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Home My WebLink AboutWebber, Robert & Eleanor ,,-, ;""' ".¡¡<or" SOUTHOLD TOWN BOARD PUBLIC HEARING August 12, 2003 8:15 P.I\'!. HEARING ON THE PURCHASE OF DEVELOPMENT RIGHTS ON AGRICULTURAL LANDS OF ROBERT AND ELEANOR WEBBER, SCTM # 1000-19-1-11.3 Present: Supervisor Joshua Y. Horton Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham * * * * Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski * * * * Absent: Justice Louisa P. Evans COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) andJor Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of SouthoId hereby sets Tuesdav. Au!!ust 12. 2003. at 8:15 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearin!! for the purchase of a development ri!!hts easement on a!!ricultural lands for a certain parcel of property owned bv Robert and Eleanor \Vebber. Said property is identified as SCThI #1000-19-1-11.3. The property is located on the south side of Main Road, approximately 3000 feet east of the intersection of Main Road and Narrow River Road, in Orient. The development rights easement comprises approximately 8.9 acres of the 9.9 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $24,500 (twenty-four thousand five hundred dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: As noted, this hearing is for the purchase of development rights on approximately 8.9 acres on the Webber property in Orient. The total property is approximately 9.9 acres. There is currently an existing dwelling and some accessory structures towards the Main Road side of the property. The Webber's are proposing to keep the development rights intact on approximately 1- 1.5 acres around the house and accessory structures, and are offering the development rights on the tàrmland to the south of the house and accessory structures. The property is located within the R-80 Zoning District. It is included in the Town's Community l' 'l..,... South old Town Board-Public Rearing August 12, 2003 Preservation Plan and it is shown as farmland on the Town's Farm and Farmland Protection Strategy. The Town owns the development rights on the property to the south. The County owns the development rights on over 100 acres one property over to the west, and the State owns several 100 acres of land in the vicinity. The purchase price of $24,500 per acre is supported by an appraisal. Both the Land Preservation Committee and I support this development rights acquisition, and reconnnend that the Town Board proceed with the acquisition. In closing, I would like to thank the Webber family for offering the development rights to the town on this significant piece of farmland. ,""' 2 -. SUPERVISOR HORTON: I will open the floor to the public. response) We will close this hearing. * * * * (No response) To the Board? (No * * ~~e~ Southold Town Clerk - (-..- r¡-4,." .r~, ~ '- LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) andJor Chapter 6 Community Preservation Fund) oftl1e Town Code, the Town Board of the Town of Southold hereby sets Tuesdav. Au!!ust 12. 2003. at 8:15 p.m.. Southold Town HaIl. 53095 Maiu Road. Southold. New York as the time and place for a public hearin!! for the purchase of a development ri!!:hts easement on a!!ricuIturallands for a certain parcel of property owued bv Robert aud Eleauor Webber. Said property is identified as SCTM #1000-19-1-1 1.3. The property is located on the south side of Main Road, approximately 3000 feet east ofthe intersection of Main Road and Narrow River Road, in Orient. The development rights easement comprises approximately 8.9 acres of the 9.9 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Collllllittee, prior to the contract closing. The purchase price is $24,500 (twenty-four thousand five hundred dollars) per acre. The property is listed on the Town's COUlTIlunity Preservation Project Plan as property that should be preserved due to its agriclùtural value. FURTHER NOTICE is hereby given that a more detailed description ofthe above mentioned parcel ofland is on file in Land Preservation Department, Southold To\vn Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: July 29, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville T 0\\11 Clerk PLEASE PUBLISH ON AUGUST 14.2003. AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TÜWN CLERK, TOWN HALL, PO BOX ll79, SOUTHOLD, NY 11971. 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T.:,"," " (-klk 'II I \~ :;, ... 03 I ~ - ~, I ~-_:_.-~- ,..."1-1~ COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn. says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for.. -- -.I ..weekf5J "...juccessively, CO~ing oß~........t..----.day of ...... . úM.. __ __ _ ...,2003. ........ c..~Û~.... Emily Hamill NOTARY PUBLIC, Slale of New York No. 01lIA5059984 Qualified iu Suffolk County Commission expires '\1ay 06, 2006 ,', .' II I ,,1'~-~", "-'-'~ STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) '1 ~, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 5 day of n. , (f....rl , 2003, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the TO'WTI of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING TO BE HELD ON: 8:15 pm August 12, 2003 £ÓÌ~~¿¿d{).~U~. Lizabeth A. Nevil Southold TO\\TI Clerk Sworn before me tlns ,C:; dayofn Ll (',~ ,2003. £iJ (j rll , Uf'!. .~. yYì r~ Not¡\Ìy Public LYNDA M. BOHN NOTARY POBUe, State of New'lbrlr 1';10.01806020932 Oua!¡fred in Suffolk County Term Expires March a 20 01 . - -._-_...",--_.~-~-~-~ . ,~ , . 'L -.,--'-". '.:~r;.~'M 1111111111111111111111111111111111111'11.111 1IIIII.IIIml..~~* . . I,. '~~wE~ ·1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 15 Receipt Number : 04-0105955 TRANSFER TAX NUMBER: 04-08449 Recorded: At: 09/23/2004 04:30:11 PM LIBER: PAGE: D00012345 254 . .. District: 1000 Section: Block: 019.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Lot: 011 . 003 Deed Amount: Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $45.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $105.00 TRANSFER TAX NUMBER: 04-08449 - THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County '.'- -;<..- . "'" [i]Œ] ~ECORDED , . , 2004 Sep 23 D4;30~1! p~ jh Number of pages ..., TORRENS .Ed~~L3 ni p" RÜl;",a i fie CLERK OF SUFFCLK COU~H,{ ~ DOOO~2345 .Serial # P 254 DT* G4-ÜB44'? Certificate # Prior Ctf. # Deed I Mortgage Instrument Deed / Mortgage Tax Stamp Recording I Filing Stamps 3 FEES Page I Filing Fee qs~ EA-52 17 (County) EA-5217 (State) R.PTS.A. Sub Total 55- Mortgage Amt. 1. 'Basic Tax 2. Additional Tax Snb Total Spec.lAssit. or Handling 5. 00 TP-584 - ~ ~ Notation NYS Surcharge Other 15. 00 Sub Total SIJ~ Spec. I Add. TOT. MTG. TAX , Dual Town _ Dual Couuty Held for Appointment Transfer Tax ---e-- ,Mansion Tax : The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO Comm. of Ed, 5. 00 ~ Affidavit Certified Copy Grand Total . -- / 0 ~ - If NO, see appropriate tax clause on f'\page # of this instrument. ÇVJJ , ;I Blocf/7L?,/? Lot ¿J / t 16'£13 5 Community Preservation Fund Real Property Tax Service Agency Verification 1000 01900 0100 011003 Consideration Amount $ j47/2.Oð.>ö 0-0- $ ~'PT~ \ R CSE -A) '~~ CPF Tax Due ;"""\ Improved Vacant Land 'L --=>. TD / ¿1?iU ~ 7 Title Com an Information Co, Name '-k.W~ ?- Title# "2-3 - c- :2 J 1./3 Suffolk, County Recording & Endorsement Page This page forms part of the attached 6r&../"J to ð¡: bP..A/eI¿;prrt..vït- J?::t;/,.¡-s.. GQSeyn.{?'inte by: . . (SPECIFY TI'PE OF INSTR ŒNT) A I;;) beyr [;. t1Â?~be..r--~ The premises herein is situated in _ £/ørv) Or c. tue~ t~ SUFFOLK CpUNTY, NEW YORK. ~ OLuH..þj~ . f0LJV7 of C;oú-f-J-vW , . f ðUfr"!~ fflLll (l,2L/i'1. I<d / bou-H-m/4 NJ 1/47 / m 6 SatisfactionslDischargeslReleases List Property Owners Mailing Address RECORD & RETURN TO: m Mv.S'0óf' TO 2~+i-vújl In the Township of In the VILLAGE or HA1>ILET of ¿J~~ f BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) ~ " GRANT OF DEVELOPMENT RIGHTS EASEMENT ~ .. THIß DEED OF D~YELOPMENT RIGHTS EASEMENT, is made on the j.-d' OfJu..r>JL , 2001at Southold, New York. The parties are ROBERT E. UleBßeR, and ELEANOR C. WEBBER residing at 35 CHAPEL AVENUE, BROOKHAVEN, NEW YORK 11719 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, more fully described in SCHEDULE A attached hereto, made a part hereof and a survey dated June 20, 2002, last revised May 4, 2004, prepared by Stanley J. Isaksen, Jr., and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the R-SO Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town Code of the Town of Southold, Section 100-30. The Property is designated as part of Suffolk County Tax Map Parcel Number 1000-19-1-11.3; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #7, and the Grantor wishes to continue using the Property in an agricultural capacity and as scenic open space as defined in the Town of Southold; and WHEREAS, the Property is currently is agricultural use as row crops; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic, agricultural and open condition has substantial and significant value as an aesthetic and agricultural resource it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and .' WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE HUNDRED AND NINETY SEVEN THOUSAND-TWO HUNDRED DOLLARS and FIFrY CENTS ($197,200.50) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee,a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more partiGularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. // / TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the PropertY unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements} provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic or agricultural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a De'Je!opment Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental RecoQnition " New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. Grantee makes this determination based on a survey dated June, 2002, last revised May 4, 2004, prepared by Stanley J. Isaksen, Jr. and a Phase 1 Environmental Site Assessment dated September 9,2003', prepared by Nelson, Pope & Voorhis, LLC. Grantor and Grantee acknowlèdge ar¡dagree that in the event a controversy arises with respect to th~ nature ,and' extent ofthe Grantor's uses of the Property or its physical condition as of th~ date hereof, the parti~s shall not be foreclosed from utilizing any other relevant or material documents, surveys¡ reports, photographs, or other evidence to, ¡¡¡sSist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than the agricultural production as that term is presently defined by Section 301 of the New York State Agriculture and Markets Law, and/or Section 247 of the New York General Municipal Law and/or Chapter 25 of the Town Code of the Town of Southold. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1. 04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures Except as provided in Section(s) 4.06, the construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over, or under the Property, shall be prohibited. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including berms, driveways or walkways. 3.02 Excavation and Removal of Materials: Minina The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Purchaser. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization and composting. 3.05 Siqns The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorîzed entry or use, or (d) to announce Grantee's easement. Signs are subjE¡1ct to regulatory requirements of the Town. 3.06 Ponds and Water Courses (INTENTIONALLY DELETED) 3.07 Landscaping Activities The removal of trees, shrubs, or other vegetation from the property shall be prohibited except as provided in Section 4.04. 3.08 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and may be used solely to service the permitted structu res. 3.09 Prohibited Uses The use of the Property for any permanent or temporary residential, commercial or industrial use shall be prohibited. For the purposes of this section, agricultural production presently defined in Chapter 25 of the Town Code, shall not be considered a commercial use. 3.10 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices as defined by applicable law. 3.11 Drainaqe The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service any permitted structures. The use of the , Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.12 Development Riqhts The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace the pre-existing structures, and as provided in Section 4.06 the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. 4.04 Landscapinq Activities Grantor shall have the right to continue the current modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged. 4.05 Aqricultural Activities Grantor shall have the right to engage in all types of agricultural production activity as the term is defined in Chapter 25 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property with the prior written approval of Grantee, and as such approval may be required by the Code of the Town of Southold. Approval may be granted if the structure or improvement does not defeat or derogate from the purpose of this Easement or other applicable laws. These structures and improvements include: (i) Underground facilities used to supply utilities and and/or control stormwater runoff; (ii) Fences, if placed so as not to block or detract from the scenic view. B. Replacement of Improvements: In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, use, and general design to the damaged struCture shall be permitted within the same general location subject to the review and written approval of Grantee. C. Environmental Sensitivity During Construction: The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, which could adversely affect the environmental, scenic, open space, and agricultural values which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including any applications, information on the need for and use of such structures, and architectural plans of any proposed structures, if applicable. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. . Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS _0____ ,- ,-. --..,"',,.....-.... ~ --... ." . 5.01 Taxes and Assessments Grantor shall continue to pay aU taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such tax~, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Annual MowinQ Requirement (INTENTIONALLY DELETED) ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entrv and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Riqhts of Grantee Grantor aCknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to bel observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice theréof by Grantee (which notice requiliement is expressly waived by Grantor with respect to any such breach, defalult or violation which, in Grant¢e's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherWise to further the purposes of this Easement), Grantee sh-all have the right at Grantor's sole cost and expense and at Gr¡¡¡ntee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or per(nanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or two business days from the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinquishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.06, the fair market value of suth right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such ditferençe, clivided by the fair market value of the Property unencumbered þy this Easement, is hereinafter referred to. as the "Proportionate. Share"). In the event a materi,al and potentially unforeseeable charige in the conditions surrounding the Property makes impossible its continued uSe for the purposes çOntemplated hereby, resulting in ân extinguishment pf this EaSemen;t by a judicial proceeding, Grantor shall P¡¡¡Y to Grante~ ,an amount equal to the Proportipnate Sh.are of the fair marÞ::et valwe of the Property at such time, In the event of a sale by Grantor to an unrelc?ted person suþsequent to such extin:guishment, or a transfer m~de on accoùrit of the exercise of the po,yver of eminent d,oma¡n, the sale priGe or condemnation award shall estq'b~sh fair market \l13I'\;.le. Absent such a sale, the Property's fair market value shç¡1I be established by independent appraisal. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be modified in accordance with the common and statutory law of the State of New York applicable to the modification of easements and covenants running with the land. In addition, if the parties seek to amend this Easement, and such amendment does not alienate any property rights acquired by Grantee herein, the Grantee shall hold a public hearing with due notice to consider the amendment. Such an amendment may be approved by a majority of the Town Board, provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation , Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Code governing "qualified conservation contributions". 7.03 Alienation. No property rights acquired by Grantee hereunder shall be alienated except upon the adoption of a local law authorizing the alienation of said rights and interest, by a majority plus one vote of the Town of Southold, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations place upon alienation of this property rights or interests whi'ch were acquired by the Town prior to any such amendment. 7.04 Severabilitv Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governinq Law New York Law applicable to deeds and easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. 7.08 Barqain/Sale , . '. ~ .~ " . J Grantor may have the premises appraised by a qualified appraiser whose appraisal of the Premises may indicate a fair market value of the property in excess of the purchase price that Purchaser is paying for the Premises. Grantor is solely responsible for obtaining said appraisal, and the Grantee makes no representations as opt the fair market value of the Premises. If the above referenced appraisal indicates a higher fair market value for the Premises that the purchase price set forth in this Grant of Development Rights Easement, Grantor intends to make a charitable contribution to Grantee of the difference between the fair market value indicated in the above referenced appraisal and the purchase price paid by the Grantee, pursuant to Section lOU(Þ) of the Internal Revenue Code. 7.09 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.10 Recordinq Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.11 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: /?~Gw~ ROBERT E. WEBBER ~&#~~ ELEANOR c. WEBBER TOWN OF SOUTHOLD(Grantee) BY: oshua Horton Supervisor , . - .. ,." t ',___ ,_ .i' STATE OF NEW YORK) COUNTY OF SUFFOLK) 5S: On this 3~day ofdlsJo.fl- in th~ year 2004 before me, the undersigned, personally appeared RoWI-E. £.VId,k.r-, 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 perSOD upon behalf of which the individual(s) acted, executed the instrument. l~@l~ Notary Public ~ STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this~~ day of tfwa.... in the year 2004 before me, the undersigned, personally appeared é/£.4-1¡;..-c',. ~w, 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. KARFN J. HAGEN Kif{ PUB-LlC, State of New YOibrk NUL No. 02.HA492.702.9 Qualified in Suffolk County . Commission Expires March 2.1. 2.0 KAREN J. HAGEN RY PUBLIC, State of New York No, 02.HA4927029 ~L Qualified in Suffolk County tJD Commission Expires March 2.1. 20_ STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On the ~,,~( day of D~ in the year 2004 before me, the undersigned, a Netary Pyglic in and fgr ~êlia St~tc, personally appeared JOSHUA Y. HORTON, 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 he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. ()~l KAREN J, HAGEN NOTARY PUBUC, State of New York b' No 02HA4927029 /') Qualifi~d in Suffoik County V Commission Expires March 2t. 20_ ----- -.-.. ~--,-----,-~~~--=-~~-~~-~ \;i:- _~ Stewart Title Insurance Company Title No: 23-S-3143 Schedule A Description ALL that certain plot, piece or parcel of hind with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York and being bounded and described as follows: BEGINNING at a point on the southerly line of Main Road (N.Y.S. Route 25), distant 3277.00 feet more or less easterly from the corner formed by the intersection of the southerly line onvIain Road with the easterly line of Narrow River Road; Thence South 10 degrees 08 minutes 40 seconds West, 183.71 feet; Thence North 84 degrees 20 minutes 51 seconds West 100.00 feet; Thence South 05 degrees 39 minutes 09 seconds West, 151.55 feet to the true point of beginning; Running thence South 84 degrees 18 minutes 52 seconds East, 290.18 feet; Thence South 03 degrees 40 minutes 19 seconds East, 993.36 feet; Thence North 86 degrees 11 minutes 59 seconds West, 435.14 feet; Thence North 05 degrees 39 minutes 09 seconds East, 994.46 feet to the point or place of Beginning. TOGETHER with all right, title and interest of the party ofthe first part, in and to the land lying in the street in front of and adjoining said premises. -- -- -- -- --- ---- -- r'ì/---- I I 01 i§ i¡ ~ 0:1 ~I I F"F,=:['EFII~~, lL'="~L' rL~,'I~r Ç~FI)TEC' '::",\'~[P LlL ~B': e\' I II, Lr tJl ~~c· co <0 ... ',,'1 9;:-:' LII- ;:;;,r:- '" ,;'Ò:'~ L'L ~"H ee "_,,I .w 0, ,0 '" ~, in ° >: I"" CO .0 '" ,.., in CO >: '" "ö -c. ?~~ "'¡¡:or F'JuÄ.C. I?"'r -4-,:::l>;"Q ~9~ li' S' 6<,S<,;;> c? J~1/ c ' .\' >0 ' ¡ [J. .'>' .... H I 3';5 I I I I I 7)< J ~ ..?». rJ/F ~~~ GlANTZMArt,¡ . "- .-; !!? H'X~IN':; .'" CO ," & å >: IS 84'20'51 "£ Fo PiPE 100.00' c' ~, c---...;:;· ~"-LJ I;¿' ~R"'^,1E SHeD RESERvED IIREA= 65.24.3.56 S.F OP 1 498 Ar:RES c' <0 " ..,: '" '" ,..¡,PEA e..F PF?I:JPDSED CC:~,,'VEf~.NCE ¡:,F CrE'vEv)pr,AENT RIGHTS EÞ.SDJENT ,:HERED TO THE TOWN OF SOUTHOLD 8.4; 4- ACRE':; THIS ARE,'" ¡r,J(LUC,ES THE FIGHT OF \^!êY ALor,C THE EASTERLY PROPEPTI LlÎ~E:: .!-\OJÄI:Enr TO THE CrE'v,[i..OPMt~r~T PIGHTS BEIt.Jr:; OFFERED AJ1D ":))~JSIST'f'JG :-',F (:'.365 J.CPES. N 86' J '59"W 435,14' N 86',,'59"W I I I I '-ARM ROAD DIAtIA LATHA" FEPUTED O~'vr JER [E'I E:""::,,p,U¿r'.JT RI(';HTc "T/', ..,.~,. 451.28' , o SI)I<',. E'¡ r.:JF- [lESe PI8ED F,C;:C,PEFTY SITU,\ TE ORIENT, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. li:o SURVEYED ~ /ljJ 21."" HOWARG J HOE" '" PEPUTED OWNER '1 0")\ r\ \ I I I I I L '''' IN I", I", IN I : \ I I I I I I ~- \ Š -84·18·S2....E- - - - - - _ _ _ _ _ _'_ \ 290, 18'~- ,I 1\ I I I I I I I I I I I I I I "': 01 ~\ "I 0.1 iD\ " ",I I I I I I I I I I I I I I I I I I I I I I I I I I: 1\ I .. I 0, I I .?j \ :E\ I I .-- ¡ QJ¡ '" I >01 I I °1 ~I (J, \ I .,1 J> I CJt "'I ",I " I L'"' \ I I I I I I I I I I o '-" ... o. <D , '" :;; '" '" >0 ° b '" '" t'-' <D, <01 ~I '-"I "'I '1 I I I , I I I I I I I I I I , , I I I I I , I I PIP FOUNú 2 4 MI.'!' 04 FINAL PR0POSEO CrE"iEL'-:)PI.1ENT RIGHTS AREA AGREEMENT 2"'7 ,l..PRIL 04 PROPOSED DEVELOPMENT RIGHTS LINE AGREEMENT. 29 A:JG OJ PROPOSfD 1,5 ACRE LOT UNE CONFiC. FOR: ROBERT E, WEBBER !;IJ,~.p..4r'JTEEO TO Fe'GEFT I: WEBE;EF STEWART TITLE If·iSUR.:.,r J,:E T(iWN I:,F SOUTHQU) f~ ¡ I H.1# 1000-019-01-113 fClf ~L LOT ..REA, 4j1.7E6.72S,F ()I;; 9.91.2 AC,pE-::J TGTM_ L,:¡T A.REA:.. Ulr-JUS toREr' TO BE PETAlfJEO. .9.91::' ':'.:PES, .1 498 .:.CP£S C,E',,-EV',PMUJT Pli~HTS l)fTEFT[1 .2414 ':',~F'E5 ¡. .:':" I ,; ~ 1'1.. I,..: " ----- '::,,1": I' 1...'..- . i '..:: " II " ¡:' I' :,: , ~ ~ MAY .. ~ :¡ "II J~i I ^n04 LV [.~r·~ ':1" ~i\.r~J fr< ~E·(. 'TII-'~¡ CV~RAlI r[E:; INDICA rEO hEFE ()I, SHþLl Ruti L1NL \' TO THE P£R5QtJ F()R WNOM" 1"1-'£ suP V[ " IS PP[PM?ED, AND 0" HI5 BEHALF 1"0 fHE TiTLE COMPANr C.OV£RNlv/ErHAL ACEN':"", L[Nú/f.¡C IN5T1ri;TlOfJ, IF USTf.D HCP[,JfI, ~!iC' r:- THE ASSIGfJEE~ OF THE Œli(l/t:G IliST/TUT/CI! c:uIJ.R~,'JTEES '<fiE NC'" TRIJ.II<;';~TP~8tE E' ADOIT/Ç"vAL /NSTlTUTlONS ,)11 5UBSEOUEfJT ()~~r,E;;;S I}IJAUThCiR/ZED AL T[RA TlDN OP 4[rLY;)'Y" T'_-' r,-w; S'URV[ r IS A ~10LA nOtJ r)F _"EC n.;.·!, ?2IN ,JF !HE fiEw rOP¡.- sr" rr EDUCA TIC-Iv LIJ.I\ .~,)PI[S OF THIS 5UPV[r MA;:> NL",ï BEAKIt.":; rHE L~,'¡[' 'èL'HVErCrPS EMB'):;:~EL.- ~EAL S<-,'ALL II,:)T BE CC't,SIOtHEC' fC' Sf ., ',~L'[' T1i1"'[ CC.p'¡ 'iuP',EYEC' :=l) JUUE 21)C'':: Sf~~LE 1",= 1 C'O' AeE.4 = 43:,7.55.7.2 5.F. OR 9.'~12 L\,-:FES SURvEYED BY STN,JL[Y J, ISAKSEN, P,O. BO/ 294 ¡JEW SUFF'OLh. 1'1.). 631-l.' ,-5,535 ,-IP, I 19:'0 (X_::: 1 I - , ~ --- MELlSSA A. SPIRO LAND PRESERV AnON COORDINATOR me! issa.spiro@town.southold.ny.us OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of t..1ain Road & Youngs Avenue) Southold. New York Telephone (631) 765,5711 Facsimile (631) 765,6640 To: From: Date: Re: MAILING ADDRESS: P,O, Box \ \ 79 Southold, NY 11971,0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Melissa Spiro, Land Preservation Coordinator June 3. 2004 ROBERT E. WEBBER & ELEANOR C. WEBBER to TOWN OF SOUTHOLD SCTM #1000-19-1-p/o 11.3 Please be advised that the Town has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase, please feel free to contact me, LOCATION: OWNERS: 32300 Main Road, Orient Robert E. Webber and Eleanor C, Webber, his wife PURCHASE DATE: Closing took place 6/3/04 PURCHASE PRICE: $197,200,50 ($24,500/acre) EASEMENT AREA: FUNDING: PDR total acreage = 8.414 (includes 0.365 ROW) (purchase price based on 8,049 buildable acres) CPF (2%) Funds and Open Space Capital Funds MISCELLANEOUS: This property is listed in the Town's Community Preservation Project Plan, · , CLOSING STATEMENT ROBERT E. WEBBER and ELEANOR C. WEBBER to TOWN OF SOUTHOLD Premises: 32300 Main Road, Orient, New York SCTM #1 000-19-1-plo 11.3 Total Parcel Acreage = 9.912 acres Total PDR Acreage = 8.414 (PDR acreage minus 0.365 area of right of way = 8.049 buildable acres) Purchase Price of $197,200.50 based on 8.049 buildable acres at $24,500lacre disbursed as follows: Payable to Robert E. & Eleanor C. Webber Check #76770 $ 197,200.50 Expenses of Closing: Appraisal Payable to Andrew Stype Realty, Inc. Check #68006 (8113102) $ 1,750.00 Payable to Rogers & Taylor Appraisers, Inc. Check #69199 (1117102) $ 3,500.00 Survey Payable to Stanley J. Isaksen, Jr. Check #76467 (5118104) $ 750.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #73944 (1116103) $ 1,400.00 Title Report $ 1,400.00 Payable to Stewart Title Insurance Company Check #76735 Fee insurance Recording deed $1,201.00 $ 199.00 " Title Closer Attendance Fee $ 50.00 Payable to Karen Hagen, Esq. Check #76635 Closing took place on Thursday, June 3, 2004 at 11 :00 a.m., Southold Town Hall Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. William H. Price, Jr., Esq. Robert E. Webber Eleanor C. Webber Karen Hagen, Esq. Melissa Spiro Melanie Doroski John Sepenoski South old Town Supervisor Attorney for Town of Southold Attorney for Seller Seller Seller Title Company Closer land Preservation Coordinator land Preservation Administrative Asst land Preservation Committee Member .. WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS I am the owner of 1:.J.!j. acres of active farmland and/or acres of non- farmland, situated at Suffolk County Tax Map No 1000-019,00-01,00-011,003 and, that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1. Pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, I hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor Landowners TOWN OF SOUTH OLD By: r; "¡¡.r""' oshua Y. Horton, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 Il~~~ RðBERT E. WEBBER ~C-~ß,~ ELEANOR C. WEBB · - STATE OF NEW YORK )ss: COUNTY OF SUFFOLK ) On the3...Jday of ;:f Q.¡--.J¿ , 2004, before me personally appeared JOSHUA y, HORTON, personally known to me or provided 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 executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Nl=~ STATE OF NEW YORK ) KAREN J, HI\GE'N NOTARY PUBLIC, State of NewVo,", No, 02HA49270;'9 2h Qualified in Su1:01" Co'nty /lÎ Commission Expires March 21 , 2~ )ss: COUNTY OF SUFFOLK ) On the 3.,.-J day í!f~ ,2004, before me personally appeared Robert E. Webber, personally known to me or provided 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 executed the same in his capacity as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed th instrument. 1 KAREN J, HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 d Qualified in Suffolk County Commission Expires March 21, 20 t2 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the 1,..4 day .::(~ ,2004, before me personally appeared Eleanor C, Webber, personally known to me or provided 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 as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. )ss: 1 KAREN J, HAGEN NOTARY PUBLIC, State of New York No, 02HA4927029 Qualified in Suffolk County ..t2b Commission Expires March 21, 20 ALTA OWNER'S POLICY· 10·17·92 : V I) II ,r,: ;t :,: 'O":~'· ;¡V:' ¡:~,t' ))1 :¡V,), "A'¡ ,V'II ''0'' ;A;JI ,V¡ 'V'! ,':~:IÎi r ,;1 J/ ~-~ " 'o.-~' ~.~ _ c> ~~~~~fG ':-~ _, ,-, ,"",:'-'± L ,'if'..... J~ . ~ ~ ~,. ~ '" - - - - - - - ~ POLICY OF llTLE INSURANCE ISSUED BY STE'\VART TITLE® INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAlNEO IN SCHEDULE B AND THE CONDITIONS AND SllPULAllONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, II insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1, Title to the estate or interest described in Schedule A being vested other than as stated therein; 2, Any defect in or lien or encumbrance on the title; 3, Unmar1<etability of the title; 4, Lack of a right of access to and from the land, The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations, IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A, STE'\\'ART TITLE@ IN~"(ASC": <:"(1"-1.....\.:'\11.... Countersigned by: ~¿- President µ. ~aç·t~ " , -A:: eel. - ~ ...~~- .- -'-- ~"\I,SUR-~ I."~ ..........44-. "II¡,. ~..~""POI¡.A···ç..à .t''' .~~ -Yr-' ('"..~ ('('"0,,", ~~- 1987 oËf)'" '~".4-: ~.:~ \.~".~It 'lQ~.'.~ ~,.;. co--- - -- -----.... EXCLUSIONS FROM COVERAGE ¡he follo\\1ng motle~ ore expressly excluded hom the eoveroge of this policy ond the Compony \\111 not poy lOll or domage, costs, otlorne¡Ç fees or expenses vmich orise by reason of: t, (0) Any low, ordinance or governmental regulation (including but not limited to building ond zoning low;, ordinonces, or regulotions) restricting, reguloting, prohibiting or reloting to (i) the occuponcy, use, or enjoyment of the lond; (ii) the chorocter, dimensions or loeotion of ony improvement now or hereafter erected on the lond; (iii) a seporation in owne~hip or 0 chonge in the dimen~ons or oreo of the lond or ony porcel of vmich the lond is or \\Us 0 port; or (iv) en~ronmentol protection, or the effect of ony ~olotion of these low;, ordinonces or governmentol regulotions, except to the extent thot 0 notice of the enforcement thereof or 0 notice of 0 defect, lien or encumbronce resulnng from 0 ~olotion or olleged violonon affecting the land hos been recorded In the public records ot Dote of PoliCY. I (b) Any governmentol police pO\IIJr not excluded by (0) obove, except to the extent thot 0 notice of the exercise thereaf or 0 notice of 0 defect, lien or encumbronce resulnng from 0 ~olotion or olleged violotion offecting the lond hos been recorded in the public records ot Dote of Policy, 2, Rights of eminent domoin unless notice of the exercise thereof hos been recorded in the public records ot Dote of Policy, but not excluding hom coveroge ony to~ng vmich has I occurred prior to Dote of Policy vmich \\Uuld be binding on the rights of 0 purchoser for value without kn,medge, 3. Defects, liens, encumbronces, odverse cloirns or other motle~: (0) creoted, suffered, OIlUmed or ogreed to by the insured cloimant; (b) not knOW1l to the Compony, not recorded in the public records ot Dote of Policy, but known to the insured cloimant ond not disclosed in writing to the Compony by the insured cloimont prior to the dote the insured claimont become on insured under this policy; (c) resulnng in no 10\\ or damoge to the insured cloimont; (d) otloching or created subsequent to Dote of Policy; or (e) resulting in loss or damage vmich would not hove been sustoined if the Insured cloimont hod poid value for the estote or interest insured by this policy, 4. Any cloim vmich orises out of the tronsoction vesnng in the Insured the estate or interest insured by this policy, by reason of the operonon of federol bonkruptcy, stote insolvency, or similor credit05' rights low;, thot is bosed on: (0) the tronsoction creoting the estate or interest insured by this policy being deemed 0 houdulent conveyonce or froudulent tronsfer; or (b) the tronsoction creoting the estote or interest insured by this policy being deemed 0 preferentiol tronsfer except vmere the preferentiol transfer results from the foilure: (i) TO timely record the instrument of tronsfer; or (ii) of such recordotion to import notice to 0 purchoser for value or 0 judgment or lien creditor. ti' ~:~~y~: 0-8831- 303139 ~ - - -+- --- -------------~- NY-OOlI10-17-921 < , , "I I . Z ro ~w -<0 0° ,m .A<» 1'1' Z~ ro... ~'" , ~ ,-<0. Q(J) A- I .f......$ Oro '=- ~' J! ~ ,... 1. ..:...,j "~ .~ ~> ~~ ~~ : . 1. 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AHA OWNER'S POLICY SCHEDULE A Title No.: 23-8-3143 Policy No.: 0-8831- 303139 Date of Policy: 6/3/2004 Amount oClnsurance: $197,200.50 \. Name oflnsured: County: Suffolk Town of South old 2. The estate or interest in the land described herein and which is covered by this policy is: Easement created pursuant to Grant of Development Rights Easement dated June 3, 2004, executed by Robert E. Webber and Eleanor C. Webber and the Town of South old and to be recorded in the Suffolk County Clerk'slRegister's Office. 3. Title to the estate or interest in the land is vested in: Town of Southold. 4. The land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a pan hereof. District: 1000 Section: 0] 9.00 Block: 01.00 Lot: 011.003, 4612 (7/93) Page 2 STEWART TITLE INSURANCE COMPANY . . Stewart Title Insurance Company Title No: 23-S-3143 Policy No.: 0-8831-303139 Schedule A Description ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold. County of Suffolk and State of New York and being bounded and described as follows: BEGINNING at a point on the southerly line of Main Road (N.Y.S, Route 25), distant 3277.00 feet more or less easterly from the comer formed by the intersection of the southerly line of Main Road with the easterly line of Narrow River Road; Thence South lO degrees 08 minutes 40 seconds West l83,7l feet; Thence NOt1h 84 degrees 20 minutes 5l seconds West 100.00 feet; Thence South 05 degrees 39 minutes 09 seconds West, 151,55 feet to the true point of beginning; Running thence South 84 degrees l8 minutes 52 seconds East. 290.l8 feet; Thence South 03 degrees 40 minutes 19 seconds East, 993.36 feet; Thence North 86 degrees]] minutes 59 seconds West, 435,14 feet; Thence North 05 degrees 39 minutes 09 seconds East 994.46 feet to the point or place of Beginning, '- "L TA OWNER'S POLICY SCHEDULE B Title No.: 13-8-3143 Policy No.: 0-8831- 303139 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or e~penses) which arise by reason of: 1. Rights oftenant(s) or person(s) in possession, if any. 2. Subject to water charges, if any. 3. Survey made by Stanley J. Isaksen, Jr. dated 6/20/2002 (Note: shows final proposed development rights area agreemcnt datcd 5/4/2004) in which covers premises and more shows subject prem.ises as unimproved vacant land; (16) Sixteen foot right of way (as set forth in Liber 10735 page 45) located; Farm Road along southerly pan of premises. Company excepts any changes since the date of the survey used herein. 4. Right of Way set forth in Liber 10735 page 474. 5. Policy excepts any unpaid water, sewcr or strcet frontage charges. 6. Terms and conditions of Grant of Development Rights Easement dated June 3, 2004, executed by Robert E. Webber and Eleanor C. Webber and the Town of South old and to be recorded in the Suffolk COlmty Clerk's!Register's Office. 4613 (2/93 Page 3 STEWART TITLE INSURANCE COMPANY . . STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: 23,5-3143 ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8831- 303139 I. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor 01' material Furnished prior to the date hereof, and which has now gained or which may hereafter gain priority ova the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: n(d) [f the recording date ùf the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement when signed belm·\· by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules. Conditions and Stipulations therein. except as modified by the provisions hereof. Signed on 6/312004 STEW ART TITLE [NSURANCE COMPANY Ste\\art Title [nsurance Compan) (';"~:j- rJ_ . ! ._.~- ."-- "'-.. /..-- a~/ ecretary ~ Authorized Office or Agent Stewa..t Title Insurance Company 125 Baylis Road Suite 201 Meh ille, New YO"k 11747 Agent No.: 327005 STANDARD NEW YORK ENDORSE~IENT (9/]/93) FOR USE WITH AL TA OWNER'S POLICY (IO/17iQ2, NY-[(lû2