of Suffolk, as joint tenants in common, are under separate contract to purchase fee title to 28.743 acres of the Manor Grove Corporation properties for open space purposes from The Nature Conservancy (as contract vendee). The additional 0.722 acre area is improved with a framed dwelling and two barns and is known as Lot #1 on a pending Manor Grove Corporation Conservation Subdivision application under review by the Southold Town Planning Board. The address of the property is 68775 Route 25, in Greenport, New York. The property is located within the LB (Limited Business) zoning district. The proposed acquisition is for the Town to acquire fee title to this 0.722 acre property for open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase will be funded by the Community Preservation Fun& It is the Town's intent to remove all existing improvements located on the 0.722 acre area. The Town's purchase price for fee title to the 0.722 acre area is $150,000.00. The purchase is subject to a preceding or simultaneous closing on the remainder of the parcel, the 28.743 acre area, by the Town of Southold and the County of Suffolk as joint tenants in common. Should the Town of Southold and the County of Suffolk fail to close and acquire these described interests in real property, the Town of Southold, as Purchaser, shall have no obligation to close on the Premises described herein and shall have the right to immediately terminate an executed Purchase Agreement. The Manor Grove property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, nature preserve, passive recreational purposes, and fresh and saltwater marsh 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 property is adjacent to, and in the vicinity of, other properties within the Pipes Cove Area which have been preserved for similar purposes, and the use of the property will be in conjunction with uses that may be developed for the overall Pipes Cove Area. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Preservation Stewardship and Management Plan for preserved properties within the Pipes Cove area. Resolution 2012-166 Board Meeting of February 14, 2012 The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of S outhold, Section 117-5. One (1) Sanitary Flow Credit may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credit will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hail Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 2/14/2012 3:35 PM by Lynda Rudder Page 2 LEGAL NOTICE NOTICE of PUBLIC HEARING NOTICE IS HEREBY GIVEN that pmsuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, February 28~ 2012~ at 4:32 p.m.~ Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of property from The Nature Conservancy, contract vendee for the properties owned by Manor Grove Corporation. Said property is identified as p/o SCTM #1000-53-1-1.2. The area to be purchased is 0.722 acre. The Town of Southold and County of Suffolk, as joint tenants in common, are under separate contract to purchase fee title to 28.743 acres oft_he Manor Grove Corporation properties for open space purposes from The Nature Conservancy (as contract vendee). The additional 0.722 acre area is improved with a framed dwelling and two barns and is known as Lot # 1 on a pending Manor Grove Corporation Conservation Subdivision application under review by the Southold Town Planning Board. ~ae address of the property is 68775 Route 25, in Greenport, New York. The property is located within the LB (Limited Business) zoning district. The proposed acquisition is for the Town to acquire fee title to this 0.722 acre property for open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase will be funded by the Community Preservation Fund. It is the Town's intent to remove all existing improvements located on the 0.722 acre area. The Town's purchase price for fee title to the 0.722 acre area is $150,000.00. The purchase is subject to a preceding or simultaneous closing on the remainder of the parcel, the 28.743 acre area, by the Town of Southold and the County of Suffolk as joint tenants in common. Should the Town of Southold and the County of Suffolk fail to close and acquire these described interests in real property, the Town of Southold, as Purchaser, shall have no obligation to close on the Premises described herein and shall have the fight to immediately terminate an executed Purchase Agreement. The Manor Grove property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, nature preserve, passive recreational purposes, and fresh and saltwater marsh 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 property is adjacent to, and in the vicinity of, other properties within the Pipes Cove Area which have been preserved for similar purposes, and the use of the property will bi in conjunction with uses that may be developed for the overall Pipes Cove Area. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Peservation Stewardship and Management Plan for preserved properties within the Pipes Cove area. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. One (1) Sanitary Flow Credit may he available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credit will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: February 14, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON February 23, 2012 AND FORWARD ONE (I) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Land Preservation Website Town Board Members Comptroller Town Attorney Town Clerk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEARING February 28, 2012 4:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Kmpski, Jr. Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This heating was opened at 4:53 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ February, 28~ 2012~ at 4:32 p.m.~ Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of property from The Nature Conservancy, contract vendee for the properties owned by Manor Grove Corporation. Said property is identified as p/o SCTM #1000-53-1-1.2. The area to be purchased is 0.722 acre. The Town of Southold and County of Suffolk, as joint tenants in common, are under separate contract to purchase fee title to 28.743 acres of the Manor Grove Corporation properties for open space purposes fi.om The Nature Conservancy (as contract vendee). The additional 0.722 acre area is improved with a timed dwelling and two barns and is known as Lot #1 on a pending Manor Grove Corporation Conservation Subdivision application under review by the Southold Town Planning Board. The address of the property is 68775 Route 25, in Greenport, New York. The property is located within the LB (Limited Business) zoning district. The proposed acquisition is for the Town to acquire fee title to this 0.722 acre property for open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase will be funded by the Community Preservation Fund. It is the Town's intent to remove all existing improvements located on the 0.722 acre area. The Town's purchase price for fee title to the 0.722 acre area is $150,000.00. The purchase is subject to a preceding or simultaneous closing on the remainder of the parcel, the 28.743 acre area, by the Town of Southold and the County of Suffolk as joint tenants in common. Should the Town of Southold and the County of Suffolk fail to close and acquire these described interests in real property, the Town of Southold, as Purchaser, Manor Grove Property Purchase Public Heating 2 February 28, 2012 shall have no obligation to close on the Premises described herein and shall have the right to immediately terminate an executed Purchase Agreement. The Manor Grove property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, nature preserve, passive recreational purposes, and fresh and saltwater marsh 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 property is adjacent to, and in the vicinity of, other properties within the Pipes Cove Area which have been preserved for similar purposes, and the use of the property will be in conjunction with uses that may be developed for the overall Pipes Cove Area. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Peservation Stewardship and Management Plan for preserved properties within the Pipes Cove area. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. One (1) Sanitary Flow Credit may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credit will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice that it was posted on the Town Clerk's bulletin board on February 28, 2012, that it was posted in the Suffolk Times on February 23, 2012 and we have a short environmental assessment form and that is it. SUPERVISOR RUSSELL: Would anybody like to comment on this particular acquisition? COUNCILMAN KRUPSKI: Inaudible. SUPERVISOR RUSSELL: Are there any other comments? (No response). This heating was closed at 4:59 PM Elizabeth A. Neville Southold Town Clerk S E P U R C H A S E R E S O L U T I O N RESOLUTION 2012-214 ADOPTED DOC ID: 7631 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-214 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 28, 2012: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of an open space acquisition on a certain parcel of property from The Nature Conservancy, contract vendee for the properties owned by Manor Grove Corporation on the 28th day of February 2012, at which time ail interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-53.-1-1.2. The area to be purchased is 0.722 acre. The Town of Southold and County of Suffolk, as joint tenants in common, are under separate contract to purchase fee title to 28.743 acres of the Manor Grove Corporation properties for open space purposes from The Nature Conservancy (as contract vendee). The additional 0.722 acre area is improved with a framed dwelling and two barns and is known as Lot #1 on a pending Manor Grove Corporation Conservation Subdivision application under review by the Southold Town Planning Board. The address of the property is 68775 Route 25, in Greenport, New York. The property is located within the LB (Limited Business) zoning district; and WHEREAS, the proposed acquisition is for the Town to acquire fee title to this 0.722 acre property for open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase will be funded using Community Preservation Funds. It is the Town's intent to remove all existing improvements located on the 0.722 acre area; and WHEREAS, The purchase price is $150,000 (one hundred fifty thousand dollars). The purchase is subject to a preceding or simultaneous closing on the remainder of the parcel, the 28.473 acre area, by the Town of Southold and County of Suffolk as joint tenants in common. Should the Town of Southold and the County of Suffolk fail to close and acquire these described interests in real property, the Town of Southold, as Purchaser, shail have no obligation to close on the premises described herein and shall have the right to immediately terminate an executed Purchase Agreement; and WHEREAS, the Manor Grove property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, nature preserve, passive recreational purposes, and fresh and saltwater marsh 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 property is adjacent to, and in the vicinity of, other properties within the Pipes Cove Area which have been preserved for similar purposes and the use of the property will be in conjunction with uses that may be developed for the overall Pipes Cove Area. The Nature Conservancy will be working in partnership with the Town to prepare a Resolution 2012-214 Pipes Cove/Arshamomaque Preserve Stewardship properties within the Pipes Cove Area; and Board Meeting of February 28, 2012 and Management Plan for preserved WHEREAS, the Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. One (1) Sanitary Flow Credit may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credit will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer in the Town TDR Bank; and WItEREAS, the fee title purchase of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, and VVltEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and VOtEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire this 0.722 acre area; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to this 0.722 acre area of land; and, VOtEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, v~rItEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it 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 the Town Board of the Town of Southold hereby elects to purchase fee title to this 0.722 acre area from The Nature Conservancy, as contract vendee for the properties owned by Manor Grove Corporation, identified as part of SCTM #1000-53.-1-1.2. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk Updated: 2/28/2012 1:55 PM by Linda Cooper Page 2 Resolution 2012-214 Board Meeting of February 28, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 2/28/2012 1:55 PM by Linda Cooper Page 3 6t7.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be comp eted by Applicant or Project Sponsor) 1. A.~.~.PPLICANT/SPON,,SOR.,, 12. PROJECTN~METo~4~i ~3~'n ~o~.~- ~ ~o,,z,v o~' .~t,~o, ~ I'~'c (c,~('[/n~~) ,~/d~ ~/,~,~ ~o,,~.. 3. PROJECT LOCATION: 4. ~ClSE LO~TION (S~addr~ and mad [nt~ions. prominent la.dma~s, etc., or pm~e map) 5. ~O~S~ ACTION IS: ~ PRO~S~ AC~N COMPLY ~ ~I~NG ~NINO OR O~ER ~1~ ~O USE RES~I~IONS? ~ Resid.fia, ~,ndu~a, ~me~al ~Ag~.u. ~Pa~o~ns.~ D ~er ~s~: 1 o. ~ A~ION I~ A P~MIT ~P~VAL. ~ FUNDINO. ~W OR ULTI~Y FROM ~Y O~ ~NME~AL AGENCY (FE~ STA~ OR L~)? ~ Y~ ~ NO If Y~. asr ~(s) name a~ ~appm~: ! CERTIFY .-~j~'r. TIE INFzqI:~. TION P RO'~I D~:D ABOVE 15 T~UE TO 'R-IE BEST O~ MY KNOWLEDGE / Signature: If the action is in the Coastal Ama, and you am a state agency, complete the Coastal Assessment Form before proceeding with thi~ assessment O~ER ·ART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY T'~PE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review pm(ess and use the FULL FAF. r--lYes WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR~ PART 617.67 If No, a negative declaration may be superseded by another involved agency. {~Yes C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be hanclwritten, if legible) C1. Existing air quality, suriace or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problenva? Explain b~iefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cutiuml resources; or community or neighborhood character? Explain briefly:. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered spedes? Explain briefly: C5. Gro~, ~ subsequent development, or related activities likely to be induced by the .pmgesed action? Explain briefly:. O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT CXc A CRITICAL ENVIRONMENTAL AREA (CEA)? [] yes~,F~ No If Yes, ex~ain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAl_ IMPACTS? [] Yes [~ No If Yes, explain briefly: PART III - DETERMINA'IION OF SIGNIFICANCE (To be completed by Agency) INS'IRUCTIONS: F~reachadversee~ectidenti~edab~e~deter~inewhetheritissubstantia~arge~important~r~thenvisesigni~cant~ Each effect should be assessed in connection wilh its la) setting (i.e. urban or rural); lb) probability of occurring; lc) duration; (d) irrevemibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations oo~tain 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 of significance must evaluate the potential impact of the proposed action en. the environmental characteristics of the CEA. ] Chenk this box if you beve Iderffified one or more potenflaliy iarge or significant adverse Impects which MAY occur. 'll~e~ Ixoceed dimcfiy to the FUU FAF and/or prepare a positive declaration. ~;~" Cffeck this bexif ysu beve clete~rnined, based on the lefoonation aed a~alysts above and any suppoding docurnentation, that the proposed ac~on WILt NOT result in any slgnliicant ad',~se envimnmentoi impacts AND pfovkle, on attachments as necessmy, the reasons supporting this determinafion Name of Lead Agency Sig~thm of Res~ble Officer In Lead Agency Dale Title of Responsible Officer Signature of Preparer (if dfi~l~dt from responsible office0 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: February 17, 2012 Re: Purchase of a development properties owned by Manor Grove Corporation As p/o SCTM #1000-53-1-1.2 The proposed action is to purchase property from The Nature Conservancy, contract vendee for the properties owned by Manor Grove Corporation. Said property is identified as p/o SCTM #1000-53-1-1.2. The area to be purchased is 0.722 acre. The Town of $outhoid and County of Suffolk, as joint tenants in common, are under separate contract to purchase fee title to 28.743 acres of the Manor Grove Corporation properties for open space purposes from The Nature Conservancy (as contract vendee). The additional 0.722 acre area is improved with a framed dwelling and two barns and is known as Lot #1 on a pending Manor Grove Corporation Conservation Subdivision application under review by the Southold Town Planning Board. The address of the property is 68775 Route 25, in Greenport, New York. The property is located within the LB (Limited Business) zoning district. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southoid Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Martin Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator C L O S I N G S T A T E M E N T CLOSING STATEMENT THE NATURE CONSERVANCY, INC. to TOWN OF SOUTHOLD part of SCTM #1000-53.-1-1.2 0.722 acre Open Space Acquisition Location: 68775 Route 25 (Main Rd), Greenport, New York Closing took place on Wednesday, September 12, 2012 at 9:30 a.m., H. Lee Dennison Building, Hauppauge, New York Purchase Price (per contract) 2011-2012 Real Property Tax Reimbursement ($ 2712.76/yr) Survey Expense reimbursed to TNC Phase I ESA reimbursed to TNC Payable to "The Nature Conservancy, Inc." Check #115097 (9/1112012) $ 150,000.00 $ 592.95* $ 1,000.00' $ 1,200.00' $ 152,792.95 Closing Expenses: Appraisals Rogers & Taylor Appraisers, Inc. $ Check #085390 (3/14/2006) Lawrence Indimine Consulting Group $ Check #112525 (1212012011 ) Survey Nathan Taft Corwin III Land Surveyor, P.C. $ Phase I Environmental Site Assessment VHB Engineering, Surveying and Landscape Architecture, P.C. $ 2011-2012 Real Property Tax Adjustment $ 2712.76/yr = $7.4119/diem x 80 days $ * paid by TNC and reimbursed by Town at time of closing 3,500.00 1,350.00 1,000.00' 1,200.00' 592.95* Title Report Fidelity National Title Insurance Check #115069 (9/1112012) Title insurance policy Recording deed $ 844 $ 290 1,134.00 Title Closer Attendance Fee Patricia Fallon Check #115067 (9111/2012) 100.00 Those present at Closing: Mary C. Wilson, Esq. Melissa Spiro Randy Parsons Patricia Fallon Attorney for Town of Southold Land Preservation Coordinator The Nature Conservancy Title Closer TOWN OF SOUTHOLD VENDOR 014143 THE NATURE CONSERVANCY 09/11/2012 CHECK 115097 FI/ND & ACCOLrNT P.O.~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 12 214 091212 H3 .8660.2.600.100 12-214 091212 H3 .8660.2.600.100 12-214 091212 H3 .8660.2.600.100 12-214 091212 H3 .8660.2.600.100 12-214 091212 H3 .8660.2.600.100 12 214 091212 H3 .8660.2.600.100 12-214 091212 H3 .8660.2.600.100 12-214 091212 H2 .8686.2.000.000 12 214 091212 H2 .8686.2.000.000 12 2]4 091212 H2 .8686.2.000.000 H2 .8686.2.000.000 MANOR GROVE HOUSE .72 AC 150,000.00 MNR GRV HS-PROP TAX ADJ. 592.95 MNR GRV HS-SURVEY REIMB. 1,000.00 MNR GRV HS-PHS1 ESA REIM 1,200.00 MILNOR GROVE HOUSE.72 ACR 150,000.00 MNR GRV HS PROP TAX ADJ 592.~b- MNR GRV ItS-SURVEY REIM 1,000.00- MNR GRV HS-PHS1 BSA REIM 1,200.00- MANOR GROVE HOUSE.72 ACR 150,000~00 MNR GRV HS PROP TAX ADJ 592.95 12=214 ~091212~ ' MNR GRV~ HS-SURVEY REIMB. i2 214 09~i2 i[ GRV HS-PHS1 ESA REIM TOTAL 1,000.00 1,200.00 152,792.95 TOWN OF SOUTHOLD 53095 MA ',1ROA[ PO BOX 1179 $OUT~OLD NY 11§71-O959 THE SUFFOLK CO. NATIONAL BANK CUTC~OGUE, NY ~ 1935 9/11/t2 AUDIT CHECK NO. 11509- 50-546/214 09/11/ 2012 S152. 792 . 95 ONE HUNDRED FIFTY TWO THOUSAND SEVEN HUNDRED NINETY TWO AND 95/100 DOLLJ~RS ilipA7 THE NATURE CONSERVANCY ' ~m~'ITOTHE C/O FIO~A~CK~E~ %~ER 195 NEW KARNER RD ~200 ALB]%~NY NY 12205 ";~50q?"' ~:08~qOSh~[,~: ?~3 O0000h 0"' ROGERS & TAYLOR APPRAISERS, INC. 300 Wheeler Road, Suite 302 Hauppauge, New York 11788-4300 G~ry P. T~ylor, MAI,SPA brines G. T~ylor, MAI,SM Tel: (631) 4344300 Fax: (631) 414-3508 www.rogersandt~¥1or.org January 27, 2006 The Nature Conservancy P.O. Box 5125 East Hampton, NY' 11937 Attention: Randy Parsons, Conservation, Finance and Policy Advisor FOR PROFESSION~IL SERVICES Pxel Manor Grove Property Situate Greenport, NY Tax Map #1000-53-1-1.2 & 1.3 Our File # 16768-05 Appraisal Fee: $3,500.00 FEB 13 2006 OE~. OF LAND PRESERVaTiON THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS TOWN OF SOUTHOLD 53095 MAiN ROAD SOUTHOLD, NEVV YORK 1 ! g71-0959 DATE 03/14/2006 AUDIT 85390 $3,500.00 emro RQgER~.~& TA~.I~,APPRAT~]E~ INC OF HAUPPA~,.{TY i.1788-43'00 Il'Da c~ ~qo"' ~:0 i? ;,1~0 5661,1: 00000~, 0"' VENDOR 018477 ROGERS & TAYLOR APPRAISERS INC 03/14/2006 CHECK 85390 H3 .8660.2.500.200 15192 16768-05 APPRAISAL-MANOR GR0 3,500.00 TOTAL 3,500.00 20 TOWN OF SOUTHOLD Disburs Inquir~ by Vendor Name View i ** Actual Hi .............. Detail--GL100N .............. Vendor.. 018477 ROGERS & TAYLOR APP : W-03142006-218 Line: 417 Fozmula: 0 : Y=Select Account.. H3 .600 : - JE Date Trx. Date Fund Account Acct Desc ACCOUNTS PAYABLE : ............................. Begi 8/12/2003 8/12/2003 A .600 3/14/2006 3/14/2006 H3 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s)~.~r Use Action Code : Trx Date ..... 3/14/2006 SDT 3/13/06 : : Trx Amount... 3,500.00 : : Description.. A~PRAISAL-MANOR GROVE : : Vendor Code.. 018477 Pa~ Method: : : Vendor Name.. ROGERS & TAYLOR APPRAISE : : Alt Vnd.. : : CHECK ........ 85390 SCNB : : Invoice Code. 16768-05 : : VOUCHER ...... .' : P.O. Code .... 15192 : : Project Code. : : Final Payment F Liquid. : : T~pe of 1099. N BOX. Addl. : : Fixed A~set.. Y : : Date Released 3/14/2006 : : Date Cleared. 6/30/2008 : : F3=Exit F12=Cancel : : : Lawrence Indimine Consulting Corp. PO Box 1453 Smithtown, NY 11787 (631) 979-2735 Invoice Date Invoice # 12/9/201 ] 359 Bill To Town of Southold Depal'tme~t of Land Preservation PO Box 1179 Southold, NY I 1971-0959 Description Amount Appraisal of Real Property of Manor Grove Corporation 1,350.00 I Locate 68775 State Route 25, West Greenport, NY SCTM #1000-53-l-part of 1.2 File #11094 'urchase Order #23464 DEPT. OF LAND PRE~£RVATION Th~nk you for your business. Total $,,3so. oo TOWN OF SOUITlOLD VENFffIR 011893 LAWRENCE INDIHINE CONSULT CORP 12/20/2011 }13 6660.2.500.200 2a46_aa 359 APPRAISAL l~lOR GROVE 1,350 00 TOTAL 1,350.00 View 1 ~ Actual Hi Vendo'-.. 011893 LATqRENCE INDIMINE C Y Select JE Dale T~x. l)ato FuNd Accmt'.ht ....... beg 4/22/2008 4/22/2008 H3 600 4/21/2009 4/21/2009 3/09/2010 3/09/2010 4/20/2010 4/20/2010 4/20/2010 4/20/2010 5/i8/2010 5/i8/20i0 11/30/2010 11/30/2010 H3 5/10/2011 5/10/2011 H3 Y 12/20/2011 12/20/2011 H3 2/28/2012 2/28/2012 H3 H3 600 H3 600 H3 600 H3 600 H3 600 600 600 600 .600 F2=Shifl I)p F3 Rx L F]0=Prev Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-12202011-032 Line: 208 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 12/20/2011 SDT 12/19/11 : : Trx Amount... 1,350.00 : : Description.. APPRAISAL-MANOR GROVE : : Vendor Code.. 011893 Pay Method: : : Vendor Name.. LAWRENCE INDIMINE CONSUL : : Alt Vnd.. : : CHECK ........ 112525 SCNB : : Invoice Code. 359 : : VOUCHER ...... : : P.O. Code .... 23464 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 12/20/2011 : : Date Cleared. 12/31/2011 : : F3=Exit F12=Cancel : SEP-6-2012 12:20P FROM:NATHAN CORWIN 6317271727 TO:TG56640 NATHAN TAFT CORWIN III LAND SURVEYOR, P.C. P.O. BOX 16 Jamcsport, New York 11947 Office Location: 1586 Main Road, Jamcsport NY Phone # 631-727-2090 Fax# 631-727.1727 Bill To Town of Southold Depam~ent of Land Preservation P.O. box 1179 $outhold, New York ! 1971 Att: M~lany Invoice Date Invoice # 9/6/2012 5258 Survey of lot I Job# 29-007-B Description Client: Manor Grove A sea'vice charge of 2% per month will be charged on balances 90 days p~st Terms 30 DAYS B.C. Tax Lot No. 1000-53-01-1.2 Amount 1,000.00 Total st,ooo.oo Payments/Credits so.oo Balance Due St,OOO.OO t Engineering, Sttn,el. ~ing and Landscape Architecture, P.C 2150 ]oshu;'s Path. Suite 300 · Hauppauge. N,w York 11788 · 631234.3444 remit to: 101 Walnut Street. PO Box 9t51 · Watertown. Massachusetts 02471 Invoice Invoice No: 0005685 March 26, 2010 Mr. Randy Parsons The Nature Conservancy 142 Route 114 P.O. Box 5125 East Hampton, NY 11937 APR 0 Z Zulu VHB Project#: 28088.00 Phase , Envirol~menta, Site Assessments Manor Grove Corp. to TNC, & TNC to Suffolk County and Town of Southold Southold, New York .~ ~) Professional Services from Februarv 21. 2010 to March 20, 2010 Fee Tot , Fee( 3,800.07 Percent Complete 100.00 Total Earned 3,600.00 '~)~_~ i~..e...l m g~J,-; Previous Fee Billing 0.00 --~-;~'~--~-~-~__ ~Vo' o. C.,re.t ~. ~,~ng ~.~00.00 ~ ~ ~ Total Fee 3,600.00 * I Loo., Total this Invoice: $3,600.00 Less Advance Pymt: ($1,800.00)4'1/////¢5' Total Now Due: ~1 ,'800,00~'~ Outstanding invoices Number Date Balance 0000001 1/14/10 -1,800.00 Total -1,800.00 *Please note the $1,800.00 advance payement received on 1/14110 has been applied to this invoice. remit to: 101 Walnut Street. PO Box 915.1 o Watertown, Massachusetts 02471 Payment Due Upon Receipt. Original obert I. Scott, Jr., Chairman arline J. Duffy, Assessor Kevin W. Webster, Assessor Southold Town Hall, 53095 Route 25 RO. Box 1179 Southold, NY 11971-0959 Fax: (631) 765-1356 Telephone: (631) 765-1937 August 29, 2012 BOARD OF ASSESSORS TOWN OF SOUTHOLD Re: SCTM# 1000-53.-1-1.2 & 1.3 Unofficial Apportionment for Nature Conservancy Inc To Whom It May Concern: Below please find an unofficial apportioment for the above-referenced property for the 2011/12 tax bill. Original 2011/12 SCTM# Acres Assessment 2011/12 Taxes 53.-1-1.2 3200/5500 $6028.34 53.-1-1~ 4000/4000 4384.27 Total 7200/9500 $10412.61 Conservation Subdivision Area A .065 25/25 27.39 Area B .217 50/50 54.79 Area C .095 25/25 27.39 Lot 1 .722 175/2475 2712.76 Lot 2 28.740 6925/6925 7590.28 Total 29.839 7200/9500 $10412.61 If you have any ~uestions, please give our office a call. Chairman RIS/cg Print Bill Page 1 of 1 Fiscal Year Start: 12/I/2011 Collection: Town & County 2011 Fiscal Year End: 11/30/2012 Warrant Date: 12/6/2011 Total Tax Due (minus penalties & interest) $0.00 Entered Posted [ Total Tax Amount Penalty I Surcharge Via Type 3/26/2012 3/26/20121 $6,118.77 $6,028.34 $90.43[ $0.00 Mail FullPayment Tax Bill # Tax Map # Status 005781 53.- 1 - 1.2 Payment Posted Address Municipality School 68775 Route 25 TOWN OF SOUTHOLD Greenport School Owners Property Information Manor Grove Corp Roll Section: 1 PO Box 321 Property Class: 1 Family Res Greenport, NY 11944 Lot Size: 10.61 Assessment Information Full Market Value: $495,495.00 Total Assessed Value: $5,500.00 Uniform %: I.I 1 Description Tax Levy Percent Change Taxable Value Rate Tax Amount ~ulTolk County Tax 54287505 0.0 5500.00( 18.60900000 $102.34 51YS Real Prop TaxLaw 106646£ -19.1 5500.00( 9.83700000 $54.1£ MTA Payroll Tax 6772~ 0.1 5500.00( 0.6250000( $3.43 Out of Cry SCCC 78917 100.¢ 5500.000 0.7300000( $4.01 Southold Town Tax 27760119 2A 5500.00~ 258.2520000 $1,420.3~ Greenport School 10836207 7.1 5500.000 687.4250000£ $3,780.8't Greenport Librmy 899737 5.£ 5500.000 30.7580000C $169.16 E-W Protection FD 743389 4.3 5500.000 71.58400000 $393.7 I Solid Waste District 1806814 -3.7 5500.000 17.21700000 $94.69 Waste Water Dish-iet 101350 100.0 5500.000 1.03400000 $5.69 Total Taxes: $6,028.34 IEstimated State Aid - Type County Town $281,983,132.00] $1,682,695.00] Mail Payments To: http://egov.basny.com/southold/iTax bill.asl)x?EcKe%2f7H8WStmid 1MWePwawlC A TI, ~/9'~/9n~ ~ Print Bill Page 1 of 1 Fiscal Year Start: 12/1/2011 Collection: Town & County 2011 Fiscal Year End: 11/30/2012 Warrant Date: 12/6/2011 Total Tax Due (minus penalties & interest) $0.00 Entered Posted Total Tax Amount penalty Surcharge Via Type 3/26/2012 3/26/2012 $4,450.03 $4,384.27 $65.76 $0.00 ]Mail I Full Payment Tax Bill # Tax Map # Status 005782 53.- 1 - 1.3 Payment Posted Address Municipality School 650 Albertson Ln TOWN OF SOIJTHOLD Greenport School Owners Property Information Manor Grove Corp Roll Section: 1 PO Box 321 Property Class: Abandoned ag Greenport, NY 11944 Lot Size: 19.23 Assessment Information Full Market Value: $360,360.00 Total Assessed Value: $4,000.00 Uniform %: 1.11 Description Tax Levy Change Taxable Value Rate Tax Amount Suffolk County Tax 5428750-~ 0.0 4000.00( 18.60900000 $74.43 NYS Real Prop TaxLaw 106646( -19.1 4000.00( 9.83700000 $39.3z MTA Payroll Tax 6772( 0.8 4000.00£ 0.62500000 $2.5( Out ofCty SCCC 78915 100.0 4000.00¢ 0.73000000 $2.92 5outhold Town Tax 2776011~ 2.4: 4000.00¢ 258.25200000 $1,033.0( 3reenport School 1083620 7.1 4000.00~ 687.42500000 $2,749.7( 3reenport Library 899737 5.( 4000.00(] 30.75800000 $123.03 E-W Protection FD 74338~ 4.2 4000.00G 71.58400000 $286.34 golid Waste District 1806814 -3.5 4000.000 17.21700000 $68.85 Waste Water District 101350 100.' 4000.000 1.03400000 $4.14 Total Taxes: $4,384.27 Estimated State Aid - Type AmountI County $281,983,132.00~ [Town $1,682,695.00] Mail Payments To: http://egov.basny.com/southold/iTax bill.aspx?2MuR%2bTMvb6aOoIc44ZhO2FsFmUt%... 8/23/2012 FIDELITY NATIONAL TITLE I~SURANCE COMPANY 24 Commerce Drive, Riverhead, New York 11901 631-727-0600 fax 631-727-0606 tEE COV GE FA~ ~T VALUE ~ER (O~IONAL} P~ MORTGAGE ~S~CE CO~GE p~ EN~E~: En~nmen~l Waiver of ~n Residen~ AdjUre ~ ~er N~ YO~ STA~ ~SgE~SION T~ MORTGAGE T~ MORTGAGE T~ ~o~or) CO~ P~SERVA~ON S~Y ~SP~ON DEP~T~ SE~ S~ET ~RT ~ROW DE~H E~ROW DE~ FEE B~CY~A~OT SE~C~ ~S S~ES T~ ON DEPAR~~C~ ~G~ ~CO~G ~ES: ( ) MORTGAG~S~ ( ) ~N~LmA~ON, E~NSION & MOD~ON AG~EME~(S) ( ) MORTGAGE ( ) ~G~(s) ( ) BU~D~G LO~ CO~ CLOSER CHARGES, IF ANY: PICK-UP FEE: OTHER: PATRICIA L. FALLON ~ ~ TOWN OF SOUTHOLD VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 09/11/2012 CHECK 115069 FUND & ACCOUNT P. 0. ~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 H2 .8686.2.000.000 H2 .8686.2.000,000 12-214 F12-7404-86834 M~R GRV HS-TITLE INS POL 844.00 12-214 F12-7404-86834 M~R GRV HS-RECORDNG DEED 290,00 12-214 F12-7404-86834 MNR GRV HS-TITLE INS 844.00- 12-214 F12-7404-86834 MNR GRV HS-RECORDNG DEED 290.00- 12-214 F12-7404-86834 MNR GRV HS-TITLE INS 844.00 12-214 F12%7404-86834 MNR G~v wc-~n~N~ DEED o~ ~ .l'?'j'' ".',.TOTAL 1,134.00 TO '.rife ORDER OF 9/11£12 AUDIT CHECK NO. 115069 09 11 20 2 s , 34.00 DO~LkRs FIDELITY NATIONAL TITLE INS CO 24 COMMERCE DRIVE TOWN OF SOUTHOLD VENDOR 006013 PATRI~IA FALLON 09/11/2012 CHECK 115067 FUND & ACCO~{T P.O.~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 H3 .8660.2.600.100 H2 .8686.2.000.000 12-214 F12-7404-86834 MNR GRV HS-TITLE CLOSER 100.00 12-214 F12-7404-86834 ~INR GRV HS-TITLE CLOSER 100.00- 12-214 F12-7404-86834 ~qR GRV HS-TITLE CLOSER 100.00 TOTAL 100.00 PAY PATRICIA FALLON rorH£ 40 WHITE OAK LANE ORDER OF SOUTHAMPTON NY 1~96B 9/11;12 AUDIT CHECK NO. 115067 D~E I AMOUNT 09/11/2012 S100.00 O00OOq Il' R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 5 Receipt Number : 12-0108522 TP~tNSFER TAX NUMBER: 12-03991 District: 1000 Deed Amount: Section: Block: 053.00 01.00 EXAMINED AND CHARGED AS $150,000.00 Recorded: At: LIBER: PAGE: FOLLOWS 12:33~55 P~ D00012705 826 Lot: 001.004 Received the Following Fees For Above Instrument Exempt Page/Filing $25~00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TP, ANSFER TAX NUMBER: 12-03991 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exemp $20.00 NO $15.00 NO $125.00 NO $0.00 NO $60.00 NO $0.00 NO $260.00 duuITH A. PASCALE County Clerk, Suffolk County Number of pal]es This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2012 Sep 20 t2:33:55 PM JUSITH P. PRSCALE Deed/Mo~gagelnstwment Deed/Mo~gageTaxStamp I Recording/Filing S~mps 3 I FEES Page / Filing Fee Handling 20. oo TP-584 Notation EA-52 z7 (County) EA'5217 (State) ~ R.P.T.S.A. ~ __ Comm. of Ed. S. o_.q Affidavit Certified Copy NYS Surcharge Other SubTotal 0_90 SubTotal : GrandTotal z+TiDist.lt 12022031 1000 05300 0100 001004 Ream Prope. ~ Tax Servic~ Agency Mortgage Amt. __ · , Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec.lAdd. TOT. MTG. TAX Dual Town Dual County__ ~ment mra~'~~ m Mansion Tax . The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES orNO If NO, see appropriate tax clause on e # of this instrument. CommunK~ Preservation Fund Consideration Amount CPF Tax Due $ ~X ~tlqt°'~ Satisfactions/Discharges/Releases List property Owners Mailing Address RECORD & RETURN TO: Mai I to: Judith A. Pascale, Suffolk County Glerk 3~o Center Drive, Riverhead~NY~9o~ www.suffolkcountyny.gov/d e ri< Suffolk County Recording & Endorsement Page This pa§e fi~rms part ofthe attached ~/g¢~ by: (SPECIFY TYPE OF INSTRUMENT) /v~'~'~: ~ ~-~e~'~'C~'y /AFC_., The premises herein is situated in SUFFOLK COUNTY, NEW YORK. Improved _ Vacant Land TD T~le Company Information made TO In the TOWN of x.~ ~;~ '"7'J~ ~zY/J o ~ ...q~ cr ~/~Z.6 m the VILLAGE Or HAMLETof ~/~ ~,j BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) BARGAIN AND SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS This Indenture made this (o*' day of September, 2012 between THE NATURE CONSERVANCY, INC., a District of Columbia non-profit corporation, with a principal address at 4245 North Fairfax Drive, Arlington, Virginia 22203, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York with an address at 53095 Main Road, Southold, New York 11971, party of the second part. WITNESSETH That the party of the first part in consideration of One Dollar ($1.00) lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, its successors and assigns forever, all that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, and State of New York, and being more particularly described in Schedule "A", attached hereto and made a part hereof, and also known as: Street Address: 68775 Route 25 Tax Map Designation: p/o District 1000, Section 53, Block 01, Lot 01.002 BEING a portion of the same premises conveyed to The Nature Conservancy, Inc. by deed from Manor Grove Corporation dated May 3, 2012 and recorded in the Suffolk County Clerk's Office on May 15, 2012 in Liber 12693, Page 405. SUBJECT TO any and all covenants, conditions, restriCtions, easements and rights-of- way of record affecting said premises. THIS CONVEYANCE is made in the regular course of business of the party of the first part and does not constitute all or substantially all of the assets of the party of the first part. 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 part, the heirs or successors and assigns forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. 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. AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority, of the Town Board after a public heating and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of fee title acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF the party of the first part has duly executed this deed the day and year first above written. In Presence O~ The Nature Conservancy, Inc. By: Nancy .~mo Its: New York Chief Operations Officer Hereby Duly Authorized State of New York ) County of .~. [~,~ )ss. On the (~,LS~ day of .~e~-~e,,~,~. in the year 2012 before me, the undersigned, a Natty Pu~I~ ih ai~d fzr za:.~ ztatz, personally appeared Nancy, Arno, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instmmem, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. 'lIMO'THY M. KOSTOflOSKI NotaW Public, State of New York No. 01K06023215 Qualified n Schenectady County,- Commission Expires Apr 19, 20~.~. Schedule"A" ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Main Road (N.Y.S. Route 25) distant the following three (3) courses and distances as measured along the westerly side of Main Road (N.Y.S. Route 25) from the comer formed by the intersection of the westerly side of Main Road (N.Y.S. Route 25) and the northerly side of Albertson Lane: (1) North 55 degrees 33 minutes 23 seconds East, 33.43 feet to a point; (2) Along the arc ora curve to the right having a radius of 2,896.79 feet and a length of 131.13 feet to a point; (3) North 35 degrees 19 minutes 10 seconds East, 272.53 feet to the true point or place of BEGINNING; RUNNING thence the following three (3) courses and distances through land now or formerly Manor Grove Corp: (1) North 54 degrees 40 minutes 50 seconds West, 185.00 feet to a point; (2) North 35 degrees 19 minutes 10 seconds East 170.00 feet to a point; (3) South 54 degrees 40 minutes 50 seconds East, 185.00 feet to a point along the westerly side of Main Road (N.Y.S. Route 25); RUNNING thence South 35 degrees 19 minutes 10 seconds West, 170.00 feet to the point or place of BEGINNING. E N V I R O N M E N T A L I N D E M N I T Y ENVIRONMENTAL INDEMNITY AGREEMENT This is an agreement between the Town of Southold, a municipal corporation of the State of New York having an mailing address of P.O. Box 1179, Southold, New York, 11971(the Town) and The Na~lre Conservancy, Inc., a non-profit corporation organized under the laws of the District of Columbia, havingits principal office at 4245 North Fairfax Drive, Suite 100, Arlington, Virginia 22202 and maintaining a New York State Office at 195 Kamer Road, Suite 200, Albany, New York 12205 (the Conservancy). · RECITALS The Conservancy has offered to make a sale of that parcel of land located at 68775 Route 25, CrreenPOrt, NY 11944 being Suffolk County Tax Map Lot Number 1000-53-1-1.2 as :more specifically .described in Exhibit A attached hereto and incorporated herein (the Property). In conjunction with this sale, the Town has agreed to indemnify the Conservancy against any loss or damage resulting from the existence of and demolition and removal of any improvements located on the property and will indemnify and hold harmless against any claims made again.qt the Conservancy as a result of any prior use or presence of hazardons materials on the Property. The Conservancy is relying on this indenmity in agreeing to purchase the Property with all existing improvements from MANOR GROVE, INC and to sell the Property to.the Town who will be solely responsible for the demolition clean up and removal of the improvements on the Property. NOW, THEREFORE, in cousidemtion of the C~nserVancy's willingness to purchase the property from Manor Grovel and sell the Property to the Town, and other valuable consideration and incorporating the recitals above, The Town agrees as follows: 1. The Town will defend, indemnify and hold the'Conservancy harmless against and in respect of any and all damages, claims, losses, liabilities, and expenses, including without limitation, reasonable legal, environmental consulting, engineering, and site remediation or clean-up expense, incurred by the Conservancy, that arise out of or in connection with (a) the use, ownership, and operation of the property by the Conservancy, or by its predecessors in interest or third parties, at anY time prior to the date on which the Conservancy. transfers tire to the Town, (b) baTardous materials that are first present, alleged to be present, or threatened to be present prior to the date on which the Conservancy transfers title to the Property to the Town and (c the demolition, clean up and disposal of the improvements on the Property. 2. For the purposes of this Agreement, use, ownership, and operation shall include, but shall not be limited to, generating, manufacturing, refiulng, producing, storing, handling, managing, ~ran~qferring, processing, or transporting any ha?ardous materials by the Conservancy or by the Conservancy's predecessors in interest or third parties. 3. For the purposes of this Agreement, "hazardous materials" shall mean any substances defmed as or included in theft, efinitions of "hazardous substances," "hazardous material," "hazardous chemical," or "hazardous waste" i§ the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 6901 et seq., and in the regulations adopted, published, and/or promulgated pursuant to said laws, or any other federal, state, or local statute, law, ordinance, code, rule, regulation, order, decree, or other requirement of any governmental authority regulating, relating to or imposing liability or standards of conduct concerning an hazardous, toxic, or dangerous substance or material or pollutant or contaminant. Without limiting the foregoing "hazardous materials" shall be defined to also include petroleum products and petroleum by-products. 4. The obligations of the Town and the Conservancy to each other as provided in this Agreement shall survive the transfer of title to the Property fi.om the Conservancy to the Town. These obligations are for the sole benefit 9f the Town and the Conservancy. 5. ' If either party receives any claim, notice or complaint from any government agency or office or · from any third party regarding the presence, potential presence or threatened presence of any hazardous materials at the Property, the party receiving the notice shall as soon as reasonably possible notify the other party .in writing at the following address or at such other address as the parties may specify: Failure to provide notice as required herein shall not affect the validity or applicability of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hahds and seals on ~?~_~.[,~ ~, , 2012. THE NATURE CONSERVANCY TOWN OF SOUTHOLD By: Scott A. Russell Its: Town Supervisor T I T L E P 0 L I C Y Fidelity National Title Insm:ancd Company POLICY NO.: NY-FRVH-SAM-2730632-1-12-86834 AMERlCAN LAND TITLE ASSOCIATION OWNER'S POLICY (6117106) Wilh Now York Coverago Endorsement Appended Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be glven the Company under this Policy must be given to the Company at th~ address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONT`41NED IN SCHEDULE B, AND THE CONDITIONS. FIDELITI NA TION,4L TITLE INSURANCE COMP`4NY, a California corporation (the "Company '9 insures, as of Date of Poltcy and, to the extent stated in Covered Risks 9 and I 0 after Date of Policy, against loss or damage, not egceeding the `4mount of Insurance. sustained or incurrsd by th~ Insured by reason of: L Title being vested other than as stated in Schedule ,4. 2. ,4ny defect in or ben or encumbrance on the Title. This Covered Risk mcludes but is not limited to insurance against loss from (aj ,4 defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii} fatlureofanypersonorEntitytohaveauthorizedatransferorconveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged& notarized, or delivered: (iv) failure to peoCorm those acts nscessar~ to create a document by ~lectroinc means authorized by law; (vi a document executed under a falsbqed, expired, or otherwise invalid power of attorney; (vi) ad~cumentn~tpr~per~y~ed~rec~rdea!~rindexed~ntbePublicRec~rdsincludingfaEuret~perf~rmth~seactsbye~ectr~nicmeansauth~rizedbylaw or (vii} a defective judicial or administrative proceeding. (biThe lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) ,4ny encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete lam survey of the Land& The t~rm "encroachment" includes encroavhments of existing tmprovaments located on the Land onto ~othtng lar~ and encroavhmen~ onto the Land of existing improvements located on adjoining land. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law. ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating prohibiting, or relating to (a) the occupancy, use. or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land: or (d) environmental protection ifa notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but on~, to the extent of tbe violatio~ or enforcement referred to tn that notice. `4n enforcement action based on the exercise afc governmental police power not covered by Covered Risk 5 ifa notice of the enforcement action, describmg a~ part of the Land, is recorded in the Public Records. but only to the extenl of ibc enforcement referred to in that notice. Tbe exercise ~f the rights ~f eminent d~main ~fa n~tice ~f the exercise, describing any part ~f the Land& ~s rec~rded in the Pub~ic Rec~rds. 8. `4ny taking by a governmental body that has occurred and is binding on the rights afc purchaser for value without Knowledge, 9 Title being vested other than as stated Schedule ,4 or being defective (a) a~ a resu~t ~f the av~idance in wh~e ~r in part~ ~r fr~m a c~urt ~rder providing an ahernative remedy~ ~f a traasfer ~f a~ ~r any part ~f the ttt~e t~ ~r a~ interest in the Land occurring prior to the transaction vesting Title as shown in Schedule ,4 because that prior transfer coasiituted a fraudulent or pref#rvntio transfer under federal bankruptcy, state tnsolv#ncy, or similar creditors'rights law~; or (b) because the instrument of transfer vesting Title as shown in Schedule ,4 constitutes a preferential transfer under federal bankruptcy, state insolvency, o similar creditors' rights laws by reason of tbe fadure of its recording in the Public Records (l) to be timely, or (io to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. I0. Any defect in ~r ~ien ~r encumbrance ~n the Title ~r ~ther matter included in C~vered Rizks ~ thr~ugh 9 tha~ has been created ~r attached ~r has been ~led ~ recorded in the Public Records subsequent to Date of Policy and prior to the recording ortho deed or otber instrument of transfer in the Public Records that vest Title as shown in Schedule ,4, The Company will also pay the costs, attorneys'fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in th, Conditions. IN WITNESS WHEREOF. FIDELITY N,4TIONJL TITLE INSURANCE COMP`4NY has caused this policy to be signed and sealed by its duly authorized officers. 2730632 (5/07) yrizcd Signatory Fidelity National Title Insurance Company ALTA Owner's Policy (6/17106) w/New York coverage Endorsement Append~ OFidelity National Title Insurance Company Policy No.: NY-FRVH-SAM-2730632-1-12-86834 Title No.: F12-7404-86834SUFF Amount of Insurance: $150,000.00 1. Name of Insured: Town of Southold SCHEDULE A Date of Policy: September 12, 2012 at 9:00 AM The estate or interest in the land which is covered by this policy is: Fee Simple Title to the estate or interest in the land is vested in: Town of Southold Deed made by The Nature Conservancy, Inc. dated September 6, 2012, recorded September 20, 2012 in Liber 12705 page 826. The land referred to in this policy is described as follows: See Schedule A-1 (Description), following. Schedule A Owner's Policy Page I Rev. (02/04) OFidelity National Title Insurance Company Policy No: NY-FRVH-SAM-2730632-1-12-86834 Title No.: F 12-7404-86834SUFF SCltEDULE A-1 Description ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomaque, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly s_ide of Main Road distant northerly 437.09 feet from the comer formed by the intersection of the northerly side of Albertson Lane and the westerly side of Main Road; RUNNING THENCE North 54 degrees 40 minutes 50 seconds West, 18.5.00 feet; THENCE North 35 degrees 19 minutes 10 seconds East, 170.00 feet; THENCE South 54 degrees 40 minutes 50 seconds East, 185.00 feet to the westerly side of Main Road; THENCE South 35 degrees 19 minutes 10 seconds West along the northerly side of Main Road, 170.00 feet to the point or place of BEGINNING. Schedule A-I (Description) Owner's Policy Page 2 Rev, (02/04) OFidelity National Title Insurance Company Policy Number: NY-FRVH-SAM-2730632-1-12-86834 Title No.: F 12-7404-86834SUFF SCHEDULE B - PART I Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: Survey made by Nathan Taft Corwin III dated 07/17/12 shows a 2 story frame house to be removed; cesspools and well to be removed; barns and building to be removed. A. 30 foot wide non-disturbance buffer shown over rear of premises. No encroachments shown. Electric Easement in Liber 1322 page 105. Temporary Easement for work area set forth in Appropriation in Liber 12506 page 837. Declaration made by The Nature Conservancy dated 05/15/12 and recorded 07/17/12 in Liber 12699 cp 705. (he,with) Page 3 Schedule B Owner's Policy Rev.(02/04) OFidelity National Title Insurance Company STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The fullowing is added as a Covered Risk: "1 I. Any statutory lien arising under Article 2 of the New York Lien Law 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 &the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: Any lien on the Title for real estate taxes, assessments, water charges qr sewer rents imposed by governmental authority and created or at~aching between Date of Policy and the date &recording &the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. THIS ENDORSEMENT is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Po!icy, or (iv) increas~ the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company STANDARD NEW YORK ENDORSEMENT (7-01-12) FOR USE WITH ALTA LOAN POLICY (6-17-06) amination, inspection, and copying, at such reasonable times and places as may ~ desig- nated by the authorized r~presantative of the Company, all records, in whatever medium )Ii) or (ii), the Company s obligations to the Insured under this policy for the claimed 2730632 (5/07) 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays undo any policy insuring a Mortgage to which exception ia taken in gehedule B or to which th~ Insured has agreed, assumed, or taken subject, or which is execoted by an Insured Date of Policy and which is a charge or lion on the Title, and the amount so paid sbell b~ deemed a payment m the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in actor dance with these Conditions, the payment shall be made within 30 days. 13. RIGHIS OF RECOVERY UPON PAYMENT OR SETTLEMENT Ia) Whenever the Company shall have settled and paid e claim under this policy, shall be submgated and entitle4t to the righ~ of the Insured Claimant in the Title and other rights and remedies in reapecl to the aleim thai the Insured Claimant has against an: parian or property, to the extent of the amount of any Io~s, costs, ailorney~' feel end ex p~nses paid by the Company. II~ requested by the Company, the insured Claimant shal execute documents to evidence the t~ansfer to the Company of these rights end remedies The Insured Claimant shell pa~mit the Company {o sue, compromise, or settle in the nam, of the Insured Claimanl end to use the name o~'tbe Insured Cieimen{ in any transaction o litigation involving these rights and remedies, Ifa payment on account ora claim does not fully cover the loss of the Insured Claim ant, the Company shall defer the exercise of its right to recover until after the tesure~ Claimant shall have recovered Its loss, (b) The Company's right of subrogation includes the rights of=be Insured to indemni ties, guaranties, other policies of insurance, or bonds, notwithsmndln8 any terms or eondi lions contained in those instruments that address subrogetion rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the Americal Land Title Association ("Rules"). Except as provided in the Rules, there shall be no join der or consolidation with claims or controversies of other persons. Arbitrable matters ma include, but at~ not limited to, any controversy or claim between the Company and the In sured arising out of or relating to this policy, any service in connection with its issuance the breach of a policy provision, or to any other controversy or claim arising out of th transaction giving rise to this policy, All arbitrable matters when the Amount of lnsuranc is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insure( All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shell b arbitrated only when a~reed to by both the Company end the Insured. Arbitration pursum' to this policy end under the Rules shall be binding upon the patties. Judgment upon th award rendered by the Arbitretot(I) may be entered in any court of competent j umdiotio[ IS, LIABILITY LIMITED TO THIS FOLICY~ POLICY ENTIRE CONTRAC'I Ia) This policy together with ail endorsements, if any, attached to it by the Compan is the entire policy and contract between the Insured and the Company, in interprefing an provision or=his policy, thin policy shell be eonst~eed as a whole. (b) Any claim of loss or damage that arises out of the sro=Us et'the Title or by any ac lion asserting such claim shall be restricted to this policy. (¢) Any amendment of or endorsemant to this policy must be in writing and euthanl ce=ed by an authorized person, or expressly ieeo~po~ated by gcbedul= A of thin poli~y. Id) Each endorsement to this policy issued at any time is made a pert of this polio and is subjeel m all of its terms and provisions. Excep{ as the endorsement expressl slates, it does not Ii) modify any of the terms and provisions of the poli=y, (ii) modify an prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of luau, anco. 16. SEVERABILITY In the event any provision of this policy, in who{¢ or in part, is held invalid or uner foreeable under applicable law, the policy shall be deemed not to include that provision such part held to be invalid, but ali other provisions shag remain in ~ll force and eft'et I'~. CHOICE OF LAW~ FORUM Ia) Choice of Law: The Insured acknowledges the Company has underwritten th risks covered by this policy and determined the premium charged therefor in r~liance upa the law atl'e~ting interests in teal property and applicable to the interpretation, right= remedies, o~ enforcement of policies of title insurance et'the jurisdiction where the Land located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where th Land is located to determine the validity of claims against the Title =hal are adverse m t~ Insured and to interpret and enforce the terms of this policy. In neither ease shall the c~u or arbi~ator apply its conflh;ts of law principles to determine the applicable taw. (b) Choice of Forum: Any litigation or other proceeding brought by the Insure against the Company must be filed only in a state or federal court within the United Sta{~ of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any nodee of claim end any other notice or statement in writing requited to be give to the Company under this policy must be given to the Company at Fidelity National Til insurance Company, Atto: Claims Department, P. O Box 45023, Jacksonville, Flori( 32232-5023. ALTA Owner's Policy (6117/06) w/New York coverage Endorsement Append S A N I T A R Y F L O W C R E D I T S (~ RESOLUTION 2012-735 ADOPTED DOC ID: 8156 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-735 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25, 2012: WHEREAS, on September 12, 2012, the Town of Southold purchased Fee Title to properties owned by The Nature Conservancy, Inc. (formerly owned by Manor Grove Corporation) identified as SCTM #1000-53-1-1.2 and 1.3; and WHEREAS, said purchase included a joint 50%/50% acquisition by the Town and County of 28.74 acres and a separate acquisition by the Town of 0.722 acres; and WHEREAS, 25.45 acres of said property is located within the Low-Density Residential R-80 Zoning District and 4.389 acr~ of said property is located within the Limited business (LB) Zoning District; and WHEREAS, said property is located within the Greenport School District; and WHEREAS, the deeds recorded as part of the purchases prohibit the use of the properties for any residential, commercial or industrial uses and prohibits the use of the properties for anything other than open space; and WHEREAS, as per Section 117-5 (Determination of Sanitary Flow Credit to be Deposited in the SFC Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the estimated sanitary flow credits available for transfer fi.om the above- mentioned parcels prior to the Town Board public hearings on the purchases; and WHEREAS, the I_amd Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcels following the dosing on the parcels; and WHEREAS, two (2) sanitary flow credits are available to be placed into the Town SFC Bank as a result of these purchases: one (1) fi.om the Town/County joint acquisition and one (1) from the Town acquisition; be it therefore RESOLVED that the Town Board of the Town of Southold hereby places two (2) sanitary flow credits into the Town SFC Bank from the Town's fee title purchase of the properties identified as SCTM #1000-52-1-1.2 and/11000-53-1-1.3; and, be it FURTHER RESOLVED that the Town Clerk shall enter this transfer of two (2) sanitary flow credits into the Sanitary Flow Credit Log; and, be it FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. Resolution 2012-735 Board Meeting of September 25, 2012 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 9/25/2012 10:22 PM by Elizabeth A. Neville Page 2 P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa, spiro~town.southold.ny.us Telephone (631) 765-5711 Facsimile (631 ) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box I 179 Sotahold, NY 11971-0959 To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Public Works Peconic Land Trust Suffolk Co Division of Real Estate Tax Assessors Building Department Data Processing Town Comptroller Planning Board Trustees The Nature Conservancy From: Melissa Spire, Land Preservation Coordinator Date: September 13, 2012 Re: THE NATURE CONSERVANCY, INC. to TOWN OF SOUTHOLD Part of SCTM #t 000-53.-1-1.2 Open Space Acquisition Please be advised that the Town of Southold has acquired fee title to the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 68775 Route 25 (Main Road), Greenport SCTM #: part of SCTM #1000-53.-1-1.2 PROPERTY OWNER: The Nature Conservancy, Inc. (formerly owned by Manor Grove Corporation) CONTRACT DATE: Mamh 6, 2012 PURCHASE DATE: Closing took place September 12, 2012 PURCHASE PRICE: $150,000.00 OPEN SPACE: 0.722 acre FUNDING: Community Preservation Funds MISCELLANEOUS: Planning Board approved conservation subdivision creating a 28.74 acre parcel and a 0.722 acre parcel. The County/Town pumhased the 28.74 acre pamel for open space purposes simultaneously with Town's 9/12/2012 purchase of the smaller parcel. Separate memo provides info re: County/Town pumhase. Town intends to remove all structures on property. LIPA 175 E. Old Country Road Hicksville, NY 11801 May 30, 2012 The Nature Conservancy of Long Island Center for Conservation PO Box 5125 142 State Route 114 East Hampton, NY 11937 Attn: Randall Parsons, AICP LIPA Ref# T101354385 - Electric(Meter#094968951) T101354455-- No Gas 68775 Main Road, Greenport, NY Dear Mr. Parsons; This letter is to advise you that the LIPA facilities to the above reference premises have been removed on 5/11/2012. There is No National Grid gas facilities to the above referenced premises. In accordance with the New York State General Business Law Chapter 818, Industrial Code Rule 53, please inform the demolition contractor to notify the Utility One Call Center at 1-800-272-4480, 2 to 10 days prior to starting work. If you have any questions regarding the electric service, please call our Customer Order Fulfillment office at 516-545-3137. Very truly yours, Customer Order Fulfillment AS/am MELISSA A. SPIRO e AND PRESERVATION COORDINATOR melissa, spiro @ town.southold, ny.us Telephone (631) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD October 22, 2012 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 #1000-53.-1-1.4 Dear George: Please be advised that the Town of Southold purchased fee title to a parcel now identified as SCTM #1000-53.-1-1.4 located at 68775 NYS Route 25 (Main Road) in Greenport for open space purposes by deed dated September 6, 2012. The property had very recently been purchased by The Nature Conservancy from Manor Grove Corp. after an approved conservation subdivision, then sold to the Town, and further identified within your tax bill #5781 as part of SCTM #1000-53.-1-1.2. 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 truly yours, Melissa Spiro Land Preservation Coordinator /md cc: Southold Town Assessors A E R I A L S S U R V E Y LOT 2 ALBERTSON LOT 2 N 55'33'23" E 33.43' LANE LOT 1 LOT 2 SURVEY OF LOT 1 MAP OF MANOR GROVE CORP. CONSERVATION SUBDIVISION $ITUATE ARSHAMOMAQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-53-01-P/01.2 SCALE 1 "=50' JULY 17, 2012 AREA -- $1,450 sq. ff. 0.722 ac. CERTIFIED TO: TOWN OF SOUTHOLD THE NATURE CONSERVANCY CHICAGO TITLE INSURANCE COMPANY I. THE USE OF LOT 1 IS UMITED BY COVENANTS AND RESTRICTIONS RECORDED WITH THE SUFFOLK COUN'~Y CLERK AS PART OF THIS CONSERVATION SUBDIVISION MAP. 2. THE LIMrI' OF FRESHWATER WETLANDS ARE VERY APPROXIMATE. THE LOCATIONS OF THE FRESHWATER WETLANDS ARE AS SCALED FROM AERIAL PHOTOGRAPHS AND IHFORMATION PROVIDED BY OTHERS. $. CONTOURS AND SPOT ELEVATIONS ARE SCALED FROM PRESERVATION Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fox (631)727-1727