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Booth, et al
ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MakRRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORNL~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 776 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 19, 2004: WHEREAS, the Town Board of the Town of Southold held a public hearing of the question of the purchase ora development rights easement on a certain parcel of property owned by Edward C. Booth, et al., on the 19th day of October, 2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM # 1000-51-2-7 and # 1000-51-2-8. The addresses are 17580 Sound Viexv Avenue and 17240 Sound View Avenue, respectively, and the property is located on the south side of Sound Viexv Avenue, the west side of Mt. Beulah Avenue and the north side of Old North Road, in Southold in an A-C zoning district; and WHEREAS, the development rights easement comprises approximately 21.8647 acres of the 28.3647 acre parcels. The exact area of the development rights easement is subject to survey; and '~,qrIEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural, open space and scenic values; and WHEREAS, the property is in the vicinity 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 $37,000 (thirty-seven 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 the property owned by Edward C. Booth~ et al., pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-51-2-7 and #1000-51-2-8 and 17580 and 17240 Sound View Avenue, respectively, and is located on the south side of Sound Viexv Avenue, the west side of Mt. Beulah Avenue and the north side of Old North Road, in Southold in an A-C zoning district. The development rights easement comprises approximately 2 1.8647 acres of the 28.3647 acre parcels. The exact area of the development rights easement is subject to survey. The purchase price for the easement is $37,000 (thirty-seven thousand dollars) per buildable acre. Elizabeth A. Neville Southold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING October 19, 2004 5:05 P.M. HEARING ON THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON PROPERTY OF BOOTH~ ET ALt SCTM #1000-5-2-7 AND 1000-51-2-8. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Absent: Cotmcilman John M. Romanelli COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Ftmd) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, October 19, 2004 at 5:05 p.m., Southold 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 certain parcel of property owned by Edward C. Booth, et al. Said property is identified as SCTM #1000-51-2-7 and 1000-51-2-8. The properties are located on the south side of Sound View Avenue, the xvest side of Mt. Beulah Avenue and the north side of Old North Road, in Southold. The development rights easement comprises approximately 21.8647 acres of the 28.3647 acre parcels. The exact area of the development rights easement is subject to the survey. The purchase price is $37,000 (thirty-seven 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 agricultural, open space and scenic values. 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 Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. COUNCILMAN WICKHAM: And there is a notice that this legal has appeared on the Toxvn Clerk's bulletin board and it must have been in the local newspaper. That is all I have. SUPERVISOR HORTON: It was. It was in the local nexvspaper. Would anybody care to address the Board? October 19, 2004 2 Public Hearing- Booth property MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro, Land Preservation Coordinator. This project involves the development rights easement, as Councilman Wickham mentioned, on approximately 21 acres of the 28 acre property. The Booth's are before the Planning Board to change the location of an existing small, separate building parcel to the south side of the property on Mt. Beulah Avenue, to create an additional residential lot on the corner of Mt. Beulah and Old North Road and to create a building area off Soundview Avenue attached to the lot which xvill contain the 21 acres of development rights easements. When the project is completed, there will be the potential for three residential dwellings on this 28 acre property and a development rights easement of 21 acres. The Land Preservation Committee feels that this property is an important one to preserve for its scenic value to the community. The property is listed on our Community Preservation Plan as important due to its agricultural, scenic and open space values. The Booth family has accepted the Committee's offer of $37,000 an acre and is anxious to move towards closure on this significant project, as are we. I thank the Booth family, who I believe are here in the audience tonight, for giving us this opportunity to preserve this very important property. Thanks. SUPERVISOR HORTON: Thank you, Melissa. Would anybody else care to address the Board? Yes, Dr. Booth. EDWARD BOOTH: Well, glad to be here. And it is a great piece of property. You fellows have got a really good deal here, and so do I and my family. So I xvould like to thank all those xvho were involved. Melissa, of course, did you get away? Where is she? SUPERVISOR HORTON: Melissa is back there. DR. BOOTH: Anyway, the Land Preservation Committee did the right thing. As you probably know, it is the old golf course that Alfred Caussen put there around 1915 and has some historical value for that reason. It really is a lovely spot and I thought that the thing that happened over the last few months, that I will just bring to your attention which was very gratifying, and that is, the deal dragged on a bit. Whose fault it ~vas, I would rather not look into. But the fact is that when you spend two years, we'll say, negotiating and finally coming to an agreement on the value of the development rights, it was very gratifying to be able to put to, well, it ~vas gratifying not to lie awake nights worrying about the fact that every day, I basically lost another, whatever it xvas, hundred dollars worth of value as we were looking to close this thing. So, you know, the ability of the Land Preservation Committee to deal with that and come up with, I think a very fair, and in fact, my asking price for an increase, very fair agreement; it was a good thing and makes the whole affair very, very pleasant for us. So, thanks to everybody. Thanks to you folks for your consideration. SUPERVISOR HORTON: Thank you, Dr. Booth. And Dr. Booth, on the, some of the points that you noted, I, in my discussions with you over the last 18 months, you have offered a tremendous amount of constructive criticism, which I think is important in ensuring that our processes are working. Because if ~ve are not open to constructive criticism about how to make them better; they won't be made better. And your particular project, if you will, served as a project many people learned from and I think that through it all, some ne~v ideas have come out of it in regard to how the Land Preservation Commission, the Town Board, our planning processes can better effect these types initiatives. So I want to thank you for your patience and also for your constant input. It has been very valuable. I think it will be October 19, 2004 3 Public Hearing- Booth property valuable in the bigger picture as we move forward xvith preservation initiatives. Are there any other comments from the floor? (No response.) Town Board? (No response.) We will close the hearing. Southold Town Board #7138 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, commencing on the 14th day of October ,2004. Principal Clerk Sworn to before me this 2004 CHRISTINA VOLINSKI NOTARy PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qual~hed in Suffolk County ~ommlsslon Expires February 28, 2008 NOTICE OF PUBLIC HEARING NOTICE 18 I~l[BY GIVEN that pmsuaet ~o the pmvi~ions of Chapter 25 (A~iculmnd Lands) ami/or Chap~r 6 (Commurdty Pres~r-zation Fund) of thc Town Code, the Town Board of the Tow~ of $outhold hereby sets Tu~day, October 19, 2004 at 5:05 p.m.. Southold Town Hall. 53095 Main Road. South- old, New York as the tLme and place for a public hearing for the purchase of a development rights easement on a cer- tain parcel of property owned by Edwtuxl C. Booth, et al. Said property is identdied as SCTM' #1000-51-2-7 and 1000-51-2-8. The properties a~e located on the south side of Sound View Avenue, the west side of Mt. Beulah Avenue and the north side of Old NoP. h Road. in Southold. The development fights easement comprises approximately 21.8647 acres of the 28.3647 ac~e parcels. The exact area of the development rights easement ~s sub- ject to the survey. The purchase price is $37.000 (thirty-seven thousand dollars) per buildable acre. The property is listed on the Town's Community Pre~ervatai~ Proj~:t Plan as property that should be preserved due to its atgn'cultorai, open FURTHER NOTICE is hereby given m Laud Preaer~n~tian D~s~ment, York, and ma~ be ex~finod by any B y ORDER OF THE TOWN BOARD OF THE TOWN O~ 5OUTHOLD Elizabeth Neville, Town Clerk LEGAL NO'lICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Sonthold hereby sets Tuesday, October 19, 2004 at 5:05 p.m., Southold 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 certain parcel of property owned by Edward C. Booth, et al. Said property is identified as SCTM #1000-51-2-7 and 1000-51-2-8. The properties are located on the south side of Sound View Avenue, the west side of Mt. Beulah Avenue and the north side of Old North Road, in Southold. The development rights easement comprises approximately 21.8647 acres of the 28.3647 acre parcels. The exact area of the development rights easement is subject to the survey. The purchase price is $37,000 (thirty-seven 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 agricultural, open space and scenic values. 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 Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. Dated: October 5, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON OCTOBER 14~ 2004~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Town Attorney Town Board Members Melissa Spiro (4) Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Toxvn Clerk of the Town of Southold, Nexv York being duly sworn, says that on the ri day of i~'~o1:~ v~ ,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 Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Public Hearing: 10/19/04 5:~l?pm Booth Property E1Fe~beth A~ Neville Southold Town Clerk Sworn before me this ~ day of ~Jro~>~r" , 2004. '-~ ' I~otary Public LYNDA M. BOHN I~IOTARY PUBUC, State of New York No. 01 BO6020932 Qualified In Suffolk County Term Expires March 8, 20 ~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sour holdtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 738 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 5, 2004: RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ October 19~ 2004 at 5:05 p.m, Southold 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 certain parcel of property owned by Edward C. Booth~ et al. Said property is identified as SCTM #1000-51-2-7 and 1000-51-2-8. The properties are located on the south side of Sound View Avenue, the west side of Mt. Beulah Avenue and the north side of Old North Road, in Southold. The development fights easement comprises approximately 21.8647 acres of the 28.3647 acre parcels. The exact area of the development rights easement is subject to the survey. The purchase price is $37,000 (thirty-seven 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 agricultural, open space and scenic values. 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 Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.sph'o @ town.southold.ny.us Telephone (63 l) 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 To: From: Date: Re: DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk Melanie Doroski Administrative Assistant July 27, 2005 BOOTH to TOWN OF SOUTHOLD Development Rights Easement - 21.8647 acres SCTM #1000-51-2-7 & plo 8 15780 & 17240 Sound View Avenue, Southold RECEIVED JUL 2 ~ 2?05 Southold Town Clerk Betty: Enclosed for safekeeping in your office, please find the following documents: · Suffolk County Clerk Records Office Recording Page · Suffolk County Recording & Endorsement Page · Original Grant of Development Rights Easement dated June 2005, between Edward C. Booth, Sr. and Patricia S. Booth and the Town of Southold, recorded in the Suffolk County Clerk's office on 6/22/05, in Liber D00012393 at Page 790 · Original title insurance policy #RH04301955 issued by Land America Commonwealth on June 14, 2005 in the insured amount of $801,212.80 · Closing Statement Thank you. Melanie 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: DEEDS/DDD Number of Pages: 17 Receipt Number : 05-0065743 TP. ANSFER TAX NUMBER: 04-45881 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 051.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $801,212.80 Received the Page/Filing COE EA-CTY TP-584 RPT Transfer tax TRANSFER TAX NUMBER: Following Fees For Above Instrument Exempt $51 $5 $5 $5 oo $50 oo $o oo 00 NO Handling 00 NO NYS SRCHG 00 NO EA-STATE NO Cert.Copies NO SCTM NO Comm. Pres Fees Paid 04-45881 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 06/22/2005 09:46:33 AM D00012393 790 Lot: 007.000 Exempt $5 00 NO $15 00 NO $165 00 NO $11 05 NO $0 00 NO $0 O0 NO $312 05 Number of pages f3 TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument 31 Page / Filing Fee ~"J __ Handling 5. 00 TP-584 5 Notation EA-52 17 (County) /,~ EA-5217 IState) __ _ Comm. of Ed. 5. 00 Affidavit Certified Cop~ NYS Surcharge 15. 00 Other 4 I~.~ Real Property Tax Sen, ice Agency Verification Deed / Mortgage Tax Stamp FEES Sub Total Sub Total Grand Total S zg~q/z~a9 [ BlocfZ z~g7 ectlon 05023665 looo osloo 0200 oo?ooo f~f~5'~x ~ooo o5~oo 0200 oo8oo~ UN__~7 6. 6.~ Satisfactions/Discharges/Releases List Property RECORD & RETURN TO: Lisa Clare Kombrink, Esq. 235 Hampton Road Southampton, New York 11968 Owners Mailing Address RECORDED 2005 Jon 22 09:46:33 Edward P.Romaine CLERK OF SUFFOLK COUHTY L C,00012393 P 790 DT~ 04-45881 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 Appointment Transfer Tax ~2~, Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. 5 Community Preservation Fund Consideration Amount $ ~>gTJ, Z/Z.?~9 CPF Tax Due $ ge Improved Vacant Land TD TD TI) I71 Title Company Information Title # ~lt ~c.f,~ Suffolk County Recording & En.dorsement Page This ! ' O~ '~ .l~ made page forms part of the attached'~gq/a[00~/~([~,l h3[ . by: I (SPECIFYaPYPE OF INSTRUMEN fl o t I d The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of 5{~)LJ'~O [ ~ In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of June, 2005 at Southold, New York. The parties are Edward C. Booth, Sr. and Patricia S. Booth, both residing at 17235 Soundview Avenue, Southold, New York 1197:[, ("Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1:[79, Southold, New York ("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 and made a part hereof, and a survey dated 3une 20, 2003, and last revised/1~,~/~,-~, ~o~, prepared by Peconic Surveyors, P.C., and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the AC 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 :[00-30. The Property is designated as part of Suffolk County Tax Map Parcel Number ~0o~- ¢~' ~-' '~ ; and ~,1o 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, blew York; and 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 is currently undeveloped and open; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of :[973, amended in :[986 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 eight hundred and one thousand, two hundred twelve dollars and 80/100 ($801,212.80) 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 HAVEAND 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 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 Recoqnition 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) 4.07, 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, including, but not limited to, driveways and agricultural structures as they may be permitted in Section(s) 4.07 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 Code of the Town of Southold and the Town Land Preservation Committee or its successor committee. Such approval may be granted if the structure does not defeat or derogate from the purpose of this Easement or other applicable laws. 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 4 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 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 referenced in {}247 of the General Municipal Law and/or 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 on the Property shall be prohibited without the prior written consent of the Grantee. Utilities located on the interior of the Property (i.e., not along street boundaries) must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways. Any utilities must be used solely to service the permitted structures and must be related to use of the property for agricultural production or equine and livestock activities. 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, including but not limited to the raising of crops, livestock and livestock products, as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 25 of the Town Code shall not be considered a commercial use. Notwithstanding anything to the contrary herein, a Farmstand may not be constructed on the property, whether as a permanent or temporary structure. 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 Drainaqe The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service the 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.: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 structures, as such right may be provided in Section 4.07, 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 4.0:1 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. Notwithstanding, this Easement shall not prohibit use of the 15' right of way beginning at Sound view Avenue and the :10' right of way beginning at North Road, both shown on the survey June 20, 2003, and last revised , by Peconic Surveyors, P.C. for access to the three (3) acre "building envelope" shown on the same survey. 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, to mow and to cut trails. Grantor shall have the right to cut new growth less than four (4) inches in diameter at breast height and to remove exotic or invasive species including, but not limited to wild cherry, mulberry, oilanthus and locust. 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. Agricultural structures, as provided in 4.07, and as may be reasonably necessary in connection with agricultural use and the maintenance of the Property may be constructed, maintained or replaced by Grantor with the prior written approval of the Grantee and subject to appropriate governmental approval, including the Town of Southold Land Preservation Committee or its successor committees. 4.06 Equine and Livestock Activities 1;n addition to the Agricultural Activities described in ¶4.05 above, Grantor shall have the right to use the Property for horse pasture, horse riding, horse breeding, or the breeding of any livestock. 4.07 Structures A. Allowable fmprovements. Grantor shall have the right to erect and maintain the following improvements on the Property with the prior written approval of Grantee, as such approval may be required by the Code of the Town of Southold and the Town Land Preservation Committee or its successor committee. Approval may be granted and will not be unreasonably withheld 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 normally used to supply utilities, remove sanitary sewage effluent and/or control stormwater runoff from the improvements permitted under the terms of this paragraph A and B; (ii) Fences, if placed so as not to block or detract from the scenic view. (iii) Agricultural structures that are necessary, incidental and accessory to the agricultural activity on the Property; (iv) Access drives, to provide access to the improvements permitted herein, a trail for non-motorized vehicles or for foot traffic only, for the sole use of the owners, their successors and assigns, and their tenants, occupants, and invitees. 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. 4.08 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 4.07 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. 4.09 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, except those arising from Grantee's negligence, 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, ali 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, except those arising from Grantee's negligence, 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 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. 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 written 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 or to permit access upon the Property by the public. Access to Grantee shall be limited to two (2) times per year, unless Grantor is in violation of this Easement. 6.02 t4aintenance Grantee shall have the right to require the Grantor to maintain the Property in 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 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 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, if Grantee is the prevailing party as determined by a court of competent jurisdiction. 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. Nailed 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 7.04. Nailed 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 ART;[CLE 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 l0 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 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 such 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 difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material and potentially unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement by a judicial proceeding, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time. In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the power of eminent domain, the sale price or condemnation award shall establish fair market value. Absent such a sale, the Property's fair market value shall 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 may be amended only with the written consent of Grantee and current Grantor and in accordance with common and statutory law applicable to the modification of covenants and restrictions running with the land. Any such amendment shall be consistent with the purpose of this Easement and shall comply with the Conservation Law or any regulations promulgated thereunder. Any such amendment shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under T.R.C. Section 170(h) (the "Code"). 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. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or 57 of the Town Code of the Town of Southold, as applicable, 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 said 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 Governing 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 ~erformance. 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 provision shall be given such consistent with the purposes designed to limit the breadth would render that provision invalid, then that interpretation as would render it valid and be of this Easement. Any rule of strict construction 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 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording 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.:~0 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its IN WITNESS WHEREOF, 12 Grantor has executed andelivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. 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 ACCEPT. ED: Edward C. Booth'~ Sr. ((~rantor) Patricia S. Booth (Grantor) TOWN OF SOUTHOLD(Grantee) Martin H. Sidor Deputy Town Supervisor STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this/~/~ay of~t/,l;Z_ in the year 2005 before me, the undersigned, personally appeared Martin H. Sidor, 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(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public ~ STATE OF NEW YORK) COUNTY OF SUFFOLK) KAREN J. HAGEN .HOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County Commission Expires March 21, 20'" --. SS: On this/~day of~,~,~o__ in the year 2005 before me, the undersigned, personally appeared Edward C. Booth, Sr., 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(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public KAREN J. HAGEN NOTARY PUBLIC. State of New York No. 02HA4927029 Qualified in Suffolk County ~ Commission Expires March 21, 20~ STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this ! "/'~day of~ff'L~-o.._ in the year 2005 before me, the undersigned, personally appeared Patricia S. Booth, 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(les), 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 instrur~ent. N ota ry~ u b~l ic~/~__~ 1~ KAREN J. HAGEN NOTARY PUBLIC. State of New York No. 02HA4927029 Qualified in Suffolk County Commission Expires March 21, 20~ c:/Anne/Town of Southold Master Documents/Booth Development Rights Easement June 6 2005 14 JUN, 14, 2005 12:29F'M. CL¥]C RiVE HEA N0,44 L 4 SCHEDULE ~ DESCRuTPI'~ON ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of SouthoJd, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner fo~med by the intersection of the southerly side of Sound View Avenue and the westerly side of Fit. Beulah Avenue; RUNNING THENCE South 03. degree ~6 minutes 40 seconds East along said westerly side of Mt. Beulah Avenue, 1757.B4 feet to the northerly side of North (C.R. 27) Road; RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.R. 27) Road, 310,;22 f~et to a concrete monument and land now or formerly of Booth; RUNNING THENCE along said lend now or formerly of Booth the following three (3) courses and distances: North 3-9 degrees 08 minutes 00 seconds East, 23.0.00 feet 1.o a concrete monument; North B6 degrees 17 minutes 20 seconds West, 150.42 feet to a concrete monument; and 3. South [9 degrees 08 minutes OD seconds West, :t?0.0O feet to a concrete monument on the northerly aide of North (C. R.27) Road; RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (Q.R. 27) Road, 300.82 feet to land now or formerly of R, 3. & H. Dor~oprie; RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said last mentioned lend and later along land now or formerly of H. V. Fliepus & M. G. Ellis,1266.03 feet to the southerly side of Sound View Avenue; RUNNING THENCE North 73 degrees 27 minutes 30 seconds East along the southerly side of Sound View Avenue, ~85,~6 feet; RUNNING THENCE North 63 degrees 0g minutes 00 seconda still along s~id southerly side of' Sound View Avenue, 134.52 feet to the corner at the point or place oi; BEGINNING. ALTA Owner's Po[icy (10-17-92) 14. 2005 !2:29PM File Ne: R~04~0~955 SCHEDULE A - DESCRIPTZON AI~IENDED 06/14/05 ALL that certain plot, piece or parcel of land, with the improvements thereon erected, situate, lying and being at Southold, in the Town of $outhoid, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the coroer formed Dy the InterSection of the Southerly side of Sound View Avenue arid the Westerly side of Mt. Beulah Avenue; RUNNi[NG THENCE South 01 degrees 56 minutes 40 seconds East along said Westerly side of Pit. Beulah Avenue, 1073.?I feet; THENCE South 88 degrees 03 minutes 20 seconds West, 213.94 feet; THENCE South 1 degree 56 minutes 4-0 seconds East, 406.62 feet, to a concrete monument; THENCE North 86 degrees 17 minutes 20 seconds West, $50.42 feet to a coricrete monument; and THENCE South 19 degrees 08 minutes 00 seconds West, 170.00 feet to a concrete monument on the Northerly side of North lC,R,. 27) Road; RUNNING THENCE North 70 degrees 52 minutes O0 seconds West along the NoN;holly side of North (C.R. 27) Road, 300.82 feet to land now or formerly of R,). & H. Donopria; RUNNING THENCE North 14 degrees :~4 minutes 30 seconds West along said land now or formerly of R..~. & H. D0nopria, 466,03 feet; RUNNING THENCE along other land of the par~y of the first par~ the following three (3) courSes and distances: i) North 75 degrees 35 minutes 30 seconds East, 261.36 feet; 2) North 14 degrees 24 minutes 30 seconds West, 500,00 feet; end 3) South 75 degrees 35 minutes 30 seconds West, 26:1,36 feet again to land now or formerly of R.]. & H. Donopria; RUNNZNG THENCE North 14 degrees 24 minutes 30 seconds West along said last mentioned land and later along lend now or formerly of H.V. Miepus & M.G. Ellis, 300.00 feet to the Southerly side of Sound View Avenue; RUNNING THENCE North 73 degrees 27 minutes 30 seconds East: along the Southerly side of Sound View Avenue~ 885.2G feet; RUNN~'NG THENCE North 63 degrees 09 minutes 00 seconds East still along said Southerly side of Sound View Avenue, 134.52 feet to the corner at the point or place of BEGINNING. ALTA Owner's Policy (:10-17-92) Commonwealth 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: 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. Unmarketability of the title; g. 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 itI corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an nut horizcd officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: 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: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) 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) environmentai protection, or the affect of any violation of these laws, ordinances or governmental regula- tion,, except to the extent that a notice of the enforcement 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. Co) Any governmental police power not excluded by (a) 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, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; CO) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured 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: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or CO) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Valid Only If Schedules A and B and Cover Are Attached NM 1 PA10 ALTA Owner's Policy (10-17-92) Form 1190-1 Face Page ORIGINAL '=IDy~¥O UO SSO1 40 400Ud '~ '31VU3dOOO 01 INYRIIY1D Q3EIFISNI dO All'IQ :SNOIIDY dO NOIJ. I~D3SOUd GNV 3SN3=I3Q 'INV~IV']D O3EII'ISNI AB N3AID 3~] 01 I~llV'lO dO 3DIION '~ '31111 40 qONYA::IANOD U=II=IV qDNVUI1SNI 40 NOIJ.VflNIJ, NOD 'S~tJ:q1 =10 NOIIINIJ::IO SNOI£V~Ii'IdLLS (INV SNOIII(INOD JUL, 27.2(~'~5 ll:lgAM . CLTIC RIVER:HEAD L, ndAmedca Commonwealth NO, 525 F', 2 File No: RH0430195~i SCHEDULE A Amount of Znsurance; ~801,212,B0 Date of Policy: 3une 14~ 2005 1. Name of Tnsured: Town of $outhold Polio/NO.; RH04301955 The estate or interest in the land which is covered by this policy: Development Rights Title to the estate interest in the land is vested in: By deed made by Edward C. Booth and Patriela S. Booth to the TNSURED dated 6/14/200~; and to be recorded in the Office of the Clerk of the City/Register Suffolk County, 4. The lend referred to in this policy is described on the annexed Schedule A - Description, Countersigned; Authorized Officer or Agent ALTA Owner's Policy (10-17-92) ,JUN 1~, 2)(D5 12:2~.~M, .... ~"'AD C! KIV~.nL DIO, ~.49 F. 3 File N,p~ RH043029';S SCHEDULE A .- DESCRXPTZON AMENDED O6/14/o5 ALL that certain plot, piece or parcel of land, with the improvements thereon erected, situate, lying and being at Southold, in the Town of $outhold, County of 5uffol~c and State of New York, bounded and described as fei Jews: BEGINNING at the corner formed by the Intersect/on of the SoutheMy side of Sound View Avenue and the Westerly side of Mt. Beulah Avenue; RUNNING THENCE South 0! degrees 56 minutes 40 seconds East along said WesteHy side of Mt. Beulah Avenue, 1073.71 THENCE South 88 degrees 03 minutes 20 seconds West~ 213.94 feet; THENCE South ! degree 56 minutes 40 seconds Ea~c, 406.62 feet, to a concrete monument; THENCE North 86 degrees 17 minutes 20 seconds West, 150.42 feet to a concrete monument; and THENCE South 19 degrees 08 minutes 00 seconds West, 170.00 feat to a concrete monument on the Norther/y side of North (C.R. 27) Road; RUNNING THENCE North ?0 degrees 52 minutes 00 seconds West along the Northerly side of North ('C.R. 27) Road, 300.82 feet to land now or formerly of R.]. & H. Denopria; RUNNING THENCE Nort~ :L4 degrees 24 minutes 30 seconds West along said land now or formerly of R.]. & H. Donopria, 465.03 feet; RUNNING THENCE along other land of the party of the first par~ the following three (3) CourSes and distances: 1) North 75 degrees 35 minutes 30 seconds East, 261.36 feet; 2) North [4 degrees 24 minutes 30 seconds West:, 500.00 feet; and 3) Sou~h 75 degrees 35 minutes 30 seconds West, 261.36 feet again to land now or formerly of R.]. & H. Donopda; RUNNING THENCE NorLh 14 degrees 24 minutes 30 seconds West a(ong said last mentioned land and later along land now or formerly of H.V. Miepus & M.G. Ellis, 300.00 feet to the Southerly side of Sound View Avenue; RUNNING THENCE North 73 degrees 27 minutes 30 seconds East along the Southerly side of Sound View Avenue, 885.26 feet; RUNNING THENCE North 63 degrees 09 minutes 00 seconds East still along said SoutheHy side of Sound View Avenue, 134.52 feet to the comer at the point or place of BEGINNING. ALTA Owner's PoliCy .ION, 14, 2005 12:29,~M · CL R:IVER:HEAD · .!~0, .449 P, 4 Fil; No: RH043019.~5 SCHEDULE A - DESCR. ZPT~[ON ALL that certain plot, piece or parcel of land, situate, lying and being at ~outhoM, in the Town of Southold, County of SUffolk and State of New York, bounded and described as follows: BEGTNN]NG at the corner formed by the intersection of the southerly side of Sound View Averlue and the westerly side of Fit. Beulah Avenue; RUNN:[NG THENCE South 01 degree 56 minufms 40 seconds East along said westerly side of Mt. Beulah Avenue, 1787.84 feet to the northerly side of North (C.R. 27) Road; RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.R. 27) Road, 3~0.22 feet to a concrete monument and larld now or formerly of Booth; RUNNZNG THENCE along said land now or formally of Booth the following three (3) courses and distances: 1, North 19 degrees 08 minutes 00 seconds East, 210.00 feet to a concrete monument; 2. NoKch 86 degrees 17 minutes 20 seconds West, 150.42 feet to a concret:e monument; and 3. South lg degrees 08 minutes 00 seconds We~t, 170.00 feet to a concrete monument on the northerly side of North lC. R.27) Road; RUNNTNG THENCE Norl:h 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.R. 27) Road, 300,82 feet to land now Or formerly of E, .1. 8~ H. Donopria; RUNNING THENCE North 14 degrees 24 minutes 30 seconds We~ along said last mentioned land and later along land now or formerly of H. V. Fiiepus & Fi. (3. Ellis,1266,03 feet to the southeHy side of Sound View Avenue; RUNNING THENCE North 73 degrees 27 minutes 30 seconds East along the southerly side of Sound View Avenue, 885.26 feet; P, UNN[NG THENCE North 63 degrees 09 minutes 00 seconds still along said southerly side of Sound View Avenue, 134.52 feet to the corner at the point or place of BEGINNZNG. ALTA Owner's Policy ([0-17-92) RIVERHEAD ,.NO, P, 2 · File Nol RH04301~5~ SCHEDULE B EXCEPTI'ONS FROM COVERAGE This policy ctoes not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) wlqich arise by reason of the following: :L. Rights of tenants or persons in possession. 2, Unpaid water charges to date, it: any. 3. Survey made by Peconic Surveyors, P.C., last revised December 20, 2004 shows the development rights parcel as unimproved vacant land; a) twenty (20) foot right of way straddles Westerly record line. NO encroachments shown. 4. 20 foot common right of way as set: foot in Liber 2398 page 98. 5. Declaration recorded in Liber 22374 page 20~.. ALTA Owner's Policy Commonwealth · File N~: RH04301955 STANDARD NEW YORK ENDORSEMENT (OWNER'S POL'rCY) ATTACHED TO AND f4ADE A PART OF POL'rCY NO. 0430195S ISSUED BY COMMONWEALTH LAND TTTLE I*NSURANCE 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 Tnsurance Company Dated: ]une 14, 2005 Countersigned: O By: ~ Authorized Officer or Agent President Secretary Standard New York Endorsement-Owner's 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 reason of matters insured against by this poricy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least (i) the Amount of rnsurance stated in Schedure 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 {his policy. (b) In the event the Amounl of insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or ted full consideration paid for the laed, whichever is less, or if subsequent to the Date el Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount el Insurance stated in Schedule A, then this Pohcy is subject to the following: (0 where no subsequent improvement has been made, as to any pa[lial loss, the Company shall only pay the loss pro rata in 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) wh~re a subsequent improvement has been made, as to any parha. I loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedure A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvemenL The prowsions el this paragraph snail not apply lo costs, attorneys' lees and expenses for which the Company ~s hable under {his policy, and shall omy apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount ct Insurance stated in Schedure A. (c) The Company wilt pay only those costs, attorneys' fees and expenses incurred in accordance w~h Section 4 ct these Conditions and Stipulations. 8. APPORTIONMENT. II the land descnbed in Schedule A consists of two or more parcels which are not used as a single site, and a loss is eslablished ah"ecling one or more of the parcels but not all. the loss shall be computed and settled on a pro rata bas~s as if the amount of ~nsurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Pohcy, unless a I,ability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the t~me of the *ssuance of this policy and shown by an express statement or by an endorsement edached to this pohcy. 9. LIMITATION OF UABILITY, (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim el unmarketability of title, all as insured, Jn a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shad have fully pedorrned ils obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigedon by the Company or with the Company's consenl, the Company shall have no liability for loss or damage until there has been a linal delermination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c~ The Company shall not be liable for loss or damage to any insured tot habihty voluntarily assumed by the insured in settling any claim or suit without the prior written consenl of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tacto. 11. LIABILITY NONCUMULATIVE. I~ is expressly understood Ihal 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 herea[ter 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 amounl so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made withoul producing this policy for endorsement of the payment unless the policy has been lost or destroyed, io which case proof of loss or destruction shall be furnished to the satislaction of the Company. CONDITIONS AND STIPULATIONS :' (Continued) (b) When liability and the extent of Joss or damage bas been definitely fixed in accordance with these Conditions and Stipurabons, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SE'i-rLEMENT. (a) The Company's Right o!Subrogatlon. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any acl of the insured claimant. The Company shall be subrogated to and be entitled to all righls and remedies which the insured claimant would have had against any person or property in respect Io the claim had this policy not been issued. If requested by Ihe Company, the insured claimant shall transfer to the Company all hghts and remedies against any person or property necessary in order to pedect this right et subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. g a payment on account of a claim does not fully cover the loss ct the insured claimant, the Company shall be subrogated Io these dghts and remedies in the proportion which the Company's payment bears to the whole amount el the loss. If loss 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 pad of any losses insured against by this policy which shall exceed the amount, it any, lost to the Company by reason of the impairment by the insured claimant el the Company's right el subrogabon. (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 et the insured to indemnities, guaranhes, other policies of insurance or bonds, notwithstanding any terms or coeditlons contained in those instruments which provide for subrogabon rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the Amencan Arbi[rabon Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of lhe 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 St,000,000 or less shall be arbitrated at Ihe option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 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 ~s made or, at the opt,on of the insured, the Rules in effect at Date of Policy shall be b~nd~ng upon the parties. The award may include attorneys' fees only if the laws el the state in which the laed 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 Arbttration Rules. A copy of the Rules may be obtained from the Company upon request. 16. LIABILITY LIMITED TO THIS POLICY; POLICY EN33RE CONTRACT. (a) Th~s policy together with all endorsements, if any, attached hereto by the Company is the entire policy and conlract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim et loss or damage, whether or not based on negligence, and which arises out of the status of the t~tle to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made excepl by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY, In the event any provision of the policy is held invalid or unenforceable under applicable law, lhe policy shall be deemed not to include that prov~sion and al~ other prowsions shall remain in full force and e~ect. 17. NOTICES WHERE SENT. All notices required to be given the Company and any statement in wrtting rego~red to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Vtrginia 23261-7567. NM1 PA10 ALTA Owner's Policy ( 1 O/17/92) Form 1190-3 Cover Page ORIGINAL Valid only if Face Page and Schedules A and B are attached CLOSING STATEMENT EDWARD C. BOOTH and PATRICIA S. BOOTH to TOWN OF SOUTHOLD Development Rights Easement - 21.8647 acres (includes .2103 acre right-of-ways) 21.6544 buildable acres @ $37,000/acre Premises: 15780 & 17240 Sound View Avenue, Southold SCTM #1000-51-2- 7 & plo 8 Closing took place on Tuesday, June 14, 2005, at 1:00 p.m., Southold Town Hall Annex - Land Preservation Department Purchase Price of $ 801,212.80 disbursed as follows: Payable to Edward C. & Patricia S. Booth Check #81861 (6/14/05) *total check = $805,312.80 Expenses of Closing: Appraisal Payable to Given Associates Check #69906 (117103) Updated Appraisal Payable to Given Associates Check #78813 (11/4/04) Survey Peconic Surveyors, P.C. Payable to Edward C. & Patricia S. Booth Check #81861 (6/14/05) (reimbursement) Environmental Report $ 801,212.80' $ 1,900.00 $ 1,500.00 $ 4,100.00' Payable to Nelson, Pope & Voorhis, LLC $ 1,200.00 Check #79640 (12/28/04) Title Report Payable to LandAmerica*Commonwealth Check #81864 (6/14~05) Fee insurance $ 3,720.00 Recording deed $ 200.00 Certified copy of deed $ 15.00 $ 3,935.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #81866 (6/14/05) $ 100.00 Those present at Closing: Martin H. Sidor Lisa Clare Kombrink, Esq. Patricia A. Finnegan, Esq. Rudolph H. Bruer, Esq. Edward C. Booth Patricia S. Booth Margot Booth Karen Hagen, Esq. Melissa Spiro Melanie Doroski Tim Caufield Marian Sumner Southold Town Deputy Supervisor Attorney for Town of Southold Southold Town Attorney Attorney for Seller Seller Seller Sellers' daughter Title Company Closer Land Preservation Coordinator Administrative Asst, Land Preservation Vice President - Peconic Land Trust Peconic Land Trust VENDOR 002552 EDWARD C. BOOTH SR 06/14/2005 CHECK 81861 H3 .8660.2.600.100 H3 .8660.2.600.100 P ~ ~ T,~F©T~R TBR776 03-172 TBR776 061405 DR~RTPTT©M AMOUNT SURVEY REIMBURSE 4,100.00 DEV RIGHTS-21.864 801,212.80 TOTAL 805,312.80 / _GIVEN PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n,y. 11788-0306 (631) 360-3474 FAX 360-3622 September 29, 2004 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Appraisal of Property of Edward C. Booth, et al. Located North side of North Road, Southold, NY S.C.T.M. #1000~51-2-8 File# 2004197 OCT - 1 2004 0EPf. OF PRESERVATION $1,500.00 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 .600 8/12/2003 8/12/2003 H3 .600 8/12/2003 8/12/2003 H3 .600 8/~6/2003 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 ~3 .600 9/07/2004 9/07/2004 H3 .600 ~ 11/04/2004 11/04/2004 H3 .600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-11042004-031 Line: 194 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 11/04/2004 SDT 11/08/04 Trx Amount... 1,500.00 Description.. APPRAISAL-BOOTH PROP Vendor Code.. 007416 Vendor Name.. GIVEN, SRPA/PATRICK A. Alt Vnd.. CHECK ........ 78813 SCNB Invoice Code. 2004197 VOUCHER ...... P.O. Code .... 12751 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 11/04/2004 Date Cleared. 11/30/2004 F3=Exit F12=Cancel PECONIC ~URVEYORS, P.Co P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 · Fax (631) 765-1797 JUNE 20, 2003 EDWARD C. BOOTH 17235 SOUNDVIEW AVENUE SOI3THOLD, NY 11971 JOB #: 03-172 J FOR PROFESSIONALSERVICESRENDERED: SURVEY and MINOR SUBDIVISION PROPERTY AT SOUTHOLD, NY S.C. TAX #: 1000-51-02-09 FEE: $ 5,000.00 P A I D ~°~"~'~ JUN 25 2003 '~v.?i~rs PRESERVATION , Nelson, Pope & Voorhis, LLC 5'/2 Walt Whitman Road - Phone: 631-427-5665 Melville NY 11747 Fax: 631-.427-5620 Invoice Prope~y: 04351 Project: Booth Property, Southold Manager: McGinn, Steven VA01633 To: Town of Southold Dem of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 ARention: Melissa A Spiro lm,oice #: 2870 Invoice Date: December 03, 2004 MAKE CHECKS PAYABLE TO NELSON POPE &VOORItlS Invoice Amount $1,200.00 Contract Item Itl: Prepare Environmental Site Assessment- Phase 1 Work Performed: 10/12 thru 10/22/04 Contract Amount: $1,200.00 Percent Complete: 100.00% Fee Earned: $1,200.00 Prior Fee Billings: $0.00 Current Fee Total: $12oo.oo *** Total Project Invoice Amount $1,200. O0 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account ......................... Use Acti 6/01/2004 6/01/2004 H3 .600 6/01/2004 6/01/2004 H3 .600 6/15/2004 6/15/2004 H2 .600 7/13/2004 7/13/2004 B .600 7/27/2004 7/27/2004 H8 .600 7/27/2004 7/27/2004 A .600 8/10/2004 8/10/2004 A .600 8/10/2004 8/10/2004 A .600 8/10/2004 8/10/2004 A .600 8/10/2004 8/10/2004 A .600 10/19/2004 10/19/2004 H3 .600 11/16/2004 11/16/2004 H3 .600 .. 11/16/2004 11/16/2004 H3 .600 y. 12/28/2004 12/28/2004 H3 .600 1/18/2005 1/18/2005 B .600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--OL100N .............. : W-12282004-514 Line: 188 Formula: 0 : : Account.. ~3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 12/28/2004 SDT 12/28/04 : : Trx Amount... 1,200.00 : : Description.. PHASE 1 ESA-BOOTH PROP : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 79640 SCNB : : Invoice Code. 2870 : : VOUCHER ...... : : P.O. Code .... 12754 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 12/28/2004 : : Date Cleared. 12/31/2004 : : F3=Exit F12=Cancel JUN. 7.2005 12:42PM CLTIC ~:IVERHEAD LandAmerica Commonwealth NO, 867 F¸, 2 Title Applicant: Premises: Date of Closing: Purchaser: RH04301955 Date Printed: Town Of $outhold/Land Preservation Order Type: CoordlnBtor 17S80 5oundview Avenue Sales Rep: Southold, NY 3un* 1¢, 2005 County: Town of $outhold (:loser: June 07, 2.005 Purchase/Resale Lisa Fox Suffolk Karen Hagen ..1~-, EM AMOUNT £TEM .. &MOUNT Fee Insurance - $801,212.80 $3,720.00 Document to Follow Morro,cie Insurance - 0.00 Deed ,j Se~nd Mo~gaqe- Mo~g~fle Thi~ He.gage Consolidation & ~nslon ~mt SaU~ctlon o~ ~o~e 255 ~mdaylm . Peconic Bay Tax ~YS T~nsfer Tax NYC R~ Mansion Tax R~l E~ Tax, ECB, PV~,'e~. TO Other Su~ey Pas~h~ ~pa~mental ~rches Ho~ga~e Tax :e~ificate of Occupan~ No~a~or .... ;truer Repo~ ~nk~p~ O~he~ 5ewer Sea~h Other Housln~ and Bui[din~ Other .... Fire Other ~mer~en~ )that .. ~tional Taxes )theq Su~ey Insp~ion 3ther 3~her }ther Munlc~al Searches -' :ourier UCC's~oanW ~scrow Se~ice Cha~e ~CC's $ta~ }that ... ~er ,,I ~scrow ~ hold (type in pu~ose) O~er )epoBit (Included in Ne~ rOTAL N~ CH~GE~: (E~T) CHECKS PAYABLE TO Commonwealth Land Title Znsurance Company (Circle One) Buyer/Seller Buyer/Seller Buyer/Seller $ Buyer/Seller $ CHECKS PAYABLE TO OTHER 1TIAN Commonwealth Land Title Znsurance Compahy (Circle One) Buyer/Serler $ Buyer/Seller $ Buyer/Seller $ TOTAL RECEZPTS $ *NOTE Rates & charges herein are subject to change based on t;he rates in effect; at the time of closing, Commonweal~ Land llt]e Insurance Company 185 Old Count~, Road, Suite 2, Riverhead, New York 3.19oi Phone: (631) 727-7760 ~.~.~m-,.~ TOV~'N OF SOUTHOLD '?¢; 4, :~fl" S~UTHOLD. NEW YORK 11971-0959 DATE 06/14/2005 THREE THOUS~ NINE ~DRED THIRTY FIVE ~D 00/100 PAY TO LANDAMER I CA * CO~LMONWEALT TUG 185 OLD COUNTRY RoAD ORDER OF PO BOX 419 RIV~RHEAD NY 11901' ,'0,o, ;, F= I, ,i' ':O P:,q, 00000[, O,' VENDOR 003350 LANDAMERICA*COMMONWEALTH 06/14/2005 CHECK 81864 F%~_TD ¢- ACCOTrNT D n a H3 .8660.2.600.100 12753 H3 .8660.2.600.100 12753 H3 .8660.2.600.100 12753 T~7~T¢~ RH04301955 RH04301955-1 RH04301955-2 AMOUNT TITLE/INS POL-BOOTH 3,720.00 REC DEV RTS EASEMENT 200.00 CERT COPY REC EASEMENT 15.00 TOTAL 3,935.00 TOWN OF SOUTHOLD · SOUTHOLD. NY 11971 0959 ONE HUNDRED AND ~'~ [~,, TO%VN OF SOUTHOLD !~¢~? 53095 MAIN ROAD ~0UTHOLD. NEW YORK 119;'1-0959 00/100 DOLLARS DATE 06/14/2005 BOOTH TO TOWW ' .o. 081866 CHECK NO. AMOUNT 8]1866 $100 00 PAYfO KAREN HAGEN 7H~ 2675 KERWIN BOULEVARD ORDER OF GREENpQRT NY 11944 "'Da ~8 ~: &',' ~:0 2 ~hO 5hr-h': ¢,5 0O0001, 0,' VENDOR 007707 KAREN HAGEN 06/14/2005 CHECK 81866 H3 .8660.2.600.100 T~©T~ ~04SOL955A D~CRTPTT©N TITLE CLOSER-BOOTH TOTAL AMO~T 100.00 100.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 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 (comer 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: From: Date: Re: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Suffolk County Division of Real Estate Melissa Spiro, Land Preservation Coordinator June 14. 2005 BOOTH to TOWN OF SOUTHOLD SCTM #'1000-51-2-7 & plo 8 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: PROPERTY OWNERS: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: FUNDING: MISCELLANEOUS: 15780 & 17240 Sound View Avenue, Southold Edward C. Booth and Patricia S. Booth, his wife Closing took place June 14, 2005 $801,212.80 (based on 21.6544 buildable acres @ $37,000/acre) 21.8647 acres (includes .2103 acre right-of-ways) Community Preservation Funds This property is part of a conservation subdivision that received final approved from the Planning Board on June 13, 2005, dividing the 28.3647 acre parcel into Lot 1 (24.8647 acres development rights easement to Town), a building envelope within Lot 1 (3.0 acres), Lot 2 (1.5 acres), and Lot 3 (2.0 acres). This property is listed in the Town's Community Preservation Project Plan.