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HomeMy WebLinkAboutTNC (Whitcom Marsh Preserve) # d PW fION, . u# ° r t f r cz 7 f. £ v. F ITT w r a ' rAig A� Tii x ' 6 ulf court Orient New A V111 N t 1 C �q f ..v4f. 4 nf rg 0 Sjmce ,Ai� isition THE: N. T`URE C SE AN+ �'Y P to 01, T £%t . + Y !I s >a 1 f k; *`t 14 r fi n k e t a ra z , ta � et s, g Vv e *✓ a ,.: C$' 'c"t; a`r 'a� ,, # rt 7si `=s;;'�,t � ,,w, r. r `r` , r1„ 40, �R Ilk $ ✓v �x C' } ;# tis • SCTM 4: 1000-14.-2-1.4 Premises: 650 Mulford Court Hamlet: Orient Purchase Price: $ 0 (gift of fee title) CPF Project Plan: no — previously preserved subdivision open space Total Parcel Acreage: 16.343 acres Zoned: R-80 Existing Improvements: none — vacant land that includes woods and freshwater wetlands P • U B L I C H E A � R I N G • RESOLUTION 2014-169 ADOPTED DOC ID: 9532 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-169 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 11, 2014: RESOLVED the Town Board of the Town of Southold hereby AMENDS Resolution No. 2014- 148 adopted January 28, 2014 by changing the Public Hearing time and date from 7:32 p.m. on February 11, 2014 to 4:34 p.m. on February 25, 2014 as follows: RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday, , 2014, at 7.32 ., February 25, 2014 at 4:34 p.m., Southold Town Hall, 53095 Route 25, Southold, New York, as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant land totaling 16.343± acres from The Nature Conservancy, the owner of record, for open space preservation purposes in accordance with Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel, identified as SCTM #1000-14.-2-1.4 and known as the Whitcom Marsh Preserve, is located at 650 Mulford Court, running along the westerly side of Mulford Court in Orient, New York, in the R-80 zoning district. The parcel was created in a subdivision known as Whitcom • Investment Company approved by the Planning Board in 1980. The parcel, known as the fifth lot of the subdivision, was considered unbuildable fresh water marsh and the Planning Board's approval required restrictive covenants pertaining to this parcel that resulted in the property being transferred to The Nature Conservancy. The parcel is shown in the Town's Community Preservation Project Plan as property that is currently preserved due to the restrictions required as part of the subdivision approval. The restrictions require that the property shall forever be held as a nature preserve for educational and charitable purposes, and shall be kept entirely in its natural state, excepting only the maintenance of such fences and foot trails as may be appropriate to effectuate the foregoing purposes without impairing the essential natural character of the premises. This property has been offered to the Town of Southold as a donation from The Nature Conservancy. The Town will be responsible for any acquisition costs associated with the transfer of fee title. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. • Resolution 2014-169 ,r Board Meeting of February 11, 2014 • Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell • Updated: 2/7/2014 3:13 PM by Linda Cooper Page 2 • LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets Tuesday, February 25, 2014 at 4:34 p.m., Southold Town Hall, 53095 Route 25, Southold, New York, as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant land totaling 16.343± acres from The Nature Conservancy, the owner of record, for open space preservation purposes in accordance with Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel, identified as SCTM #1000-14.-2-1.4 and known as the Whitcom Marsh Preserve, is located at 650 Mulford Court, running along the westerly side of Mulford Court in Orient,New York, in the R-80 zoning district. The parcel was created in a subdivision known as Whitcom Investment Company approved by the Planning Board in 1980. The parcel, known as the fifth lot of the subdivision, was considered unbuildable fresh water marsh and the Planning Board's approval required restrictive covenants pertaining to this parcel that resulted in the property being transferred to The Nature Conservancy. The parcel is shown in the Town's Community Preservation Project Plan as property that is currently preserved due to the restrictions required as part of the • subdivision approval. The restrictions require that the property shall forever be held as a nature preserve for educational and charitable purposes, and shall be kept entirely in its natural state, excepting only the maintenance of such fences and foot trails as may be appropriate to effectuate the foregoing purposes without impairing the essential natural character of the premises. This property has been offered to the Town of Southold as a donation from The Nature Conservancy. The Town will be responsible for any acquisition costs associated with the transfer of fee title. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. Dated: January 28, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk PLEASE PUBLISH ON February 13, 2014, 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 Town Board Members Town Attorney TC's Bulletin Board Town Website Bldg Dept Land Preservation Planning Dept • • • SOUTHOLD TOWN BOARD PUBLIC HEARING February 25, 2014 4:34 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 4:55 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets Tuesday, February 25, 2014 at 4:34 p.m., Southold Town Hall, 53095 • Route 25, Southold, New York, as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant land totaling 16.343± acres from The Nature Conservancy, the owner of record, for open space preservation purposes in accordance with Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel, identified as SCTM#1000-14.-2-1.4 and known as the Whitcom Marsh Preserve, is located at 650 Mulford Court, running along the westerly side of Mulford Court in Orient, New York, in the R-80 zoning district. The parcel was created in a subdivision known as Whitcom Investment Company approved by the Planning Board in 1980. The parcel, known as the fifth lot of the subdivision, was considered unbuildable fresh water marsh and the Planning Board's approval required restrictive covenants pertaining to this parcel that resulted in the property being transferred to The Nature Conservancy. The parcel is shown in the Town's Community Preservation Project Plan as property that is currently preserved due to the restrictions required as part of the subdivision approval. The restrictions require that the property shall forever be held as a nature preserve for educational and charitable purposes, and shall be kept entirely in its natural state, excepting only the maintenance of such fences and foot trails as may be appropriate to effectuate the foregoing purposes without impairing the essential natural character of the premises. This property has been offered to the Town of Southold as a donation from The Nature • Conservancy. The Town will be responsible for any acquisition costs associated with the transfer of fee title. Whitcom Marsh Open Space Public Hearing February 25, 2014 2 FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. I have before me a sworn affidavit of posting on the Town Clerk's bulletin board and an affidavit of publication in the Suffolk Times newspaper noticing this. SUPERVISOR RUSSELL: Who would like to address the Town Board on this particular local law? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. As Councilman Ghosio said, the property it already preserved and this hearing involves a transfer of property from the Nature Conservancy to the Town of Southold. The property contains a significant amount of wetlands. I hope you can see on the aerial map, this wetland is part of a much larger system that continues across the street and is protected already protected within a large block of state owned open space. The town intends to continue to steward the property in the same manner, which is to remain in its natural state. Since the property is already preserved, it is technically not on our Community Preservation Plan, so the town is accepting this donation in accordance with our general open space program. The committee supports accepting this and recommends that the Town Board proceed with it. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this public hearing? (No response) This hearing was closed at 4:59 PM Elizabeth A. Neville Southold Town Clerk RESOLUTION 2014-148 �Qae mADOPTED DOC ID: 9506 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-148 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 28, 2014: RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday, February 11, 2014, at 7:32 p.m., Southold Town Hall, 53095 Route 25, Southold,New York, as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant land totaling 16.343± acres from The Nature Conservancy, the owner of record, for open space preservation purposes in accordance with Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel, identified as SCTM#1000-14.-2-1.4 and known as the Whitcom Marsh Preserve, is located at 650 Mulford Court, running along the westerly side of Mulford Court in Orient,New York, in the R-80 zoning district. The parcel was created in a subdivision known as Whitcom Investment Company approved by the Planning Board in 1980. The parcel, known as the fifth lot of the subdivision, was considered unbuildable fresh water marsh and the Planning Board's approval required restrictive covenants pertaining to this parcel that resulted in the property being transferred to The Nature Conservancy. The parcel is shown in the Town's Community Preservation Project Plan as property that is currently preserved due to the restrictions required as part of the subdivision approval. The restrictions require that the property shall forever be held as a nature preserve for educational and charitable purposes, and shall be kept entirely in its natural state, excepting only the maintenance of such fences and foot trails as may be appropriate to effectuate the foregoing purposes without impairing the essential natural character of the premises. This property has been offered to the Town of Southold as a donation from The Nature Conservancy. The Town will be responsible for any acquisition costs associated with the transfer of fee title. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (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: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell S • E Q R A A C C E P T A • N C E R E S O L U � T I O N RESOLUTION 2014-221 ADOPTED DOC ID: 9524 • THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-221 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 25, 2014: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of acquisition by gift of fee title to vacant land totaling 16.343± acres from The Nature Conservancy, the owner of record, on this 251h day of February, 2014, for open space preservation purposes in accordance with Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the parcel, identified as SCTM #1000-14.-2-1.4 and known as the Whitcom Marsh Preserve, is located at 650 Mulford Court, running along the westerly side of Mulford Court in Orient, New York, in the R-80 zoning district. The parcel, known as the fifth lot of the subdivision, was considered unbuildable fresh water marsh and the Planning Board's approval required restrictive covenants pertaining to this parcel that resulted in the property being transferred to The Nature Conservancy. The parcel is shown in the Town's Community Preservation Project Plan as property that is currently preserved due to the restrictions required as part of the subdivision approval. The restrictions require that the property shall forever be held as a nature preserve for educational and charitable purposes, and shall be kept entirely in its • natural state, excepting only the maintenance of such fences and foot trails as may be appropriate to effectuate the foregoing purposes without impairing the essential natural character of the premises; and WHEREAS, this property has been offered to the Town of Southold as a donation from The Nature Conservancy. The Town will be responsible for any acquisition costs associated with the transfer of fee title; and WHEREAS,the acquisition of these properties is in conformance with the provisions of Chapter 185 (Open Space Preservation); 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 has recommended to the Town Board that this action is consistent with the LWRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property; and WHEREAS, the Land Preservation Committee has reviewed the application for this donation • and recommends that the Town Board accept the donation of this property; and Resolution 2014-221 Board Meeting of February 25, 2014 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold accepts the donation of the subject property; 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 for this project that is attached hereto; now, therefore,be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that pursuant to the provision of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby accepts the donation of fee title to property identified as SCTM #1000-14.- 2-1.4 1000-14:2-1.4 and known as the Whitcom Marsh Preserve from The Nature Conservancy, the owner of record, for the purpose of open space preservation. The Town will be responsible for any acquisition costs associated with the transfer of fee title. The acquisition of this property is in conformance with the provisions of Chapter 185 (Open Space Preservation). The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town . Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended to the Town Board, and the Town Board has hereby determined, that this action is consistent with the LWRP. 6��67-2?� Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell • Updated: 2/25/2014 2:22 PM by Lynda Rudder Page 2 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be completed by A 3plicant or Project Sponsor) [3. . APPLICANT/SPONSORc 2. PROJECT NAME (� I owns d•� Jew'h�..� �,t��,��rtamn(�.+rS�\ tPse(1J�e.. - "�NC '�"owN PROJECT LOCATION: Municipality County S {k 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) Li 5. PROPOSED ACTION IS: 54 New ❑ Expansion Modification/alteration 6. DESCRIBE P OJECT BRIEFLY`. 2 ..� —/� N (� /Na 44"m ©� �[k5 N� !b. J�3r G��t° PCP$e(✓2- "v r,U {zj °LPt1N TRee pvr ms's. 7. AMOUNT O?F.LAbID AFFECTED: Initially acres Ultimately l acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ® Yes No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ® Residential Industrial Commercial "Agriculture Park/Forest/Open Space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? nYes FV] No If Yes,list agency(s)name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes a No If Yes,list agency(s)name and permit/approvals: 12. ASA RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes © No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE nTO THE BEST OF MY KNOWLEDGE Applicanf/sponsorvame: i t i�e v Q �oOftc� rt Date: I Z ZA t Signature: • If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT To be completed b Lead A enc A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. AmYes ® No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. 0 Yes ® No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: NO C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: NL-) C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: /10 C4. A community's existing.plans or goals as officially adopted,or a change in use or intensity of use of land.or other natural resources?Explain briefly: N� C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: �jo C6. Long tern,short term,cumulative,or other effects not identified in C1-05? Explain briefly: N11) C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? a Yes ® No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ©No If Yes,explain briefly: PART III-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 sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If.question D of Part 11 was checked yes,the determination of significance mustevaluate the potential impact of the proposed action on.the.environmental characteristics of the CEA. ElCheck this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,thatthe proposed action WILL NOT result inany significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination �ey�d 1 c�usr�cokR c� Name of Lead Agency Date So- ss \ O` K5ri :>V'O<<V Sam Print or Name of R nsible Officer in Lead Agency Title of Responsible Officer Q.f - Signature of Responsible Officer in Lead Agency Signature of Preparer(If diffe(ent from responsible officer) oF so�ryo OFFICE LOCATION: ,`O l0 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) G Southold, NY 11971 Telephone: 631 765-1938 COU Nf`i,�`6� Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: February 11, 2014 • Re: Proposed Gift of Fee Title of Whitcom Marsh Preserve to the Town of Southold Location: 650 Mulford Court, Orient,New York SCTM#1000-14.-2-1.4 Zoning District R-80 The proposed action involves the gift of fee title to vacant land known as the Whitcom Marsh Preserve totaling 16.343± acres from The Nature Conservancy,the owner of record, for open space preservation purposes in accordance with Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. 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 LVVRP. Please contact me at(631) 765-1938 if you have any questions regarding the above recommendation. Cc: Martin Finnegan, Town Attorney ""` C O " E© • Melissa Spiro, Land Preservation Coordinator FEB 1 1 201 7 c • i 0 s r N G E X • P E N S E S • Fidelity National Title VIII Insurance Services LLC 24 Commerce Drive Invoice Riverhead, NY 11901 (631)727-0600 Date April 15, 2014 (631)727-0606 Melissa Spiro,Land Preservation Coordinator Courtesy recording Town of Southold, Land Preservation Dept. 53095 NYS Route 25,P.O. Box 1179 Southold, NY 11971-0959 Invoice# Application Date Report Date DESCRIPTION TOTAL 203790-5 Deed from The Nature Conservancy to Town of $397.50 Southold w cert copy recorded 4.14.14 in Liber 12770 cp 537 Service Charge $50.00 SUBTOTAL TOTAL DUE $447.50 THANK YOU! Penny Whyard Acct. Dept. {_��U�� ct�l� U IJ APR 2 1 2014 DEP .OF LAND PRESERVATION ..................... . . I . ..................... ...................... ............. ..................... ............ .................. TOWN OF SOUMOLD VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 05/20/2014 CHECK 121126 FUND &: ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT A .8710.4.600.100 TBR221 203790-5 DEED RCRD—WHITCOM MARSH 397.50 A .8710.4.600.100 TBR221203790-5 S/C—WHITCOM MARSH 50.00 TOTAL 447.50 III Will pit P-7*1- M 2 wop-7-"WpPAM WN, VOW -4bra- ta— p-w V ..... a Z, jl.r .... . Op� W, ,all Awl,—114.w— q� 0 vll-1 F-W R �� r E C O R D E D Q U I � T C L A I M D E E D i • I IIIIIII IIII VIII VIII VIII IIT VIII IIID(IIII IIII IIII Ililllllllllliillllllllli SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 04/14/2014 Number of Pages : 6 At: 03 :39:25 PM Receipt Number : 14-0047976 TRANSFER TAX NUMBER: 13-23526 LIBER: D00012770 PAGE : 537 District: Section: Block: Lot: 1000 014 . 00 02 .00 001 . 004 EXAMINED AND CHARGED AS FOLLOWS �ed Amount: $0. 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30. 00 NO Handling $20 . 00 NO COE $5.00 NO NYS SRCHG $15 .00 NO EA-CTY $5. 00 NO EA-STATE $250 .00 NO TP-584 $5 . 00 NO Notation $0.00 NO Cert.Copies $7 .50 NO RPT $60 . 00 NO Transfer tax $0.00 NO Comm.Pres $0 .00 NO Fees Paid $397.50 TRANSFER TAX NUMBER: 13-23526 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ❑1 RECORDED 2014 Apr- 14 03:34:'25 Ph1 Number of pages JUDITH A. PASCALE CLERK OF SUFFOLK COUNTY This document will be public L D00012770 record.Please remove all P 537 Social Security Numbers DT# 13-2�3526 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Feeut Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation _ Spec./Assit. j _ or EA-52 17(County) Sub Totaly0 Spec./Add. EA-5217(State) _ TOT.MTG.TAX — R.P.T.S.A. Dual Town Dual County ��, Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit @s Mansion Tax So lY®� The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 �3n ,s0 family dwelling only. Sub Total YES or NO Other ajq ' If NO, see appropriate tax clause on Grand Total l7 page# of this instrument. 14009040 1000 01400 0200 001004 3-C) 4 Dist. pT S .004 5 Community Preservation Fund Tax Servc' RCWH 10- PR-A I IIIDI�II ILII ILII I�IIVIII VIII INII 111,11, Consideration Amount$ °— Agency P Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land X Melissa Spiro,Land Preservation Coordinator TD %0 Town of Southold,Land Preservation Dept. TD 53095 NYS Route 25,PO Box 1179 Southold,NY 11971-0959 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name ir2 www.suffolkcountyny.gov/clerk Title# ...i 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Quitclaim Deed made by: (SPECIFY TYPE OF INSTRUMENT) The Nature Conservancy The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Town of Southold In the VILLAGE or HAMLET of Orient BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over • UITCLAIM DEED This Indenture made this�day of "a jrC Ll , 2014 between THE NATURE CONSERVANCY, a District of Columbia non-profit corporation, with a principal address at 4245 North Fairfax Drive, Arlington, Virginia 22203, and maintaining a New York State Office at 195 New Kamer Road, Albany, New York 12205 and authorized to do business in the State of New York as The Nature Conservancy, Inc.,party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York with an address at 53095 Main Road, Southold,New York 11971,party of the second part. WITNESSETH That the party of the first part in consideration of One Dollar($1.00) lawful money of the United States, and other good and valuable consideration paid by the party of the second part, • does hereby remise, release and quitclaim unto the party of the second part, the successors and assigns of the party of the second part forever, all that certain plot,piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk, and State of New York, and being more particularly described in Schedule"A", attached hereto and made a part hereof, and also known as: Street Address: 650 Mulford Court Tax Map Designation: District 1000, Section 014.00, Block 02.00, Lot 001.004 BEING the same premises conveyed to The Nature Conservancy, by deed from Whitcdm Investment Company dated September 30, 1980 and recorded in the Suffolk County Clerk's Office on November 25, 1980 in Liber 8919, Page 497. SUBJECT TO any and all covenants, restrictions, reservations, agreements, easements and rights-of-way of record affecting said premises. SUBJECT TO any state of facts an accurate survey may show. is This conveyance is made subject to the expressed condition and limitation that the premises herein conveyed shall forever be held as a nature preserve for educational and charitable purposes, and shall be kept entirely in its natural state, excepting only the maintenance • of such fences and foot trails as may be appropriate to effectuate the foregoing purposes without impairing the essential natural character of the premises. Notwithstanding, however, in the event of condemnation of all or any part of the land covered by this conveyance or upon the happening of events beyond the control of the party of the second part,which would prevent perpetuation of the objectives hereinbefore set forth, then shall the party of the second part have the right to transfer or sell the property and apply the proceeds of either condemnation or sale to the acquisition or establishment of another nature preserve with appropriate recognition of The Nature Conservancy. This conveyance is made in the regular course of business of the party of the first part and does not constitute all or substantially all of the assets of the party of the first part. TOGETHER with all of the right, title and interest, if any, of the party of the first part in and to any strips or gores of land adjoining said premises and of, in and to any land lying in the bed of any stream, street, road or avenue, open or proposed, in front of or adjoining said premises to the center line thereof. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns forever. 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. 2 IN WITNESS WHEREOF 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. I Ali, ,�AW, - By: Nanc elly Its: Execlive Dir r, Long Island Chapter Hereby Duly Authorized State of New York ) County of .5uA0I ) ss. On the day of in the year 2014 before me, the undersigned, a Notary Public in and for said state,personally appeared Nancy N. Kelley,personally known to me or • proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public KATHLEEN S CONRAD NOTARY PUBLIC-STATE Of NEW YORK No. O1 C06293253 Qualified in Suffolk County My Commission Expires December 09, 2017 3 Schedule"A" All that certain plot, piece or parcel of land situate, lying and being at Orient in the Town of Southold, County of Suffolk, and State of New York, and being more particularly described as follows: BEGINNING at a point in the southeasterly corner of the premises to be described distant the following two (2) courses and distances from the intersection of the westerly line of land of Jessie Pemberton and the northerly line of Old Main Road, to wit: (1)North 1 degree 34 minutes 30 seconds East 152.98 feet; and (2)North 19 degrees 47 minutes 00 seconds West 20.00 feet; THENCE from said point of beginning running along lands of Estate of Amelia Sledjeski, formerly David Petty,North 19 degrees 47 minutes 00 seconds West 1125.87 feet to the southerly line of a proposed 60 foot right of way and other land of the party of the first part; RUNNING THENCE South 79 degrees 38 minutes 30 seconds West along the southerly line of said proposed 60 foot right of way 804.26 feet to a point in the northerly line of the premises herein described; RUNNING THENCE Southwesterly along the westerly line of the premises herein described on a curve to the left with a radius of 20.00 feet (said curve connecting the southerly side of said 60 foot proposed right of way with the easterly line of the proposed 50 foot right of way hereinafter described) a distance of 33.09 feet; RUNNING THENCE South 15 degrees 09 minutes 20 seconds East 505.64 feet along the westerly line of the premises herein described to land now or formerly of Ralph O. and Elinor L. Williams; THENCE along said last mentioned land the following two (2) courses and distances: (1) South 67 degrees 45 minutes 35 seconds East 894.70 feet; and (2) South 74 degrees 28 minutes 30 seconds East 236.20 feet to the point or place of beginning. TOGETHER with and SUBJECT to such rights as may be granted to others to a right of way for purposes of ingress and egress running from the Main Road (NYS Route 25) along the westerly boundary of the premises herein described and land of Ralph O. and Elinor L. Williams, said right of way being more particularly bounded and described as follows: BEGINNING at a point in the southwesterly corner of the right of way to be described said monument also being at the southeasterly corner of land of Harrison M. Demarest, Jr., Robert T. Demarest and Louis M. Demarest, formerly Lydia E. Young; THENCE from said point of beginning running North 15 degrees 09 minutes 20 seconds West 845.74 feet to the southerly line of a proposed 60 foot right of way and other land of the party of the first part; 4 RUNNING THENCE North 79 degrees 38 minutes 30 seconds East: along the southerly line of said proposed 60 foot right of way 71.92 feet to a point in the northerly line of the above described parcel of land; RUNNING southwesterly along the westerly line of the above described parcel of land on a curve to the left with a radius of 20.00 feet (said curve connecting the southerly side of said 60 foot proposed right of way with the easterly line of the 50 foot right of way herein described) a distance of 33.09 feet; RUNNING THENCE South 15 degrees 09 minutes 20 seconds East still along the westerly line of the above described parcel and along the westerly line of land now or formerly of Ralph O. and Elinor L. Williams 850.64 feet to the northerly line of Main Road (NYS Route 25); THENCE along said northerly line of Main Road (NYS Route 25) North 73 degrees 29 minutes 10 seconds West 58.75 feet to the monument at the point or place of beginning. 5 P • R O P E R T Y R � E C O R D S • OFFICE LOCATION: MELISSA A.SPIRO O�� CSGTown Hall Annex LAND PRESERVATION COORDINATOR ��. .f,� 54375 State Route 25 • melissa.spiro@town.southold.ny.us .t (corner of Main Rd&Youngs Ave) H = Southold,New York Telephone(631)765-5711 �y Facsimile(631)765-6640 Gy MAILING ADDRESS: �01 �a0 P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Data Processing Land Preservation Committee Town Comptroller Town Attorney Planning Board Dept of Public Works Trustees Peconic Land Trust The Nature Conservancy Suffolk Co Division of Real Estate From: Melissa Spiro, Land Preservation Coordinator Date: May 8, 2014 Re: THE NATURE CONSERVANCY to TOWN OF SOUTHOLD Open Space Acquisition • Please be advised that the Town of Southold has acquired fee title to the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 650 Mulford Court, Orient SCTM#: 1000-14.-2-1.4 PROPERTY OWNER: The Nature Conservancy PUBLIC HEARING: February 25, 2014 DEED RECORDED: April 14, 2014 PURCHASE PRICE: The property was donated by The Nature Conservancy to the Town of Southold at no cost. OPEN SPACE: 16.343 acres MISCELLANEOUS: The property which was known as the fifth lot of a subdivision, was considered unbuildable fresh water marsh and the Planning Board's 1980 approval required restrictive covenants pertaining to this parcel that resulted in the property being transferred to The Nature Conservancy. This property is known as the Whitcom Marsh Preserve. • S • U B D I V I S I O � N M A P �I 4 SONO ISLAko I a SOUNO \\ k 1SLANO LONG _ 9V[r9r[xux V[rta r""r _ \ /�j���'l✓g!°43'S�E 23191'r � i n[ux["wa'" pCl 196oB \ t _J N 199.81' 159.30^ q01-3_10 /e z'G•�y Bur1lD 5 '-----" b LOCATION MAP " --- SCALE 1"600' ------------ r0[° ------ ------------ "s, 0 4 Area 5.783Acros+ Are9-5755Acres f Aieo=5806Acresr r Argo-5.B/4Acres t - / 1 1 , a � 1 ---- -------- 4 N.79°S8�$ 87618 g 2 4 m 3 F-11679°7630 W P03 �5 .41 .rrx max r9r[P N s 'm\ Area 4/7.3.33 Acres \ i .J. Yom• � ..r!.. .� .d,. •,,," _x. ,a. \ N` 4T3f °W, "ry• ..Il• ..4. ,y_ Tom- ° k 06 N• •Ota `___--__•._ J-`` � `�t� i ^9o,°4gryi4 �� y>i _ - ---------- ��/v _- anr9N�asam`- �34t0 APPAOvED#1i PLANNING a AUG 29,/978 TC?/�i•}CP$i2ii}�I�,p 'u.rr r."r""'-%ar• 0{1�- MINOR SUED/VIS/ON REV/SED NOV.2,1970 DATI DEC.4,/978 OCT.4,/979 MB NOV.ts,1979 p6 yr pp JAN 8,1960 SEPT E,/980 ' "-�FwNl[i[�/�9LJ^• AO TOTAL AREA 40.49/ACRES 2 I N9rEs+ I. rHE WIIFR SVPPLYAMO SEWASEOISPORdL FACILITIES FORALL LOTS/NTMS DEMOPAENT SMALL COVPLY W/YJl THE STIADIRAf ANO REO(/d7EMENTS Or THE SUf/<'Q(K COON/YQS'PI yrMENTOR N£XTM Z. CONTOUR UNE$SHOWN TNUS-------5-------WERE APPROXIMATED FROM SUFFOLK COUNTY DEP9RTA/EHr OF/9A1L/C WO4NS 70P061TAPT/C YIP-f/VE£ASTERN TOWNS. J. SWPOLK L»(/MYTIX MIPO/9TR/C7/000•SECT/ON/4-BLOCK P-LOTI. ' 60'A/60ir0'T WAYOVER LOTS/,2,3 8 4 1S RESERVED PON POSSIBLE FUTWE N/6NWAYOEO/CAT/0N.- 5. NOSAN/TAF,YolsmsALFAc/L/rrsHALLBELOCA7rowrwN/OOfTOFTNETOPE06E0FrH£BLUFFOR N/TNIN 190 FT.OF TNF fO6f Of rNE fREMV WATER MARSA 6. NO ORID/ND SHALL OE PERM/TTfOW/TNIN 00fT Of rA1CTOpfOC£OFT//(&.UFF£XCfP7 TNIT r1Gr MAr vNfy'fSSARYTOCONTROL,7 REMEDYEROS/ONORTOO/VERT rmro4&Frrxc VMFLOW/NO OVER THE t•06F AM9OgYN TNf FACE OFTNE BLUFF. i 'T LYEAR/N64AOCUrrmoFVEGETAnMW1rNINSOFT.OFTNEr0PEDWaO?WE&Wf5WA41 BELIM LWO - / 7NArAFCMARYfOTALAA9TEMINCEAAO TAER£MOWLOFAWO90LSAASEDVE"WION- .�I, / L OFSf GfL AYANY ER At0,%kogm /Ol f1AESNYWATF NAE �OEOOOIIN TNffACE 8. AOEOUA7F DAA/NABEsmIc wee SHALL BEPROYinfo POOONTA/NW/7///N INES/TEALL STOAMWAT£R RUVWf R! LTAYOfRLWTIAt•OFVFLp TIENTANolA ROVEM£NTOF7NES7MD/V/s/ONOR,[NrOFITS- 107 SOT,AT TNER(AYOPFW/LL NOT FLOW 1NT0 rNESrArCRMO I � T � N C 2 0 1 4 B � A S E L I N E • • The 'Ur Conservancy Protecting nature.Preserving life' Easement Documentation Report Whitcom Marsh Preserve 16.343 Acres Town of Southold, Suffolk County, New York Prepared By: Derek Rogers Title: Preserves Manager Office Location: Uplands Farm Sanctuary Address: 250 Lawrence Hill Road Cold Spring Harbor,New York 11724 Condition of Property as of 3 i e I 1 Ol • • The ConseNature � rvancy -� Prowing nature.Preserving life' Acknowledgement of Condition This acknowledgement constitutes a part of a Deed Restriction Documentation Report prepared in conjunction with a deed restriction("Deed Restriction")reserved in a deed dated 3 13 110 14 ,from The Nature Conservancy, Inc.,a non-profit corporation organized and existing u der the laws of the District of Columbia("Conservancy"),to the Town of Southold. The Deed Restriction covers a 16.343 acre tract of land located in Town of Southold, ,County of Suffolk and State of New York,also known as The Whitcom Marsh Preserve(the"Protected Property"). The Deed Restriction Documentation Report is dated 3 �1 o f 014 and was prepared by Derek Rogers,Preserves Manager of The Nature Conservancy and includes a cover page,table of contents,maps,photographs,exhibits and this Acknowledgement,and contains a natural resources inventory of the protected property. The Town of Southold and Derek Rogers, a representative of the Conservancy, acknowledge and agree that the Deed Restriction Documentation Report is an accurate representation of the Protected Property at the • time of the transfer of the Protected Property from the Conservancy to the Town of Southold. TOWN OF SOUTHOLD THE NATURE CONSERVANCY, INC. By: By Print Name: Printed Name: pef� gay,s Title: �, AA',v isirai've As, J- Title: (�res«�ts MtnoS�� Date: it �201 Date: 3 101 14 • • STATE OF 10C?,w ) COUNTY OF !3u I L ) ss On the I 1 day of rc in the year ,the undersigned,personally h � i� before me appeared dq,w V,),,,.-cs.' k„Lpersonally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity,and that by his/her signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Notary Public r STATE OF 9b J COUNTY OF S �- ) ss On the t0 day of �A ” in the year,)ol`A before me,the undersigned,personally appeared Derek Rogers,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 1)onna Ivl Goju Notary Public, �Stato of Now YbrRt Qualltiti i In Nw,,S'xu GOUnty TOrm Explros Novorr bor 29,X16 No. 01GIE01 • • TABLE OF CONTENTS Page I. Cover page 1 II. Acknowledgement of condition 2 III. Baseline documentation A. Introduction 5 B. Location 5 C. Site description 5 D. Ecological features,conservation values&scope of easement 5/6 E. Structures and Other Improvements 6 F. Photographs 6 G. Prohibited and permitted uses of the Protected Property 6 Exhibit A: Deed with Legal Description Exhibit B: Maps of Property Exhibit C: Photographs Exhibit D:Map showing photo point locations Exhibit E: Aerial Photograph of Property • Conservation Easement Documentation A. Introduction This report has been prepared in conjunction with a deed restriction("Deed Restriction") reserved in a deed dated 3 1 aft I from The Nature Conservancy, Inc., a non-profit corporation organized and existing under the laws of the District of Columbia("Conservancy"), to the Town of Southold. The Deed Restriction covers a 16.343-acre tract of land located in the Town of Southold, County of Suffolk and State of New York, also known as The Whitcom Marsh Preserve, as legally described in a deed from the Conservancy to the Town of Southold, attached hereto as Exhibit"A" (the "Protected Property"). This Deed Restriction Documentation Report is intended to document the condition of the Protected Property as of the date of the Deed Restriction and to provide a natural resources inventory of the Protected Property. B. Location The Protected Property is located in Orient, Town of Southold, Suffolk County,New York. The Protected Property is shown on the map attached as Exhibit"B". The property can be reached by traveling east on Route 25, also known as Main Road, until you reach a private road called Beech Lane, which is located on the north side of Route 25. Turn left onto Beech Lane and park along the right side of the road. C. Site Description of Conservation Area The Protected Property is located in the Orient section of the Town of Southold,New York. Orient is located on the easternmost tip of the North Fork of Long Island. The Protected Property, a 16.343-acre parcel, consists of two kettle hole ponds bordered by wetland vegetation, primarily Phragmites australis. The ponds are not visible from the preserve boundary. The west boundary of the preserve runs along a private driveway that runs north/south and provides deeded access to the Protected Property. This same driveway bends toward the east and runs along a large portion of the Protected Property's north boundary. This driveway eventually turns north to access the Sinclair Property (preserve neighbor). The Protected Property's east boundary runs along Mulford Courtand along a series of undeveloped parcels. Much of the south boundary is wetland with a single residence, Mulford House Inc.,that lies between the Protected Property and Main Rd. Exhibit"B"contains an aerial map which supplements this description. D. Ecological Features/Conservation Values of the Protected Property The Protected Property is a kettle hole situated about 1000' feet south of Brown's Hills, which is an extension of the Harbor Hill Terminal Moraine. Whitcomb Marsh is a low point in the outwash plain and receives freshwater drainage from the north. This flow passes south from the marsh through a ditch then drains through a pipe under Route 25 to the head of"Broad Meadow," a brackish marsh to the south. Pioneer plants and phragmites dominate much of the Protected Property's boundary and around the pond edges. The fringe of the marsh is dominated by goldenrods, marshmallow,jack-in-the-pulpit,bayberry, wild grape vine, Rosa multiflora,and • some poison ivy. Black willows,red and swamp maple provide a roost site for Black-crowned Night Herons. Noteworthy bird species that were recorded using this wetland are Virginia Rail, Wilson's Snipe, Marsh Wren, and Saw-whet Owl. These birds were recorded in the 1980's and it's likely that habitat change has brought upon their absence in recent years. Regardless,the Protected Property is still used for a variety of breeding and migrant avifauna from fowl to songbirds. There are currently no existing trails that run through the Protected Property. Most of the preserve is inaccessible due to extremely dense vegetation growth. E. Structures and Other Improvements There are no structures or other improvements on the Protected Property. Parking is along the deeded right of way(Beech Lane). F. Photographs Photographs documenting the current condition of the Protected Property accompany this report and are incorporated by reference. The photographs were taken on August 2,2013 and are a true and accurate representation of the physical condition of the Protected Property's perimeter as of the date of this report. A brief description of each photograph appears in Exhibit"C"and the photographs follow. The points from which photographs were taken are shown on the map attached to this report as Exhibit"D". A 2010 Suffolk County aerial image of the Protected Property appears in Exhibit"E". • G. Prohibited and permitted uses of the Protected Property Certain text that follows is excerpted from the Deed Restriction. In the event of any conflict between text referenced in this EDR and the deed restriction, the deed restriction controls over any reference, excerpt or summary contained herein. "This conveyance is made subject to the expressed condition and limitation that the premises herein conveyed shall forever be held as a nature preserve for educational and charitable purposes, and shall be kept entirely in its natural state, excepting only the maintenance of such fences and foot trails as may be appropriate to effectuate the foregoing purposes without impairing the essential natural character of the premises." Current Condition: The Protected Property is currently being managed as a nature preserve. There are no structures or other improvements on the Protected Property. There are no existing trails that run through the Protected Property and most of the preserve is inaccessible due to extremely dense vegetation growth. • • EXHIBIT "A" DEED WITH LEGAL DESCRIPTION • • • QUITCLAIM DEED This Indenture made this jr�_day of ����1"1JY7 } ,2014 between THE NATURE; CONSERVANCY, a District of Columbia non-profit corporation, with a principal address at 4245 North Fairfax Drive,Arlington, Virginia 22203, and maintaining a New York State Office at 195 New Darner Road,Albany,New York 12205 and authorized to do business in the State of New York as The Nature Conservancy, Inc.,party of the first part, and TOWN OF SOUTHOL.D, a municipal corporation of the State of New York with an address at 53095 Main Road, Southold, New York 11971,party of the second part. WITNESSETH That the party of the first part in consideration of One Dollar($1.00) lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby remise,release and quitclaim unto the party of the second part,the successors and • assigns of the party of the second part forever, all that certain plot,piece or parcel of land situate, lying and being in the Town of Southold,County of Suffolk,and State of New York, and being more particularly described in Schedule"A", attached hereto and made a part hereof, and also known as: Street Address: 650 Mulford Court Tax Map Designation: District 1000, Section 0.14.00,.l3.lock 02.00, Lot 001.004 BEING the same premises conveyed to The Nature Conservancy, by deed from Whitcorn Investment Company dated September 30, 1980 and recorded in the Suffolk County Clerk's Office on November 25, 1980 in.Liber 8919,Page 497. SUBJECT TO any and all covenants,restrictions,reservations,,agreements, easements and rights-of-way of record affecting said premises. SUBJECT TO any state of facts an accurate survey may show. This conveyance is made subject to the expressed condition and limitation that the • premises herein conveyed shall forever be held as a nature preserve for educational and • charitable purposes,and shall be kept entirely in its natural state, excepting only the maintenance ofsuch fences and foot trails as may be appropriate to effectuate the foregoing purposes without impairing the essential natural character of the premises. Notwithstanding,however,in the event of condemnation of all or any part of the land covered by this conveyance or upon the happening of events beyond the control of the party of the second part, which would prevent perpetuation of the objectives hereinbefore set forth,then shall the party of the second part have the right to transfer or sell the property and apply the proceeds of either condemnation or sale to the acquisition or establishment of another nature preserve with appropriate recognition of The Nature Conservancy. This conveyance is made in the regular course of business of the party of the first part and does not constitute all or substantially all of the assets of the party of the first part. TOGE'T'HER with all of the right, title and interest,if any, of the party of the first part in and to any strips or gores of land adjoining said premises and of,in and to any land lying in the bed of any stream,street,road or avenue, open or proposed,in front of or adjoining said • premises to the center line thereof TOCTETHI ER with all right, title and interest,if any, of the party of the first part of,in and to any streets and roads abutting the above described premises to the center lines thereof, TOLE IIIER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns forever. AND the party of the first part,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 oilier purpose. • 2 • IN WITNESS WHEREOF 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. Fay: a'-lane _N I Ip , Its UxccI ivc l.)irZ1r,Long Island Chapter Hereby Duly Authorized State of New York ) County of aif, (r ) ss. On the day ofj in the year 2014 before me, the undersigned, a Notary Public in and for said state,personally appeared Nancy N. Kelley,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within.instrument and acknowledged to me that tic/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individuals) acted, executed the instrument. Notary Public KATHLEEN S CONRAD NOTARY PUBLIC-STATE OF NEW YORK No. O1 C06293263 Qualified In Suffolk County My Commission Expires Decembei 09,2011 3 Schedule"A" A]1 that certain plot, piece or parcel of Ii it situate, lying and being at Orient in the'Town of Southold, County of Suffolk, and State of'New York, and being more particularly described as follows: BEGINNING at a point in the southeasterly corner of the premises to be described distant the following two (2) courses and distances firom the intersection of the westerly line of land of Jessie Pemberton and the iwrtherly line of Old Main Road, to wit: (1) North 1 degree 34 minutes 30 seconds East 152.98 feet; and (2)North 19 degrees 47 minutes 00 seconds West 20.00 feet; THENCE from said point of beginning running along lands of Estate of Amelia Sledjeski, Cornierly David Petty, North 19 degrees 47 minutes 00 seconds West 1125.87 feet to the southerly line of a proposed 60 foot right ofway and other land of the party of the first part; RUNNING THENCE South 79 degrees 38 minutes 30 seconds West along the southerly.line of said proposed 60 foot right of way 804.26 feet to a point in the northerly line of the premises herein described; RUNNING THENCE Southwesterly along the westerly line of the premises herein described on a curve to the left with a radius of 20.00 feet (said curve connecting the southerly side of said 60 foot proposed right ofway with the easterly line of the proposed 50 foot right of way hereinafter described) a distance of 33.09 feet; RIJNNING'IHENCE South 15 degrees 09 minutes 20 seconds East 505.64 feet along the westerly line of the premises herein described to land now or fonnerly of Ralph O. and Elinor L. Williams; 'THENCE along said last mentioned land the following two (2)courses and distances: (1) South 67 degrees 45 minutes 35 seconds East 894.70 feet; and (2) South 74 degrees 28 minutes 30 seconds East 236.20 feet to the point or place of beginning. TOGETHER with and SUBJECT to such rights as may be granted to others to a right of way for purposes of ingress and egress running From the Main Road (NYS Route 25) along the westerly boundary of the premises herein described and Find of Ralph O. and Elinor L. Williams, said right ofway being more particularly bounded and described as follows: i3IGINNING ata point in the southwesterly corner of the right of way'to be described said monument also being at the southcastcrly Corner of Jand of Harrison M. Demarest, Jr., Robert T. Demarest and .Louis M. Demarest, formerly I,ydi:j E. Young; THENCE, from said point of beginning running North 15 degrees 09 minutes 20 seconds West 845.74 feet to the southerly line of a proposed 60 foot right ofway and other land of the party of file first part; 4 RUNNING THENCE North 79 degrees 38 minutes 30 seconds Fast: along the southerly line of said proposed 60 foot right of way 71.92 feet to a point in the northerly line of the above described parcel of land; RUNNING southwesterly along the westerly line of the above described parcel of land on a curve to the left with a radius of 20.00 feet(said curve connecting the southerly side of said 60 foot proposed right of way with the easterly line of the 50 foot right of way herein described) a distance of 33.09 feet; RUNNING THENCE South .15 degrees 09 minutes 20 seconds East still along the westerly line of the above described parcel and along the westerly line of land now or formerly of Ralph O. and Elinor L. Williams 850.64 feet to the northerly line of Main Road(NYS Route 25); THENCE along said northerly line of Main Road(NYS Route 25).North 73 degrees 29 minutes 10 seconds West 58.75 feet to the monument at the point or place of beginning. • I EXHIBIT B Map(s) of Protected Property Whitcom Marsh Preserve .Y �Yr a ik c�� d - cons•,, ` i'��x s� F�,•r 1 y � V t C Whitcom marsh preserve " ThcNature Parcel boundaries 0 ' 0.025 ' 0.05 ' ' ' 0.11 Miles Conservancy Other protected land P1001tnp "" Pmuv lw. • EDIT C LIST OF PHOTOGRAPHS The photographs listed below and incorporated herein were taken on August 2, 2013. The photographs accompany this report. Photo points are outlined on the map attached as Exhibit «D.99 Photo#1 —This photo was taken from the corner of Beach Lane(Private Rd.) and Main Road facing toward the northeast and looking toward the south boundary of the Protected Pro pert . r, Al y ,Mf • y Landowner Initials • TNC Representative Initials b9, 8 • Photo #2 —Taken just north of"Photo#I" and facing toward the north, looking up Beach Lane and along the western boundar of the Protected Pro inert (ri lit side of photo). Photo#3—Taken near the NW boundary looking south down Beach Road. r Landowner Initials TNC Representative Initials • Photo #4 —Taken near the NW boundary along Beach Lane, facing toward the east and showing some of the north boundary of the Protected Property(right side). z ti • Photo #5 —Taken along north boundary of Protected Property(right side of photo) looking east. r s, Il • Landowner Initials TNC Representative Initials_br, 10 • Photo#6—Taken along the north boundary of Protected Property (right side of photo) lookin east. Yrs .•Ag � :` „T L Photo#7—Photo taken from the Sinclair driveway looking south toward Protected Property's north boundar . Landowner Initials 10 TNC Representative Initials_t1k 11 • Photo#8—Taken from Beach Lane showiii the SW corner of the Protected Property. • Photo#9—Taken from the corner of Mulford Ct. and Private Road looking at the NE comer of the Protected Pro ert . s Landowner Initials Nl TNC Representative Initials 11 12 • Photo#10—Photo showin2 the actual marked NE comer of the Protected Property. Photo#11 —Taken just south of Photo Point#9 and looking south down Mulford Court showing the Protected Property's east bOUndar (right side of hoto). �Y Landowner Initials_A JO TNC Representative Initials_ 13 Photo#12—Taken from the south end of Mulford Court looking north showing the Protected Property's east boundary(left side of photo). �1 S I Landowner Initials__Nle_ TNC Representative Initials 14 EXHIBIT D Map of Photo Point Locations Whitcom Marsh Preserve 4 - , V, 41 t y. Whltcom mprsh preserve 0 0.025 0.05 0.1 Mlles N Th�Nature M, CJ Parcel boundaries , , , , , , A conservancy VV!!P M Other protected land °nMetlyn"�' Nnj'Ir 15 EXHIBIT E Aerial Photograph ti sS'id Ir•� �y, Pu Doundwin 16 aY� • A • E R I A L • • ✓ I �a / I i z 16 I ------------- ------------ gi I - y ��+.-`�_� .J' $ : "-"""�"`� Sw' �,' 'cam.,¢ .V v •. __ t ".; 2013 Googfe _ S U R V E Y • • 1 y EO fZp GFS, }.�,�fr: -'����/y/yy� ..�Ers'O•...1•,_'�•-�.a.+r � � r :. '� i._ PR02 OPp� kjflyii` 0 NYu� :.n21((f4 —_� / 51Ef 1' 876; rg ,. Y . z 5p. 6W.96 , v a \2 ;a m 41 p / \ W� It, x:11• Vii, �I% -11. .,Ir,. ::+ti_ ,I,�. _.C6 �'r\--.. �� ?o:. ' M , _4-}..' - 11 1 I•'W ,� 1 .�h. N ` - FRESH WAFE,9 MARSH. ... - .. _y :\ 1.� dlw '.'.• •_tom_ —.d1_ �„ .IIL, 1h __ _ a _ ' Area= !T.333 Acres.. a. �. JII-.. .Ill'_ J''�'.� JII.' .Ili. :I.� ,�I„ .. ..-..— •i1r_ O 1 ' �' MON 9F �•�,:`7 CT \�`\. - \` v_ EGM °Es/c ryEE Sr 9 s° P R°EAi rEO nvaa� - Ro ERrrco �R 9reo - .;825 Acre.-:. S�4o O _ \ � 23 11\ ���ly � FRAME BL 06 .62p _ x,17', 2+TORY FRAAIC NOU qpE O W :• �'E.OKENS r SB : FOUM1p . 4VERN•/656" _ W ' ':•,;\may.\ .� - ---�,3sa/,3 ''__.- , TQTAL Aa ' • :t 7 ACRES f .� g 3 REA 46.. / : A � E R I A L M A P t • The Nature Conservancy i - Whitcom Marsh Preserve � _ SC.TM# 1000-1.4.-2-1.4 Whitcom Marsh Preserve Donation to Town c 0 0 "r u: -e '( •`-.a log N, Ey'� x �a+ r7 :&MA ,.,. L4S , i r x t ' M1�3 T � 006 y , y � r rt � , a r✓ r + » 1 s .ag o R T ,4 Y 0.:x .. �j� r - IiAL . ,,_. .,.,a .... ,, --»•-..:asp- I iii.t t a x, Y T. s , r - �_//��j��_': t/ 4f 1 All A* , _.y�'9i E � •�$:•, � "'gyp♦.y� _ r t __r •T r a ' v , men". '00511 b AV "KI a. t o o y I +• v, 0 Map Prepared by o I OWN Town of Southold GIS a 17-11, January 28, 2014 �- , lie „+ o Ifs H IIS iv 4