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Home My WebLink AboutGrippa, Paul & Maureen MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Elizabeth A. Neville Town Clerk From: Date: Re: Melanie Doroski Administrative Assistant June 24, 2005 GRIPPA to TOWN OF SOUTHOLD Development Rights Easement- 8.5142 acres SCTM #1000-122-1-2.2 n/k/a SCTM #1000-121-2-5 Enclosed for safekeeping in your office, please find the following documents: · Original Grant of Development Rights Easement dated May 4, 2005, between Paul Grippa and Maureen M. Grippa and the Town of Southold, recorded in the Suffolk County Clerk's office on May 31,2005, in Liber D00012389, at Page 769 · Original title insurance policy issued by Land America Commonwealth on May 4, 2005, in the insured amount of $255,426.00 · Closing Statement Thank you. encs. cc: Assessors w/copy of recorded deed Jack Sherwood w/copy of recorded deed and survey map Town Board w/o encs. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 16 Receipt Number : 05-0057904 TRANSFER TAX NUMBER: 04-42774 District: 1000 Deed A~unt: Recorded: At: LIBER: PAGE: Section: Block: 121.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $255,426.00 Received the Following Fees For Above Instrument Exempt Page/Filing $48.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert.Copies $10.40 NO RPT SCTM $0.00 NO Transfer tax Com~%.Pres $0.00 NO TRANSFER TAX NUMBER: 04-42774 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 05/31/2005 09:09:11 AM D00012389 769 Lot: 005.000 Exempt $5.00 NO $15.00 NO $0.00 NO $50.00 NO $0.00 NO $138.40 JUN 2 4 2o05 DEPI OF LAND PRESERVATION Number of pages \ ' TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument 31 Handling ,, 5. 00 TP-584 _ff~ Notation EA-52 17 (County) Sub Total EA-5217 (State) R.P.T.S.A. Comm. of Ed. 5. 00 Affidavit NYS Surcharge 15. 00 Sub Total Other Grand Total 4 Dist. [g)c~ Real Property Tax Service Agency Verification "x17-MAY~)~' Deed / Mortgage Tax Stamp FEES Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for AppoinUne~2 Transfer Tax ,~,J(~" Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO I if NO, see appropriate tax clause on page # of this instrument. Block ~ / Lot D 2_- lO00 12100 0200 005000 1000 12200 0100 002005 I Satisfactions/Discharges/Releases List Property Owners Mailing Address ~_l RECORD & RETURN TO: Community Preservation Fund Consideration Amount $ c~5 CPF Tax Due Improved Vacant Land TD /0 8 Suffolk County Recordiog & Endorsement Page This (~PECIFY TYPE'OF INSTRUMENT) ~'~ The premises herein is situated in SUFFOLK COUNTY, NE~RK. In the Township of ~'~{-- ~'~~ or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FIL. GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-122-1-2.2, more fully described in SCHEDULE A attached hereto made a part hereof and shown on the survey prepared by Peconic Surveyors dated October 19, 2004 hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the R-40 Zoning District of the Town of Southold. WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property as scenic open space as defined in the Town Code of the Town of Southold, or in an agricultural capacity as defined in this Easement; and WHEREAS, the Property consists of forest and open acreage with horse paddocks; and WHEREAS, it is the policy of the Town of $outhold, 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 and open condition has substantial and significant value as an aesthetic and agricultural resource since 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 TWO HUNDRED AND FIFTY-FIVE THOUSAND-FOUR HUNDRED AND TWENTY-SIX AND XX/100 Dollars ($255,426.00) 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 particularly 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: 0.0! 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 and agricultural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Development 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 Recognition 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 the enactment of General Municipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 2 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. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated October 19, 2004 by Peconic Surveyors and an Environmental Site Assessment dated October 8, 2004 prepared by Nelson, Pope & Voorhis, LLC. 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 open space and/or agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 25 and Chapter 59 of the Town Code of the Town of Southold (the "Town Code"). 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 3 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 4.06, and notwithstanding the definition of agricultural production in Chapter 25 of the Town Code, 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. Structures and improvements, limited to driveways and agricultural structures as they may be permitted in Section(s) 4.06 hereof, shall not be erected on, over, or under the Property without the prior written approval of the Grantee, as may be required by the Town Code now, or as it may be amended, which approval may be granted if the structure does not defeat or derogate from the purpose of this Easement or other applicable law. 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; Mininq 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 4 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, 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 unauthorized entry or use, or (d) to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Landscaping Activities The removal of trees, shrubs, or other vegetation from the property shall be prohibited except as provided in Section 4.04. Notwithstanding this provision, the property may be cleared in connection with agricultural production, as that term is currently defined in Chapter 25 of the Town Code. 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems not already in place 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 must be used solely to service the permitted structures. 3.08 Prohibited Uses The use of the Property for any residential, commercial or industrial uses and structures related to those uses, permanent or temporary, shall be prohibited. For the purposes of this section, agricultural production as defined in Chapter 25 of the Town Code shall not be considered a commercial use. 3.09 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 of the U.S. Department of Agriculture's National Resource Conservation Service. 3.10 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. 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. 3.11 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 any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and 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 Landscaping 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, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 Agricultural Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 25 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement. Notwithstanding the definition of agricultural production in Chapter 25 of the Town Code, structures shall be prohibited except as set forth in Section 4.06. 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 Town Code and the Town Land Preservation Committee or its successor committee. 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/or control stormwater runoff; (~) Fences, if placed so as not to block or detract from the scenic view; and A barn or other shelter for animals, equipment, crops or produce relating to the agricultural use of the Property, Such barn or other shelter for animals, equipment, crops or produce relating to the agricultural use of the Property shall not exceed a total footprint of ten thousand (10,000) square feet and shall not be located closer then fifty (50) feet to CR 48, B. Replacement of ]~mprovements: 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 5.01 Taxes and Assessments Grantor shall continue to pay all 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 taxes, 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 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultural production, then Grantor shall continue the current modes of landscaping, pruning and grounds maintenance. Grantor shall remove or restore trees shrubs or other vegetation when dead, diseased, decayed or damaged, thin, prune trees and mow to improve the appearance of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such maintenance. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry 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 Sections 5.04 and 6.03, 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 Rights 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 be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee'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 shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent 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 9 violation of any term, condition, covenant or obligation under this Easement. The prevailing party, as determined by a court of competent jurisdiction, shall pay to the other all reasonable attorneys' fees, court costs and other expenses incurred (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 the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTTCLE 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 Extinguishment/Condemnation If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural and/or open space value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. 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. l0 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under LR.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 may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local law. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder. Any such amendment shall be duly recorded. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or Chapter 59 of the Town Code and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, 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 placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability 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 to and easements on 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 11 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 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 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. 7.10 Headings 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: Paul Grippa (Granto~~' Maureen Grippa (Grantor) ~2 ACKNOWLEDGED AND ACCEPTED: TOWN O~ SOUTHOLD(Grante,e) ?oshua Y. Horton ~Supervisor STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this (~ay offl~¢) in the year 2005 before me, the undersigned, I~ersonally app~'ared JOSHUA Y. HORTON, 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 c~pacity(ies), and that by his/her/their signature(s) on the instrument, the ind~idual(s), or the person upon behalf of which the individual(s) acted, execi~d/the instr~n~t. ~.,~ · . /~L/1 /I/--, DENISE F. BURNS ,//r ~t~ ~ -/)1/ rz~'''~'' Notary Public, State of New York Nota~Public" '-~u ' N0.4805269 QuaMed in Suffo/k Coumy STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.' On this day of ~ n the year 2005 before me, the undersigned, personally appeared PAUL GR[PPA, 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 ir~LLvidual(s), or the person upon behalf of which the individual(s) acted, exe~t~d/the in stru~n~n/~ ~ , ~ .... ~ ~ ' No~P~o,~Y~ I~ HUDIIC ~ ~,~ ~ Coumy ~mm~le~ ExpiresSepmmber 30, 2006 STATE OF NEW YORK) COUN~ OF SUFFOLK) SS: tl[l'l On this~day of ~ in the year 2~5 before me, the undersigned, ~rsonally app~red HAUREEN'GR~PPA, 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 c~city(ies), and that by his/her/their signature(s) on the instrument, the indiv~l(s), or the pe[son upon behalf of which the individual(s) acted, execu~e~he instrum~ DENISE F. BURNS Nota~lic ~ co~~ ~:/~nn~/Town o~ 8 hold ~ter Do~um~nt,/OHpp~ ~ln~l ~w~lopm~nt Ri~ht~ 13 File No: RH04301763 SCHEDULE A-DESCRZPTZON AMENDED 01/06/05 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the Northeast corner of the premises herein described, said point being 842 feet (more or less) Westerly from the corner formed by the intersection of the Westerly side of Lipco Road with the Southerly side of Middle Road (C.R. 48); said point also being the corner formed by the intersection of the Westerly side of "Old Neck Road or Shirley Road" with the Southerly side of Middle Road (C.R. 48); RUNNING THENCE South 30 degrees 37 minutes 50 seconds East along the Westerly side of "Old Neck Road or Shirley Road", 135.70 feet to land now or formerly of Alderman, rvliska and Olmsted; RUNNING THENCE along said land now or formerly of Alderman, Hiska and Olmsted, South 69 degrees 19 minutes 30 seconds West, 91.00 feet to land now or formerly of Boehm; RUNNING THENCE along said land now or formerly of Boehm and land now or formerly of Klipp, South 75 degrees 23 minutes 40 seconds West, 199.90 feet to land now or formerly of Lynaugh; RUNNING THENCE along said land now or formerly of Lynaugh, South 80 degrees 17 minutes 30 seconds West, 100.08 feet to land now or formerly of Burt; RUNNING THENCE along said land now or formerly of Ourt and land now or formerly of Demchuk, South 78 degrees 00 minutes 30 seconds West, 174.92 feet; RUNNING THENCE continuing along land now or formerly of Demchuk, South 13 degrees 00 minutes 20 seconds East, 68.55 feet to land now or formerly of IVleyer; RUNNING THENCE along said land now or formerly of Meyer and land now or formerly of Sisson, South 76 degrees 18 minutes 50 seconds West, 165.00 feet; RUNNING THENCE continuing along land now or formerly of Sisson, South 13 degrees 00 minutes 20 seconds East, 264.00 feet to the Northerly side of Sound Avenue; RUNNING THENCE along the Northerly side of Sound Avenue, the following 2 courses and distances: 1) South 76 degrees 18 minutes 50 seconds West, 414.40 feet; 2) South 81 degrees 50 minutes 50 seconds West, 26.88 feet to land now or formerly of Grippa; RUNNING THENCE along said last mentioned land the following 2 courses and distances: 1) North ~.9 degrees 54 minutes 00 seconds West, 200.00 feet; 2) South 81 degrees 50 minutes 50 seconds West, 200.00 feet; RUNNING THENCE North 19 degrees 54 minu~es 00 seconds West, 43.34 feet; RUNNING THENCE South 74 degrees 49 minutes 00 seconds West, 408.81 feet to land now or formerly of L.I.P.A.; RUNNING THENCE along said land now or formerly of L.I.P.A., North 35 degrees :16 minutes West, 41.30 feet to land now or formerly of .IIMD, Inc.; Legal Description File No: RH04301763 RUNNING THENCE along said land now or formerly of JIMD, Inc., North 35 degrees 38 minutes 50 seconds West, 170.56 feet to the Southerly side of Middle Road (C.R. 48); RUNNING THENCE along the Southerly side of Middle Road (C.R. 48) the following 2 courses and distances: 1) Along an arc of a curve bearing to the right having a radius of 2820.79 feet, a distance of 168.62 feet; 2) North 76 degrees 00 minutes 40 seconds East, :1680.02 feet to the monument at the point or place of BEGINNING. EXCEPT]~NG TH£REFROM so much of the premises as described as follows: BEGINNING at a point on the southerly side of Middle Road (C. R. 48) distant westerly 1096.38 feet as measured along same from the intersection of the westerly side of Old Neck Road or Shirley Road with the southerly side of Middle Road (C. R.48); RUNNING THENCE South 32 degrees 26 minutes 00 seconds East, 100.00 feet; RUNNING THENCE North 73 degrees 33 minutes 00 seconds East, 120.61 feet; RUNNING THENCE South 16 degrees 27 minutes 00 seconds East, 117.72 feet; RUNNING THENCE South 73 degrees 33 minutes 00 seconds West, 4:19.80 feet; RUNNING THENCE North 19 degrees 54 minutes 00 seconds West, 31.97 feet; RUNNING THENCE South 74 degrees 49 minutes 00 seconds West, 40.31 feet; RUNNING THENCE South 17 degrees 49 minutes 00 seconds East, :194.79 feet to the southerly side of Middle Road (C.R.48); RUNNING THENCE along the southerly side of Middle Road (C.R.48) North 76 degrees 00 minutes 40 seconds East, 318.82 feet to the point or place of BEGINNING. ISSUED BY COMMON~VEALTH LA~D TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE iNSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, 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: I. 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. Unmarketability 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 inaured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authori,,ed officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Secretary By: President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (al Any law, ordinance or governmental regulation {including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to {il the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a vio[ation or alleged violation affecting the land has been recorded in the public records at Date of Policy. lb} Any governmental police power not excluded by (al above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverxe claims or other matters: (al created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; {c'~ resulting in no loss or damage to the insured claimant; id) attaching or created subsequent to Date of Policy; or (el resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest in~ured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (al the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or {b) the transaction creating the estate or imerest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (il to timely record the instrument of transfer; or 0il of ~uch recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA10 ALTA Owner's Policy (10/17/92) Face Page Form 1190-1A ORIGINAL Valid only if Schedules A and B and Cover are attached 2 'A11118¥11 JO NOIIYNII~J::I/ '.$1NIYI~ 111 H:]S ]$1t/~I:Ii]H10 I:10 ,k~d Ol SNOIldO '9 '::I~)¥1NyG I:10 S$O1 dO ::lOOlid '$ MAY, 4,21)(I.~ 9:I~AM CL R]VERHEAD 0,4-37 · F. 2 LandAmerica Commonwealth Amount of Znsurance: $255,426.00 Date of Policy: May 4, 2005 1. Name of Znsured: Town of $outhold File No: RHo4;301763 SCHEDULE A Policy No.: RH04301763 The estate or interest in the la ~d which is covered by this policy; Development Rights Title to the estate interest inl~he land is vested in; By grant of development rights &asement made by Paul Grippa and Maureen Grippa to the I'NSURED dated 5/4/2005 and to be recor~led in the Office of the Clerk of the City/Register Suffolk County. The land referred to in this pLlicy is described on the annexed Schedule A - Description. Countersigned: Authorized officer or Agent ALTA Owner's Policy (~.0-~,7-92) File No: RH04301763 SCHEDULE A - DESCRI'pTZON AI~IENDED 01/06/05 ALL that certain plot, piece or parcel of land, situate, lying and being at IVlattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the Northeast corner of the premises herein described, said point being 842 feet (more or less) Westerly from the corner formed by the intersection of the Westerly side of Lipco Road with the Southerly side of Middle Road (C.R. 48); said point also being the corner formed by the intersection of the Westerly side of "Old Neck Road or Shirley Road" with the Southerly side of rvliddle Road (C.R. 48); RUNNING THENCE South 30 degrees 37 minutes 50 seconds East along the Westerly side of "Old Neck Road or Shirley Road", 135.70 feet to land now or formerly of Alderman, [vliska and OImsted; RUNNING THENCE along said land now or formerly of Alderman, iVliska and Olmsted, South 69 degrees 19 minutes 30 seconds West, 91.00 feet to land now or formerly of Boehm; RUNNING THENCE along said land now or formerly of Boehm and land now or formerly of Klipp, South 75 degrees 23 minutes 40 seconds West, 199.90 feet to land now or formerly of Lynaugh; RUNNING THENCE along said land now or formerly of Lynaugh, South 80 degrees 17 minutes 30 seconds West, 100.08 feet to land now or formerly of Burt; RUNNING THENCE along said land now or formerly of Burr and land now or formerly of Demchuk, South 78 degrees 00 minutes 30 seconds West, 174.92 feet; RUNNING THENCE continuing along land now or formerly of Demchuk, South 13 degrees 00 minutes 20 seconds East, 68.55 feet to land now or formerly of Meyer; RUNNING THENCE along said land now or formerly of I~leyer and land now or formerly of Sisson, South 76 degrees 18 minutes 50 seconds West, 165.00 feet; RUNNING THENCE continuing along land now or formerly of Sisson, South 13 degrees 00 minutes 20 seconds East, 264.00 feet to the Northerly side of Sound Avenue; RUNNING THENCE along the Northerly side of Sound Avenue, the following 2 courses and distances: :L) South 76 degrees 18 minutes 50 seconds West, 414.40 feet; 2) South 81 degrees 50 minutes 50 seconds West, 26.88 feet to land now or formerly of Grippa; RUNNTNG THENCE along said last mentioned land the following 2 courses and distances: 1) North 19 degrees 54 minutes 00 seconds West, 200.00 feet; 2) South 81 degrees 50 minutes 50 seconds West, 200.00 feet; RUNNI[NG THENCE North 19 degrees 54 minutes 00 seconds West, 43.34 feet; RUNNING THENCE South 74 degrees 49 minutes 00 seconds West, 408.81 feet to land now or formerly of L.I.P.A.; RUNNING THENCE along said land now or formerly of L.I.P.A., North 35 degrees 16 minutes West, 41.30 feet to land now or formerly of lIND, Inc.; RUNNING THENCE along said land now or formerly of ]TND, THC., North 35 degrees 38 minutes 50 seconds ALTA Owner's Policy (10-[7-92) File No: RH04301763 West, 170.56 feet to the Southerly side of Middle Road (C.R. 48); RUNNING THENCE along the Southerly side of Middle Road (C.R. 48) the following 2 courses and distances: 1) Along an arc of a curve bearing to the right having a radius of 2820.79 feet, a distance of 168.62 feet; 2) North 76 degrees 00 minutes 40 seconds East, 1680.02 feet to the monument at the point or place of BEGINNING. EXCEPTZNG THEREFROM so much of the premises as described as follows: BEGINNING at a point on the southerly side of Middle Road (C. R. 48) distant westerly 1096.38 feet as measured along same from the intersection of the westerly side of Old Neck Road or Shirley Road with the southerly side of Middle Road (C. R.48); RUNNING THENCE South 32 degrees 26 minutes 00 seconds East, 100.00 feet; RUNNING THENCE North 73 degrees 33 minutes 00 seconds East, 120.61 feet; RUNNING THENCE South 16 degrees 27 minutes 00 seconds East, 117.72 feet; RUNNING THENCE South 73 degrees 33 minutes 00 seconds West, 419.80 feet; RUNNING THENCE North 19 degrees 54 minutes 00 seconds West, 31.97 feet~ RUNNING THENCE South 74 degrees 49 minutes 00 seconds West, 40.3:~ feet; RUNNING THENCE South 17 degrees 49 minutes 00 seconds East, 194.79 feet to the southerly side of Middle Road (C.R.48); RUNNING THENCE along the southerly side of Middle Road (C.R.48) North 76 degrees 00 minutes 40 seconds East, 318.82 feet to the point or place of BEGINNING. ALTA Owner's Policy (i0-17-92) File NO: RH04301763 SCHEDULE B EXCEPT~'ONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of the following: Rights of tenants or persons in possession. 2. Taking for Middle Road in Liber 5471 Page 66. 3. The tax search herein shows a partial or full exemption from taxation. The exemption from taxation will terminate immediately upon the transfer of title to the insured. Policy excepts the lien of restored taxes, plus penalty and interest, if any. 4. Unpaid water charges to date, if any. Survey made by Peconic Surveyors dated ].0/19/04 shows subject premises improved by a 2 story frame building with seven (7) frame building, coop and dog pen; a)Gravel area enclosed by fencing; b)Gravel driveway runs through the central portion of the premises; c)Overhead wires and utility pole in southerly area; d)Fence encroaches an undetermined distance South of the southerly record line; e)Overhead wires and utility poles at variation to northerly record line; f)Fence in northerly area and at variation to westerly record line; g)~nterior fencing shown. No other variations or encroachments. 6. 2004/05 2nd half Town and School taxes. ALTA Owner's Policy (10-17-92) Commonwealth File NO: RH04301763 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLTCY) ATTACHED TO AND MADE A PART OF POLTCY NO. 04301763 ZSSUED BY COMMONWEALTH LAND TTTLE ZNSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of 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 countersigned below 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. Commonwealth Land Title ]nsurance Company Dated: May 4, 2005 Countersigned: By: ~_J~L~--~ ~,,.~K.~3 Attest: ~~. By: ~~-*"' Secretary Authorized Officer or Agent President Standard New York Endorsement-Owner's ~0. ~74. LandAmerica' Commonwealth oldCountry Road, Suite 2 651-727-7760 ~ax 631-727-7815 MORTGAGEE: Home Federal .~vliqgs ~.ank AMOUNT; $150,000.00 DATED: ! t/20/92 RECORDED: l~14/g2 RECORDED lrN: Libor '[.~.27 Pa~e 533 NORTGAGOR: Paul Grippe end ~aureen H. '1 HORTGAGEE: Home Federal Sa~l~s Bank H AMOUNT: $13,556.26 . '~ DA~D: 0)/27~B RECORDED: 09/09/98 AECO~ED iN: Ltber [9395 Peg~ 78 ~GREEM~T: Consol~atlon end B~EEN: Paul G~ppa end M~u~en[[ AND: Home Feder*l ~wngs Ban DATED: 03~7/~ RECORDED: 09/09/98 RECORDED IN; U~er 19395 Page 7~ . " Consolidabts m°rtgage nt~ml~e~ ' 4rid 2 f:° '°rm e single line °f $ [40,S00'00~_ ' NOTE; Mo~gag.es cover ~mises~d more. ' ~leN~IRH04~0~Tfa SCHEDULE EXCEPTZONS: FROM COVERAGE This policy does not i~sure against oas 9r dama;e (and the Company will not pay costs, attonncy's fees or ~penses) whlc~ a~$e by ~eson of ~e ~Jlowing: Rights of ~nan~ or p~ons in ~sSessJon. 2. Ta~ng ~or Nid~le Road in Liber ~71 Page 3. ~e tax search herein s~ows a pa~la~ or ~ I ~emptioq from taxation. ~e eXemp~io~ from ~xation will resinate immediately uoon the i[ransfer of Utle to the Insured. PoJi~ excepts t~e lien of restored taxes/plus pe~aJW and interest, If any. 4. Unpaid water charges to date, if ~ny. $u~ey made by P~onl¢ Surveyo~ dated 10/~9/04 shows subje~ premises improved by a frame building with seven (7) fr~e building, coop and dog pen; a)Gravel a~a enclosed by fencing; b)Grevel driveway runs through :~e centcal potion of the premises; c~Ove~ead wires and utiliW pole ~n Southerly area; d~Fe~ encr~ch&s an undetermined dJstan~ South of ~he somberly reco~ line; e)Overhead wires and uflllW pole~, et variation to no~heHy ~rd line; ~Fence in ~o~her/y area and verier)on ~ w~erly re~ line; ~)Znte~or fencing shown. No other ~a~lons or enccoachmen~. 6. No,gage ma~e by Haumen H. Grippe and Paul GHppa ~o Home Federal Savings Bank, ~ and/or assi{ns, In t~e e~ount of S'i50,000.00~ dated November 20, ~992 ~corded December i4, ~992, In L[ber 1~27 0age 533, 7. Mo~gage made by Paul GHppa an~ Maureen N. Grippe ~o Home Federal Savings ~ank, Its successors and/~r assigns, in the amount of $~[3,566.26, dated March 27, [g98 reco~ed $e~ember 9, Llber ~9395 page 7~. ~nselzdate~ and Extended byAg~ement dat~ Na~h 27, ~998 r~o~ed $eptember g, lg98, in Uber ~939~ page 79, con~ldates ~e above two mo~gages ~ ~ a single lien of $~40,500.00, by Su~rdinaUon and Rel~e Agreement baleen No~h Fork Bank and The Town Southold dated April iS, 2005 to ~ recorded in the ~¢e of the Cler~Reglster of Suffolk (Cove~ premises a~d more). 8. 200~/05 2nd half Town and Sc~ol~xes. ALTA Owner's Policy (10-17-92) CONDITIONS AND STIPULATIONS ' · (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE· This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reasor~ of matters insured against by this policy and only to the extent herein described. (a) The liabihty ol the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the At, cunt of Insurance stated in Schedule A at the Date o[ Policy is less than 60 percent ol the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date ol Policy an improvement [s erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated ~n Schedule A, then this Policy is subject to the following: ii) where no subsequent improvement has been made, as to any parhal loss, the Company shall only pay the loss pro rata ~n the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy: or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion thai 120 percent of the Amount of Insurance stated in Schedule A bears to the sum ol the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions ol this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company ~s liable under this policy, and shall only apply to that podion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A (c) The Company wdl pay only those costs, attorneys' fees and e~(penses incurred in accordance with Section 4 of these Condibons and Stipulations. 6. APPORTIONMENT· If the land described in Schedule A consists of two or more paine,s which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as il the amount of insurance under this policy was divided pro rata as to the value on Date ol Policy ol each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, hen or encumbrance, or cures the lack ol a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, ~t shall have fully performed its obligabons with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event ol any litigation, including htigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (cJ The Company shall not be liable for loss or damage to any insured Ior liability voluntarily assumed by the insured in settling any claim or suit without the prior wntten consent of ~he Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys fees ~qd expenses, shall reduce the amount of the insurance pro tunic. 11. LfABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to ~n Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this pol;cy for endorsement ol the payment unless the policy has been lost or destroyed, in which case proof of loss of destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days therealter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation· Whenever the Company shall have setffed and paid a claim under th~s policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessan/in order to perfect this nght of subrogation. The insured claimant shall permit the Company to sue, compromise or seit~e m the name of the insured claimant and to use the name of the insured cta~mam in any transaction or litigation involving these rights or remedies. If ~ payment on account of a claim does not fully cover the loss of the ~nsured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If ~oss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors· The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights ol the insured to indemnities, guaranhes, other policies of insurance or bonds, notwithstanding any terms or cond~bons contained in those instruments which provide for subrogahon rights by reason of this policy. 14. ARBITRATION, Unless proh~blled by applicable law, e~ther the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not hmlted lo, any controversy or claim between the Company and the insured arising out of or relating to this policy, any serwce of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the oplion of either the Company or the insured. Ali arbitrable matters when the Amount of Insurance is in excess of $1,000,0g0 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be b~nding upon the parties. The award may include attorneys' fees only ~f the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. ,*, copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POUCY; POLICY ENTIRE CONTRACT· to) This policy together w~th all endorsements, if any, at[ached hereto by the C3mpany is the entire policy and contract between the insured and the Company. In interprebng any provision ol this policy, this policy shall be construed as a whole. tb) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asseding such claim, shall be restricted to this policy. tc) No amendment of or endorsement to this policy can be made except by a wrisng endorsed hereon or at[ached hereto signed by either the President, a V~ce President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company· 16. SEVERAB[LITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include Ihe number ol this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, ¥irgin~a 23261-7567. NM1 PA10 ALTA Owner's Policy (10/17/92) Form 1190-3 Cover Page ORIGINAL Valid only if Face Page and Schedules A and B are attached CLOSING STATEMENT PAUL & MAUREEN GRIPPA to TOWN OF SOUTHOLD Development Rights Easement - 8.5142 acres 8.5142 buildable acres @ $30,000/acre Premises: 1100 County Route 48, Mattituck, NY plo SCTM #1000-122-1-2.2 Total Parcel Acreage - 10.5142 acres Closing held on Wednesday, May 4, 2005, at 10:00 a.m., Land Preservation Dept., Southold Town Hall Annex Purchase Price of $255,426.00 disbursed as follows: Payable to Cole Taylor Deferred Exchange Corp. Check #79968 (5~4~05) $ 255,426.00 Expenses of Closing: Appraisal Payable to Given Associates Check #73173 (9/9/03) Survey Payable to Peconic Surveyors, P.C. Check #79271 (11/30/04) Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #79100 (11/16/04) Title Report Payable to LandAmerica*Commonwealth Check #79969 (5/4/05) Fee insurance $1,454.00 Recording deed $ 301.00 $ 2,700.00 $ 3,500.00 $ 1,200.00 $ 1,755.00 Title Closer Attendance Fee $ 75.00 Payable to Denise Burns Check #79967 (5~4~05) Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. Paul & Maureen Grippa P. Edward Reale, Esq. Denise Burns Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Sellers Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst VENDOR 003312 COLE TAYLOR DEFERRED EXCHANGE 05/04/2005 CHECK 79968 Ff~D & ACCOT~IT. P.O.~ I}~OICE H3 .8660.2.600.100 050405 DESCRIPTION GRIPPA CLOSING-8. TOTAL AMOUNT 255,426.00 255,426.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 GIVEN A S S 0 C I A T E S PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 August 5, 2003 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Property of Paul and Maureen Grippa S.C.T.M. #1000-122-1-2.2 and 2.3 Located Southerly Side of Middle Road Mattituck, New York 11952 File# 2003301 $2,700.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK .Y JE Date Trx. Date Fund Account ......................... Use Acti 8/12/2003 8/12/2003 H3 .6~0 8/12/2003 8/12/2003 H3 .600 8/12/2003 8/12/2003 H3 .600 8/26/2003 8/26/2003 A .600 9/09/2003 9/09/2003 H3 .600 9/23/2003 9/23/2003 H3 .600 11/18/2003 11/18/2003 H3 .600 12/02/2003 12/02/2003 H3 .600 12/02/2003 12/02/2003 H3 .600 3/09/2004 3/09/2004 H3 .600 3/23/2004 3/23/2004 H3 .600 4/06/2004 4/06/2004 H3 .600 4/20/2004 4/20/2004 H3 .600 9/07/2004 9/07/2004 H3 .600 Select Record(s) 11/04/2004 11/04/2004 H3 .600 ......................... Use Acti or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-09092003-727 Line: 92 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 9/09/2003 SDT 9/10/03 : : Trx Amount... 2,700.00 : : Description.. APPRAISAL-GRIPPA PROPRTY : : Vendor Code.. 007416 : : Vendor Name.. GIVEN, SRPA/PATRICK A. : : Alt Vnd.. : : CHECK ........ 73173 SCNB : : Invoice Code. 2003301 : : VOUCHER ...... : : P.O. Code .... 10655 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 9/09/2003 : : Date Cleared. 9/30/2003 : : F3=Exit F12=Cancel : PECONIC SURVEYORS, PoCo P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 · Fax (631) 765-1797 TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD N.Y. 11971 NOVEMBER l0th, 2004 FOR PROFESSIONAL SERVICES RENDERED, SURVEY AS PER QUOTATION DATED 9/1/04 SUFFOLK COUNTY TAX MAP NO: 1000-122-01-2.2 FEES: $3,500.00 GL108S 20 TOWN OF SOUTHOLD Disbur$ Inquiry by Vendor Name ** Actual .............. Detail--GL100N .............. Vendor.. 016144 PECONIC SURVEYORS, : W-11302004-213 Line: 213 Formula: 0 : : Account.. H3 .600 : dE Date Trx. Date Fund Account ......................... Use Acti 7/31/2001 7/31/2001 H3 .600 8/28/2001 8/28/2001 A .600 6/03/2003 6/03/2003 H3 .600 12/02/2003 12/02/2003 H3 .600 3/23/2004 3/23/2004 H3 .600 5/04/2004 5/04/2004 H3 .600 5/04/2004 5/04/2004 H2 .600 11/30/2004 11/30/2004 H3 .600 Select Record(s) or Use Action Code : Acct De$c ACCOUNTS PAYABLE : : Trx Date ..... 11/30/2004 SDT 11/30/04 : : Trx Amount... 3,500.00 : : Description.. SURVEY-GRIPPA 122-01-2.2 : : Vendor Code.. 016144 : : Vendor Name.. PECONIC SURVEYORS, P.C. : : Alt Vnd.. : : CHECK ........ 79271 SCNB : : Invoice Code. 04-281 : : VOUCHER ...... : : P.O. Code .... 12747 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 11/30/2004 : : Date Cleared. 12/31/2004 : : F3=Exit F12=Cancel : Nelson, Pope & Voorhis, LLC 5?2 Walt Whitman Road Phone: 631-427-5665 Melvilte NY 11747 Fax: 631-427-5620 Invoice Property: 04325 Project: VA01615 1100 County Route 48, Mattimck Manager: McGinn, Steven Town of Southold Devt of [.and Preset',' To~ Hall 53095 State Rt 25, PO Box 1179 Southold N~' 11971 Attention: MelanJ. e Doroski Invoice #: 2769 Invoice Date: October 28, 2004 blAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS htvoice Amount $1,200. O0 Contract Dated September 3, 2004 - Item #1: Prepare Phase I Environmental Site Assessment Work Performed: 9/20 thru 10/4/04 Contract Amount: $1,200.00 Percent Complete: 100.00% Fee Em'ned: $1,200.00 Prior Fee Billings: $0.00 Current Fee Total: $1,200.00 *** Total Project htvoice Amount $1,200. GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y dE Date Trx. Date Fund Account ......................... Use Acti 6/01/2004 H3 600 6/01/2004 H3 600 6/15/2004 H2 600 7/13/2004 B 600 7/27/2004 H8 600 7/27/2004 A 600 8/10/2004 A 600 8/10/2004 A 600 8/10/2004 A 600 8/10/2004 A 600 10/19/2004 H3 600 11/16/2004 H3 .600 11/16/2004 H3 .600 12/28/2004 H3 .600 1/18/2005 B .600 6/01/2004 6/01/2004 6/15/2004 7/13/2004 7/27/2004 7/27/2004 8/10/2004 8/10/2004 8/10/2004 8/10/2004 10/19/2004 ,Y 11/16/2004 11/16/2004 12/28/2004 .. 1/18/2005 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-11162004-114 Line: 249 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 11/16/2004 SDT 11/16/04 Trx Amount... 1,200.00 Description.. PHASE I ESA-GRIPPA Vendor Code.. 014161 Vendor Name.. NELSON, POPE & VOORHIS, Alt Vnd.o CHECK ........ 79100 SCNB Invoice Code. 2769 VOUCHER ...... P.O. Code .... 12748 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 11/16/2004 Date Cleared. 11/30/2004 F3=Exit F12=Cancel AFF:,21.2b']q 9:20AM CLT[C RIVERHEAD LandAmerica Commonwealth NO. 450 Title No: P, H0430J. 763 Date Printed: April 21, 2005 Applicant: Town of $outhold/Land Preservation Order Type: Purchase/Resale Coordinator Premises: llO0 County Road 48 Sales Rep: Lisa Fox MatUtuck, NY Date of Closing: County: Suffolk Purchaser: Town of Southold Closer: [TEM ~,MOUNT ~TEM ' ' ~.,'.. AMOUNT =ee ][nsurance- $255,426.00 $:L,454.00 Document tO Follow ~lortcjege InsuranCe - ~0,Q0 Deed ~ ¢~/¢q'~'e ~ ~ I- 0 0 .~econd Hortgage- lortgage. l'hird f4ortcja~e Consolidetio~ & Extension Agmt -- · . Satisfaction of Nortgaqe 255 Affidavits Other ........ pa~oni¢ Bey Tax .... 'NYS Transfer Tax NYC APT iReal Estate Tax, ECB, PVB, etc. To :)ther Survey Pas~hru Deparl~na~tal Searches flortgage Tax ... Cerbficate or Occupancy ~ortgagor S~reet Repor~ ~, vlortgagee Bankruptcy ~0, Dther Sewer Search , %. :~ther . iH. ousinq and Buildln9 3ther IFIre :~ther IEmergency 3ther . .. -- ,~urvey [neoection :)that Dther :3ther qun[clpa[ Searches :outlet / Delivery ~e JCC~e County ~scrow ,e;ervlce...Charge JCC's State Dther ~ther S. scrow to hold {~po J,O purpo.~) ~th~r 3epo$it (Included in Net TOTAL NET CHARGES~ [EST) RECE~'PTS CHECKS PAYABLE TO Commonwealth Land Title ~nsurance Company CCircle One) Buyer/Seller. Buyer/Seller $ Buyer/Seller $ Buyer/Seller $ CHECKS PAYABLE TO OTHER THAN Commonwealth Land Title ~nsurance Compally (Circle One) Buy~r/S~llcr $ Buyer/Seller Buyer/Seller *NOTE Rates & charges herein are subject to change b~sed or, the rates in effect at the I;Ime Commonwealth Land Tit e Insurance Company t85 Old Counb~ Road, Suite 2, Riverhead, New York ~.90.I. Phone: (~3t) 727-7760 L J'OWN OF SOUTHOLD 53095 MAfN ROAD SOUTHOLD, NEW YORK 11'971-0959 DATE 05/04/2005 ONE THOUSAND SEVEN HUNDRED FIFTY FIVE AND 0C/100 DOLLARS PREPAID N50/.46~9 9 ~ 9 CHECK NO. AMOUNT 79969 $t, 755.00 PAYTO LANDAMER I CA *COMMONWEALTH THE 185 OLD coUNTRY ROAD OROER OF PO BOX 419 · RIVERHEAD NY 11901 "'0?qq~q,,' I:O2&l, OSl,&l,,: F:] OOOO0~ 0~' VENDOR 003350 LANDAMERICA*COMMONWEALTH o5/o /2oo5 CHECK 79969 PI~D & ACCO[mIT P.O.~ H3 .8660.2.600.100 12750 INVOICE RH04301763 DESCRIPTION ~40UNT FEE POLICY/DEED-GRI 1,755.00 TOTAL 1,755.00 TOWN OF SOUTHOLD . SOUTHOLD NY 11971 0959 SEVENTY FIVE AND 00/100 DOLLARS TO~VN OF SOUTItOLD 53095 MAIN ROAD SOUTNOLD, NEW YORK 119T1-0959 DATF 05/04/2005 PREPAID ,~5o/.,~ ~)~ 9 9 6? CHECK NO AMOUNT 79967 $75.00 PAY TO THE ORDER OF DENISE BURNS C/O COMMONWEALTH LA~D TITLE CO 177 OLD COUNTRY ROAD RIVERHEAD NY 11901 O0000N 0"' VENDOR 002783 DENISE BURNS 05/04/2005 CHECK 79967 H3 .8660.2.600.100 p.©.~- T~/©TC~ RH04301763 D~gCRIPTION AMOUNT TITLE CLOSER FEE-GRIPP 75.00 TOTAL 75.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971 0959 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR tnelissa.spiro @ town.southold.ny.us Telephone i631) 765-571 I Facsimile 1631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MALLING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager From: Melissa Spiro, Land Preservation Coordinator Date: May 4, 2005 Re: PAUL & MAUREEN M. GRIPPA to TOWN OF SOUTHOLD plo SCTM #1000-122-1-2.2 Please be advised that the Town has acquired the development rights on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: OWNERS: PURCHASE DATE: PURCHASE PRICE: TOTAL PARCEL ACREAGE: EASEMENT AREA: FUNDING: MISCELLANEOUS: 1100 County Road 48, Mattituck Paul & Maureen M. Grippa Closing took place May 4, 2005 $255,426.00 (based on 8.5142 buildable acres @ $30,000/acre) 10.5142 acres 8.5142 acres Community Preservation Funds This property is listed in the Town's Community Preservation Project Plan. The landowner left out a 2-acre reserve area from the development rights easement acreage. See attached sketch for clarification. ELIZABETH A. NEVILLE TOWN CLE I~K REGISTRAR OF VITAL STATISTICS ~L~LRI~La-GE OFFICER RECORDS l~LA2,!AGEIVtENT OFFICER FREEDOi~I OF [NFOP&~LkTION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou~holdtown.northfork.met OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 716 OF 2004 WAS ADOPTED AT THE REGULAR 1V[EETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 21, 2004: WHEREAS, the Town Board of the Town of Southold held a public heating of the question of the purchase of a development rights easement on a certa'm parcel of property o~wned by Paul and Maureen Grippa, on the 21st day of September, 2004, pursuant to the pro~Ssions of Chapter 25 (Agricultural Lands Preservation) and Clmpter 6 (Community Preservation Fund) of the Town Code, at ~rhich time all interested parties were given the opportunity to be heard; and WHI*~REAS, said property is identified as SCTM #1000-122-1-2.2. The address is 1100 County Road 48 and is located on the southerly side of County Road 48 approximately 400 feet east of the intersection of County Road 48 and Sound Avenue in Mattituck in an R-40 zoning d/strict; and WHEREAS, the development rights easement comprises approximately 9.0 acres of the 11.0 acre parcel identified as SCTM #1000-112-1-2.2. The exact area of the development rights easement is subject to survey; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space and agricultural value; and WHEREAS, the property is in the xdcinity of other lands on which either the Town or the County have preserved; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the purchase price is $30,000 (thirty thousand dollars) per buildable acre; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Paul and Maureen Grippa~ pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold, Said property, is identified as SCTM #1000-122-1-2.2 and 1100 County Road 48 and is located on the southerly side of County Road 48 approximately 400 feet east of the intersection of County Road 48 and Sound Avenue in Mattituek in an R-40 zoning district. The development rights easement comprises approx/mately 9.0 acres of the 11.0 acre parcel_ The exact area of the development rights easement is subject to surrey. The purchase price for the easement is $30,000 (thirty thousand dollars) per buildable acre_ Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN REGISTR,Mt OF \qTAL STATISTICS lkiARRIAGE OFFICER RECORDS i%L-kNAGE},/ENT OFFICER FREEDOM OF INFOtL~LkTION OFFICER Toxvn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown, nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 695 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOXVN BOARD ON SEPTEMBER 21, 2004: ~VItEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owmed by Panl and Maureen Grippa, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified a~ SCTM #1000-122-1-2.2. The address is 1100 Cotmty Road 48 and is located on the southerly side of County Road 48, approximately 400 feet east of the intersection of County Road 48 and Sound Avenue in Mattituck in an R-40 zoning district. The development rights easement comprises approximately 9.0 acres of the 11.0 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price for the easement is $30,000 (thirty thousand dollars) per bnildable acre; now, therefore, be k RESOL~,q~D by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations~ 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Tow'n of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it fro/her RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it farther ~ ~ © © RESOLVED that the Town Board of the To~m of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk #7113 STATE OF NEW YORK) )SS; COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 16th day of September ,2004. Sworn to before me this 2004 CHRISTINA VOLINSKI NO'JAR¥ PUSLIC-STATE OF NEW YORK No. 01-VO6105050 Qualified in Sulfolk County Commission Expires February 28. 20.08 Principal Clerk day of /~/"~ Z.4 ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pur~uan~ to the provisions of Chapter 25 (k~iculmr~l Lands) and/or Chapter 6 (2% Communli3, Preservation Fund) of the Town Code, the -Town Board of the 1.E0 acre parcel. The exact area of the development fights easement is subject [o survey. The purchase price is $30,000.00 (thirty thousand doLlals) per buildable acre. The proper~ is listed on the Project Plan as propers- that ~hould be preserved due to its open space and a~i- FURTHER NOTICE is hereby given that a more detailed description of the above menfionedparcel of land Ls on file Southold Town Hall Annex, 54375 Mare Road (Route 251, Southold_ New York. and may be examined by any Dated: September 7, 2004 BY ORDER OF THE TO%VN B O_~,D OF THE TO~N OF SOUTHOLO Etb*abeth Nevilie, Town Clerk 7113-1T 9/16 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS I:I~.REBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Tox~m Code, the Town Board of the Totem of Southold hereby sets Tuesday, September 21, 200& at 5:10 p.m.:, Southold Town Hall~ 53095 Main Road. SoutholtL New York as the time and Place, for a public hearing for the purchase of a development rights easement on,agricultural lands for a ee~ain parcel of property owned b~t Paul and 3laureen Gnp~a. Said p{operty is identified as part of SCTM #'1000-1-2-!-2.2. The arklress~,~ ~[00 Coun.~ Road 48, Matutugk, New York, and ~ located on the southerly · . . . ..~ ~ .. s~4e~o~'Cp~mty Ro.a.,c[ g83 approxrmately 400 feet east of the intersection of Cotmty Road 48'· ~ld~Si~und. ~en,'~e4. in iMatfituck in. an R-40 zoning district.. The development rights easer~en~,compris?~pproximately 9.0 acres of the 11.0 acre parcel. The 'exact area of the development tSglxt~ easement is subject to sutw~ey. The purchase.price,is $30,000_00 (thirty thousand dollars) per bnildable acre. The property is listed On the Tox~m's Conununity Preservation Project Plan as property that should be pre.serf~d due to its open space and 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 Depm"craent, Southold Town'Hall Annex, 54375 Main Road (Route 25), Southold, New York, a~d may be examined by interested person daring business h~urs. Dated: September 7, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville To~m Clerk PLEASE PUBLISH ON SEPTEMBER 16~ 2004~ AND FORW:&RD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWNHALL, PO BOX 1179, SOUTHOLD, NrY 11971. Copies to the following: Suffolk Times Toxxm Board Members Melissa Spiro (4) Town Attorney Town Clerk's Bulletin Board @ © STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworrt, says that on the qn't4 day o£~~..~:~ 2004, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Soutlxold, Suffolk Connty, New York, to Mt: Town Clerk's Bulletin Board, 53095 Ma'm Road, Southold, New York. PUBLIC H~EARING: September 2I, 2004 5:10 pm, Grippa ~-~lizabe~l~ A. Nevil6,e Southold Toxvn Clerk Sworn before me this C~ day o f~&~z[2- ,2004. LYNDA M. BO HN I~IOTARY PURLIC), State of NewYork No. 01BO602093~ Qualified in Suffolk Cour,,{y Term Expires March 8, 20 ~ ELIZABETH A. NEVILLE TOWN CLERK REGISTIDkR OF VITAL STATISTICS RL~. RR L~-GE OFFICER RECORDS I~,L~IAGEMENT OFFICER FREEDOM OF INFOi~L~kTION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Towr~ Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telepho~_e (631) 765-1800 sour holdt owr~.rmrtlffork, net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 674 OF 2004 WAS ADOPTED AT T]:I~. REGUL.a~R MEETING OF THE SOUTHOLD TOXVN BOARD ON SEPTE~,~BER 7, 2004: RESOLVED that pursuant to the provisions of Chapter 25 (Agticultaral Lands) and/or Chapter 6 (2% Cormnuniw Preservation Fund) of the Town Code, the Town Board of the Tox*~ of Southold hereby sets Tuesday, September 21.2004, at 5:10 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 rights easement on a~ricultural lands for a certain parcel of property owned by Paul and Maureen Grippa. Said prope~y is identified ~s part of SCTM #1000-122-1-2.2. The address is 1100 County Road 48, IVIattituck, New York, and is located on the southerly side of County Road 48, approximately 400 feet east of the intersection of County Road 48 and Sound Avenue, in Mattituck in an R-40 zoning district. The development rioohts easement comprises approximately 9.0 acres of the 11.0 acre parcel. The exact area of/he development fights easement is subject to survey_ The purchase price is $30,000.00 (thirty thousand dollars) per bnildable acre_ The property is listed on the Town's Community Preservation Project Plan as property that should be presc~ed duc to its open space and agricultural value. © C FUKTI-~P,. NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Ma'm Road (Route 25), Southold, Nexv York, and may be examined by any interested person during business hours. Elizabeth A. Neville So.uthold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING September 21, 2004 5:i0 P.M. HEARING ON THE PURCHASE OF A DEVELOPI~IENT RIGHTS EASEMENT ON AGRICULTURAL LANDS OF GRIPPA~ SCTM #1000-122-1-2.2. Present: Supervisor Joshua Y. Itorton Justice Louisa P. Evans Councilmau John M. Romanelli Councilman Thomas H. Wickham Councilman Daniei C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS ltEREBY GIVEN that pursuant to the proxfsions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, September 21, 2004, at 5:10 p.m., Sonthold Town Hall, 53095 Main Road~ Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on a~ricultural lands for a certain parcel of property owned by Paul and Maureen Grippa. Said property is identified as part of SCTM #1000-122-l-2.2. The address is 1100 County Road 48, Mattituck, New York, and is located on the southerly side of County Road 48, approximately 400 feet east of the intersection of County Road 48 and Sound Avenue, in Mattituck in an R-40 zoning district. The development rights easement comprises approximately 9.0 acres of the 11.0 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $30~000.00 (thirty thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space and 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 To~m Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. COUNCILMAN WICKHAM: It has been published in the local nexvspaper, it has appeared on the Town Clerk's bulletin board and I have no further communications on it. SUPBRVISORHORTON: Thank you, Cotmcilman Wickham. Ms. Spiro. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi. Once aga'm, Melissa Spiro, Land Preservation Coordinator. As Councilman Wickham mentioned, this is the purchase of a Septemb'er 21, 2004 Public Hearing- Grippa Purchase development fights easement on nine of eleven acres of the Grippa's property. The Grippa's have given the Town an excellent oppommity to preserve a significant property ha Mattituck. The Grippa's property is located across County Route 48 in the recreational land that we know as Straxvberry Fields. It is also located across Smmd Avenue fi:om what is known as the Laurel Lake Preserve, which is somexvhere in the realm of 500 plus or minus acres and on which the Town is developing a trail system. The properties location in regard to other preserved parcels can be seen on the maps in the ~ont. The green represents preserved parcel and the red shows the Grippa's property and also another pending open space application. The Grippa's property has over 1800 feet of fi~ontage on Cou.uty Route 48, it is on the Town's Community Preservation plan and on the Town's Fam~land Inventory as -property that should be preserved. Preservation of this property will con.tribute to maintaining the rural character on this.part of County Rotite 48. The proposal is to create a reserve~ area, that is an. area not within the development fights, easement of approximately txvo acres, inclrtding and in the vicinity of, the existing dwelling and the accessory structures on their property, and to ineIude the remaining property of approximately nine acre~ within the development fights easement. This project preserves over 80% of the property and does not include any: additional residential lot~. The Land Preservation Committee and I'both support the Town's purchase of this si*~caificant easement and of course, I would like to extend my thanks ~o the Grippa's for participating in the Town's preservation efforts. Thanks. SUPERVISOR I-IORTON: Thank you, Melissa. Would anybody care to address the Board on this public hearing? (No response) Wewill close the hearing. Southold Town Clerk