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HomeMy WebLinkAboutTuthill, Hallock ESOUTHOLD TOWN BOARD PUBLIC HEARING May 22, 2007 4:50 PM This heating was opened at 5:16 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ May 22~ 2007~ at 4:50 p.m.~ Southold Town Itall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Halloek E. Tuthill. Said property is identified as part of SCTM #1000-101-2-22. The address is 4508 Alvah's Lane in the A-C zoning district and located approximately 813 feet southeasterly from the intersection of County Road 48 and Alvah's Lane in Cutchogue, New York, sharing its northwesterly boundary with LIRR. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 5± acres (subject to survey) of the 7.1 ± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $72,000 (seventy-two thousand dollars) per buildable acre for the 5± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and 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 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice that this has appeared as a legal outside on the Town Clerk's bulletin board. It has appeared as a legal in the local newspaper and I have a short environmental assessment form, all filled out and finalized. There is nothing else. SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board and address us on this issue? MELISSA SPIRO, LAND PRESERVATION COORDiNATOR: Hi, I am Melissa Spiro. As mentioned, this is a Town purchase or recommendation for a Town purchase on a 5 acre farm. The Land Preservation Committee doesn't generally recommend the purchase of development rights easements on parcel of this size, however, as you can see or maybe you can't see on the map, this parcel is adjacent to and in the vicinity of several other parcels where we have already purchased the development rights, either the Town or the County. And based on its location next to these preserved parcels, the Committee felt that this farm was actually a high priority for preservation. The preservation of this particular parcel will expand that block, the block runs all the way from the Long Island Rail Road almost all the way down to Main Road and then there is preserved land across the street to the east. Both the Committee and I fully support the Town's purchase of this easement and we recommend that the Town Board proceed with the resolution to purchase the development rights easement. Of course, our land preservation efforts could not be possible without the landowners and I want to take this opportunity to thank the Tuthill's for giving us the opportunity to preserve their significant farm. The landowners are anxious to close and we hope to do so in a month or so. We have got the paperwork going to do that. So the Committee and I both ask for the Town Board's support in proceeding with this purchase. Thank you. SUPERVISOR RUSSELL: Thank you, Melissa. before the Town Board on this public hearing? close the heating? Would anybody else like to come up (No response) Can I get a motion to This heating was closed at 5:19 PM Neville Southold Town Clerk Southold Town Board - Letter Board Meeting of May 22, 2007 RESOLUTION 2007-501 ADOPTED Item # 37 DOC ID: 2886 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-501 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 22, 2007: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Hallock E. Tuthill on the 22nd day of May, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-101-2-22. The address is 4508 Alvah's Lane in the A-C zoning district and located approximately 813 feet southeasterly from the intersection of County Road 48 and Alvah's Lane in Cutchogue, New York, sharing its northwesterly boundary with LIRR; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 5~ acres (subject to survey) of the 7.1~- acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and Generated May 24, 2007 Page 58 Southold Town Board - L~er B~d Meeting of May 22, 2007 WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Hallock E. Tuthill pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-101-2-22. The address is 4508 Alvah's Lane in the A-C zoning district and located approximately 813 feet southeasterly from the intersection of County Road 48 and Alvah's Lane in Cutchogue, New York, sharing its northwesterly boundary with LIRR. The development rights easement comprises a part of the property consisting of approximately 5± acres (subject to survey) of the 7.1± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and thc property owner. The purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of thc Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of thc Town Code and the Generated May 24, 2007 Page 59 Southold Town Board - Le~er Board Meeting of May 22, 2007 Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated May 24, 2007 Page 60 Southold Town Board - Le~er Board Meeting of May 22, 2007 RESOLUTION 2007-500 ADOPTED Item # 36 DOC ID: 2885 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-500 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 22, 2007: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development fights easement on a certain parcel of property owned by Hallock E. Tuthill pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM # 1000-10 I-2-22. The address is 4508 Alvah's Lane in the A-C zoning district and located approximately 813 feet southeasterly from the intersection of County Road 48 and Alvah's Lane in Cutchogue, New York, sharing its northwesterly boundary with LIRR. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 54- acres (subject to survey) of the 7.14- acre parcel. The exact area of the development fights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further Generated May 24, 2007 Page 56 Southold Town Board - Le~er Bgd Meeting of May 22, 2007 RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville $outhold Town Clerk RESULT: ADOPTED [UNANIHOUS] HOVER: Thomas H. Wlckham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated May 24, 2007 Page 57 #8369 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald 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 week(s), successively, commencing on the 17th day of May, 2007. Principal Clerk Sworn to before me this 2007 CHRISTINA VOLINSKI NOTARY PUBLIC'STATE OF r~W YORK NO 01-¥'C.5'05050 comrl~is~l' Expires February 28, 200I~ I~GAL NOTICE NO1~CE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to thc provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby ~ LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ May 22~ 2007~ at 4:50 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 property owned by Hallock E. Tuthill. Said property is identified as part of SCTM # 1000-101-2-22. The address is 4508 Alvah's Lane in the A-C zoning district and located approximately 813 feet southeasterly from the intersection of County Road 48 and Alvah's Lane in Cutchogue, New York, sharing its northwesterly boundary with LIRR. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 5± acres (subject to survey) of the 7.1± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $72,000 (seventy-two thousand dollars) per buildable acre for the 5± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and 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 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: May 8, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MAY 17, 2007~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Land Preservation Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the I (,a day of ~ ~ ,2007, 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. Tuthill 5/22/07 d~Elizal~eth A. Ne~l]~- - Southold Town Clerk Sworn before me this I (jr day of ~,o.~_~ , 2~7. ~J ' -l~otary Public LYNDA M. BOHN NOTARY PUBLIC, State of New Yorf( No. 01 B06020932 Qualified in Suffolk Courl~ Term Expfres March 8, 20J~_ 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNL][STED AC~ONS Only PART Z-PRO3ECT ZNFORHATION (To be completed by Applicant OR Project) Page 1 of 2 3, PRO3E~ LOCA~ON: 4. PRECISE LOCA~ON: (Street address and road interse~ions, prominent landmarks, etc~ or provide map) 5. IS PROPOSED ACTION: ~ New ~ Expansion [~] Modification 7. AMOUNT OF ND AFFECTED: ~ IN]TALLY ~L~ acres ULTI~4ATELY ~z' ~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? i es No if No, describe briefly 9, WHAT IS PRESENT LAND USE IN VICINITY OF PRO3ECT? ~ Residential~"~ C°mme~cialr~ Industlfal[~ Agriculturen~ Park/Folest/Openspace~-~ Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULITMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes No ~f yes, I~st agencT(s) and pemli¢/approvals il. DOES ANY ASP/U OF THE A~ON HAVE A CURRENTLY VA~D PERM~ OR APPROVAL? 12. AS RESULT OF PROPOSED ACTION WILL EXISTENG PERMIT/APPROVAL REQUIRE MODIFICATEON? Yes No I CERTIFy THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE PAR~T I~-ENVIRrON,MENTAL ASSESSHENT (To be co,mpleted by Agency) page2 of 2 A, DOES ACTZON EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR~ PART 617.47 Il. WtLL AC1/ON RECEZVE COORDlrNATED REVIEW AS PROV/DED FOR UNI. ZSTED AC'T'~ONS IN § NYCRR~ PART 617.67 ~ Yeslr~ No If no, a negative declaration may be sucpended by another invoived agency C, COULD ACT'~ON RESULT ][N ANY ADVERSE EFFECTS AS$~[OCZATED WITH THE FOLLOWING: (Answers may be handwri~en~ if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing b-a¢fic patterns solid waste production or dispc~l,~potential for erosion, drainage or flooding problem? Explain briefly: (22. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? Expr~r~briefly: C3, V,e~ietation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly. existiog plans or goals as officially adopted, or change In use or intensity of use of land or other natural resources C5, Grao~rffi, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6, L~ooterm, short term, cumulative, or offier effects not idenfifled }n C1~C5? Explain briefly: C7, Other impacts (including changes in use of either quantity of t~pe of energy)? I:xplain hdefl¥: D. WILL THE PRO]ECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTER~CS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~ Y~ No E. ZS THERE~ OR IS THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? be assessed in connection with its (a) setting (i.e. urban or rural); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope; Check U~is box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then proceed directly to the FULL ENVIRONPIETNAL ASSESSMENT FORN and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessa~/, the reasons suppotting thi etermination:~..-:--. Titl~,.~f l~,esp~msible Officer Signature of Responsible Officer in Lead Ag~ii~y '~~of responsible officer) Town of Southold - LetterO d ing of May 8, 2007 RESOLUTION 2007-453 ADOPTED Item # 29 DOC ID: 2872 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-453 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2007: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, May 22, 2007, at 4:50 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 property owned by Hallock E. Tuthill. Said property is identified as part of SCTM #1000-101-2-22. The address is 4508 Alvah's Lane in the A-C zoning district and located approximately 813 feet southeasterly from the intersection of County Road 48 and Alvah's Lane in Cutchogue, New York, sharing its northwesterly boundary with LIRR. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 5± acres (subject to survey) of the 7.1± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $72,000 (seventy-two thousand dollars) per buildable acre for the 5± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and 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 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski .lr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski .lr. Gener~edMayl4, 2007 Page 43 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: Elizabeth A. Neville Town Clerk Melanie Doroski Sr. Administrative Assistant November 1, 2007 HALLOCK E. TUTHILL to TOWN OF SOUTHOLD Development Rights Easement - 5.2041 acres SCTM #1000-10t-2-22.2 (flk/a part of SCTM #1000-101-2-22) Location: 4805 Alvah's Lane, Cutchogue 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 Easment dated September 19, 2007, between Hallock E. Tuthill and the Town of Southold, recorded in the Suffolk County Clerk's office on 9/24/07, in Liber D00012523 at Page 406 · Original title insurance policy #RH07300691 issued by Land America Commonwealth on 9/19/07 in the insured amount of $374,695.20 · Closing Statement Thankyou. Melanie encs. cc: Assessors w/copy of recorded easement Jack Sherwood w/copy of recorded easement (survey previously provided) Town Board w/o encs. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 16 Receipt Number : 07-0089107 TRANS~R TAX NUMBER: 07-05655 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 101.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 09/24/2007 08:59:59 AM D00012523 406 Lot: 022.002 Received the Following Fees For Above Instrument Exempt Page/Filing $48.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $10.40 NO RPT Transfer tax $0.00 NO Comm.Pres Fees Paid TRANSFER TAX NUMBER: 07-05655 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $5 $15 $0 $0 $118 Exempt 00 NO 00 NO 00 NO 00 NO 00 NO 40 Judith A. Pascale County Clerk, Suffolk County OCT 31 2007 Number of pages TORRENS Serial # Certificate # Prior Ctf. # /¢ Deed / Mortgage Instrument Deed / Mortgage Tax Stamp RECORDED 2007 Se* 24 08:59:59 · Judith A. Pascaie CLERK OF SiJFFOLkl COiJ!~T? L B000i2523 ? 406 ~T~ 0F-0~65~ Recording / Filing Stamps 31 Page / Filing Fee Handling TP-584 5. 00 FEES Notation EA-52 17 (County) Sub Total EA-5217 (State) R.P.T.S.A. Comm. of Ed. 5. 00 Affidavit . Certified Cop~ NYS Surcharge 15. 00 Other Grand Total I Block02.00 [ Lo~ 4 IDist. W00 [ Section [ 01. 00 Real Property 07028664 looo loloo 0200 022002 Tax Service ~ Agency Verification Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Lisa Clare Kombrink, Esq. 235 Hampton Road Southampton, NY 11968 8 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 If NO, see appropriate tax clause on page # of this instrument. q-lq-o'- 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD TD Otklll 14 llocK E. 7 I Title Company Information Co. Name ~e~,t/I,O3$.Oa/~7~t-T:/4 Suffolk County Recording & Endorsement Page ~ispage fo~sp~of~eattached ~a{ O~ ~10~ ~l~t5 ~Se~ madeby: ~ (SPECWY T~PE OF ~ST~UMENT)~" TO The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of In the VILLAGE or HAMLET of 3ou- holb BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IMPORTANT :NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January i0w and on or before May 3Pt. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 {631) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 {631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 {631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Is~p, N.Y. 11751 {631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 Sincerely, dw 2/99 Suffolk County Clerk 12-0104:: 07/02cg GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT is made on the 19th day of September 2007 at Southold, New York. The parties are HALLOCK E. TUTHILL, RR2, 4805 Alvah's Lane, Cutchogue, New York 11935 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM# 1000-101-2-22 more fully described in SCHEDULE A attached hereto and made a part hereof and shown on the survey prepared by John C. Ehlers Land Surveyor, dated June 11, 2007 and last revised July 30, 2007, and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class ! 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 #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used as field and grain 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 and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any 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 THREE HUNDRED SEVENTY- FOUR THOUSAND-SIX HUNDRED N:[NETY-F][VE AND 20/100 DOLLARS ($374,695.20) 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 agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law Section 2 247. Similar recognition by the federal government includes Section 170(h) of the Tnternal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated .lune 11, 2007 last revised .luly 30, 2007 prepared John C. Ehlers Land Surveyor, and a Phase 1 Environmental Site Assessment dated July 2, 2007 by Nelson, Pope & Voorhis, LLC. 0.06 Recitation Tn 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. ARTTCLE 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 that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Code") and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and Markets Law, now or as it may be amended. No future restrictions or limitation in the definition shall preclude a use that is permitted under the current law and/or code. "Equestrian Rights" shall mean the right to use the Property and to erect structures for the purpose of boarding, breeding, raising and training of horses or other equines. The term 'equestrian rights' shall not include riding academies or equine events, such as rodeos, horse shows or polo matches where spectators are expected to attend. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. 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 except as permitted by the Southold Town Land Preservation Committee and other applicable provisions of the Town Code and 4.06 of this Easement. 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 walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, nursery mats, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property or in connection with necessary drainage or soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in 4 connection with normal agricultural/horticultural activities, 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, except as provided herein. "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. Further, notwithstanding the restrictions contained in this 3.03, Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by the Town Code, reconfigure existing property lines with contiguous parcels for the purpose of agricultural production. All reconfigured parcels must contain at least 10 acres of preserved land. 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, composting and crop removal. 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 and the character of the business conducted thereon, (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) with the consent of the Grantor, 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 systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 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 any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, that term is presently referenced in §247 of the General ~4unicipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Code") and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and Markets Law, now or as it may be amended, shall not be considered a commercial use. No improvements or activity inconsistent with current or future agricultural production shall be permitted on the Property. 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. 3.09 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 Rights 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 rights specifically permitted by this Easement and the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'$ RI[GHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ART1[CLE 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, State, or federal law. 6 4.04 Landscapinq Activities Grantor shall have the right to continue the current and/or customary 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 or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 Agricultural Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and Markets Law, now or as it may be amended. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code, structures shall be prohibited except as set forth in Section 4.06. 4.06 Structures A. Allowable ]mprovements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Code of the Town of Southold and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; (iii) Renovation, maintenance and repairs of structures built or permitted pursuant to this Section 4.06. (iv) Specific improvements not included as structures in Section 3.01. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. 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. D. Replacement of Tmprovements. Tn 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 in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code of the Town of Southold, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment and defer payment pending such action. 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 Tndemnification 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, all of which shall be reasonable in amount and actually adjudicated, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's such person's actions or inactions or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount and actually adjudicated, resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultural production, then Grantor shall continue the current modes of landscaping, pruning and grounds maintenance. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such maintenance. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, not more frequently than annually, 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 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather 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 or crops, livestock or livestock products 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 agricultural 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. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably accomplished within 15 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ART][CLE S:[X 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. ]0 6.06 Extinquishment/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguish of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural and/or open space value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN M1[SCELLANEOUS 7.01 Entire UnderstandinQ This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local law. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and shall be duly recorded. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code and other applicable laws upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. ]Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governinq Law New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 ]Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. :If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise 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 it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the property. Grantee may use images of the Property for non- commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordinq Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. fN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: HALLOCK E. TUTHfLL, Grantor HALLOCK E. TUTHILL ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee JOHN P. SEPENOSKI Deputy Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On th, is/q day of'~'~ in the year 2007 before me, the undersigned, personally appeared /f~f.z.z~-K -~-, ~'~/L~. 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 PATRICIA L. FALLON Notary Public, Stata Of New Yore No. 01FA4950146 Qualified In Suffolk County ~.~// Commission Expires April 24, STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this /¢ day of ~:7'~. in the year 2007 before me, the undersigned, personally appeared .lohn P. Sepenoski, 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 PATR1CIA L. FALLON Notary Public, Sta?. Of New York No. C1FA4950146 Quslii Ed ~,n Suffolk Courlty Commission Expires Apr 24, dj / C:~Documents and ScttingsLSmnchMy DocumcntsL~mne\Town of Southold Deeds of Development Rights\Tuthill91307Grant of Development Rights Easement changes highlighted.doc 13 File No: RH07300691 SCHEDULE A - DESCRI'PTTON AMENDED 08/02/07 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGI'NNING at a point on the southwesterly side of AIvah's Lane where the same is intersected by the southeasterly line of the Long Island Railroad and the northeasterly corner of the premises herein described; RUNNING THENCE South 44 degrees 3~. minutes 50 seconds East along said southwesterly side of Alvah's Lane, 173.33 feet; THENCE through land of Hallock E. Tuthill the following two (2) courses and distances: South 49 degrees 10 minutes 30 seconds West, 275.44 feet; and South 40 degrees 49 minutes 25 seconds East, 302.52 feet to land now or formerly of Paulette S. & Eberhard Mueller; THENCE South 49 degrees 10 minutes 35 seconds West along said land now or formerly Paulette S. & Eberhard Muelter, 233.00 feet; THENCE South 56 degrees 06 minutes 35 seconds West still along said land, 140.16 feet to land now or formerly of Peconic Land Trust and Town of Southold; THENCE North 43 degrees 08 minutes 15 seconds West along said last mentioned land, 458.93 feet to the southeasterly line of the Long Island Railroad; THENCE North 49 degrees 10 minutes 30 seconds East along said southeasterly line of the Long ]sland Railroad, 654.91 feet to the southwesterly side of Alvah's Lane and the point or place of BEGINNING. ALTA Development Rights Policy (6 17 06) I- t File No: RH0730069! Amended 09/10/07 "RESERVED AREA" ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the westerly side of Alvah's Lane at the northeasterly corner of land now or formerly of Lisa E. Callaghan & Patrick R. r4ettes and the southeasterly corner of the premises herein described; RUNNING THENCE South 49 degrees 10 minutes 35 seconds West along land now or formerly of Lisa E. Callaghan & Patrick R. Metres and later along land now or formerly of Paulette S. & Eberhard Mueller, 303.73 feet; THENCE North 40 degrees 49 minutes 25 seconds West through land now or formerly of Hallock E. Tuthill, 302.52 feet; THENCE North 49 degrees 10 minutes 30 seconds East still through land now or formerly of Hallock E. Tuthill, 275.44 feet to the westerly side of Alvah's Lane; THENCE along said westerly side of Alvah's Lane the following two (2) courses and distances: 1. South 44 degrees 31 minutes 50 seconds East, 112.12 feet; and South 47 degrees 07 minutes 10 seconds East, 191.79 feet to the point or place of BEGINNING. ALTA Development Rights Policy (647-06) LandAmerica Commonwealth File NO: RH07300691 SCHEDULE A Amount of Tnsurance: $374~695.20 Date of Policy: September 19, 2007 1. Name of Insured: Town of Southold Policy No.: RH07300691 The estate or interest in the land which is covered by this policy: Development Rights Title to the estate or interest in the land is vested in: By Grant of Development Rights Easement made by Hallock E. Tuthill to the INSURED dated and to be recorded in the Office of the Clerk of the City/Register Suffolk County. 4. The land referred to in this policy is described on the annexed Schedule A - Description. Countersigned: ~)~.~ ;~ .t~J~ _ Authorized Officer or Agent ALTA Development Rights Policy (6-17-06) File No: RH07300691 SCHEDULE A - DESCRTpTZON AI~IENDED 08/02/07 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the southwesterly side of Alvah's Lane where the same is intersected by the southeasterly line of the Long Island Railroad and the northeasterly corner of the premises herein described; RUNNING THENCE South 44 degrees 31 minutes 50 seconds East along said southwesterly side of Alvah's Lane, 173.33 feet; THENCE through land of Hallock E. Tuthill the following two (2) courses and distances: 1. South 49 degrees 10 minutes 30 seconds West, 275.44 feet; and South 40 degrees 49 minutes 25 seconds East, 302.52 feet to land now or formerly of Paulette S. & Eberhard Mueller; THENCE South 49 degrees 10 minutes 35 seconds West along said land now or formerly Paulette S. & Eberhard lVlueller, 233.00 feet; THENCE South 56 degrees 06 minutes 35 seconds West still along said land, 140.16 feet to land now or formerly of Peconic Land Trust and Town of Southold; THENCE North 43 degrees 08 minutes 15 seconds West along said last mentioned land, 458.93 feet to the southeasterly line of the Long Island Railroad; THENCE North 49 degrees 10 minutes 30 seconds East among said southeasterly mine of the Long Island Railroad, 654.91 feet to the southwesterly side of Alvah's Lane and the point or place of BEGINNING. ALTA Development Rights Policy (6-17-06) File No: RH07300691 Amended 09/10/07 "RESERVED AREA" ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the westerly side of Alvah's Lane at the northeasterly corner of land now or formerly of Lisa E. Callaghan & Patrick R. Metres and the southeasterly corner of the premises herein described; RUNNING THENCE South 49 degrees 10 minutes 35 seconds West along land now or formerly of Lisa E. Callaghan & Patrick R. Metres and later along land now or formerly of Paulette S. & Eberhard Mueller, 303.73 feet; THENCE North 40 degrees 49 minutes 25 seconds West through land now or formerly of Hallock E. Tuthill, 302.52 feet; THENCE North 49 degrees :10 minutes 30 seconds East still through land now or formerly of Hallock E. Tuthill, 275.44 feet to the westerly side of Alvah's Lane; THENCE along said westerly side of Alvah's Lane the following two (2) courses and distances: 1. South 44 degrees 31 minutes 50 seconds East, 112.:12 feet; and South 47 degrees 07 minutes 10 seconds East, 191.79 feet to the point or place of BEGINNING. ALTA Development Rights Policy (6-7.7-06) File No: RH07300691 SCHEDULE B EXCEPTt'ONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of the following: Survey made by John C. Ehlers dated 06/11/07 and last revised July 30, 2007 shows the subject premises as unimproved plowed; a) Railroad switch boxes and platform straddle line in extreme northerly corner of premises as shown in detail; b) Dirt roads traverse northwesterly and southwesterly portions of premises. No other encroachments or variations shown. Company excepts possible rights of the Long Island Railroad in and to the switch boxes and platform as shown on the survey herein and the right to maintain same. ALTA Development Rights Policy (6-~.7-06) LandAmerica Commonwealth File No: RH07300691 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLZCY) ATTACHED TO AND MADE A PART OF POLICY NO. 07300691 ZSSUED BY COI~IMONWEALTH LAND TITLE INSURANCE COMPANY 1. Covered Risk Number 2(c) is deleted. The following is added as a Covered Risk: "11. 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." Exclusion Number 5 is deleted, and the following is substituted: Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. 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. Dated: September 19, 2007 Countersigned: Authorized Officer or Agent Commonwealth Land Title Znsurance Company Standard New York Endorsement (5/1/07) For use with ALTA Owner's Policy (6-17-06) CLOSING STATEMENT HALLOCK E. TUTHILL to TOWN OF SOUTHOLD Total Development Rights Easement - 5.2041 acres Total Parcel Acreage - 7.2041 acres Reserved Area - 2.0 acres Premises: 4805 Alvah's Lane, Cutchogue SCTM #1000-101-2-plo 22 Closing took place on Wednesday, September 19, 2007 at 2:00 p.m., Southold Town Hall Annex Purchase Price of $ 374,695.20 (based upon 5.2041 buildable acres $72,0001buildable acre) disbursed as follows: Payable to Hallock E. Tuthill Check #92714 (9119/07) $ 374,695.20 Expenses of Closing: Appraisal Payable to Given Associates LLC Check #89376 ('1/~6/07) $ 2,300.00 Survey Payable to John C. Ehlers Land Surveyor Check #91715 (7/3/07) $ 1,850.00 Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC Check #92110 (7/31/07) $ 1,300.00 Title Report Payable to Land America Commonwealth Check #92713 (9/19/07) Title insurance policy $ 1,678.00 Recording easement & $ 320.00 Certified easement $ 1,998.00 Title Closer Attendance Fee Payable to Patricia Fallon Check #92712 (9/19/07) $ 100.00 Those present at Closing: John P. Sepenoski Lisa Clare Kombrink, Esq. Hallock E. Tuthill Clara Tuthiil Abigail A. Wickham, Esq. Patricia Falion Melissa Spiro Melanie Doroski Southold Town Deputy Supervisor Attorney for Town of Southold Seller Seller's wife Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst T()¥¥'N OF SOUTHOLD 53095 'vlAIN ROAD SOUTHOLD NEWYORK 11971-0959 CLOSING 9/19 092714 NO. · ;'~?'i4~Aym HALLOCK E TUTHILL . .ORog~ RR2 4508 ALVAH'S LANE ~:-~ CUTCHOGUE NY 11935 ,"09 27 ~-~I1' ~:02~h0Sh~h~: ~ OOOOOh Dele VENDOR 020786 HALLOCK E. TUTHJIJ~ FL~-ID & ACCOU~IT P.O. # H2 .8886.2.000.000 09./19./2007 cu~w q7714 ........ DESCRIPTION ~'~uu~* 091907 DEV RIGHTS-5.204 374,695.20 TOTAL 374,695.20 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 ASSOCIATES 548 Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Date Invoice # 12/28/2006 196 Bill To I Town of Southold P.O. Box 1179 Southold NY 11971 Please make check payable to: GIVEN ASSOCIATES, LLC. I I Description Appraisal of Real Property of Hallock E. Tuthill Located Westerly Side of Alvah's Lane Cutchogue, NY S.C.T.M. #1000-101-2-22 (p/o) File No. ~ Terms 2006330 Due upon Receipt Amount 2,300.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 007416 GIVEN ASSOCIATES LL Y=Select JE Date Trx. Date Fund Account ......................... Use 2/28/2006 2/28/2006 H3 .600 3/28/2006 3/28/2006 H3 .600 5/09/2006 5/09/2006 H3 .600 7/11/2006 7/11/2006 A .600 7/25/2006 7/25/2006 H3 .600 8/08/2006 8/08/2006 H3 .600 9/05/2006 9/05/2006 H3 .600 10/17/2006 10/17/2006 H3 .600 11/08/2006 11/08/2006 H3 .600 11/08/2006 11/08/2006 H3 .600 12/05/2006 12/05/2006 H3 .600 1/16/2007 1/16/2007 H3 .600 1/16/2007 1/16/2007 H3 .600 1/16/2007 1/16/2007 H3 .600 Acti 1/30/2007 1/30/2007 H3 .600 ......................... Use Acti F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-01162007-975 Line: 116 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 1/16/2007 SDT 1/12/07 : : Trx Amount... 2,300.00 : : Description.. APPRAISAL-TUTHILL PROPTY : : Vendor Code.. 007416 : : Vendor Name.. GIVEN ASSOCIATES LLC : : Alt Vnd.. : : CHECK ........ 89376 SCNB : : Invoice Code. 196 : : VOUCHER ...... : : P.O. Code .... : : Project Code. : : Final Payment P Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. ¥ : : Date Released 1/16/2007 : : Date Cleared. 1/31/2007 : : F3=Exit F12=Cancel : : : JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice 6/19/2007 2006573 Bill To Town of Southold Dept. of Land Preservation Town Hall Annex Southold, NY 11971 Your Client Arrieta/Peconic Land Trust Date of Service 6/19/2007 Description Current survey of property currently owned by Hallock E. Tuthill, Alvah's Lane Cutchogue for transfer of approx. 5 acres development dghts sale to the Town. I SCTM# J My Job # I 1000-101-2~22 Amount 1,850.00 GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 005322 EHLERS/JOHN C. Y=Select - JE Date Trx. Date Fund Account ......................... Use Acti ,, 12/19/2006 12/19/2006 H3 .600 , , 3/13/2007 3/13/2007 H3 .600 5/08/2007 5/08/2007 H2 .600 iYi 7/03/2007 7/03/2007 H2 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-07032007-549 Line: 75 Fozmula: 0 : : Account.. H2 .600 : : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 7/03/2007 SDT 7/02/07 : Trx Amount... 1,850.00 : Description.. SURVEY-TUTHILL PROPERTY : Vendor Code.. 005322 : Vendor Name.. EHLERS/JOHN C. : Alt Vnd.. : CHECK ........ 91715 SCNB : Invoice Code. 2006573 : VOUCHER ...... : P.O. Code .... 16913 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 Addl. : Fixed Asset.. Y : Date Released 7/03/2007 : Date Cleared. 7/31/2007 : F3=Exit F12=Cancel : : Nelson, Pope & Voorhis, LLC ?2. Walt Whi/fJff~an Road Phone: 631-427-5665 Vlel,~ille NY/fl747 Fax: 631-427-5620 Invoice Proper/3: 07124 Project: VA02380 4508 Alvah's Lane, Cutchogue Manager: McGinn, Steven To: Town of Southold Devt of Land Preserv Toxvn Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melanie Doroski invoice #: 5050 Invoice Date: July 13, 2007 MAKE CHECKS PAYABLE TO NELSON POPE a VOORItlS Invoice Atnount $1,300. O0 Contract Item #h Prepare Phase I Environmental Site Assessment Work Performed thru 6/29/07 Contract Amount: $1,300.00 Percent Cmnplete: 100.00% Fee Earned: $1,300.00 Prior Fee Billings: $0.00 Current Fee Total: $1,300.00 *** Total Project Invoice Amount $1,300. O0 GL108S 20 TOWN OF SOUTHOLD View I ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select - JE Date Trx. Date Fund Account ZY. ......................... Use Acti 7/17/2007 7/17/2007 7/17/2007 7/31/2007 7/31/2007 7/31/2007 7/31/2007 7/17/2007 B .600 7/17/2007 B .600 7/17/2007 B .600 7/31/2007 H2 .600 7/31/2007 H2 .600 7/31/2007 H2 .600 7/31/2007 H2 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-07312007-770 Line: 212 Formula: 0 : : Account.. H2 .600 : : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 7/31/2007 SDT 7/27/07 : Trx Amount... 1,300.00 : Description.. TUTHILL-PHASE i ESA : Vendor Code.. 014161 : Vendor Name.. NELSON, POPE & VOORHIS, : Alt Vnd.. : CHECK ........ 92110 SCNB : Invoice Code. 5050 : VOUCHER ...... : P.O. Code .... 16914 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 Addl. : Fiked Asset.. Y : Date Released 7/31/2007 : Date Cleared. : F3=Exit F12=Cancel : : COMMONWEALTH LAND TITLE INSURANCE COMPANY 185 Old Country Road, P. O. BOX 419, Riverhead~ New York 11901 631-727.7760 fax 631-727-7818 FAIR IVL4a~KET VALUE RIDER (OPTIONAL) PREMIUM MORTGAGE INSURANCE COVERAGE PREMIUM ENDORSEMENTS: Environmental Residential NEW YORK STATE T1L~NSFE1UMANSION TAX MORTGAGE TAX (Mortgagee) MORTGAGE TAX (Mortgagor) COMMUNITy PRESERVATION FUND SURVEY INSPECTION DEPARTMENTAL SEARCIIES STREE'r REPORT ESCROW DEPOSIT ESCROW DEPOSIT FEE BANKRUPTCY SEARCIt RECORDING FEES: ( ) SATISFACTION(S) ( ) MORTGAGE(S) -~' ( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S) ( ) MORTGAGE AFFIDAVIT(S)_ ( ) ASSIGNMENT(S) CLOSER CttARGES, IF ANY: PICK-UP FEE OTHER: PATRICIA L, FALLON TITLE CLOSER TOWN OF SOUTHOLD 53095 MA~N ROAD $OUT~OLD ~[E~ORK'11971-0959 :r :. ~ {JATE CHECKNO. CLOSING 9/19 092713 NO, $1,998.00, ~ OOO001, 0,' VENDOR F~[D & ACCO~JT H2 .8686.2.000.000 16916 H2 .8686.2.000.000 16916 003350 L~kNDAMERICA*COMMONWEA?,TH RH07300691 RH07300691 TITLE INS-TUTHILL 1,678.00 CERT DEE-REC PEE-TUTH 320.00 TOTAL 1,998.00 TOWN OF SOUTHOLD . SOUTHOLD, NY 11971-0959 TOWN OF SOUTHOLD 53095 MAIN ROAD NEW YORK 11971-0959 . o57;:t5/ oo7 CLOSING 9~/t9 092712 CHECk NO .... ' AMOUNT 92~12 $100-~'00' ,' ~VENDOR 006013 PATRTCIA RAT,T,QN H2 .8686.2.000.000 n~,/q q/?nn7 RH07300691 CHECK 92712 DESCRiPTiON ~,[ObqqY TITLE CLOSER-TUTHILL 100.00 TOTAL 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: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffotk County Division of Real Estate Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy Melissa Spiro, Land Preservation Coordinator September 19, 2007 Re: HALLOCK E. TUTHILL to TOWN OF SOUTHOLD plo SCTM #1000-101-2-22 Development Rights Easement- 5,2041 acres Please be advised that the Town has acquired a development rights easement on the property listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: SCTM #: PROPERTY OWNER: PURCHASE DATE: PURCHASE PRICE: TOTAL PARCEL ACREAGE: EASEMENT ACREAGE: RESERVED AREA: ZONING: FUNDING: 4508 Alvah's Lane, Cutchogue part of 1000-101-2-22 Hallock E. Tuthill Wednesday, September 19, 2007 $374,695.20 (based on 5.2041 acres $72,000/buildable acre) 7.2041 acres 5.2041 acres 2.0 acres A-C CPF 2% Land Bank ~URVEY OF PROPERTY ........... $1'HJATE: CUTCIiOOU~ TO~VN: $OUTHOLD $'UI~aOLK COUNTY, ~ YORK