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HomeMy WebLinkAboutDuffy, Alice Grattan Estate of 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 RECEIVED To: From: Date: Re: Elizabeth A. Neville Town Clerk Melanie Doroski Administrative Assistant FEB ~ '3 2005 So.tho1,! Town Cle[h February 22, 2005 THE ESTATE OF ALICE GRATTAN DUFFY to TOWN OF SOUTHOLD Development Rights Easement - 7.13 acres SCTM #1000-63-2-6 (n/k/a 1000-63-2-6.2) Premises: 1135 Boisseau Avenue, Southold 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 November 18, 2004, between The Estate of Alice Grattan Duffy and the Town of Southold, recorded in the Suffolk County Clerk's office on 12/9/04, in Liber D00012359 at Page 554 · Original Title Insurance Policy #0-8831-321620 issued by Stewart Title Insurance Company on November 18, 2004, under title no. 23-S-3871, in the insured amount of $196,075.00 · 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: EASEMENT/DOP Number of Pages: 14 Receipt Number : 04-0134693 TRANSFER TAX NUMBER: 04-19398 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 063.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Exempt Instrument Page/Filing $42.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Conma. Pres $0.00 NO Fees Paid TRANSFER TAX NUMBER: 04-19398 THIS PAOE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 12/09/2004 12:11:48 PM D00012359 554 Lot: 006.002 Exempt $5.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $102.00 FEB 1 8 2005 DEFT. OF LAP(D PR6SERVAFmON Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument 31 Page / Filing Fee Handling 5. O0 TP-584 Notation EA-52 17 (County) EA-5217 (State) R.RT.S.A. Comm. of Ed. 5. 00 Affidavit Certified Copy NYS Surchaige 15. 00 Other Deed / Mortgage Tax Stamp FEES I~O0 4 Dist. Section Real Propert- Tax Service Agency Verification Su b Total St ) Total G :nd Total [ Blof 2"'g'lO 2L-~04 [',e,: 09 !2:1!.,'48 ?'I CLEF'k OF SUFFOLF,r",jU, .... ]' [,Y~ 04-! 9395 Recording 1 Filing Stamps lO00 06300 0200 006002 0'5'O 6 [ Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RE'_ URN TO: 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 .. ~'~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO /~o~ [ If NO, see appropriate tax clause on · -- ,t ] page # of this instrument. Eot , c,o~ 5 ICommumty Prese~ataon' ~nfl Consideration ~ount $ CPF T~ Due $ Improved Vacant Land TD TD TD 7 [ Title Company Information Title # 2 ~ -~- 3a7 / Suffolk County Recording & Endorseme This page fo=sp~of~e at=ched ~ ~ ~J ( ~ TYPE OF ~sTRUM~ E 9~~ .~td~. The premises herein is situated in ~a~r,~ DO (~ SU~OLK COUNTY. ~W YORK. TO In the Township of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED Ol, PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the I~ day of L/~JN/~r~,, 2004 at Southold, New York. The parties are THE ESTATE OF ALTI::E GRATTAN DUFFY, c/o Eugene O. Duffy, 2160 Michelle Drive, Brookfield, WI (herein called "Grantor"), and the TOWN OF $OUTHOLD, a municipal corporation, having its principal office at 53095 Hain Road, P.O. Box 1179, Southold, New York (herein called "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 shown on a survey dated July 16, 2003 and last revised August 4, 2004, prepared by Stanley ]. Isaksen, Jr., 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 100-30. The Property is designated as part of Suffolk County Tax Map Parcel Number 1000-63-2-6; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #.~, and the Grantor wishes to continue using the Property in an agricultural capacity and as scenic open space as defined in the Town Code of the Town of Southold; and WHEREAS, the Property is currently in agricultural use as row crops; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic, agricultural and open condition has substantial and significant value as an aesthetic and agricultural resource 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 One Hundred Ninety-Six Thousand Seventy-Five Dollars ($196,075.00) 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 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 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 Warrant,/ 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 2 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 Tnternal Revenue Code and other federal statutes. 0.OS Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the delivery of this Development Rights Easement. 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 agricultural production as presently defined in Chapter 25 or open space as defined in Chapter 59 of the Town Code of the Town of Southold. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under ground or upon another structure or building, including berms, driveways or walkways. Structures shall not include trellis, posts and wiring, farm roads or farm irrigation systems, used in connection with bonafide agricultural production. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of 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 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 4 following purposes: (a) tostatethe 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 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and must be used solely to service permitted structures, if any. 3.07 Prohibited Uses The use of the Property for any permanent or temporary residential, commercial or industrial uses shall be prohibited, except as permitted in Section 4.03. For the purposes of this section, agricultural production, as presently defined in Chapter 25 of the Town Code, shall not be considered a commercial use. 3.08 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. 3.9 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. 3.10 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. The parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. 4.04 Landscapinq Activities Grantor shall have the right to continue the current modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 AqriculturalActivities Grantor shall have the right to engage in all types of agricultural production as the term is presently defined in Chapter 25 of the Town Code, in accordance with the purposes of this Easement. 4.06 Structures and Improvements No structures shall be constructed on the Property. 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 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 Assessment~ 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 Part,/Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Annual Mowing Requirement In the event Grantor seeks to leave the Property open and fallow, and not perform or use the Property for agricultural production, then Grantor hereby agrees to mow the Property on an annual basis at least once during the growing season so as to prevent successional field growth to predominate. In the event Grantor falls to comply with the provisions of this section after 30 days 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 mowing. 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 Section 5.04, or to permit access upon the Property by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require the Grantor to restore the Property to the condition existing prior to the claimed violation 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 RiqhtsofGrante~ 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 thirty (30) 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 (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. Hailed 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. Hailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or two business days from the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTTCLE shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinquishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.06, the fair market value of 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 herein referred to as the "Proportionate Share"). :In the eventa 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 ora 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 as sale, the Property's fair market value shall be established by independent appraisal. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority other than Grantee or otherwise acquired by such other authority through a purchase in lieu of a taking, Grantor and Grantee shall join in appropriate proceedings at the time of such taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.06 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding 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 can be modified in accordance with the common and statutory law of the State of New York applicable to the modification of easements and covenants running with the land, and according to other applicable provisions of State law and by mutual consent of the parties. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or 59, as applicable, of the Town Code of the Town of $outhold, 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 these property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 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 provisions 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 10 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 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 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WfTNESS 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: By: CGENE O. ICUF¢~ecutor By://A'-~ICE M. G-P~A¢]-I-: Co-Executor ACKNOWLEDGED AND ACCEPTED: TOWN OF~OUTHOL~fGrantee) /u gh-ua Y.' Ho~-ton "~ pervisor STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this'PT"day oft¢)~-~'¢~1 in the year 200.4, before me, the undersigned, personally appeared ¢. . to or proved to me on the basis of satis~ctory 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 individua~r the person upon behalf of which the individual(s) acted, execute¢ th~ i nstru ment. N oily Fu DIIC Nota~ Public State Of New Y~ No. 02OL2~596~ Qualified in Suffolk Cou~ Commission Expires March ~0, ~ STATE OF NEW YORK) COUN-i-Y OF SUFFOLK) SS: On this 74 day of ~f~-~ in the year 2004 before me, the undersigned, personally appeared ~J]~-~ ~/~/, ~-~, 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 ~ame in his/her/their capacity(les), and th~ by his/her/their signature(s) on the instrument, the individual(s), or the~r~on upon behalf of which the individual(~) acted, executed the in~~ Notary Publi~ u.AnY FLAN~']r80LSEN Notary Public Sta~e O~ New No. 020~ ~959600 Ouali'~ied in Suffolk STATE OF NEW YORK) Commission Expires March 30, 20~ COUN~ OF SUFFOLK) SS: On this/~ay of ~- in the year 2004 before me, the undersigned, personally appeare~A~, ~ 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, ~(~u~ed the in,<P~rn~nt. KAREN J. HAGEN NOTARy PUBLIC, State of New Yom No. 02HA4927029 Qualified in Suffolk Cou C°mmission F--Xpires March 2, ,~0~) C:\~4y Documents\Anne\Town of Southold Deeds of Development RightsXDuffy Deed of Development Rights 1019.doc 12 Stewart Title 8/12/2004 11:03 PAGE 006/00~ ~ax m~vu$ Stewart Title Insurance Company ritlc No: 23-S-3871 Schedule A Description ALL that certain plot, piece or parcel of land with the buildings and iinprovements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York known as and by part of Lot 006.000 in District 1000 Section 063.00 Block 0200 on the Suffolk County Land and Tax Map, and being bounded and described as follows: Be~nning at the corner fonned by the intersection of the northeasterly side of RaiLroad Avenue iffk/a Youngs Avenue) and the northwesterly side of Hummel Avenue &stant ~6>.~9 feet on a tie line: Thence North 72 degrees 49 minutes 10 seconds East, 269.50 feet to the true point of beginning; Running Thence North 13 degrees 13 minutes 20 seconds West, 148.66 feet: Thence South 73 degrees 37 tnJnutes 40 seconds West Thence North 13 degrees 29 tmnutes 00 seconds West Thence North 73 degrees 37 tninutes Thence South 07 degrees 17 minutes Thence North 78 degrees 24 minutes Thence South 02 degrees 30 tninutes 40 seconds West Thence South 70 degrees 45 minutes I0 seconds West Thence North 15 degrees 07 tninutes 20 Thence North 13 degrees 13 minutes 20 Beginning. 70.09 feet; 160.03 feet; 40 seconds East, 472.92 feet; 30 seconds East, 215.30 feet; 00 seconds East, 680.60 feet; 151.50 feet; 1023.88 feet; seconds West, 10.89 fee[; seconds West, 145.00 feet to the point or place of ALTA OWNER'S POLICY- 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE® INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York 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. Unmarketabili~/of the title: 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. ST E%VART TITLE® Countersigned by: Secretary EXCLUSIONS FROM COVERAGE The following moil'ers ore expressly excluded [rom the coverege of this polio, end the £ompony will not poy loss or domoge, costs, oltomeys' fees or expenses which arise by reosoo ]. (n) Any Iow, ordinonce or govmnmentol regulotion (including but not limited to building cod zoning lows, o[dinences, or regulotions) [est~iding, reguleting, prohibiting or reloting to (i) the occupono/, use, or enioyment of the Iond; (ii) the choroder, dimensions or Iocotion cE coy improvement now or hereo[rer erected on the land; (iii) o seporotion in ownership or o chonge in the dimensions or oreo of the Iond or coy po[cet of which the lend is or wes o pert; or (in) enviroementol protection, or the effed of eny violotion cE these lows, nrdinoncee or governmenrol regulotions, except to the extent thor o notice of the enforcement thereof or o notice of o defect, lien or encumhronce resuIhng [rom o violotion or olleged violotion offeding the lend hoe been recorded in/he public records ct Dote of Polio/. (b) Any governmentol police power eot exduded by (o) chore, except to the extent thor o notice of the exercise thereof or a notice of e de[ed, lien or encuml~ronce resulting from a violotion or olleged violotion offeding the Iond hex beeo recorded in the public ~ecords or Dote of Polio/. 2. Rights cE eminent domain unless notice of the exercise thereof hoe been recorded in the public records ct Dote of Policy, but not excluding [rom coverage eny tokiag which hoe occurred prior to Dote of Polio/which would he binding on the righis cE o purchoser for volue without knowledge. 3. Defeds. liens, encumbronces, odverse doims or other motiere: (o) oeoted, suffered, ossumed or ogreed to by the insured doimon~; (b) not known to the £ompnny, not renerded in the public records ct Dote of Policy, hut known to the insured deimonl cod not disclosed in writing to the [ompony by the insured deimont prior to the dote the insored doiment become on insured under this polio/; (c) resultiog in no loss or domoge to the insured doimont; (d) atioching or cmeted subsequent to Dote of Polio/; or (e) resulting in loss or demoge which would oct hove been suetoined ihhe insured doimont hod poid volue for the eetote or interest insured by this poli~y. 4 Any cloim which crises oul cE the tronsodion nesting in the Insured the estote or interest insured by this polio/, by reoson of the operotion cE federol benkrupto/, stote insolveno/, or similer credilors' rights lows, thor is boxed on: (o) the trnnsedion erecting the estote or ioterest insured by this polio/being deemed e [roudulent conve¥once or frouduleot tronsfer; or (h) the tmnsedion erecting the eetote or interest insured by this polio/being deemed o preferentiol tronsfer except where the preferential tronsfer results from the foilure: (i) to timely record the instrument ct trons~er; or (ii) of such [ecordotion to import notice to o purchoser Eot vnlue or o judgment or lien creditor. {!cYZ. 0-8831- 3211 20 NY-O01 (10 17 92) Phone: Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville New York 1174 7 (63D 501-9615 Fax: (63D 501-9623 Date: November 17, 2004 Title No: 23-S-3871 Melanie Town of $outhold, Office of Town Attorney 53095 Route 25 P.O. Box 1179 Southold, New York 11971 RE: Borrower/Current Owner: Premises: Town of Southold 1135 Boissau Avenue Southold, New York In reference with the above captioned transaction, enclosed please find the following: Owners Title Policy NOTE: Any corrections or questions, please do not hesitate to call. RightFax 11 B/2004 1:19 SCHED[~E A PAGE 002/003 Title No.: 23-S-3871 Date of Policy: November 18, 2004 Policy No.: O-8831 =;21620 Amount of Insurance: $196.t}75.00 l. Name of Insured: CounD': Suftblk Town of Soulhokt 2. The estate or interest in the land described herein and which is co~ered by this policy is: 3. Title to the estate or interest in the land is vested in: Easement made to Tox~m of Southold from l=ug~ac £). Dull? and Alice M. Gran~. as Co4:xeculors or,he Es~a~e of Alice G. Du fl~' and to be recorded in the Suffolk Coonly Clerk's/Register~s Office. 4. The land referred to in this policy is described as follows: See Sched.le A Description, allached herelo and made a. parl hereof. Dislficl: 1000 Section: 063.00 Block: 02.00 Lol: 006.0010, 4612 (7/93) Page2 STEWART TITLE INSURANCE COMPANY RightF&x PAGE 003~003 Server 110/2004 1:19 SCHEDULE B Fitle No.: 23-S-3871 Policy No O-8831-321020 EXCEPTIONS FROM COVERAGE This poficy does not insure against loss or damage (and the Company will not pa)' costs, attorney's fees or expenses) which arise by reason of: Rights of tenant(s) or person(s) in possession, if an)'. Smx, ey made by Stanley J. lsaksen, Jr., dated 6.24.:2003 and last dated 08'04/2004, in which covers prenfises and mom; shows subject prentises as unimproved vacant land. and as a cnltivated field; Wooded re'cas and em'th drive as shoxvn thereon; Fence varies up to 2.5 feet north along t~'ms of southerly line: Tree on westerly line. Company excepls an)' changes since the dale of the survey used herein. 3. Policy excepls an)' unpaid water, sewer or street frontage charges. 4. Policy excepts the lien of restored laxes, plus inleresl and penalties, if any. 4613 (2/93 Page 3 $ T E W A R T T I T L E INSURANCE COl'HI>ANY RightF&x 11 ;/2004 1:10 PAGE 002/003 Fax Server Stewart Title Insurance Company Title No: 23-S-3871 Amended 11/17/2004 Policy No.: o 8831 321(,20 Schedule A Description ALL that cea,fin plot, piece or parcel of land with The buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold. County of Suffolk and Slale of New York known as and by part of Lot 006.000 in Dislricl 1000 Section 063.00 Block 02.00 on Ihe Suffolk County Land and Tax Map, and being bounded and described as follows: Beginning at the comer fom~ed by the intemection of the nor~heaslerly side of Railroad Avenue (f'k'a Youngs Avenue) and the northwesterly side of Hummel Avenue distant 365.25 feet on a tie line; Thence North 72 degrees 49 minutes 10 seconds l~ast. 269 50 feet lo the tree point of beginning; Running Thence North 13 degrees 13 minutes 20 seconds West. 148.66 t~et to a point; Thence South 73 degrees 37 minutes 40 seconds \VesL 70.09 feet to a point; Thence the following hvo (2) courses and distances: (l) North 13 de~ees 29 minutes 00 seconds west, 20.03 feet to a concrete monument; (2 } North 13 degrees 29 minutes 00 seconds Wesl, 140.00 feel to a concrete monument; Thence North 73 degrees 37 minutes 40 seconds ettst, 472.92 fcc! to a concrete monun~enl; Thence SouTh 07 degrees 17 minutes 30 seconds east. 215.30 feet to a concrete nronument; Fhence North 78 degrees 24 minules 00 seconds etcsl, 680.60 feet to a concrele monl,ucnt; The~me South 02 degrees 30 minules 40 seconds west, 151.50 feet to a point: Thence Soulh 70 degrees 45 minutes 10 seconds west. 1023.88 feet to a point; Thence North 15 degrees 07 minutes 20 seconds west. 10.89 feet to a point: Thence North 13 degrees 13 minutes 20 seconds wesl. 145.00 feet to the point or place of Beginning STEWART TIT E INSURANCE COMPANY HEREIN CALLED THE COMPANY Title No.: 23-S-3871 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8831-321620 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or material 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." 2. 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 fi-om Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Signed on November 18, 2004 Title Insurance Co.r~any $~gned ~(d % Authorized Office or Agent Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville, New York 11747 Agent No.: 327005 STEWART TITLE INSURANCE COMPANY Secretary STANDARD NEW YORK ENDORSEMENT (9,1 '93) FOR USE WITH ALTA OWNER'S POLICY (10,17'92) iONDITIONS AND STIPULATIONS Continued ntiflued and concluded from reverse side of Policy Face).,m,,' Upon the exercise by the Company of either of the options provided for in~paragropl~. Cb) When l/obqity anmextent of loss or damage has been definitely fixed in (b)()o (), heCompanysoblgo one o he nsured under h~po cyfo he fo reed fosse ~ codance w , hese Condllon"'""s and Shpua ions, the ass or damage sha be payable damage, other than the payments required to be made, shall Jmednate, including ar~. ~dhin 30 days tbereoffer. liability or obligation to defend, prosecute or continue any litigation "' 7. DETERMINATION, EXrENT OF UABILI'ff AND COINSURANCE. This policy is a contract of indemnity against adual monelary loss or damage sustained or incurred by the insured claimant who has suffered loss ar damage by reason of molters insured againsl by this policy and only to the extent herein described. Ca) The liability of the Company under this policy shall not exceed lhe least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) rhe 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. Cb) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or inrerest or lhe fuji consideration paid for [be estate or inlurest, whichever is less, or if subsequent to the UaJe of Pohcy an improvement is erected on the land which increases the value of the insured estate m interest by at least 20 pemenl over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial 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 gate of Policy; or (ii) where u subsequent improvement has been made, as to any partial less, the Company shall only pay the less pro rata in the proportion that J 20 percent of the Amount of Insurance stated in Schedule A bears to the scm of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorney~' fees and expenses [or which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 1 O percent of the Amount of Insurance stated in Schedule A Cc) The Company will pay only those costs, attorneys fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations 8. APPORTIONMENT. ff the land described in Schedule A consists of Iwo or more parcels which are ual used as a single site, end 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 if the amount of insurance under this policy was divided pro rata as to the value on Date of Pohcy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a JiabJbty or value has otherwise been agreed upon as to each patter by the Compauy and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement aMached to this poticy. 9. LIMITATION OF LIABILITY. Ca) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access Io or from the land, or cures the claim of unmarketability of title, all as insured, in c reosenably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that mull'er and shall not be liable for any loss or damage caused lhureby Cb) In rhe event of any litigation, including litigation by the Company or with lhe Company's consent, the Company shall have no IJabdih/[or loss or damage until there has been a final detemlinatJon by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the tide as insured. Cc) The Company shall not be liable for Joss or damage to uny insured [or liabilih/ voluntarily assumed by the insured ia settling any claim or suit without lhe prior written consent of the Company. 10 REDUCTION OF IHSURANCE; REDUCEION OR TERMINATION OF LIABIU'IY. All payments under this policy, except payments made for costs, attorneys' fees and expense& shall reduce the amount of the insurance pro fanta I1. LIABILIr/NONCUMU!.ATIYE. Ii is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under cay policy insuring a mortgage to which exception is taken in Schedule B or ru which lhe iusared has agreed, assumed, or taken subject, ur which is hereafter executed by an insured and which is a charge ur lien on estate or inlemst described or referred la in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner 12. PAYMENT OF LOSS. Ca) Ida payment shall be made withoul producing this policy far endorsement of the payment unless the policy has been lust or destroyed, in which case proof of Joss or destmdion shalt be furnished to the satisfaction of the Company 13. SUBROGATION UPON PAYMENTORSE'ITLEMENT. Ca) The Company's Right of Subrogation. Whenever the Company shall have settled and paid o claim under this policy, all right of !ubrogabon shall ves~ ie the Company unaffeded by any act of the insured claimant. The Company shall be subrogated to and be eetiged to all rights and remedies which [he insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If ~equested by the Company, the insured claimant shall transfer ta the Compaey all ~ights and remedies against any person or property necessary in order lo perfect this right of iabrogation. The insured claimant shall permit the Company to sue, compromise or setTle in the name of the insured c[oimant and to use the name of the insured claimant in any ttunsaction or litigation involving these r[ggts or remedies. If a payleent on account of o claim does not Fully cover the loss of the insured claimant, the Company shall bn subrogated to these rights and remedies ia the proportion which the Company's payment beam to the whole amount of the loss I[ loss should result from any act of the insured claimant, as stated above, [hat act shad nut void this policy, but the Company, in that event, shall be required to pay only that port of any losses insured against by this policy which shall exceed the amounR if any, lost to [he Company by reason of the impairment by the insured claimant of the Company's right of subrogation. Cb) The Compoey's Rights Against Non-insured Obligom. The Company's right of subrogation against non-insured obligors shall exist and shell include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, nolwithstanding any terms or conditions contained in those Jnstrument~ which provide fur subrogation 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 American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim belween the Company and the insured arising out of ar relating to this policy, any service of the Company in connection with it~ issuance or the breach of a policy provision or other obligation. All arbitrable matters, when the Amount of Insurance is 51,000,000 or less shall he ar[otrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of SI,O00,O00 shall be arbitrated only when agreed to by barb the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand [or arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include artomeys' fees only U the laws of the state in which the land is located permit e court to award attorneys' foes to a prevailing pady. Judgment upon the award rendered by the A~bitrator(s) may be entered in any court having jurisdiction thereof. [he law of the situs of lhe land shall apply to au ar[ottuliun under the Title Insurance Arbitration Rules A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY UMITEB TO 1'HIS POLICY; POLICt' ENTIRE CONTRACT. (a) This policy together w/th all endorsements, if any, attached hereto by the Company is the enlire policy and contract between the insured and the Company. Je interpreting any provision of this policy, this policy shall be construed as a whole. Cb) Anyclaimoflossurdanlage, whetherornotbasedunnegligencu, andwhicharises out of lhu status of the litle to the estate or interest coverelJ hereby or by any action asserting such claim, shall be restricted to this policy. Cc) No amendment of m endomement to this policy can be made except by a writing endorsed hereon or altached hereto signed by either the President, a Vice President, the Secretary, an Assislant Secretary, ur vabdatmg officer or authorized signaton/of lhe Company. 16 SEVERABILI'ff. In the event any provision of the policy is held invalid ur unenforceable under applicable law, the policy shall be deemed uot to include thet provision and ell ethm provisions shall remain in foil iorce and erfecr. 17 NOTICES, WHERE SENT. All notices required to be gwen the Company end any sratemanr in writing required re be fur~ished the Company shall include the number of this policy and shall be addressed to the Company at 300 East 42nd Street, ~iew York, ttew York I O017. ST E~VART TITLE'~ CLOSING STATEMENT ESTATE OF ALICE GRATTAN DUFFY to TOWN OF SOUTHOLD SCTM #1000-63-2-6 (n/Ida 1000-63-2-6.2) Development Rights Easement - 7.13 total PDR acres Total Parcel Acreage - 8.15 acres Lot created (approved by Planning Board) - 0.930 acre Lot line change (approved by Planning Board) - 0.09 acre Premises: 1135 Boisseau Avenue, Southold Closing took place on Thursday, November 18, 2004 at 1:00 p.m., in the Land Preservation Department located in the Southold Town Hall Annex Purchase Price: Payable to The Estate of Alice Grattan Duffy (7.13 acres @ $27,500/buildable acre) Check #79169 (11/18/04) $ 196,075.00 Expenses of Closing: Appraisal Payable to Given Associates Check #72851 (8/12~03) $ 2,200.00 Survey Payable to Stanley J. Isaksen, Jr. Check #77756 (8/24/04) $ 875.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #75518 (3/9/04) $ 1,350.00 Title Report Payable to LandAmerica*Commonwealth Check #79170 (11/18/04) Fee Policy Premium $1,196.00 Deed Recording $ 250.00 $ 1,446.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #79171 (11/18~04) $ 75.00 Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. Gary Olsen, Esq. Karen Hagen, Esq. Melissa Spiro Melanie Doroski Southold Town Supervisor Special Counsel for Town of Southold Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst TOV, N OF SOUTHOLD 53095 MAIN ROAD S~)UTHOLD, NEW 'fORK 11971~0959 DATE 11/18/2004 79i69 ~.,.,, ~II)ND~.D NI~ S~ THO SE~T~ FiVE ~ 00,/100 ,.~?.....: ,? ...... . $i9,6, o75. oo VENDOR 004772 ESTATE OF ALICE GRATTAN DUFFY 11/18/2004 CHECK 79169 ~TT~TI~ ~. AF'C'CqTYt',IT H3 .8660.2.600.100 TNVOICE 1000-63-2-6 DESCRIPTION 7.13 ACRES @ $27. TOTAL AMOUNT 196,075.00 196,075.00 TOWN OF SOUTHOLD · SOUTHOLD. NY 11971-0959 GIVEN PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-347 FAX 36O-362. May 20, 2003 Melissa Spire, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Property of Alice Grattan Duffy, S.C.T.M. #1000-63-2-6 Located Westedy side of Boisseau Avenue, Southold, NY File# 2003217 $2,200.00 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 E3 .600 8/12/2003 8/12/2003 ~3 .600 8/26/2003 8/26/2003 A .600 9/09/2003 9/09/2003 ~3 .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 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N... ........... : W-08122003-452 Line: 105 Formula: 0 : : Account.. E3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 8/12/2003 SDT 8/12/03 : : Trx Amount... 2,200.00 : : Description.. APPP, AISAL-DUFFY PROPERTY : Vendor Code.. 007416 : : Vendor Name.. GIVEN, SRPA/PATRICK A. : : Alt Vnd.. : : CHECK ........ 72851 SCNB : : Invoice Code. 2003217 : VOUCHER ...... : : P.O. Code .... 10649 : : Project Code. : : Final Payment F Liquid. : : 1099 Flag .... 7 : : Fixed Asset.. Y : : Date Released 8/12/2003 : : Date Cleared. 8/31/2003 : : F3=Exlt F12=Cancel F21=Image : STANLEY J. ISAKSEN, JR. PROFESSIONAL LAND SURVEYOR P.O. Box 294 New Suffolk, N.Y. 11956 Topographic Title Surveys Surveys Telephone & Fax 631-734-5835 4 August 2004 Town of Southold Land Preservation Dept. P.O. Box 1179 Southold, N.Y. 11971 ATTN: Ms. Melissa Spiro Dear Ms. Spire: RE: Duffy Estate Railroad Avenue Southold, N.Y. TM# 1000-063-02-006 The following is a bill for mapping and surveying services concerning the PDR at premised known as 2050 Railroad Avenue of property ,.wned by heirs of Alice Dully. Fee for services to include all field work, data collection, computer time and reproduction expenses: Please remit ...... $875.00 at this time. CC: file 03R1245 Very qy yours, /~/~/ ~¢~,' ;and Surve.~or AU0 - § 2O04 OEP'[ OF LAND PRESERVATION AMERICAN CONGRESS NEW YORK STATE ASSOC. NASSAU-SUFFOLK ON OF CIVIL ENOINEERSJNC. SURVEYING AND MAPPING PROFESSIONAL LAND SURVEYORS. INC. GL'108S 20 TOWN OF SOUTHOLD ** Actual 'Vendor.. 009660 ISAKSEN,JR.,L.S./ST JE Date Trx. Date Fund Account ............................. Begi 5/18/2004 5/18/2004 H~ .600 8/24/2004 8/24/2004 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor N..a.m.e .............. Detail--GL100N .......... : W-08242004-336 Line: 170 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 8/24/2004 SDT 8/26/04 : : Trx Amount... 875.00 : : Description.. SURVEY-DUFFY ESTATE : : Vendor Code.. 009660 : : Vendor Name.. ISAKSEN,JR.,L.S./STANLEY : : Alt Vnd.. : : Invoice Code. B3R1245 : : VOUCHER ...... : : P.O. Code .... 12741 : : Project Code. : : Final Payment F Liquid. : : 1099 Flag .... 7 : : Fixed Asset.. Y : : Date Released 8/24/2004 : : Date Cleared. 8/31/2004 : : F3=Exit F12=Cancel F21=Image : : 'l elson, Pope & Voorhis, LLC 5?2 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Pmpe~,: 03435 Project: 1135 Boisseau Avenue Manager: McGinn, Stevcn VA013 Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Patricia A Finnegan, AT Invoice #: 2302 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS · Invoice Amount $I,350.00 Contract Item gl: Prepare Phase I Environmental Site Assessment Work Performed: 12/10/03 thru 1/7/04 Contxact Amount: $1,350.00 Percent Complete: 100.00% Fee Earned: $1,350.00 Prior Fee Billings: $0.00 Current Fee Total: $135o.oo *** Total Projectrlnvoice Amouht $1,350.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account ......................... Use Acti .Y. 1/20/2004 1/20/2004 1/20/2004 1/20/2004 1/20/2004 1/20/2004 2/24/2004 3/09/2004 3/09/2004 4/20/2004 4/20/2004 4/20/20D4 4/20/20D4 5/18/2004 Select 1/20/2004 H3 600 1/20/2004 A 600 1/20/2004 A 600 1/20/2004 A 600 1/20/2004 A 600 1/20/2004 A 600 2/24/2004 B 600 3/09/2004 H3 .600 3/09/2004 H3 .600 4/20/20B4 H3 .6OD 4/20/2004 H3 .600 4/20/2004 H3 .600 4/20/2004 H3 .6OD 5/18/2004 A .600 5/18/2004 5/18/2004 H3 .600 ......................... Use Acti Record(s) or Use Action Code Disburs Inquir .............. Detail--GLlODN .... a-O30q2B04-727 Line: 283 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date ..... 3/09/2004 SDT 3/10/04 Trx Amount... 1,350.00 Description.. PHASE I ESA-DUFFY ESTATE Vendor Code.. 014161 Vendor Name.. NELSON, POPE & VOORHIS, Alt Vnd.. CHECK ........ 75518 SCNB Invoice Code. 2302 VOUCHER ...... P.O. Code .... 11752 Project Code. Final Payment F Liquid. 1099 Flag .... 7 Fixed Asset.. Y Date Released 3/09/2004 Date Cleared. 3/21/2004 F3=Exit F12=Cancel F21=Image VENDOR 019624 STEWART TITLE INSUR3LNCE CO. 11/18/2004 CHECK 79170 FT_~_iD r_: ACCOLTNT P n H3 .8660.2.600.100 H3 .8660.2.600.100 1000-63-2-6 1000-63-2-6 DUFFY TITLE POLICY RECORD DUFFY DEED TOTAL AMOUNT 1 , 196 00 250 00 1,446 00 TOWN OF SOUTHOLD · SQUTHOLD, NY 11971-0959 ~"~'~h TO~:N OF SOUTHOLD [~ ~ 53695 MAIN ROAD ·. , · . NO~ .:,.~ .- ., .. ·,,,,: , .... :. . ... ,: . ' ' DATE CH~OK NO, AMOUNT · " ~/~8/2oo~ ::.; 7~i7~' ' -.", . ~75,o0 VENDOR 007707 KAREN HAGEN 11/18/2004 CHECK 79171 ~T~ r, ~T~TT H3 .8660.2.600.100 p © ~- T'kI~IOTCR 1000-63-2-6 DEECRIPTION AMOUNT CLOSER FEE-DUFFY ESTAT 75.00 TOTAL 75.00 TOWN OFSOUTHOLD · SOUTHOLD NY 1197%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: 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: November 19, 2004 Re: THE ESTATE OF ALICE GRATTAN DUFFY to TOWN OF SOUTHOLD SCTM #1000-63-2-6 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: 1135 Boisseau Avenue, Southold OWNER: The Estate of Alice Grattan Duffy PURCHASE DATE: Closing took place 11/18/04 PURCHASE PRICE: $196,075.00 (based on 7.13 buildable acres @ $27,500/acre) EASEMENT AREA: 7.13 acres FUNDING: Community Preservation Funds - 2% land bank MISCELLANEOUS: This farmland property is listed in the Town's Community Preservation Project Plan. Parcel was originally 8.15 acres. Landowner received Planning Board approval for subdivision (separation of existing house from farm) and lot line change before closing on 7.13 farm area easement with Town.