RESOLUTION TO SCHEDULE PUBLIC HEARING TO ACQUIRE AN EASEMENT OVER PROPERTY OF 9A YOKO ROAD LLC

WHEREAS, the property of 9A Yoko Road LLC, with a street address at 9A Yoco Road in the Village of Dering Harbor, and designated as SCTM# 0701-001.00-03.00-008.000 (the “9A Yoko Property”), is surrounded by properties of the Village of Dering Harbor used for municipal and public water supply purposes; and

WHEREAS, the 9A Yoko Property is more particularly described in a deed dated February 24, 2017 and recorded in the office of the Suffolk County Clerk on April 12, 2017 in Liber 12908, page 220; and

WHEREAS, the 9A Yoko Property is a trapezoidal shaped-parcel of land with a maximum width of 44’ and a depth of 163 feet consisting of approximately 6,400 square feet (0.15 acres); and

WHEREAS, the replacement of the water tank on the adjoining Village property revealed the existence of decades old water mains running under and across the 9A Yoko Property and the necessity to utilize a portion 9A Yoko Property to maintain the water tank facilities in their current location; and

WHEREAS, a public hearing was held on April 19, 2021 pursuant to Article 2 of the Eminent Domain Procedure Law of the State of New York with respect to the acquisition of the 9A Yoko Property; and

WHEREAS, in lieu of further Eminent Domain proceedings, 9A Yoko Road LLC has offered to sell to the Village an easement for the furtherance of public water supply facilities and related municipal purposes for consideration of $7,500.00.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held at Saturday, December 11, 2021 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the acquisition of an easement in and over the property of 9A Yoko Road LLC for the furtherance of public water supply facilities and related municipal purposes for consideration of $7,500.00; and

BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing and deliver a copy to 9A Yoko Road LLC and its attorney:

NOTICE OF PUBLIC HEARING TO ACQUIRE AN EASEMENT

PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor shall hold a public hearing on Saturday, December 11, 2021 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the acquisition of an easement in and over the  property of 9A YOKO ROAD LLC; situate at 9A Yoco Road, in the Village of Dering Harbor, Town of Shelter Island, County of Suffolk, State of New York and designated as SCTM# 0701-001.00-03.00-008.000, more particularly described in a deed dated February 24, 2017 and recorded in the office of the Suffolk County Clerk on April 12, 2017 in Liber 12908, page 220.  The acquisition of the referenced easement is intended for the furtherance of public water supply facilities and related municipal purposes and is for consideration of $7,500.00.

BY ORDER OF THE BOARD OF TRUSTEES

                                                VILLAGE OF DERING HARBOR, NEW YORK