HomeMy WebLinkAboutTNC Manor Grove (Pipes Cove Preserve) 1000-53-1-1.5
(f/k/a 1000-53-1-p/o 1.2 & 1.3)
Baseline Documentation
Premises:
650 Albertson Lane and
68775 Route 25 (Main Road)
Greenport, New York
28.740 acres
Open Space Acquisition
THE NATURE CONSERVANCY, INC.
to
COUNTY OF SUFFOLK
and TOWN OF SOUTHOLD
Deed dated September 6, 2012
Recorded September 27, 2012
Suffolk County Clerk - Liber D00012706, Page 530
SCTM #:
Premises:
Hamlet:
Purchase Price:
Funding:
CPF Project Plan:
Total Parcel Acreage:
Zoned:
Existing Improvements:
1000-53.-1-1.5
(f/k/a parts of
1000-53.-1-p/o 1.2 & 1.3)
650 Albertson Lane &
68775 Rt 25 (Main Rd)
Greenport
$1,125,000.00
The New Suffolk County
Drinking Water
Protection Program
($562,500) and 2%
Community Preservation
Funds ($562,500)
Yes
28.740 acres
(approved conservation
subdivision map)
R-80 (residential) and
LB (limited business)
Craft Shack, barn & signs
(demolished & removed
November 2012)
PROPERTY IDENTIFICATION
The subject property consists of an acreage parcel located on the northeast comer of Main Road and
Albertson Lane in Greenport (unincorporhted portion), Town of Southold, Suffolk County, New
York. The parcel is comprised of two contiguous tax lots containing an aggregate area of 29.2+
acres. The subject property is designated on the Suffblk County Tax Maps as follows: Distric~
1000, Section: 53, Block: I, Lots: 1.2 and 1.3. The subject pamel is split-zoned "R-80'and "LB"
by the Town of Southold. The "LB" portion is limited to a depth of 148+ feet north of Main Road
(approximately 2.4_+ acres), while the majority of the site is zoned "R-~0" (approximately 26.8_+_
acres). The parcel has frontages of 710_+ feet on Main Road and 625+ feet along Albertson Lane.
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Phase I Environmental Site Assessment
Mixed-Use Property
Prepared for:
68775 Main Road and 650 Albertson Lane
Greenport, NY 11944
The Nature Conservx,ancy
P.O. Box 5125
142 State Route 114
East Hampton, New York 11937
Suffolk County Department of Environment and Energy
Division of Real Property Acquisition and Management
H. Lee Denision Building - 2~a Floor
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788-0099
Town of Southold
53095 New York State Route 25
P.O. Box 1~79
Southold, New York 11971
Prepared by:
and Landscape Architecture, P.C
Engineering,
Surveying
2150 Joshua's Path - Suite 300
Hauppauge, New York 11788
March 25, 2010
Engineering, Surveying and Landscape Architecture, PC
Executive Summary
This document is a Phase I Environmental Site Assessment ("ESA') prepared to
determine evidence of recognized environmental conditions ("RECs') and/or
potential enviromrtental concerns ("PECs') in connection with the mixed-use
property located 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
(a.k.a., 1.2) and 001.003 (a.k.a., 1.3) on the Suffolk County tax maps.2 The elevation of
the subject property ranges from sea level to approximately 11 feet above mean sea
level ("amsl'). The approximate depth to gronndwater 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 near the
northeastern corner of the property, to grade surface at Arshamonaque Pond and
associated marshland areas. Groundwater is expected to flow generally southwest
toward Arshamonaque Pond and associated marshland areas, with variations due to
tidal fluctuations.
VHB was able to establish a history for the property dating back to at least 1954.
According to a review of Town/County records and historic aerial photographs, as
well as persom~el interviews, the subject property was partially utilized for
agricultural purposes from as early as 1954 through at least 1976, with a residence,
bam and garage, located on the additional portions of Lot No. 1.2. Remaining areas
of the subject property consisted of undeveloped woodlands, marshlands and a
pond. By 1957, the existing retail shop had been constructed for use as a farm stand.
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 subject property is currently developed with a retail shop located on Lot 1.2. The
retail shop, which was historically utilized as a farm stand is currently occupied by a
·
'~'~gi~'O&~i'Wig¥'i~'~'i~'g~ii~'~i'~gi~F, ii~ii 5i~: i~ted beiween the Incorporated Village of Greenpori and the Hamlet of
Soulhold. Greenport West shares a zip code with the Incorporated Village of Greenpod. The area in which the subject
I~ropedy is located is also identified by the name Arshamonaque.
The subject properly as defined in this Phase I ESA is the lwo identified tax lots, excluding a 20 foot wide strip along
portions of the northeastern and southeastern property boundary which are to be conveyed to the adjacent properly
owner (Costas), and a 31,450 square foot rectangular area at the easbcentral portion of the properly (currently developed
with a residence, garage and barn) to be retained by The Nature Conservancy. These areas are shown on the Apdl 23,
2009 site sun/ey (Figure 2B).
Executive Summary
Engineering, Surveying and Landscape Architecture, P.C.
retail tenant and utilized as an antiques shop. A gravel driveway is located adjacent
to the retail shop.. Lawn/landscaped areas are located surrounding the building,
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 was one REC identified with regard to the subject site. RECs
are those conditions, which could adversely affect the environmental integrity of the
property. The identified REC is surm'narized below:
Given the history of agricultural use at the property, it is likely that pesticides
and/or fuel oils (as a dispersant 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.
Based upon the above findings and conclusions, 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
on-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, if any, of accumulated pesticides (e.g., pesticides, semi-volatile
organic compotmds ("SVOCs'), and 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.
In addition to the aforementioned RECs, VHB identified several envii'onmental
concerns. The environmental concerns and VHB's recommendations are
sunm~arized as follows:
The site inspection identified the presence of a discarded approximately 550-
gallon tank in the overgrown area northwest of the retail shop. The location of
the tank should be confirmed with respect to the boundary between the subject
property and the remainder of Lot No. 1.2. If the tank is determined to be
located on the subject property, it should be removed from the site and properly
disposed in accordance with applicable regulations. It should be noted, that
although the capacity of the identified tank is less 1,100-gallons, as it is located on
a portion of the larger Lot No. 1.2, additional tanks present on the remaining
areas of the lot, may require this tank to be registered in accordance with 6
NYCRR Part 612 - Registration of Petroleum Storage Facilities and Suffolk
County Department of Health Services, "SCDHS") Article 12 regulations.
Engineering, Surveying and Landscape Architecture, P.C
As the interior of the retail shop was not accessible at the time of the site
inspection, VHB makes no representations regarding the presence of suspect
polychlorinated biphenyl ("PCB')-containing fluorescent light ballasts within
this building. Based on the age of the structure, fluorescent light ballasts (it
present) have the potentiaJ to contain PCBs. As such, VHB 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 potential for environmental contamination and potential liability for cleanup
of any environmental release of PCBs from the ballasts.
The lead content of the retail store building paint is unknown, but due to the age
of the building, the presence of lead-based paint ("LBP') 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.
No asbestos-containing materials ("ACM") were identified on the exterior of the
retail shop or elsewhere on the property at the time of the site inspection. As the
interior of the retail shop was not accessible at the time of the site inspection,
VHB makes no representations regarding the presence of ACM within th/s
building. However, due to the age of the building, it is possible that roofing and
other (inaccessible) building materials may contain asbestos.
If activities in the building (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 southern
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 New York State Department of
Environmental Conservation ("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 adjacent areas, including: the
construction, reconstruction, and or expansion of structures; movement of earth
material; and land clearing. Federal wetlands are protected under the
iii Executive Summary
Engineering, Surweying and Landscape Architecture, P.C.
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.
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 wetlemds 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.
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 uke and development of the property.
Federal Emergency Management Agency ("FEMA") Flood Insurance 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-year flood zone. In
addition, areas with higher elevations along Main Road are located within the
500-year flood zone. This indicates that there is a significant risk of flooding at
the subject property. Although, flooding does not specifically represent an
enviromnental risk, the property's location within the flood zone will likely
impact and/or restrict its future use and development.
ure 1 - Site Location
Street Atlas USA® 2005
e S~bject to license.
Street AUas USA® 2005
FIGURE 2A - SITE AERIAL
S 'i'~: NAME: MapJe Grove Corporation Property
STREET ADDRESS: NYS Route 25 and Albertson Lane
~IN¢CIPALITY, STATE, ZIP: Greenport, NY 11944
PR~- JECT NUMBER: 28088.00
SC,~LE: As Shown
AL,B.!~RTSON LANE
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: 28085.00
SCALE: As Shown
~ ,~ .
~ IT~ N~ME: M~plo Grovo Oorpomtlon Propo~y ,
~INIClPALI~, sTA~E, ZiP' Greenpod, NY 11944
~.o~c~.u~.~.: ~o~.oo~z
I
As Shown
MILE
FIGURE 4 - TOPOGRAPHIC MAP
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
.1¢ ...... -:"
FIGURE 5 - WATER TABLE ELEVATION MAP
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
FIGURE 6 - ALDICARB CONTAMINATION IN GROUNDWATER
SITE NAME: Maple Grove Corporation Property
.S__TREET ADDRESS: NYS Route 25 and A bertson Large
MINICIPALiTy, STATE, ZIP: Greenport, NY 11944
PROJECT NUMBER: 28088.00
SCALE:/ks Shown
FIGURE 7 - NITRATE CONTAMINATION IN GROUNDWATER
SITE NAME: Maple Grove Corporation Property
STREET ADDRESs: NYS Route 25 and Aibertson Lane
MINICIPALiTY, STATE, ZIP: Greenport, NY 11944
PROJECT NUMBER: 28088.00
SCALE: As Shown
Engineering, Sl~rvtg,ing a~d Landscape Architeclure, 196'.
View of the retail shop, looking northwest across Main Road.
~View of the retail shop, looking southeast toward Main Road.
Engineering, S~trvcs,ing and Landscape Architecture, PC
.Photograph No. 3: View of former agricultural fields at the northeastern portion
of the subject property.
Pho~.~rat)h No. 4: View of wooded wetland areas on the western portions of
the subject property.
Engineerit&g, Sitrz,eying a~zd Lanclscape A rchitecture,
Photograph No. 5: View of the residence and barn located on the adjoining
portions of Lot 1.2.
~View of a high voltage electric utility tower located on the
est-central portion of the subject property.
EngirteerD~g, $~rvcS,i~~ and Landscape Architeccz~tv.
~View of the electrical substation adjacent to the north of the
subject property.
~View of the welding supply business located across Main Road
to the east of the subject property, looking
Road and AIbertsons Lane. east from the intersection of Main
h~lg~nee~ t~lg, S'ztt z;<9,tng a~d Latldscape Arcbitectt~re. PC
~View of the 550-gallon AST located in the Overgrown area
northwest of the retail shop building.
~. 10: View of "antiques" and assorted items on the southern
exterior of the retail-shop.
~View of discarded farm
portion of the subject property, equipment on the northeastern
~ View of Arshamonaque Pond and associated marshland
areas on the western portions of the subject prOperty and adjacent properties.
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RESOLUTION 2010-108
ADOPTED
DOC ID: 5659
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-108 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 19, 2010:
RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and
Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of
Southold hereby sets Tuesday, February 2, 2010, at 4:35 p.m., Southold Town Hall, 53095 Main
Road, Southold, New York as the time and place for a public hearing for the purchase of
properties from The Nature Conservancy, contract vendee for the properties o~vned by Manor
Grove Corp. Said properties are identified as p/o SCTM #1000-53-1-1.3 and p/o SCTM#1000-
53-1-1.2. The area to be purchased is approximately 27.36== acres of the total property area,
which excludes from the purchase an area of approximately 0.72 acres which includes the
existing residential building and 2 accessory barns, as well as an area of approximately 0.38==
acres which is involved in a lot line modification. The addresses of the properties are 650
Albertson Lane and 68775 Route 25, respectively, in Greenport, New York. The properties are
located within the R-80 and LB zoning districts.
The proposed acquisition is for the Town of Southold to acquire a fifty percent (50%) undivided
interest in and to the approximately 27.36== acre property and for the County of Suffolk to
acquire the remaining fifty percent (50%) undivided interest in and to the approximately 27.36==
acre property, as tenants-in-common for open space purposes. The exact area of the purchase is
subject to survey. The total purchase price is $1,125,000 (one million one hundred twenty five
thousand dollars) and such purchase price will be divided equally in the respective amounts of
$562,500 by the Town of Southold and $562,500 by the County of Suffolk. The purchase will
be funded by the Town's Community Preservation Fund and the County of Suftblk in a
50%/50% partnership which will include the purchase price and any related acquisition costs
associated with the purchase of these parcels.
The properties are listed on the Town's Community Preservation Project Plan as property that
should be preserved for purposes of open space, nature preserves, passive recreational areas,
wetland protection, significant biological diversity protection and furtherance of a greenbelt. The
purpose of this acquisition is for open space protection, passive recreational purposes, wetland
and biological diversity protection and to expand the existing preservation and protection efforts
of the Town and County within the Pipes Cove Area. Proposed uses of the property may include
the establishment of a nature preserve, passive recreational area with trails, and limited parking
for access purposes, all subject to a Management Plan which will be developed for this property.
The Land Preservation Coordinator has review the acquisition in accordance with Chapter 117
(Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary
Flow Credits may be available for transfer from the properties upon the Town and County's
purchase o f the properties. The County of Suffolk will determine the number of Sanitary Flow
Credits available from the properties. The Sanitary Flow Credits will be divided equally between
the Town and County. The transfer of the Sanitary Flow Credits allotted to the Town will not be
finalized, and shall not occur, until the Town closes on the properties~ 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
parcels 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.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans
ABSENT: Scott Russell
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17
(Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code,
the Town Board of the Town of Southold hereby sets Tuesday, February 2, at 4:35
p.m, Southold Town Hall, 53095 Main Road, Southold~ New York as the time and
place for a public hearing for the purchase of properties from The Nature
Conservancy, contract vendee for the properties owned by Manor Grove Corp. Said
properties are identified as p/o SCTM #1000-53-1-1.3 and p/o SCTM#1000-53-1-1.2.
The area to be purchased is approximately 27.36± acres of the total property area, which
excludes from the purchase an area of approximately 0.72 acres which includes the
existing residential building and 2 accessory barns, as well as an area of approximately
0.38± acres which is involved in a lot line modification. The addresses of the properties
are 650 Albertson Lane and 68775 Route 25, respectively, in Greenport, New York. The
properties are located within the R-80 and LB zoning districts.
The proposed acquisition is for the Town of Southold to acquire a fifty percent (50%)
undivided interest in and to the approximately 27.36± acre property and for the County of
Suffolk to acquire the remaining fifty percent (50%) undivided interest in and to the
approximately 27.36± acre property, as tenants-in-common for open space purposes. The
exact area of the purchase is subject to survey. The total purchase price is $1,125,000
(one million one hundred twenty five thousand dollars) and such purchase price will be
divided equally in the respective amounts of $562,500 by the Town of Southold and
$562,500 by the County of Suflblk. The purchase will be funded by the Town's
Community Preservation Fund and the County of Suffolk in a 50%/50% partnership
which will include the purchase price and any related acquisition costs associated with
the purchase of these parcels.
The properties are listed on the Town's Community Preservation Project Plan as property
that should be preserved for purposes of open space, nature preserves, passive
recreational areas, wetland protection, significant biological diversity protection and
furtherance of a greenbelt. The purpose of this acquisition is for open space protection,
passive recreational purposes, wetland and biological diversity protection and to expand
the existing preservation and protection efforts of the Town and County within the Pipes
Cove Area. Proposed uses of the property may include the establishment of a nature
preserve, passive recreational area with trails, and limited parking for access purposes, all
subject to a Management Plan which will be developed for this property.
The Land Preservation Coordinator has review the acquisition in accordance with
Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold,
Section 117-5. Sanitary Flow Credits may be available for transfer from the properties
upon the Town and County's purchase of the properties. The County of Suffolk will
determine the number of Sanitary Flow Credits available from the properties. The
Sanitary Flow Credits will be divided equally between the Town and County. The
transfer of the Sanitary Flo;v Credits allotted to the Town will not be finalized, and shall
not occur, tmtil the To;vn closes on the properties, 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 parcels 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: January 19, 2010
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON January 28, 2010 AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Land Preservation
Town Board Members
Comptroller
Town Attorney
Town Clerk's Bulletin Board
SOUTHOLD TOWN BOARD
PUBLIC HEARING
February 2, 2010
4:35 PM
Present:
Supervisor Scott Russell
Justice Louisa Evans
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Vincent Orlando
Councilman Christopher Talbot
Town Clerk Elizabeth Neville
Town Attorney Martin Finnegan
This hearing was opened at 4:57 PM
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural
Lands) of the Town Code, the Town Board of thc To~vn of Southold hereby sets
Tuesda¥~ Februarv 2~ at 4:35 p.m, Southold Town HalL 53095 Main Road~
Southold~ New York as the time and place for a public hearing for the purchase of
properties from The Nature Conservancy, contract vendee for the properties owned by
Manor Grove Corp. Said properties are identified as p/o SCTM #1000-53-1-1.3 and p/o
SCTM#1000-53-1-1.2. The area to be purchased is approximately 27.36± acres of the
total property area, which excludes from the purchase an area of approximately 0.72
acres which includes the existing residential building and 2 accessory barns, as well as an
area of approximately 0.38± acres which is involved in a lot line modification. The
addresses of the properties are 650 Albertson Lane and 68775 Route 25, respectively, in
Greenport, New York. The properties are located within the R-80 and LB zoning
districts.
The proposed acquisition is for the Town of Southold to acquire a fifty percent (50%)
undivided interest in and to the approximately 27.36± acre property and for the County of
Suffolk to acquire the remaining fifty percent (50%) undivided interest in and to the
approximately 27.36± acre property, as tenants-in-common for open space purposes. The
exact area of the purchase is subject to survey. The total purchase price is $1,125,000
(one million one hundred twenty five thousand dollars) and such purchase price will be
divided equally in the respective amounts of $562,500 by the Town of Southold and
$562,500 by the County of Suffolk. The purchase will be funded by the Town's
Community Preservation Fund and the County of Suflblk in a 50%/50% partnership
which will includc thc purchase price and any related acquisition costs associated with
the purchase of these parcels.
The properties are listed on the Town's Community Preservation Project Plan as property
Manor Grove Property Purchase Public Hearing 2
February 2, 2010
that should be preserved for purposes of open space, nature preserves, passive
recreational areas, wetland protection, significant biological diversity protection and
furtherance of a greenbelt. The purpose of this acquisition is for open space protection,
passive recreational purposes, wetland and biological diversity protection and to expand
the existing preservation and protection efforts of the Town and County within the Pipes
Cove Area. Proposed uses of the property may include the establishment of a nature
preserve, passive recreational area with trails, and limited parking for access purposes, all
subject to a Management Plan which will be developed for this property.
The Land Preservation Coordinator has review the acquisition in accordance with
Chapter l 17 (Transfer of Development Rights) of the Code of the Town of Southold,
Section 117-5. Sanitary Flow Credits may be available for transfer f¥om the properties
upon the Town and County's purchase o f the properties. The County of Suffolk will
determine the number of Sanitary Flow' Credits available from the properties. The
Sanitary Flow Credits will be divided equally between the Town and County. The
transfer of the Sanitary Flow Credits allotted to the Town will not be finalized, and shall
not occur, until the Town closes on the properties, 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 parcels of land is on file in Land Preservation Department, Somhold Town
Hall Annex, 54375 Rome 25, Somhold, New York, and may be examined by any
interested person during business hours.
We have the notification by the Town Clerk's office on the bulletin board, it has been
noticed in the legal section of the local newspaper. There is memorandum note from the
LWRP coordinator, another one from the Town Board of the Town of Southold regarding
the principal planner, LWRP coordinator, just information from the Town Board.
SUPERVISOR RUSSELL: At this time [ would invite anybody to come up and address
the Town Board on the issue of this particular acquisition. I see Randy here, Melissa.
Melissa first.
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land
Preservation Coordinator. Not to repeat everything but I would just like to point a couple
of things out. Both the Town and the County have been working for years towards the
purchase of these properties and others within the Pipes Cove area. The Manor Grove
property is adjacent to and in the vicinity of other preserved lands bm we just show the
Pipes Cove area and the Pipes Cove greater area. We show that on this map or these
maps up here. Purchase of the property will further the preservation efforts we have been
doing in this area, in addition to allowing for the expansion of existing nature trails that
we have in the area. The Nature Conservancy has been facilitating this project under a
contract the town has with them as they have been doing the same for most of the
properties in the Pipes Cove area. The property includes a residential dwelling, it is not
part of the purchase. The Nature Conservancy is already in contract to purchase the
entire property from Manor Grove corporation with the intent to sell the property back to
the Town and the County fbr open space purposes after subdividing the existing dwelling
Manor Grove Property Purchase Public Hearing 3
February 2, 2010
out. The purchase will be shared equally by the Town and the County and the Town is
funding it or will be funding it through the Community Preservation Funds. The Land
Preservation Committee is in favor of continuing the efforts we have had in the Pipes
Cove are and they recommend that the Town Board proceed with this purchase. Randy
Parsons from the Nature Conservancy is here, he has put a lot of effort into this and he is
here to address any questions or concerns the Town Board or the public has in regard to
this project. Thank you.
SUPERVISOR RUSSELL: Thank you. Would anyone else like to come up and address
the Town Board on the issue of acquisition of this parcel'?
BENJA SCHWARTZ: If nobody else is interested? I am Benja Schwartz from
Cutchogue and the Pipes Cove area, I have spent some time sailing by there and the
Greenport harbor and I am in favor of any natural preservation, preservation of property
on the north fork. I don't really have anything particular specifically to say about this
property except it is part of our region which is, you know, includes marshes and
wetlands which are second only to rain fbrests in their biological productivity and I was
at the meeting on the nexv comprehensive plan for Southold Town last night and I
happened to talk with a real estate agent there. When 1 proposed that xve should perhaps
try to encourage eco-tourism, she responded xvhat are we going to give them, tours of the
dump'? Well, you know, we have got a lot more important environments here, although
the area at the landfill is part of our natural or environmental although it has been
corrupted by a lot of waste there, I think that in the past we had an idea that we could just
keep dumping our waste, dumping our xvaste. Well, thank god we have moved past that
idea. The dump filled up and New York State put an end to our dumping, so now we
have a transfer station. Unfortunately in toxvn we still have a long way to go and we xvill
be talking later about the comprehensive plan but this is an important part of the
programs xvhich may lead to a sustainable environment and economy here in Southold
Town. l am in support of this. Thank you.
SUPERVISOR RUSSELL: Mr. Copertino?
Inaudible comments from audience.
MS. SPIRO: Well, this whole area is all Pipes Cove here. Here is Pipes Neck Road
(inaudible) and all these properties (inaudible)
MR. COPERT1NO: Is that preserved now? The property just north of Pipes Cove?
MS. SP1RO: These properties in green are all preserved properties.
SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on the
issue of this acquisition?
JIM DUGGAN: Jim Duggan, East Marion. Have you noticed the tree pruning services
coming from Orient to Southold?
Manor Grove Property Purchase Public Hearing 4
February 2, 2010
SUPERVISOR RUSSELL: Ehe what services'?
MR. DUGGAN: The tree pruning services that is going on.
SUPERVISOR RUSSELL: The state? Because the town is out pruning now.
MR. DUGGAN: Well, whoever is doing it. Do we have any input at all?
SUPERVISOR RUSSELL: We tried to. We actually have a gentleman who works in the
highway department that has been very active in trying to get the state and in some cases,
subcontractors, to do the right thing. Unfortunately it is their right of way. And they
maintain stewardship of their right of way. But we certainly try to have as much input as
we can. We have a very active tree committee that tries to also guide them in the right
direction but make no mistake, they are not artists when they are out trimming trees, we
know that.
MR. DUGGAN: I know nothing about horticulture or anything like that but it really,
really looks like they are decimating our trees along that route. So maybe we could just
check up on them ....
SUPERVISOR RUSSELL: Absolutely.
MR. D[JGGAN: And see it' they are actually tree experts and just not people because it
doesn't appear to me, who is certainly untrained, that they are doing a great job.
SUPERVISOR RUSSELL: Okay. Absolutely. Would anybody' else like to comment on
this acquisition'?
CARA WELLS: My name is Cara Wells and I think this is a very important extension of
the Nature Conservancy's Pipe Cove project and instrumental of the maintenance of
clean water and sustainable fisheries, so I really think this is an important acquisition and
I heartily agree with it. And they are butchering the trees.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on the
acquisition? (No response)
This hearing was closed at 5:11 PM
Elizabeth A. Neville
Southold Town Clerk
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Southold Town Board - Letter Board Meeting of February 2, 2010
RESOLUTION 2010-161
ADOPTED
Item # 5.43
DOC ID: 5691
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-161 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 2, 2010:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of open space fee title on certain parcels of property from The Nature Conservancy,
contract vendee for the properties owned by Manor Grove Corp. on the 2nd day of February,
2010, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM #1000-53.-1-1.3 and part of SCTM
#1000-53.-1-1.2. The addresses are 650 Albertson Lane and 68775 Route 25, respectively, in
Greenport. The properties are located in the R-80 and LB zoning districts at the northeasterly
intersection of NYS Route 25 and Albertson Lane in Greenport, New York; and
WHEREAS, the purchase comprises a part of the properties consisting of approximately 27.364-
acres (subject to survey) of the total property area, which excludes fi'om the purchase an area of
approximately 0.72± acre which includes the existing residential building and 2 accessory barns,
as well as an area of approximately 0.384- acre which is involved in a lot line modification. The
exact area of the open space fee title purchase is subject to a survey acceptable to the Land
Preservation Committee, the County of Suffolk, and The Nature Conservancy (contract vendee);
and
WHEREAS, the proposed acquisition is tbr the Town of Southold to acquire a fifty percent
(50%) undivided interest in and to the approximately 27.364- acre property and for the County of
Suffolk to acquire the remaining fifty percent (50%) undivided interest in and to the
approximately 27.36± acre property, as tenants-in-common for open space purposes. The total
purchase price is $1,125,000 (one million one hundred twenty-five thousand dollars) and such
purchase price will be divided equally in the respective amounts of $562,500 by the Town of
Southold and $562,500 by the County of Suffolk. The purchase will be funded by the Town's
Community Preservation Fund and the County of Suftblk in a 50%/50% partnership which will
include the purchase price and any related acquisitions costs associated with the purchase of
these parcels; and
WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as
properties that should be preserved for purposes of open space, nature preserves, passive
recreational areas, wetland protection, significant biological diversity protection and furtherance
of a greenbelt. The purpose of this acquisition is for open space protection, passive recreational
purposes, wetland and biological diversity protection and to expand the existing preservation and
protection eftbrts of the Town and County within the Pipes Cove Area. Proposed uses of the
Generated February 3, 2010 Page 2
Southold Town Board - Letter Board Meeting of February 2, 2010
property may include the establishment of a nature preserve, passive recreational area with trails,
and limited parking tbr access purposes, all subject to a Management Plan which will be
developed fbr this property; and
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. Sanitary Flow Credits may be available for transfer from the properties upon the Town
and County's purchase of the properties. The County of Suffolk will determine the number of
Sanitary Flow Credits available from the properties. The Sanitary Flow Credits will be divided
equally between the Town and County. The transfer of the Sanitary Flow Credits allotted to the
Town will not be finalized, and shall not occur, until the Town closes on the properties, and the
Town Board passes a resolution allowing the transfer into the Town TDR Bank; and
WHEREAS, the purchase of the development rights on this property is in confbrmance with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space
Preservation) of the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program
("LWRP") and the LWRP Coordinator recommends that this action is consistent with the
LWRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire an open space fee title pumhase; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase fee title on this open space land; and,
WHEREAS, 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,
WHEREAS, 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
tbr 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 open space land from The Nature Conservancy, contract vendee tbr the properties owned by
Manor Grove Corp., identified as part of SCTM #1000-53.-1 1.3 and part of SCTM #1000-53.-1-
1.2. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency
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Southold Town Board - Letter Board Meeting of February 2, 2010
Review) of the Town Code and thc Town Board determines that this action is consistent with the
LWRP.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Generated February 3, 2010 Page 4
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by A~plicant or Project Sponsor)
1. APPLICANT/SPONSOR 212. PROJECT NAME
3. PROJECT LOCATION:
4. PRECISE LOCATION Street address and road ntersections, prom nent andmarks, etc. or provide map)
5. PROPOSEDACTtON IS:
'~New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY: ! ' -- .~--~ .~,,"~ I~ .....
7. AMOUNTOF ~NDAF[ECTED:
Initially ~ acres Ultimately~,~. ~,~ acres
8. ~LL PROPOSED ACTION COMPLY ~TH ~ISTING ZONING OR OTHER EXISTING ~ND USE RESTRICTIONS?
~es No, des~be briefly
No
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
De~eSidential [~ndustdal [~Commercial
[~Agdcullure J~ Park/Forest/Open Space [] Other
¸10.
11.
DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[] No If Yes, list agency(s) name and permit/approvals:
DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAL D PERMIT OR APPROVAL?
[] Yes [] No If Yes, list agency(s) name and permiVapprovals:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODiFiCATiON?
~]Yes ~[~No
' : ]~/~h~'~/ ~1/~0 . ~I~,¢~t-'~C'.,~C*I'V~,.~ (~.e~'(~J~l:l Date'
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the
I
Coastal Assessment Form before proceeding with this assessment
OVER
,~RT II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF.
B. 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,
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOVVING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise revels, existing traffic pattern, solid waste pmducfion or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
C3~ Vegetation or fauna, fish, shellfish or wildlile species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of }and or other natural resources? Explain briefly:
Cfi. Growth, subsequent development, or related acfi~ifies likely to be induced by the proposed action? ~lain hdefly:
C6. Long term, shod term, cumulative, or other effects not identified in Cl -C57 Explain briefly:
C7. Other impacts {including change$ in use of either q uan§ty or t~e of energy)? Explain bdefly:
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
[] Yes I/~I~ No If Yes, explain briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [~o If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
suffident detail to show that all relevant adverse impacts have been identified and adequately addressed. It question D of Part ti was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
] Check this box if have identified one or more potentially large or significant adverse impacts which MAY occur, Then proceed directly to the FULL
you
EAF and/or prepare a positive declaration.
[~ Check this box if you have determined, based on the inform ation and analysis above and any suppoding documentation, that the proposed action WILL
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessarT, the reasons supporting this determination
Name of Lead Agency
Signa'~fi'e'~,'Responsible Officer in Lead Agency
Date
Signatur"~of Pre-parer (if different'from responsihle officer)
OFFICE LOCATION:
Town Hall 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
To:
From:
MEMORANDUM
Town of SOuthold Town Board
Mark Terry, Principal Planner
LWRP Coordinator
FEB -2 OlO 1i 5,'
L--
Date: February 2, 2010
Re:
Manor Grove Corp.: Purchased of approximately 27.36+ acres of the total
property area, which excludes from the purchase an area of approximately 0.72
acres which includes the existing residential building and 2 accessory barns, as
well as an area of approximately 0.38+ acres which is involved in a lot line
modification.
Location: 650 Albertson Lane and 68775 Route 25, respectively, in Greenport,
New York.
SCTM# plo SCTM #1000~53-1-1.3 and plo SCTM#1000-53-1-1.2.1000-
Zoning District R-80 and LB
The action involves the purchased of approximately 27.36+ acres of the total property
area, which excludes from the purchase an area of approximately 0.72 acres which
includes the existing residential building and 2 accessory barns, as well as an area of
approximately 0.38+ acres which is involved in a lot line modification.
The action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold 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
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Intro. Res. No. 1471-2010 Laid on Table 4/27/2010
Introduced by Presiding Officer, on request of the County Executive and Legislator Romaine
RESOLUTION NO. 406 -2010, AUTHORIZING THE
ACQUISITION OF LAND UNDER THE NEW SUFFOLK
COUNTY DRINKING WATER PROTECTION PROGRAM
(EFFECTIVE DECEMBER 1, 2007) OPEN SPACE
COMPONENT - FOR THE NATURE CONSERVANCY AS
CONTRACT VENDEE PROPERTY MANOR GROVE
ARSHAMOMAQUE WETLANDS ADDITTION TOWN OF
SOUTHOLD - SCTM NOs. 1000-053.00-01.00-001.003 AND
1000-053.00-01.00-001.002 p/o)
WHEREAS, Local Law No. 24-2007, "A Charter Law Extending and Accelerating
the Suffolk County %% Drinking Water Protection Program for Environmental Protection,"
Section C12-2(A)(1) authorized the use of 31.10 percent of sales and compensating tax
proceeds generated each year for environmental protection, as determined by duly enacted
Resolutions of the County of Suffolk; and
WHEREAS, adequate funding is provided for, pursuant to Section C12-2(A)(1) of
the SUFFOLK COUNTY CHARTER, from 31.10 percent of the sales and compensating tax
proceeds, for the acquisition of such land; and
WHEREAS, Resolution No. 877-2005, authorized planning steps for the
acquisition of said property; and
WHEREAS, the Town of Southold ("Town") has approved Resolution No. 61-
2010 on February 2, 2010, authorizing the acquisition of the subject property in partnership with
the County of Suffolk; and
WHEREAS, the Environmental Trust Review Board has reviewed the appraisals
and the report of the internal Appraisal Review Board and has approved the purchase price and
authorized the Director of Real Properly Acquisition and Management to negotiate the
acquisition; and
WHEREAS, based upon the Environmental Trust Review Board approved value,
an offer to acquire the subject property was made to and accepted by the owner of said
property; and
WHEREAS, contracts to acquire said property were prepared by the office of the
County Attorney, executed by the owner of the subject property, the Town, and the Director of
Real Property Acquisition and Management and approved as to legality by the Office of the
County Attorney; and
WHEREAS, on November 20, 2007, Suffolk County, as SEQRA Lead Agency, in
Resolution No. 1083-2007, issued a SEQRA negative declaration in connection with the
proposed future acquisitions of properties for the preservation of open space for passive park
purposes as set forth in Resolution No. 625-2004 - Mastic/Shirley Conservation Area Phase I
and Resolution Nos. 621-2004 and/or 877-2005 - Master Lists I and II Repods, respectively;
and
WHEREAS, the following property(s), as described in the 1st Resolved, is listed
in Resolution No. 625-2004 - Mastic/Shirley Conservation Area Phase I and/or Resolution Nos.
621-2004 and/or 877-2005 - Master Lists I and/or II Reports, respectively; now, therefore be it
1st RESOLVED, that the County of Suffolk hereby approves the acquisition of the
subject property set forth below under the New Suffolk County Drinking Water Protection
Program, effective as of December 1, 2007, Open Space component, for a total purchase price
of One Million One Hundred Twenty Five Thousand Dollars ($1,125,000.00), which cost is to be
shared by the County of Suffolk and the Town, with the County of Suffolk's share, totaling Five
Hundred Sixty Two Thousand Five Hundred Dollars ($562,500.00), for a fifty percent (50%)
undivided interest; and the Town's share, totaling Five Hundred Sixty Two Thousand Five
Hundred Dollars ($562,500.00), for a fifty percent (50%) undivided interest, subject to a final
survey; and hereby authorizes additional expenses, which shall include, but not be limited to,
the cost of surveys, appraisals, environmental audits, title reports and insurance, and tax
adjustments:
SUFFOLK COUNTY
PARCEL: TAX MAP NUMBER: ACRES:
No. t District 1000 27.36_+
Section 053.00
Block 01.00
Lot 001.003
REPUTED OWNER
AND ADDRESS:
The Nature Conservancy
as Contract Vendee
1815 North Lynn Street
Arlington, VA 22209
District 1000
Section 053.00
Block 01.00
Lot 001.002 plo
and be it further
2"'~ RESOLVED, that the Director of the Division of Real Property Acquisition and
Management and/or her designee, is hereby authorized, empowered, and directed, pursuant to
Section C42-3(C)(3) of the SUFFOLK COUNTY CHARTER, to acquire the parcel(s) listed
herein above from the reputed owner, the funding for which shall be provided under the New
Suffolk County Drinking Water Protection Program, effective as of December 1, 2007, Open
Space component, Section C12-2(A)(1) of the SUFFOLK COUNTY CHARTER, for Five
Hundred Sixty Two Thousand Five Hundred Dollars ($562,500100), subject to a final survey,
said amount representing the County's share of the total purchase price; and be it further
3rd RESOLVED, that the County Comptroller and County Treasurer are hereby
authorized to reserve and to pay $562,500.00, subject to a final survey, from previously
appropriated funds in Capital Project 525-8712.210 for the New Suffolk County Drinking Water
Protection Program, effective as of December 1, 2007, Open Space component, Section C12-
2(A)(1) of the SUFFOLK COUNTY CHARTER, for this acquisition; and be it further
4m RESOLVED, that the title to this acquisition shall be held by the County of
Suffolk and the Town, as tenants-in-common, each owning an undivided fifty percent (50%)
interest; and, be it further
Sth RESOLVED, that the Director of the Division of Real Property Acquisition and
Management and/or her designee; the County Planning Department; and the County
Depadment of Public Works are hereby authorized, empowered, and directed to take such
actions and to pay such additional expenses as may be necessary and appropriate to
consummate such acquisition, including, but not limited to, securing appraisals, title insurance
and title reports, obtaining surveys, engineering repods and environmental audits, making tax
adjustments and executing such other documents as are required to acquire such County
interest in said lands; and, be it further
6t~ RESOLVED, that pursuant to Section C12-2(A)(2)(c) this property is not to be
developed and One (1) Workforce Housing Development Rights, representing the County's
percent (%) interest in the total number of development rights allocated to the property, shall be
removed and placed in the Suffolk County Workforce Housing Transfer of Development Rights
Program registry pursuant to the Workforce Housing Development Rights Program as
developed by the Department of Planning, consistent with Resolution No. 412-2005, as
amended, and approved by the Suffolk County Executive and the Suffolk County Legislature;
and, be it further
7th RESOLVED, that the acquisition of such parcel(s) meets the following criteria as
required under Section C12-2(A)(1) of the SUFFOLK COUNTY CHARTER:
a.) freshwater/tidal wetlands and buffer lands for same; and, be it fudher
8th RESOLVED, that the subject parcel(s) shall be transferred to the County
Department of Parks, Recreation and Conservation for passive recreational use; and be it
further
9t" RESOLVED, that the Director of the Division of Real Property Acquisition and
Management is hereby authorized to negotiate and to enter into any necessary collateral
agreements with the Town to effectuate the terms of this resolution; and be it further
10th RESOLVED, if desired, the County of Suffolk, through ils Department of Parks,
Recreation and Conservation is hereby authorized to negotiate and to enter into a municipal
cooperation agreement with the Town for the management of this acquisition, consistent with
this program, and the terms and conditions thereof shall be approved by the Suffolk County
Attorney in consultation with the respective Commissioner of the County Department of Parks,
Recreation and Conservation, who is charged with the management and operation of said
property; and be it further
11th RESOLVED, that this Legislature, being the State Environmental Quality Review
Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type II
Action pursuant to 6 NYCRR Sections 6175(c)(20) and (27) of the New York Code of Rules and
Regulations since such actions are simply legislative decisions administering and implementing
the acquisition of property for passive park purposes which will mainly result in a beneficial
impact and for which SEQRA Determination of Non-Significance has already been issued in
Suffolk County Resolution No. 1083-2007.
DATED: May 11, 2010 //~ /~/~'¢
Count~ o'l'~uffo¥~ C o u n,~
4
SUFFOLK COUNTY
County Legislature
RIVERHEAD, NY
This ix to Certify That I, TIM LAUBE, Clerk of the County
Legislature of the County of Suffolk, have compared the foregoing copy of
resolution with the original resolution now on file in this office, and
which was duly adopted by the County Legislature of said County on
Hay 11, 2010 and that the same is a true and
correct transcript of said resolution and of the whole thereof.
In ~Vf, tness ~/Vfie~-eof, ! have hereunto set my hand and the
official seal of the County Legislature of the Coun,ty of Suffolk.,
Clerk of the Legislature
Schneiderman. Browning. Muralore. Losquadro
Eddington. Montano. Cilrni. LirKIsay. Viloda-Fisher. Bar~aga.
Kennedy. Nowick. Horsley. Gregory. Stem. D'Amaro. Cooper
Second:
Schneiderman. Browning. Muratore. sl~dro
Romaine.
Eddington. Montano. Cilmi. Lindsay. Viloda-Fisher. Ban-aga.
Kennedy. Nowick. Horsley. Gregory. Stem. D'Amaro. Cooper
May 11, 2010
~o_m~aln. e)Schneidem~an. Brow~ing. Mura/ore. Losquadro
LD Legislator Yes No Abs NP R
1 Edward P. ROMAINE
2 JayH. SCHNEIDERMAN
3 Kate M. BROWNING
4 Thomas MURATORE
6 Daniel P. LOSQUADRO
7 Jack EDDINGTON
9 Ricardo MONTANO
10 Thomas CILMI
11 Thomas F. BARRAGA
12 John M. KENNEDY, JR.
13 Lynne C. NOWICK
'14 Wayne R. HORSLEY
15 DuWayne GREGORY
16 Steven H. STERN
17 Lou D'AMARO
18 Jon COOPER
5 Vivian VILORIA.FISHER, D.P.O. ,.
8 William J. LINDSAY, P.O.
Totals ('~
Tim Laube, Clerk of the Legislature
MOTION
Approve
Table:
Send To Committee
Table Subject To Call
Lay On The Table
Discharge
Take Out of Order
Reconsider
Waive Rule
Override Veto
Close
Recess
APPROVED~L FAILED
No Motion No Second
ADOPTED
NOT ADOPTED
Roll Call Voice Vote
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CLOSING STATEMENT
THE NATURE CONSERVANCY, INC.
to COUNTY OF SUFFOLK and TOWN OF SOUTHOLD
part of SCTM #1000-53.-1-1.2 & 1.3
28.740 acres
Open Space Acquisition
Location: 650 Albertson Lane & 68775 Route 25 (Main Rd), Greenport, NY
Closing took place on Wednesday, September 12, 2012
at 9:30 a.m., H. Lee Dennison Building, Hauppauge, New York
Purchase Price (per contract)
*50%~50% partnership between
County of Suffolk &Town of Southold
Checks payable to "The Nature Conservancy"
County Check #2843613 (6/29/12) $ 562,500.00
Town Check #115029 (9111112) $ 562,500.00
$1,125,000.00
Closing Expenses:
Survey
$ 1,125,000.00'
Nathan Taft Corwin III Land Surveyor, P.C. $ 3,000.00**
Town's share = $1,500.00:1:
2011-2012 Real Property Tax Adjustment
$ 7590.28/yr = $20.7385/diem x 80 days (rounded) $ 1,659.08'*
Town's share = $829.54::1:
Title Report
Abstracts, Incorporated $ 5,065.00**
Title insurance policy $ 4965
Bankruptcy search $ 100
Town's share = $2,532.50:1:
** paid by County of Suffolk at time of closing
~ 50% of closing expenses will be reimbursed to County of Suffolk by
Town of Southold after closing date.
Town check #115329 = $4,862.04 (10/9/2012)
Phase I Environmental Site Assessment
VHB Engineering, Surveying and Landscape
Architecture, P.C. $ 2,400.00
County paid $'1200.00 at time of closing
Town check #115416 (10/9/2012) = $1200.00***
***paid by Town of Southold as reimbursement to The Nature
Conservancy after closing date
Those present at Closing:
Robe~ Zaher
JanetLongo
Robe~ Braun, Esq.
Ma~ C. Wilson, Esq.
Melissa Spiro
Randall Parsons
Suffolk Co Real Estate Division
Suffolk Co Real Estate Division
Attorney for County of Suffolk
Attorney for Town of Southold
Land Preservation Coordinator
The Nature Conservancy
Donna Falco Title Closer for Abstracts, Inc.
Patricia Fallon Title Closer for Fidelity Title Ins
TOTAL
562,500 O0
; !:i9'~" NO.002843613
~y. $*****562,500 . O0
06//29,/i2
*See Reverse Side For Easy Opening Instructions*
SU6FOLK COUNTY DEPARTMENT OF FINANCE & ~rAXA]ION
ANGLE M CARPENTER, COUNTY TREASURER
230 CENTER DRIVE
THE NATURE CONSERVANCY
4245 NORTH FAIRFAX DRIVE
ARLINGTON VA 22203 No 002843613
TOWN OF SOUTItOLD
VENDOR 014143 THE NATURE CONSERVANCY 09/11/2012 CHECK 115029
FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT
tt3 .8660.2.600.100 10 161 091012 50% MANOR GROVE-28.740AC 562,500.00
TOTAL 562,500.00
FIVE HUNDRED SIXTY TWO THOUSAND FIVE HUNDRED kND 0
PAY
ORDER
THE NATURE CONSERVANCY
C 'O ~FIONA MCK~E~
NATHAN TAFT CORWIN III LAND SURVEYOR, P.C.
P.O. BOX 16
Jamesport, New York 11947
Office Location:
1586 Main Road, Jamesport NY
Phone # 631-727-2090 Fax# 631-727-1727
Bill TO
Courtly of Saffolk Division of Real Estate
Att: Anthony Abruzzo
4 Lee Dennison Bldg 2nd floor
PO. Box 6100
l-[auppauge, New York 11788
Invoice
Date I Invoice #
9/6/2012 5257
Job # Client: Terms SC. Tax Lot No.
29-007-A Manor Grove 30 DAYS 1000-53-01 -~.3
Description Amount
Survey of lot 2 3,000.00
Total $3,ooo.oo
Payments/Credits $o.oo
A service ch~ge 0f2% per month will bc charged on balances 90 days past due
Balance Due $3.000.00
~Dobert I. Scott, Jr., Chairman
arline J. Duffy, Assessor
Kevin W. Webster, Assessor
Southold Town Hall, 53095 Route 25
P.O. Box 1179
Southold, NY 11971-0959
Fax: (631) 765-1356
Telephone: (63l) 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 apportionment 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 ~tuestions, please give our office a call.
~.ob.ert I. Scott, Jr/ /i
Chairman ~
RIS/cg ~
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
3/26/2012 3/26/2012 $6,118.77 $6,028.34
Penalty I Surcharge Via Type
$90.43 $0.00 Mail Full Payment
Tax Bill # Tax Map # Status
005781 53.-1-1.2 Payment Posted
Address Municipality School
68775 Route 25 TOWN OF SOIJTHOLD Greenport School
Owners Property Information
Manor Grove Corp Roll Section: 1
PO Box 321 Property Class: 1 Family Res
Greenpofl:, NY 11944 Lot Size: 10.61
Assessment Information
Full Market Value: $495,495.00
Total Assessed Value: $5,500.00
Uniform %: 1.11
Description Tax Levy Percent'
Change Taxable Value Rate Tax Amount
Suffolk Coanty Tax 54287505 0.( 5500.000 18.60900000 $102.34
NYS Real Prop TaxLaw 1066460 - 19.1 5500.000 9.83700000 $54. I C
MTA Payroll Tax 67726 0.[ 5500.000 0:62500000 $3.4q
Out of Cry SCCC 78917 100X 5500.0001 0.73000000 $4.01
Southold Town Tax 27760119 2.4 5500.00( 258.25200000 $1,420.38
Greanport School 10836207 7.1 5500.00( 687.4250000( $3,780.83
Greenport Library 89973~ 5.12 5500.00( 30.7580000( $169.16
E-W Protection FD 74338 4.3 5500.00 71.5840000( $393.71
Solid Waste District 1806814 -3.7 5500.00C 17.2170000( $94.69
Waste Water District 10135( 100.0 5500.00C 1.0340000£ $5.69
Total Taxes: $6,028.34
IEstimated State Aid - Type
County
ToWn
Amount]
$281,983,132.00
$1,682,695.00
Mail Payments To:
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
3/26/2012 3/26/2012
Total
$4,450.03
Tax Amount Penalty Surcharge Via Type
$4,384.27 $65.76 $0.00 Ma Fu Payment
Tax Bill tt Tax Map It Status
005782 53.-1-1.3 Payment Posted
Address Municipality School
650 Albertson Ln TOWN OF SOUTHOLD ' Greenport School
Owners Property Information
Manor Grove Corp Roll Section: 1
PO Box 321 Property Class: Abandoned ag
Cn-eenport, NY 11944 Lot Size: 19.23
Assessment Information
Full Market Value: $360,360.00
Total Assessed Value: $4,000.00
Uniform %: 1.11
Percent
Description Tax Levy Change Taxable Value Rate Tax Amount
Suffolk County Tax 5428750.' 0.0 4000.00( 18.6090000( $74.4~
NYS Real Prop TaxLaw 106646( -19. l 4000.00( 9.8370000( $39.34
MTA Payroll Tax 6772 0.8 4000.00( 0.6250000( $2.5fl
Out ofCty SCCC 78915 100.1 4000.00C 0.7300000 $2.97
Southold Town Tax 27760115 2.4 4000.00C 258.2520000( $1,033.00
Greenport School 10836205 7.1 4000.00¢ 687.4250000( $2,749.70
Greenport Librat3' 899735 5.0 4000.00~ 30.7580000 $123.03
E-W Protection FD 74338 4.3 4000.00~ 71.5840000( $286.34
Solid Waste Disffict 180681q -3.7 4000.00~ 17.2170000 $68.87
Waste Water District 10t35C 100.0 4000.0013 1.0340000 $4.14
Total Taxes: $4,384.27
Estimated State Aid - Type
County
Town
AmountI
$281,983,132.00
$1,682,695.00
Mail Payments To:
httm//eoov.basnv cnrn/gnirthnlct/iTa¥ hill
'iI~I~B ST R AC:T S , INCORPORATED"
Funding Date:
Amount B~r~wer Seller Lender
Mart~t Value PJder
Endorsements (Total) see below
NY .RES 8,1
VRE WOA Survey
Pater / aa.~ptW se=,'~
'~,,::u=~, Tax (LenderI
RECORDING FEES
( ) s~ ~u~ment
) ucc~s
) Affidavas 255FZ53/25~
E-T~x Pr~ Fee
'NY~ P, PT
*P~___,>~_~ Transf~ Tax
*Mount Vemo~ I Y~,-s Transfer Tax
Escrow Se~ice Char~e/O~ter Bay Se~ce Cha~e
Total
4/10
TOWN OF SOUTHOLD
. 'VENDOR 003673 COUNTY OF SUFFOLK-REAL PROPRTY 10/09/2012 CHECK 115329
FUND & ACCOUNT P . 0 . ~ INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000
H2 .8686.2.000.000.
H2 .8686.2.000.000
12-214 091212
12-214 091212
12-214 091212
REIM 50% REAL PROP TAX 829.54
REIM 50% SURVEY COST 1,500.00
REIM 50% TITLE CST(REC) 2,532.50
TOTAL
4,862.04
TheNature
Conservancy ~
www. nat ure.org/longisland
Cold Spring Harbor, NY 11724
F~ (631) 567-4715
Tel (63 I) 32%7689
F~ (631) 529-0215
F~ (631) 74%1480
September 11, 2012
Robert Zaher
Land Acquisition Unit
Division of Real Estate
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788
RE: MANOR GROVE CORP. ACQUISITION;
SCTM: 1000-53~1-p/o 1.2 and 1.3;
As authorized by Suffolk County Legislature Resolution No.877-2005,
and Resolution No.406-2010,
all on file with the Clerk of the Suffolk County Legislature,
and further in accordance with 5outhold Town Board Resolution 2010-161.
Invoice for Reimbursable Costs
paid by The Nature Conservancy
on Behalf of Suffolk County and Southold Town
in connection with the acquisition of
the Property of Manor Grove Corp.
Greenport, New York
1- Pro-rated portion of Survey costs (Nathan Corwin
Surveyor) ............................................................................................ $3,000*
2- Pro-rated portion of Environmental Site Assessment Costs
(VHB Associates) .............................................................................
Remit to:
The Nature Conservancy
Attn: R. Parsons
PO Box 5125
East Hampton, NY 11937
0
TOTAL DUE ~ ~ .14~,~
*Copies of paid invoices for Nathan Corwin Land Surveyor and VHB Engineering,
Surveying and Landscape Architecture, P.C. are attached
OPrinted on 100% pest<onsumer paper
Engineering, Sul~:el. ~ing and Landscape Arcbitecture, P.C
2150 }oshua's Path, Suite 300 · Hauppauge, N~w York 11788. 631.234,3444
remit to: 10~ Walm~ Street · PO Box 9151 · Watertown, Massachusetts 02471
Invoice
Invoice No: 0005685
March 26, 2010
VHB Project#: 28088.00
Mr. Randy Parsons APR
The Nature Conservancy
142 Route 1t4
P.O. Box 5125
East Hampton, NY 11937
Phase I Environmental Site Assessments
Manor Grove Corp. to TNC, &
TNC to Suffo!k Coun~ and Town of Southold
SCTM: 100-53-53-1-1.2 & 1.3
Southold, New York
Professional Se~ices from Februa~ 2~. 2010
Total Fee
Percent Oomplete t00.00 %tal Earned
Previous Fee Billing
Current Fee Billing
Total Fee
0.00
3,600.00
3,600.00
Total this Invoice: $3,600.00
Less Advance Pymt: ($'1,800.00)~0~//z/'~
Total Now Due: ~
12_oo.
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 1/14/J0 has been applied to this
invoice.
Payment Due Upon Receipt. Original copy
TOWN OF SOUTHOLD
VENDOR 014143 THE NATURE CONSERVANCY
10/09/2012
CHECK 115416
FUND & ACCOUNT
H2 .8686.2.000.000
P.O.~ INVOICE
DESCRIPTION
12-214 091112
AMOUNT
REIM PH1 ESA-MANOR GROVE 1,200.00
TOTAL 1,200.00
16
$1 200.00
PA Y
ORDER
OF
195 NEIq~KARi%IER kD t~200
R
E
C
O
R
D
E
D
D
E
E
D
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
T~pe of Instrument: DEED
Number of Pages: 6
Receipt N,,mher : 12-0111526
TRANSFER TAX NUMBER: 12-04534
District:
1000
ODeedAmount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
053.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$0.oo
09/27/2012
09:10:03 AM
D00012706
530
Lot:
001. 005
Received the Following Fees For Above Instrument
Exempt
Page/Filing $0.00 YES Handling
COE $0.00 YES NYS SRCHG
EA-CTY $0.00 YES EA-STATE
TP-584 $0.00 YES Notation
Cert. Copies $0.00 YES RPT
Transfer tax $0.00 YES Comm. Pres
Fees Paid
TRANSFER TAX NUMBER:
12-04534
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
$0.00
$0.00
$0.o0
$o.o0
$0.00
$o.oo
$o.00
Exempt
YES
YES
YES
YES
YES
YES
JUDITH A. PASCALE
County Clerk, Suffolk County
Number Of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
Page / Filing Fee
Handling ~(~ 00
TP-584
Notation
EA-52 17 (County) .
EA-5217 (State)
'
Comm. of Ed. 5. 00
Affidavit
Ceifified Copy
NYS Surcharge 15. 00
Other
4 I DistJ
Real Property
Tax Service
Agency
Verification
Sub Total
Sub Total
12022937 zooo os3oo DaDO oozoos
Safisfactions/Discharge~',eleases List Property Owners Mailing Address
RECORD & RETURN TO:
SUFFOLK COUNTY
DIV. OF REAL PROPERTY ACQUISITION
AND MANAGEMENT
H. LEE DENNISON BLDG. -2nd FLOOR
100 VETERANS MEMORIAL HIGHWAY
P.O. BOX 6100
HAUPPAUOF~ NY 11788-0099
Mail to: Judith A. Pascale, Suffolk County Clerk Jo {
310 Center Drivo, Riverhead, NY 11901 . Name
www. suffolkcountyny, gov/clerk Title #
Recording / Firing Stamps
Mortgage Amt.
I I. Basic Tax
2. Additional Tax
Sub Total
SpecdAssit.
or
Sp~./Add.
TOT. MT(3. TAX
Dual Town Dual County
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
, see appropriate tax clause on
of th~ instrument.
l~r~r~atlon Fund
Consideration AmountS ~ /:~ql 6~-~ -
CPF Tax Due $ C~
~ Improved
Vacant Land
TD
TD
Title Company Informhtion
/0~ 2~-'. Ol~o,-
This page forms part of the attached ~) ~ e ~>
made by:
(SPECIFY TYPE OF INSTRUMENT)
~o.~wex/ t t/-/~, The premises herein is situated th
SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of
o I. the
I O~ o<~ So ~-a oL- b or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INit ONLY PRIOR TO RECORDINa OR VmIN(3.
Suffolk County Recording & Endorsement! Page
DISTRICT
1000
SECTION
053.00
BLOCK
01.00
LOTS p/o
001.002
001.003
SUFFOLK COUNTY
BARGAIN AND SALE DEED
WITH COVENANTS
THIS INDENTI/RE, made the L-2~h day of September , 2012
BETWEEN THE NATURE CONSERVANCY, INC. a District of Columbia
not-for-profit corporation, with a principle place of business
at 4245 North Fairfax Drive, Arlington, Virginia 22203 and
maintaining a Long Island Chapter Office at P.O. Box 5125, 142
Route 114, East Hampton, New York 11937, PARTY OF THE FIRST
PART,
AND the COUNTY OF SUFFOLK, a municipal corporation of the
State of New York, having its principal office at the Suffolk
County Center, Center Drive, Riverhead, New York 11901, which
will acquire a fifty percent (50%) undivided interest in and to
the parcel, and the TOWN OF SOUTHOLD, a municipal corporation,
with principal offices at 53095 Route 25, P.O. Box 1179,
Southold, New York 11971, which will acguire the remaining fifty
percent (50%) undivided interest in and to the parcel, as
tenants-in-con, non, hereinafter described individually, or as the
PARTIES OF THE SECOND PART,
WITNESSETH, that the PARTY 0F THE FIRST PART, in
consideration of ONE MILLION ONE HUNDRED TWENTY FIVE THOUSAND
and 00/00 DOLLARS ($1,125,000.00) and other valuable
consideration paid by the PARTY OF THE SECOND PART, does hereby
grant and release unto the PARTY OF THE SECOND PART, the heirs
or successors and assigns of the party of the second part
forever,
ALL, that certain piece or parcel of land, situated in the
Town of Southo~d, County of Suffolk, and State of New York, more
particularly bounded and described as follows: (see description
annexed hereto and made a part hereof):
THIS DEED is given in accordance with Article XII of the
Suffolk County Charter, as amended and effective December 1,
2007, Resolution No.877-2005, and Resolution No.406-2010, all on
file with the Clerk of the Suffolk County Legislature, and
further in accordance with Southold Town Board Resolution 2010-
161.
BEING AND I~T~DED to be part of the same premises conveyed
to The Nature Conservancy, Inc. by deed d~ted May 3, 2012 from
Manor Grove Corporation and recorded~A4~Liber 12693 at page
405. Said premises is further known and described as Suffolk
County Tax Map Nos. 1000-053.00-01.00-001.002 p/o and 001.003
TOGETHER with all right, title and interest of the PARTY
OF THE First PART in and to all streets and roads abutting the
above described premises to the center lines thereof, and the
ponds, marshes, rivers, lakes, creeks, waters, and lands under
water located in, upon or adjoining the above described
premises, and all littoral, riparian and shore rights in any
way pertaining or belonging thereto.
TOGETHER with all right, title and interest, if any, that
the PARTY OF THE FIRST PART has in and to any strips and gores
between the above described parcel and adjoining owners.
TOGETHER with the appurtenances and all the estate and
rights of the PARTY OF THE FIRST PART in and to said premises;
TO HAIr~ ~ TO HOLD the premises herein granted unto the
PARTIES OF THE SECOND PART, the heirs or successors and assigns
of the party of the second part forever.
AND the PARTY OF THE FIRST PART covenants that the PARTY OF
THE FIRST PART has not done or suffered anything whereby the
said premises have been encumbered in any way whatever, except
as aforesaid.
THIS CO~;EYANCE is made in the regular course of business
actually conducted by the PARTY OF THE FIRST PART and upon the
consent of all its directors and does not constitute all or
substantially all of the assets of The Nature Conservancy, Inc.
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.
AND THE PARTY OF THE SECOND PART, IN ACCORDANCE WITH
Chapter XII of the Suffolk County Charter, as amended and
effective December 1, 2007, including but not limited to Section
C12-2(A} (2) (c) thereof, and Suffolk County Resolution NO. 412-
2005 severs herewith one (1}Workforce Rousing Development Right
(s) ("WHDR(s}" ,representing the County's fifty percent interest
in the parcel, from the aforestated piece or parcel of land.
AND the following paragraph shall constitute a covenant and
restriction which shall run with the land in perpetuity:
This aforestated piece or parcel was purchased using bonded
funds in accordance with the Suffolk County Drinking Water
Protection Program, as amended and effective December 1, 2007
(Chapter XII of the Suffolk County Charter), and Suffolk County
Resolution No. 412-2005, for the Transfer of Development Rights
Program, which one {1)WHDR(s)were severed for workforce housing
purposes, and this piece or parcel is deemed permanently
sterilized and must remain as open space in the Suffolk County
inventory.
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 said chapters shall not be alienated,
except upon the affirmative vote of a majority of the Town Board
after a public hearing and upon the approval of the electors of
the Town voting on a proposition submitted at a special or
biennial town election. NO subsequent amendment of the
provisions of those chapters shall alter the limitations imposed
upon the alienation of fee title acquired by the Town prior to
any such amendment. This covenant shall run with the land in
perpetuity.
THE WOPJ) "PARTY" shall be construed as if it read "parties"
whenever the sense of this indenture so requires.
IN WITNESS W~EP, EOF, the PARTY OF THE FIRST PART has duly
executed this deed the day and year first above written.
In Presence Of:
THE NATURE CONSERVANCY, INC.
A District of Columbia not-for-
profit corporation
NANCY AMO
New York Chief
Operations Officer
STATE OF NEW YORK )
SS: )
COUNTY oF
On this ~ day of August in the year 2012, before me, the
undersigned, personally appeared Nancy Amo, personally known to
me or proved to me on the basis of satisfactory evidence to be
the individual whose name is subscribed to the within instrument
and acknowledged to me that she executed the same in her
capacity, and that by her signature on the instrument, the
individual, or the person upon behalf of which the individual
acted, executed the instrument.
Notarv~blic' State of New York
No. OIK06023216 -,
nty~
WITH COVENANT AGAINST SECTION 053.00
G~NTOR'S ACT BLOCK 01.00
TITLE NO. 10-38-0150-8531 LOTS 001.002 p/o
001.003
COUNTY OF SUFFOLK
THE NATURE CONSERVANCY, INC.
TO
COUNTY OF SUFFOLK
AND
TOWN OF SOUTHOLD
RECORD & RETURN TO:
Bob Zaher
Dept. of Development and Planning
Div. of Real Property Acquisition
and Management
H. Lee Dennison Bldg., 2nd Floor
P.O. Box 6100
HauDDauge, New York 11788
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE A (Descdption)
TITLE #: 10-38-0150-8531
OVERALL DESCRIPTION PROPOSED LOT 2 (PARTS OF LOT 001.002 AND LOT
001.003)
AII~ ce~ainplot, pieceorp~celofland, si~ate, lyingandbeing at Arshamomaque,
Town of Southold, Suffolk County, and State of New York, bounded
and described as follows:
BEGINNING at a corner formed by the new intersection of the
westerly side of the Main Road and the northerly side of
Albertson Lane as widened; and
RUNNING THENCE north 88 degrees 48 minutes 10 seconds west along
the northerly side of Albertson Lane a distance of 609.87 feet
to the land now or formerly of Leonard Fink;
THENCE north 16 degrees 20 minutes 40 seconds west along the
land now or formerly of Leonard Fink and George D. Costello, Sr
a distance of 812.00 feet to the land now or formerly of The
County of Suffolk;
THENCE along said last mentioned lands the following four (4)
courses and distances:
(1) South 86 degrees 32 minutes
(2) North 56 degrees 44 minutes
(3) North 39 degrees 57 minutes
(4) North 61 degrees 17 minutes
to the land now or formerly
15 seconds east, 58.56 feet;
00 seconds east, 129.57 feet;
00 seconds east, 85.25 feet;
30 seconds east, 710.87 feet
of J. & L. Levin;
THENCE along said last mentioned lands the following two (2)
courses and distances:
(1) South 25 degrees 57 minutes 30 seconds east, 14.32 feet;
(2) North 47 degrees 32 minutes 50 seconds east, 385.66 feet;
THENCE south 44 degrees 20 minutes 50 seconds east a distance of
251.98 feet;
THENCE North 45 degrees 39 minutes 10 seconds East, 60.00 feet
to the land now or formerly of Long Island Power Authority;
CONTINUED
CHiQAGO'TITLE INSURANCE COMPANY
SCHEDULE A (Description)
TITLE #: 10-38-0150-8531
THENCE along said mentioned lands South 44 degrees 20 minutes 50
seconds East, 224.69 feet;
THENCE South 35 degrees 19 minutes 10 seconds West, 682.25 feet;
THENCE South 54 degrees 40 minutes 50 seconds East, 161.00 feet
to a point on the Westerly side of Main Road;
THENCE South 35 degrees 19 minutes 10 seconds West along the
Westerly Side of Main Road, a distance of 93.47 feet;
THENCE North 54 degrees 40 minutes 50 seconds West, 185.00 feet;
THENCE South 35 degrees 19 minutes 10 seconds West, 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
westerly side of Main Road, a distance of 272.53 feet;
THENCE southwesterly and still along the westerly side of Main
Road on an arc of a circle bearing to the left having a radius
of 2896.79 feet, a distance of 131.13 feet to the northerly side
of Albertson Lane and the point or place of BEGINNING.
T
I
T
L
E
P
0
L
I
C
Y
Chicago Title Insurance Compan3)
POL1CY NO.: NY2510-46-10-38-0150-8531-2012.7230632-86924117
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06)
With New York Coverage Endorsement Appended
Issued by
Chicago Title Insttrance Company
Any trot/ce qf claim and any other notice or statement itt writing requb'ed to be given the Comllany under this Policy must be given to the
Company at the address shown in Section 18 of the Conditions.
CO VERED RISKS
SUBJ~CT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE
CONDITIONS, CHICA GO TITLE INSURANCE COMPANy, a Nebraska corporation (the "Company") insures, as of Daze of Policy and, to the
extent slated in Covered Risks 9 and 10, after Dale of Policy, against loss or damage, not exceeding the Amount of blsurance, sustabled or
incurred by the Insured by reason off
1. T/Ilo being vested other than as slated in Schedule A.
2.Any defecl in or lien or encumbrance on the Tttle. This Covered Risk includes but is not l/m/led to insurance against loss from
(a) A defect m the Title caused by
(0 forget35 fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or com~eyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, nolarized, or delivered;
(iv) failure to perform those acls necessary to create a document by electronic means attthorized by law;
(v) a document executed under a falsified, expb-ed, or odlerwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records includb~g failure lo perform those acts by electronic
means authorized by law; or
(rio a defective judicial or administrative proceeding.
(b) The~ien~frea~eslatetaxes~rassessmentsimp~sed~ntheTit~ebyag~vernmentalauth~ritydue~rpayable~butunpaid.
(c) Any encroachment, encambrance, violalion, var/al/on, or aduerse circumstance affectblg lbo Title dmt would be disclosed by atl
accurale and complete land survey of lhe Land. The term "encroachment" b~clude~ encroachments of existing bnprovements localed
on the Land omo adjoining land, and encroachments onto lhe Land of existing hnprovements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of arty law, ordinance, permit, or governmental reguIation (itlcluding lhose relating to buildbzg and zoning)
restricling, regulalbtg, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the charactel; dhnensions, or localion of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmentalprotection
ifa notice, describing any part of ttte Land, is recorded in the Public Records selling forth the violation or intentio~l to enforce, but only
to the extent of the violation or enforcement refetwed to in that notice.
6. An e~tforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement actiott, describing arty part of lhe Land, is recorded in the Public Records, but only to the exlent of the enforcemem referred
to in lhat notice.
7. The exercise of the rights of eminet~t domab~ ifa notice of the exercise, describing any part of the Land, is recorded in the Public
Records.
8.A ny taking by a govermnen/cd body that has occurred and is bindb~g on the rights of a purchaser for value without Knowledge.
9. Title bebtg vesled other than as slated Schedule A or being clef ecl/ye
(a) as a result ~f the av~idance bz wh~le ~r in par~ ~r fr~m a c~urt ~rder pr~viding an alternative remedy~ ~fa trat~sfer ~f all ~r any
part of the tille lo or any interest in the Land occurring prior lo the transaction vesting Title as shown in Schedule A becattse that
prior lrat~sfer constiluted a fraudulent or preferential transfer under federal bankruptcy, slate bzxolvency, or similar creditors' rights
laws; or
(b) becausetheinslrument~ftransferveslingTitleassh~wninSchedttleAc~nstitutesapreferentialtransferunderfederalbankruptcy~
slate insolvency, or similar creditors' righls laws by reason of lbo failure of its recording in the Public Records
(i) to be timely, or
(lO to impart notice of its exislence to a purchaser for value or to a judgmenl or Iien creditol;
723063; (5/07) ALTA Owner's Policy (6/17/06) w/New York co~,~Endorseme nt Appended
1'0. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 throt~gh 9 thai' has been created or
attached or has been filed or ? ecorded itl the Public Records subsequent to Da te of Policy and prior to the record~ing of the deed or other
instrument of transfer in the J>ablic Records that vests Title as shown m Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Folicy, but only to the
exten~ provided in the Conditions.
IN ~?TNESS WHEREOF, CHICA GO TITLE INSURANCE COMPA~ has caused this policy to be signed a~d sealed by its duly authorized
officers. NY2510 10-38 0150-8531
Abstracts, Incorporated
585 Stewart Ave Ste 400
Garden City, NY 11530
Tel: (516) 683-1000
Fax: (516) 683-0089
Countersigned: .~~*-~~
Authorized Signatory
EXCLUSIONS FROM COVERAGE
The fnllowing matters are expressly excluded from the coverage of tbis policy, and the Company will not pay loss or damage, costs, attorneys' fees,
or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupaacy, use, or enjoyment of the Laad;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordin antes, or governmental regulations. This Exclusion 1 (a) does not modify m limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. Tiffs Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. RigbB of eminent domain. Tbis Exclusion docs not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, ]iens~ encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or creatod subsequent to Date of Policy (however, tbis does not modify or lim/t the coverage provided under Covered Risk 9 and
10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant bad paid value i~r the Title.
4. Any claim, by reason of the ope~ ation of federal bankruptcy, state insolvency, or similar creditors' rights laws, tbat the ti ansaction vesting the
Title as shown in Schedule A, is
(a) a flaudulent conveyance or fraudulent ttansfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or atl.acbing between Date of Policy
rnd tbe date of recording of the deed or other instrument of transfer in the Public Records that vests Title as sbown in Schedule A.
7230632 (5/07) ALTA Owner's Policy (6/17/06) w/New York co__Endorsement Appended
Issued with Policy No.
Amount of Insurance: $
SCHEDULE A
1, 125, 000. O0 Policy No.
File No.
DateofPoli~ 09/12/2012
1.Nameoflnsured:
County of Suffolk
Town of Southold
7230632 86924117
10-38-0150-8531
2. Theestateori~erestinthelandwhichiscoveredby~ispolicyis:
FEE SIMPLE
3.Titletotheest~eorinterest~thel~disvestedin:
by deed from Nature Conservancy Inc. to the INSURED dated
9/6/12 to be recorded in the Office of the Clerk of the
County of Suffolk.
4. The land referred to in this policy as set forth in the insured
in the County of Suffolk , State of
SEE DESCRIPTION ATTACHED
New York
Countersigned:
09/12/2012-10:46
Issued by: ABSTRACTS, INCORPORATED
585 Stewart Avenue Suite 400, Garden City, NY 11530 - 516-683-1000
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE A (Description)
TITLE #: 10-38-0150-8531
OVERALL DESCRIPTION PROPOSED LOT 2 (PARTS OF LOT 001.002 AND LOT
001.003)
Allthatcertainplo[,pieceorparcelofland, si[uate, Iyingandbeing at Arshamomaque,
Town of Southold, Suffolk County, and State of New York, bounded
and described as follows:
BEGINNING at a corner formed by the new intersection of the
westerly side of the Main Road and the northerly side of
Albertson Lane as widened; and
RUNNING THENCE north 88 degrees 48 minutes 10 seconds west along
the northerly side of Albertson Lane a distance of 609.87 feet
to the land now or formerly of Leonard Fink;
THENCE north 16 degrees 20 minutes 40 seconds west along the
land now or formerly of Leonard Fink and George D. Costello,
a distance of 812.00 feet to the land now or formerly of The
County of Suffolk;
Sr
THENCE along said last mentioned lands the following four (4)
courses and distances:
(1) South 86 degrees 312 minutes 15 seconds east, 58.56 feet;
(2) North 56 degrees 44 minutes 00 seconds east, 129.57 feet;
(3) North 39 degrees 5'7 minutes 00 seconds east, 85.25 feet;
(4) North 61 degrees 17 minutes 30 seconds east, 710.87 feet
to the land now or formerly of J. & L. Levin;
THENCE along said last mentioned lands the following two (2)
courses and distances:
(1) South 25 degrees 5'7 minutes 30 seconds east, 14.32 feet;
{2) North 47 degrees 32 minutes 50 seconds east, 385.66 feet;
THENCE south 44 degrees 20 minutes 50 seconds east a distance of
251.98 feet;
THENCE North 45 degrees 39 minutes 10 seconds East, 60.00 feet
to the land now or formerly of Long Island Power Authority;
CONTINUED
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE A (Description)
TITLE #: 10-38-0150-8531
THENCE along said mentioned lands South 44 degrees 20 minutes 50
seconds East, 224.69 feet;
THENCE South 35 degrees 19 minutes 10 seconds West, 682.25 feet;
THENCE South 54 degrees 40 minutes 50 seconds East, 161.00 feet
to a point on the Westerly side of Main Road;
THENCE South 35 degrees 19 minutes 10 seconds West along the
Westerly side of Main Road, a distance of 93.47 feet;
THENCE North 54 degrees 40 minutes 50
THENCE South 35 degrees 19 minutes 10
THENCE South 54 degrees 40 minutes 50
to the westerly side of Main Road;
THENCE south 35 degrees 19 minutes 10
seconds West, 185.00 feet;
seconds West, 170.00 feet;
seconds east 185.00 feet
seconds west along the
westerly side of Main Road, a distance of 272.53 feet;
THENCE southwesterly and still along the westerly side of Main
Road on an arc of a circle bearing to the left having a radius
of 2896.79 feet, a distance of 131.13 feet to the northerly side
of Albertson Lane and the point or place of BEGINNING.
Chicago 'Title Insurance Company
OWNERS TITLE INSURANCE POLICY
SCHEDULE B
Policy NO: 7230632-86924117
Title No: 10 38-0150-8531
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attoroey's fee or
expenses) which arise by reason of:
1. Variations between tax Lot and lines of record title.
Tax search herein covers premises and more; premises
described in Schedule A must be apportioned out of the
Tax lot(s).
Survey made by Nathan Taft Corwin, III, L.S. dated
02/02/09 shows a frame building, pergola, electric
tower, wood sign, metal and wood sign, freshwater
wetlands, drain and flags with no encroachments or
variations except the following:
1. Freshwater wetlands encroach undefined amount west
of a westerly record line.
2. Freshwater wetlands encroach undefined amount north
of northerly record lines.
3. Edge of wetlands are undefined amount north of a
southerly record line.
4. Edge of wetlands encroach undefined amount South of
southerly record lines.
5. Edge of wetlands encroach undefined amount west of
a westerly record line.
6. Utility pole straddles part of southerly record
line.
Subject to the rights of the utility companies to use
and maintain same.
NOTE: Existing farmstand and associated structures
(frame building and pergola) are to be removed.
/2012 12:20
CHICAGO TITLE
INSURANCE COMPANY
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
1. The following is added as a Covered Risk:
"11. 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 of 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 or sewer rents imposed
by governmental authority and created or attaching between Date of Policy and the date of
recording of the deed or other instrument of transfer in the Public Records that vests Title as
Shown in Schedule A.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any
of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of
Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous
endorsement is inconsistent with an express provision of this endorsement, this endorsement controls.
Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior
endorsements.
Countersigned: x~ff,,~-J, .ff~
/ Auld Signatory
72E73132
STANDARD NEW YORK ENDORSEMENT (7 01-12)
FOR USE WITH ALTA OWNER'S POLfCY (6-17-06)
CONDITIONS
1. DEFINITION OF TEll/VIS
The ~tBllowing terms when used in this policy moan:
(a)"Amount of Insurance": The amount stated in Schedule A, as
may be lac:eased or decreased by endorsement to this policy, increased
by Section 8(b), or decreased by Sections 10 and 11 of these Condi-
tions.
(b)"Date of Policy": The date designated as 'Date of Policy" in
Schedule A.
(c) "Entity": A corporation, parmership, trust, limited liability cpm
pany, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of
]aw as distinguished from purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by dissolution, ~nerger, con-
solidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another
kind of Entity;
(D) a grantee of an Insured under a deed delivered with-
out payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity in-
terests of the grantee are wholly-owned by the named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated Entity
of the named Insured, provided tile affiliated Entity and the named
sured are both wholly owned by the same person or Entity, or
(4) if the grantee is a trustee or beoeficiary of a trust
created by a written instrument established by the Insured named in
Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the Company would have
had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(1) "Knowledge' or "Known": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by reason of the
Public Records or any other records that impart constructive notice of
matters affecting the Title.
(g)"Land": The ladd described in Schedule A, and affixed im
provements that by law constitute real property. The term "Land" does
not include any property beyond the lines of the area described in Sche-
dule A, nor any right, title, interest, estate, or easement in abutting
streets, roads, avenues, alleys, lanes, ways, or watel-,vays, but this does
not modify or limit the extent that a right of access to and from the I2nd
is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security
instrument, including one evidenced by electronic means authorized by
law.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of mat-
ters relating to mol property to purchasers for value and without Know-
ledge. With respect to Covered Risk 5(d), "Public Records" shall also
include environmental protection liens filed in the records of the clerk
of the United States District Court for the district where the Land is lo-
cated.
(j) "Title": The estate or interest described ia Schedule .4.
(k)"Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective pm'chaser or lessee of the Title
or lender on the Title to be released from the obligation to purchase,
lease, or lend if there is a contractual condition requiring the delivery of
7230632 (5107)
Copyright American Land Title Association. All rights ro~¢r~¢d. The use of this Form is restricted to ALTA licensees and ALfA
members in good standing as of the date of use. All other uses are prohibited Reprinted under license ~rorn the American k21nd Tide Association
marketable title.
2. COi',FI'I:NUAT1ON OF INSURANCE
The coverage of this policy shall continue id force as of Date of Poi
icy in favor of an Insured, but only so long as the Insured retains an es-
tate or interest in the Land, or holds an obligation seem'ed by a purchase
money Mortgage given by a purchaser from the Insured, o~ only so long
as the Insured shall have liability by leason of warranties in any transfer
or conveyance of the Title. This policy shall not continue in force in fa-
vor of any purchaser from the Insured of either (i) an estate or interest
in the Land, or (ii) all obligation secured by a purchase money Mort-
gage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
CLAIMANT
The Insured shall notify the Company prmnptly in writing (i) in case
of any litigation as set forth in Section 5(a) of these Conditions, (ii) ill
case Knowledge shall come to an Insured hereunder of any claim of
title or interest that is adverse to the Title, as insured, and that might
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if the Title, as insurod, is r~iected as Unmarketable
Title. If the Company is prejudiced by the failure pi the Insured Clai
mant to provide prompt notice, the Company's liability to the Insured
Claimant under the policy shall be reduced to tbe extent of the pr~iu-
dice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at its option, require as a condition of
paym. cnt that the Insured Claimant furnish a signed proof of loss. The
proof of loss must describe the defect, lien, encumbrance, or other mat-
ter insured against by this policy tbat constitutes the basis of loss or
damage and shall state, to the exteot possiblo, the basis of calculatiog
the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its own
cost and without unreasonable delay, shall provide for the defense of an
Insured in litigation in which any third pm ty asserts a claim covered by
this policy adverse to the Insured. This obligation is limited to only
those stated causes of action alleging matters insured against by this
policy. The Company shall have the right to select counsel of its choice
(subject to the right of the Insured to object for reasonable cause) to
represent the Insured as to those stated causes of action. It shall not be
liable for and will opt pay the fees of any other counsel. The Company
will not pay any fees, costs, or expenses incurred by the Insured itl the
defense of those causes of action that allege matters not insured against
by this policy.
(b) The Company shall have the right, in addition to the options con-
tained in Section 7 of these Conditions, at its own cost, to institute and
prosecute any action or proceeding or to do any other act that in its opi~
nion may be necessary or desirable to establish the Title, ,ns insured, or
to prevent or reduce loss or damago to the Insured. The Company may
take any appropriate action under the terms of this policy, whether pt
not it shall be liable to the Insured. The exercise of these rights shall not
be an admission of liability or waiver of any provision of this policy. If
the Company exercises its rights under this subsection, it must do so di
ligently.
(c) Whenever the Company brings an action o~ asserts a defense as
required or permitted by this policy, the Company may pursue the liti-
gation to a final determination by a court of competent jurisdiction, and
it expressly reserves the right, in its sole discretion, to appeal flora any
adverse judgment or order.
ALTA Owner's Poticy {6/17/06) w/New York co__Endorsement Appended
6~, DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding and
any appeals, the Insured shall secure to the Company the right to so
~rosecute or provide defense in tile action or proceeding, including the
right to use, at/ts option, the name of the Insmed for this purpose.
Whenever requested by the Company, tile Insured, at the Cmnpany's
expense, shall give the Company all reasonable aid (i) ill securing evi-
dence, obtaining witnesses, prosecuting or defending the action or pro-
ceeding, or ef£ecting settlement, and (ii) in any other lawful act that in
the opinion of the Company may be necessary or desirable to establish
tile Title or any other matter as insured. If the Company is prejudiced
by the failure of the Insured to furnish the required cooperation, the
Company's obligations to tile Insured under the policy shall terminate,
hlcluding any liability or obligation to defeud, prosecute, or continue
any litigation, with regard to tile matter or matters requiring such coop-
eration.
(b) Tile Cam. party may reasonably require the Insured Claimant to
submit to examination under oath by any authorized representative of
the Company and to produce for examination, inspection, and copying,
at such reasonable times and places as may be designated by the autho-
rized representative of the Company, ali records, in whatever medium
maintained, including books, ledgers, checks, memoranda, correspon-
dence, reports, e-mails, disks, tapes, and videos whether bearing a date
before or after Date of Policy, that reasonably pertain to the loss or
damage. Further, if requested by any authorized representative of the
Compauy, the Insured Claimant shall grant its permission, in writiug,
for any authorized representative of the Company to examine, inspect,
and copy all of these records in the custody or control of a third party
that reasonably pertain to the loss or damage. All information designat-
ed as confidential by the Insured Claimant provided to the Company
Opursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administra-
tion of the claim. Failure of the Insured Claimant to submit for exami-
nation under oath, produce any reasonably requested information, or
grant permission to secure reasonably necessary intBrmation from_ third
parties as required in this subsection, unless prohibited by law or go-
vernmental regulation, shall terminate any liability of the Company un
der this policy as to that claim.
7. OFI'IONS TO PAY OR OTHERWISE SET'I'LE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, tile Company shall have the fob
lowing additional options:
(a) To Pay or Tender Payn'tent of the Amount of Insurance.
TO pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses incurred
by the Insured Claimant that were authorized by the Company up to the
time of payment or tender of payment and that the Company is obli
gated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other than
to make the payment required in this subsection, shall terminate, includ-
ing any liability or obligation to defend, prosecute, or continue any liti
gadon.
(b) To Pay or Otherwise Settle With Parties Other Than tile hlsured
or With the Insm'ed Claimant.
(i) To pay or othe~wvise settle with other parties for or in tile
name of an Insured Claimant any claim insured against under this poll
cy. In addition, the Company will pay any costs, attorneys' fees, and
[expenses incurred by tile Insured Clabnant that were authorized by the
Company up to the time of payment and that the Company is obligated
7230632 {5/07)
Copy~dght American Land Title Association. All righks resclwcd. The use of this Form is restricted to ALTA licensees mid ALTA
members iix good standing as of the date of use. All other uses a~re prohibited Reprinted under license from the American [and Title Association
to ,pay; or
(ii) To pay or otherwise settle with tile h~sured Clairnant tile loss
or damage provided J:br under this policy, together with any costs, at
torneys' fees, and expenses incurred by the Insured Claimant that were
authorized by tile Company up to the time of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of either of the options provided
fix in subsections (b)(i) or (ii), tile Company's obligations to tile In-
sured under this policy for the claimed loss or damage, other than the
payment, s required to be made, shall terminate, including auy liability or
obligation to defend, prosecute, or continue any litigation.
8. DE~I'EILMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss
or damage sustained or incurred by tim Insured Claimant who has suf-
fered loss or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Compauy fo r loss or damage u ader
this policy shall not exceed the lesser of (i) the Amount of Insurance; or
(ii)the difference between the value of the Tide as iusured and
the value of the Title subiect to the risk insured against by this policy.
(b) If the Company pursues its rights uuder Section 5 of these Condi-
tions and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insuraace shall be increased by 10%, and
(ii) the Insured Claimant shaI1 have the right to have the loss al
damage determined either as of the date the claim was made by the In-
sured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Com-
pany will also pay those costs, attorneys' fees, and expenses incurred in
accordance with Sections 5 and 7 of these Cooditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the aUeged de-
fect, lien or encumbrance, or cures the lack of a right of access to or
from the Land, or cures the claim of Unmarketable Title, all as insured,
in a reasonably diligent manner by any method, including litigation and
the completion of any appeals, it shall [lave fully performed its obliga-
tions with respect to that matter and shall not be liable for any loss o~
damage caused to the Insured.
(b) In the event of a ny litigation, including litigation by tile Compa-
ny or with the Cmnpany's consent, the Company shall have no liability
for loss or damage until there has been a final determination by a court
of competent jurisdiction, and disposition of all appeals, adverse to the
Title, as insured.
(c) The Company shall not be liable fo~ loss m' damage to the In-
sured for liability voluntarily assumed by the Insured in settling any
claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TEIUVIINATION OF LIABILITY
All payments under this policy, except payments made for costs, at-
torneys' fees, and expenses, shall reduce tile Amount of Insurance by
the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Com-
pany pays under any policy insuring a Mm'tgage to which exception is
taken in Schedule B or to which tile Insured has agreed, assumed, or
taken subject, or which is executed by an Insured after Date of Policy
and which is a charge or lien on the Title, and the amount so paid shall
be deemed a payment to the hlsured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditimls, the payment shall be made
within 30 days.
ALTA Owner's Policy (6/17/06) w/New York cove r~_ra~g~e Endorsernent Appended
13. RIGHTS OF RECOVERY UPON PAYMENT OR
SETFLEM ENT
(a) Whenever the Compauy shall have settled and paid a claim under
policy, it shall be subrogated and entitled to lhe rights of the In
sured Claimant in the Title aud all other rights and remedies in respect
to the claim that the Insured Claimant has against any person or proper-
ty, to the extent of the amount of any loss, costs, attorneys' fees, aed
expeoses paid by the Company. If requested by the Company, the In-
sured Claimant shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant shall
permit the Company to sue, compromise, or settle in the name of the
sured Claimant and to use the name of the hlsured Claimant in any
transaction or litigation involving these rights and remedies.
If a payment ce account of a claim does not fully cover the loss of
the Insured Claimant, the Company sball defer the exercise of its r/ght
to recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the
sured to indemnities, guaranties, other policies of insurance, er bonds,
notwithstanding any terms m conditions contained in those instruments
that address subrogation rights.
14.ARBITILATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitratiou pursuant to the Title Insur-
ance Arbitration Rules of the Am. erican Land Title Association
("Rules"). Except as provided in the Rules, there shall be no joinder or
consolidation with claims or controversies of other persons. Arbitrable
matters may include, but are not limited to, any controversy or claim
betweee the Company and the Insured adsiug out of or relating to this
policy, any service in connectim~ with its issuance or the breach of a
policy provisio n, or to any other controversy or claim arising out of the
~l~transaction giving rise to this policy. All arbitrable matters whee the
'~ Amount of Insurance is $2,000,000 or less shall be arbitrated at the op-
tion of either the Company or the Insured. All arbitrable matters when
the Amount of Insurance is in excess of $2,000,000 shall be arbitrated
only when agreed to by both tile Company and the Insured. Arbitration
pursuant to this policy and under tim Rules shall be binding upon the
parties. Judgment upon the award rendered by the Arbitrator(s) may be
eutemd in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTEACT
(a) This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract between the Insmed
and the Company. In interpreting any provision of this policy, this poli-
cy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status.of the
Title or by any action asserting such claim shaII be restricted to this poi-
icy.
(c) Any amendment of or endorsement to this policy must be iu writ-
lng and authenticated by an authorized persoa, or expressly iacm'po-
rated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part
of this policy and is subject to all of its terms and provisions. Except as
the endorsement expressly states, it does not (i) modify any of the terms
and provisions of the policy, (ii) modify any priol eedorsement, (iii) ex-
tend the Date of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid, but
all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has un-
derwritten the risks covered by this policy and determined the preraium
charged therefor in reliance upon the law affecting interests in real
property and applicable to the interpretation, rights, remedies, or
forcement of policies of title insurance of the jm'isdiction where the
Land is located.
Therefore, the court or au arbitrator shall apply the law of the .iuris-
diction where tile Land is located to determine the validity of clai~ns
against the Title that are adverse to the Insured and to interpret and en-
force the terms of this po]icy. In neither case shall the court or m bitrator
apply its conflicts of law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by
the Insured against the Compaey must be filed ouly in a state or federal
court within the United States of America or its territories having ap-
propriate jurisdictioa.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing re-
quired to be given to the Company under this policy must be given to
the Company at Chicago Title Insurance Company, Attn: Claims De-
part~nent, P. O. Box 45023, Jacksonville, Florida 32232-5023.
7230632 (5/07) ALTA Owner's Policy (6/17/06) w/New York covera e Endorsement Appended
Copyright American Land Title Association. All rights reserved. The use of ~his Form is restricted to ALTA licensees and ALTA ~
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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 thc l'own 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 acrcs 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
WItEREAS, as per Section 117-5 (Determination of Sanitary Flow Credit to be Deposited in the
SFC Bank) of the Town Code, the Land Prescrvation Coordinator provided the Town Board
with a calculation of the estimated sanitary llow credits available for transfer from the above-
mentioned parcels prior to the Town Board public hearings on the purchases; and
WHEREAS, the Land Preservation Coordinator provided the Town Board with a final
calculation of the sanitary tlow credits available for transfer from the above-mentioned parcels
tbllowing the closing 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) from 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 #1000-53-1-1.3; 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
Resolution 2012-735 Board Meeting of September 25, 2012
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.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUSI
MOVER: William Ruland, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, TalboL Doherty, Krupski Jr., Evans. Russell
Updated: 9/25/2012 10:22 PM by Elizabeth A. Neville Page 2
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THE NATURE CONSERVANCY, INC.
to
COUNTY OF SUFFOLK and TOWN OF SOUTHOLD
Parts of SCTM #1000-53.-1-1.2 & 1.3
68775 Main Road (NYS Rt 25)
Greenport, New York
28.74 acres - open space
Closin§ held on Wednesday, October 12, 2012
H. Lee Dennison Bid§, Hauppau§e, New York
from left to ri§hr:
Robert Zaher, Suffolk Co Division of Real Estate
Janet Lon§o, Suffolk Co Division of Real Estate
Randall Parsons, The Nature Conservancy
[Vlelissa Spiro, Southold Town Land Preservation Coordinator
MELISSA A. SPIRO
I,AND PRESERVA [ ION COORDINATOR
melissa spiro4Ctown southold nyus
Telephone (631) 765-571 I
Facsimile (63 I) 765-6640
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
OFFICE LOCATION:
3own Hall Annex
54375 State Route 25
(corner of Main Rd & Youngs Ave)
Southold. New York
MAILING ADDRESS:
PO Box 1179
Southold, 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 Spiro, Land Preservation Coordinator
Date:
September 13, 2012
Re:
THE NATURE CONSERVANCY, INC. to COUNTY OF SUFFOLK and TOWN OF SOUTHOLD
Open Space Acquisition
Parts of SCTM #1000-53.-1-1.2 & 1.3
tPlease be advised that the County of Suffolk and Town of Southold in a 50%/50% partnership have 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 #:
parts of #1000-53.-1-1 2 & #1000-53.-1-1.3
PROPERTY OWNER:
The Nature Conservancy, Inc. (formerly owned by Manor Grove Corporation)
CONTRACT DATE:
2009
PURCHASE DATE:
Closing took place September 12, 2012
PURCHASE PRICE:
$1,125,000.00 (County/Town $562,50000 each)
OPEN SPACE :
28.74 acres
FUNDING:
Suffolk County New %% Bonded Drinking Water Protection Program - Open Space and
Southold Town Community Preservation Funds
MISCELLANEOUS:
Planning Board approved conservation subdivision creating a 28.74 acre parcel and a
0.722 acre parcel. The Town purchased the 0.722 acre parcel for open space purposes
simultaneously with County/Town's 9/12/2012 purchase of the larger parcel. Separate
memo provides info re: Town purchase of the smaller lot.
Town intends to remove all structures on property.
LAND ACQUISITION INFORMATION SHEET
Planning Steps Reso. #877-2005 Authorizing Acq. Reso. 406-2010
Name of Landowner: The Nature Conservancy, Inc.
Tax Map No.:
1000-053.00-01.00 p/o 001.003 and 001.002
Location:
Town:
68775 Main Road, Greenport, New York 11944
650 Albertson Lane, Greenport, New York 11944
Southold LB: 1
Size of Parcel:
28.740 acres
Price Paid:
Closing Date:
$111251000.00 County:S562,000.00 50 percent
Town: $562,000.00 50 percent
September 12, 2012
Program: Suffolk County New 1/4 % Bonded Drinking Water Protection Proqram-
Open Space
Historical Significance, if any:
Environmental Issues (i.e.:Wetlands, SGPA, etc.): Parcels contain over 35 percent
freshwater wetlands.
Wildlife Habitat:
Proximity to other holdings: Parcels are contiquous to over 75 acres of County
owned open space and 51 acres of County and Town owned open space parcels and
located proximate to Hashamomuck Pond and Pipes Cove where other County and
Town properties can be found.
Development Pressure: Fair
Roles of Other Officials:
Other Pertinent Information:
cc: Joanne Minieri, Deputy County Executive and Commissioner, Department of Economic
Development and Planning
Sarah Lansdale, A.I.C.P., Director of Planning.
MELISSA A. SPIRO
eND PRESERVATION COORDINATOR
melissa.spiro@town.southold.ny.us
Telephone (631) 765-5711
Facsimile (63 l) 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
Notice of New Owner
SCTM #1000-53.-1-1.5
Dear George:
Please be advised that the County of Suffolk and Town of Southold in a
50/50 joint partnership purchased fee title to a parcel now identified as
SCTM #1000-53.-1-1.5 located 68775 NYS Route 25 (Main Road) and 650
Albertson Lane in Greenport for open space purposes by deed dated
September 6, 2012. The two parcels had very recently been purchased by The
Nature Conservancy from Manor Grove Corp. after an approved conservation
subdivision, then parts sold to the County/Town. The parcels are further
identified within your tax bill #5781 as part of SCTM #1000'53.'1'1.2 and bill
#5782 as part of SCTM #1000-53.-1-1.3.
All future real property tax bills should be forwarded directly to the
County of Suffolk Real Property Acquisition & Management for payment, at
P.O. Box 6100, Hauppauge, NY i 11788-0099, until such time as the property
is declared exempt by the Town Assessors.
Very truly yours,
Melissa Spire
Land Preservation Coordinator
/md
cc: Southold Town Assessors
PLANNING BOARD MEMBERS
DONALD J, WILCENSKI
Chair
WILLIAM J. CREMERS
KENNETH L. El)WARDS
JAMES H. RICH III
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave3
Southo]d, NY
Telephone: 631 765-1938
Fax: 631 765-3136
August14,2012
Mr. Randy Parsons
c/o The Nature Conservancy
P.O. Box 5125
East Hampton, NY 11937
Re:
Final Plat Approval - Proposed Conservation Subdivision Manor Grove
Located on the northeast comer of Albertson Lane and Main Road, Greenport
SCTM#1000-53-1-1.2 & 1.3 Zoning Districts: R-80 & LB
Dear Mr. Parsons:
The Southold Town Planning Board, at a meeting held on Monday, August 13, 2012,
adopted the following resolution:
WHEREAS, this proposal is for an 80/60 conservation subdivision of a 29.8 acre parcel
into 2 lots where Lot 1 = 0.72 acres (31,450 s.f.) is clustered in the LB Zoning District
and Lot 2 = 28.74 acres to be preserved as open space in the R-80 & LB Zoning
Districts; and
WHEREAS, on February 7, 2012, the Southold Town Planning Board, pursuant to
SEQRA, made a determination of non-significance for the proposed action and granted
a Negative Declaration; and
WHEREAS, on February 7, 2012, the Southold Town Planning Board granted
Conditional Final Plat Approval upon the map entitled "Final Plat Manor Grove Corp.
Conservation Subdivision", dated February 2, 2009 and last revised February 6, 2012,
with conditions; and
WHEREAS, on July 31, 2012, the applicant submitted 13 paper final plats and 5 mylar
Final Plats with Health Department approval; and
WHEREAS, all conditions of Conditional Final Approval have been met; be it therefore
Manor Grove Corp.
Pa,qe Two
Au,qust 14, 2012
RESOLVED, that the Southold Town Planning Board grants Final Approval upon the
Map entitled "Final Plat Manor Grove Corp. Conservation Subdivision", dated February
2, 2009 and last revised February 6, 2012 and authorizes the chairman to endorse the
map.
Upon endorsement of the Final Plat by the Chairman, the mylare and paper prints
must be picked up at this office and the Final Plat filed with the Suffolk County
Clerk by the applicant within 62 days of the date of Final Plat Approval, or such
approval shall expire. Final Plat Approval shall be determined in accordance with
§276 of the New York State Town Law.
A copy of the recorded Deed, Deed of Development Rights, or Conservation
Easement providing evidence that the required amount of open space has been
protected from future development pursuant to the Town Code requirements for a
conservation subdivision shall be submitted to the Town of Southold Planning
Department six (6) months from the date of Final Approval. Failure to do so will
result in the Planning Board's approval of the subdivision being null and void,
and the Planning Board shall institute proceedings to have the Final Plat stricken
from the records of the Suffolk County Clerk.
Final Plat is void if revised after approval. No changes, erasures, modification(s),
or revisions shall be made to any Final Plat after it has been approved by the
Planning Board, and such approval has been endorsed in writing on the plat,
unless the said plat is first re-submitted to the Planning Board and the Planning
Board approves any modifications. In the event that any such Final Plat is filed
without complying with this requirement, the same shall be considered null and
void, and the Planning Board shall institute proceedings to have the Final Plat
stricken from the records of the Suffolk County Clerk.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Very truly yours,
Donald J. Wilcenski
Chairman
Encls,
cc: Assessors
Melissa Spire, Land Preservation Coordinator
Robert Zaher, Suffolk County Division of Real Estate
FINAL PLAT
MANOR GROVE CORP. APPROVED BY
CONSERVATION SUBDIVISI05 PL~NNii~G SOiR0
ARSHAMOMAq " ]~ ~
TOWN OF SOUTHOLD ,:,b~e Z/"/''~-
S.C. TAX No. 1000-53-01-1.2'--~
%.
>?-.
LANE
SUBDIVISION TYPE
STANDARD
ICONSERVATON
PROPOSED
SUIIDIWSION REPORT
Nathan Taft Corwin III
Land Surveyor
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iNQUIRY #: 2677128.4
'fEAR: 2006 '~ N
[ I = 604'
~NQUIRY #: 2677128.4
YEAR: 1994 tN
~ I = 750'
iNQUIRY #: 267712&4
YEAR: 1980
t- I = 750'
)NQUIRY #: 2677128.4
t I = 750'
INQUIRY #: 2677128.4
YEAR: 1969 ~ N
t I = 750'
INQUIRY #: 2677128,4
YEAR: 1960
t '~ = 750'
iNQUiRY #: 2677128.4
YEAR: 1954
~ ~ = 750'
~NQUIRY #: 2677128.4
~N
YEAR: 1957
J = 750'
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86'52'15" E
58_
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LOT 2
\
\
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88'4s'~o" wALB~E~TSoNbD6b OF P*V[M[NT~ LANE6°9'87
55'37:
W
33,'
\
\
\ k
\ \k~
LOT 1'
THE EXISTENCE OF RIGHT OF WAYS
AND/OR EASEMENTS OF RECORD, IF
ANY, NOT SHOWN ARE NOT GUARANTEED,
FINAL
SURVEY
SURVEY OF LOT 2
MAP OF
MANOR GROVE CORP.
CONSERVATION SUBDIVISION
SITUATE
ARSHAMOMA~)UE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-55-01-P/0
S.C. TAX No. 1000-55-01-P/0
SCALE 1"-100'
FEBRUARY 2, 2009
AREA - 1,251,914 sq. ff.
28.740 ac.
1.2
1.3
JUL 2 0 20]2
OEP[ OF LAND
PRESERVATION
UNAUTHORIZED ALTERATION OR ADDITION
TO THIS SURVEy IS A VIOLATION OF
SECTION 7209 OF THE NEW YORK STATE
Nathan orwin III
Land Surveyor
Successor To SLonley d ]seksen, Jr LS
Joseph A Ingegno LS
PHONE (631)727-2090 Fax (B31)727 1727
29 007D1
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Manor Grove Corp. Proper~
(.The Natare Coaser~ancy~ contract
[3/o SCTM# 1000-53 1-1.2