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Home My WebLink AboutTuthill, Hallock EC C 1000-101-2-22.2 Premises: (f/k/a 1000-101-2-p/o 22) Baseline Documentation 4805 Alvah's Lane Cutchogue, New York 5.2041 acres Development Rights Easement HALLOCK E. TUTHILL to TOWN OF SOUTHOLD Deed dated September 19, 2007 Recorded September 24, 2007 Suffolk County Clerk - Liber D00012523, Page 406 SCTM #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage Development Rights: Reserved Area: Zoned: Existing Improvements 1000-101-2-22.2 (f/k/a 1000-101-2-p/o 22) 4805 Alvah's Lane Cutchogue $3749695.20 (5.2041 buildable acres @ $72,000/acre) Community Preservation Funds (2% land bank) Yes 7.2041 acres 5.2041 easement acres 2.0 acres A -C In July 2007 Easement area is a plowed farm field. LIRR switch boxes and platform are located in northerly corner of easement area. DESCRIPTION LAND The subject consists of a parcel of land having a total area of 5.00± acres. It should be noted that the subject is part of a larger parcel of land containing 7.10± acres. We have been instructed to exclude 2.10± acres at the property's southeasterly border containing the subject's improvements, however, we have not been provided a survey showing this area (we have been provided a concept plan showing its general location). The following description describes the entire property of which the subject is a portion: It is generally rectangular shaped with 478±' of frontage on the westerly side of Alvah's Lane. It has a northerly line of 648±' along the tracks of the Long Island Railroad, an easterly lot line of 478±', a southerly line of 677±', and a westerly line of 470±'. The subject portion will have more of a flag shape, but will retain a usable overall shape. It is presumed to retain sufficient road access to allow development to its maximum yield. The subject property has an overall generally level topography and is mostly cleared and in use as farmland. Utilities (Electric and telephone) are available along Alvah's Lane. Alvah's Lane is a two way, two lane, publicly maintained macadam paved roadway. r -GIVEN DESCRIPTION LAND (CONTINUED) Land use surrounding the subject is primarily vacant and improved residential properties with commercial use located primarily to the north along CR 48.. The above dimensions have all been approximated from the Suffolk County tax map. In the addenda to this report, we have included a copy of the Suffolk County Tax Map which shows the entire property of which the subject of this appraisal is a portion of. The property is appraised as vacant land. PRESENT USE AND OCCUPANCY The subject is presently in use as farmland and is essentially vacant. rGIVEN 9-3 C C P R O P E R T Y I 1 p 1 1 t' SUBJECT PHOTOGRAPHS View of Subject - Facing Westerly View of Subject - Facing Southerly FGIVEN 67 assoclarfc SUBJECT PHOTOGRAPHS Facing Southerly Along Alvah's Lane Facing Northerly Along Alvah's Lane F -GIVEN 68 as s o c IA r Ls b SEE SEC. W.095 LINE MATCH_ _ _ _, __ INE 'Y ryrP •9? by '" b ti 8 M1 ryr ryb 4ryyP f > 4r 1! BP •�brP hr 9�� ;d e � 1 pV ry. lM 1A b � 11c1 b 2FRAYN 9 s " 7EYPtf ,4 ,N l.9Alt1 .p cxwtx •y � � C"TY h 10 �l SUFFOLK 1.IA1<1 d \ tl URL, 6• 0 `pA rt0• yb' ryo> / O Q' P5 FOR PARCEL NO. SEE SEC. 4 0. 10A-01-007 Z \/ 8� I e i SEE SEC.NO. - 10.6 109-01-011 2.6A [gNIY OG SUGFOLIt FOP PARCEL N0. SEE SEC. N0. SEE SEC. N0, 109-01-011 t% IIn1I ti�yP 1 Y GOP PARCEL NO. SEE SEC. NO. -� — IN 102-01-002.1 ry i Y WE c J Ij p` I $99 FOR SEE C.L . . E 01-00 mE-9rom.a ly u •O G� I�1 y 50.2A(.) C"TY K SUFFOLK fiWUEUI PiCNi S� " hyo B 24.6 1644 b \ [OIINIY OF SUFFOLK tivOU EvlLwlk xi ucxlsi 4 � ryybP`\ ry' / Tax Map Location 69 FOR PARCEL W. I e i SEE SEC.NO. - 109-01-011 FOR PARCEL NO, FOP PARCEL N0. SEE SEC. N0. SEE SEC. N0, 109-01-011 109-01-010.1 Tax Map Location 69 I A E G N v I R O N M E R C Y Phase I Environmental Site Assessment 4508 Alvah's Lane 1_0 SUMMARY i The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target Protocol) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The overall property is comprised of 7.1 acres of agricultural land and associated buildings. This report addresses 5 acres presently in use as farmland. The subject property is located at 4508 Alvah's Lane, which is approximately 800 feet southeast of Middle Road. The irregularly shaped property has approximately 160 feet of frontage along Alvah's Lane. The property is more particularly described as Suffolk County Tax Map # 1000-101-02-22. The subject property is utilized as farmland. The property has some topographical relief, which slopes downward towards the center of the property. No irrigation wells or fuel storage tanks were observed on the subject property. No Sanborn map coverage was available for the subject property or surrounding areas. Aerial photographs from 1938, 1954, 1969, 1976, 1980, 1994, 1999, 2001 and 2004 were reviewed in order to determine if any prior uses occupied the subject property. The aerial photographs identify the subject property as farmland. Inspection of the site found no evidence of staining, residue, release, odors or stressed vegetation. An extensive government records search found no potential sources of environmental degradation on the subject property. No Federal, and County documented regulated sites were noted in the vicinity of the subject property, but two (2) state regulated sites were located within one (1) mile of the subject site. Two (2) closed spills located within a quarter (0.25) mile of the subject property is not expected to impact the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. k* VIII NELSON. POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING = m "on M so W M M� aim m M M M m M C " View of field looking northwest View of field looking southeast View of field looking southwest it FIGURE 1 LOCATIONY MAP aQO b, ' t W i �9 S� t pSl pf ' Ile Tm a �!t • �fiGi 7 2 �y ,0 r 4.14 tl�• IX^�Y' \I �1'11 SITE�45 a �Q�Wp B, tang rsNro 4 WA4?D 4508 Alvah's Lane, Cutchogue Phase 1 FSA N40,1 0 4 ^�f 4aP,� 4 �lN 0 Z > 3 �� ♦4:U1(IlOrtllH 0 s 3g �_ K WOOD WAY N GIEa WAY now SuaNl1 POW of � P19S`K`' � " $ NEW SLKR0.aAt( �il�. }s4 a 1[ ��pVE p u"0nR'aMao �i� $ t OW6EkM lf+ $ '� P040 L a� Source: DeLorme Street Atlas Scale: Not to Scale NOR M M �E' 6IIV P•3 -E 6 V —s , . FIGURE 2 AERIAL PHOTOGRAPH 4508 Ahah's Lane, (C utchuguc Phase 1 ES:-. Source: NYSGIS Orthoimagery Program, 2004 Scale: V = 200' NORTH IW L FIGURE 3 LAND USE MAP 4508 :Utah's Lane. Cutchogue Phase 1 ESA dA 1p l ? Source: NYSGIS Orthoimagery Pmgmm, 2004 Scale: V— 800' "'�` I FIGURE 4 ZONING MAP 1p i I i h. T Source: Town of Southold Zoning Map Scale: I" = 1,000' C 45118 Usah's Lane, (Cutchugue Phase I FSA Zone AC R 40 R -BO R-12 R-2 — Z R4 HD AHD RR _-_ RO HE LB B MI Mil 110 LI Description Agricultural Conservation Residential Low Density AA Residential Low Density A 0 Residential Low Density B 00 Residential Low Density C 00 Residential Low Density D Hamlet Density Residential Affordable Housing District Reson/Residential Residential/Otfice Hamlet Busmess Limited Business General Business b,aa, .e 1 Marine II Light IndustnalJOtfice Park Light Industrial NORTH 45118 %IN ah'% Lane, ( utchoguc � 1'hacc I Fti:� FIGURE 5 SOILS MAP I a' yde �dG 9-6P ya Q\0 \ PIA HaA a� ao a� - mC3 HaB RdA N, R (l A a A� H a B C C RdB t ye HaA RdB �y yds R HaB HaA HaA ti HaA o9 RdB RdB HaB QaP RdB a� HaA n RdC ` J RdA .. Source: Suffolk County Soil Suncy \ OR tt Scale: I" -- 800' AI 4508 Alvah's Lane, futchogue .� Phase 1 ESA FIGURE 6 TOPOGRAPHIC MAP 40 t j r \ 4J Source: USGS Topograpohic Quadrangle, Mattituck, Mattituck Hills, Southampton & Southold Scale: 1" = 800' NORTH 4508 Ahah's Lane, Culchoguc Phase 1 ESA FIGURE 7 WATER TABLE CONTOUR MAP f 3 580 e.1r 8.41' y L Sill _ — Approximate HOG / SEC 6700 Site L ation . BAY NOI1 LITTLE B. PECONIC AS533�6t , x 4- ti� BAY a 5460 3370 „ � �t6 44 1 16 98 56 13846 fi INN S51581 —,1 127.48 /Q 0705 GREAT 03885 r — i PECONIC 1 �, Q� s� L BAY 1 `n 58831 t,4DF.RS 4 BAP t l ro� S46530 —� 8310 1,S46531 S0366 4 790 lO`, 54636 5 Q78835 546533 3940f 6950 0602 51 Source: USGS Water Resources Investigation report, 2001 1 Scale: I" = 8,000' NORTH I�P� ! IL FIGURE 8 V0j Ir�5. 0 (a M ! p r � Source: SCWA Distribution Map, 2005 Scale: Not to Scale ! K. .I WATER MAIN MAP 4508 Alvah's Lane, Cutchogue Phase 1 ESA CUTCH06UE NORTH FIGURE 9 FRESHWATER WETLANDS MAP 0 • • MH -4 Source: NYSDEC Freshwater Wetlande Map Scale: I" = 1,000' 4508 Alvah'% Lane. ( utchogue Phase 1 FS\ o MH -5 : wem FIGURE 10 FLOOD MAP 1 1 ip 1 4508 Alvah's Lane, CutchoRue Phase 1 ESA Town of Southold 360813 ZONE X % ZONE X Source: FEMA Flood Zone Maps, Panel 144 & 163 Scale: I" = 600' NORTH ^H 9O'I NF 6 vaCs4.5 :. R 9 8 Alvah' ' Lane I N r E 1 0 118 114 12 1 Distance in Miles \ Toxics Targeting 1 Mile Radius Map 4508 Alvah's Lane Cutchogue,NY 11935 1 —e 4' site ° - Location County Border ® 1 Mile Radius 1/4 Mile Radius Suffolk County National Priority Railroad �IzList (NPL) --• 1/2 Mile Inactive Hazardous Waste ® Disposal Registry Site N Inact. Haz Waste Disp. Registry Ouali(ying 1/8 Mile RCRA Corrective Action Facility site ° - Location County Border ® 1 Mile Radius 1/4 Mile Radius N/aterl,ody -r.-, Railroad Tracks --• 1/2 Mile Radius — — 1/8 Mile Radius Toxics Targeting 1/2 Mile Radius Map 4508 Alvah's Lane Cutchogue, NY 11935 1/2 0 1/16 tl6 1/4 112 Distance in Miles CERCUS Snpednod N.,NFRAP S,te 0 Dc-0s[ed IJPI- T Sita CERt,1 IS 5uperim vJ NFRAPSIa Site Hazardous Waste Treater, LUCa11Ull JJJJ Storer, Disposer Railroad Bordor Hazardaus Substance Waste Disposal Site Scltrl Wa1(1 Factlny -- - 12 Miie Radius Erownfields 1/4Mile — 1/8n4Ge Site .Radius Hazardous Material Spill A� MTBE Gasoline _.. Additive Spill Site LUCa11Ull L_ ✓Jill El t;i, I'r -- e County Railroad Bordor -I rdcns �® i Milo -- - 12 Miie Radius .'."dtus 1/4Mile — 1/8n4Ge Radius .Radius Distance in Miles Toxics Targeting 1/4 Mile Radius Map 4508 Alvah's Lane Cutchogue, NY 11935 N s Suffolk County Major OilO Storage Facility 1--; Enforcement Waterbody F-1 Docket Facility Chemical Storage 0 Railroad Air Facility Release Toxic /\ Release 1/4 Mile — — Wastewater + Petroleum Bulk Discharge Radius Storage Facility Hazardous Waste ® Generator, Transp, L a Site Location Waterbody — — County Railroad Border Tracks — _ 1/4 Mile — — V8 Mile Radius Radius ma 4508 Alvah's Lane m dm e �ri O O m O m �s I 1/4 0 1/8 114 Distance in Miles Toxics Targeting 114 Mile Closeup Map 4508 Alvah's Lane Cutchogue, NY 11935 Suffolk County site [_0 ] Location County Border _ = 1/4 Mile Radius ' 1 Mile Search Radius 1/4 Mile Search Radius Walerbody ��..�... Railroad Tracks 118 Mlle Radius " 112 Mile Search Radius National PriorityO Delisted NPL Site " List (NPL) ' CERCI IS Superrund ,�}, `�' CERCLIS Superiund Non-NFRAPSite NFRAP Site ® Inactive Hazardous Waste Disposal Registry Site N Inact. Haz Waste Disp. Rcg, to Oual' vfjmg ' p� Hazardous Waste Treater, ❑ RCRA Corrective II, LLQ Storer, Disposer Action Facility ' GHazardous Substance Waste Solid Waste " Disposal Site Facility O Major Oil '" O Brownfields " Storage Facility Site Chemical Storage "' Hazardous Q Facility Material Spill ToxicMTBE Release "` «� Gasoline AddC e Spill VWastewater "` + Petr .1e11.11 Bulk Discharge Scrag, Facility Enforcement Docket Facility "` Hazardous Waste --- Z Generator, Transp. Air Release site [_0 ] Location County Border _ = 1/4 Mile Radius ' 1 Mile Search Radius 1/4 Mile Search Radius Walerbody ��..�... Railroad Tracks 118 Mlle Radius " 112 Mile Search Radius C C C H E A R I W G yirrv4� M RESOLUTION 2007-453 ADOPTED 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 hearine 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 5f acres (subject to survey) of the 7.1f 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 5f 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 Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 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 5t acres (subject to survey) of the 7.1t 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 5t 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 SOUTHOLD TOWN BOARD PUBLIC HEARING May 22, 2007 4:50 PM This hearing was opened at 5:16 PM COUNCILMAN WTCKHAM: 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 5f acres (subject to survey) of the 7.1 t 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 5t 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. Would anybody else like to come up before the Town Board on this public hearing? (No response) Can I get a motion to close the hearing? This hearing was closed at 5:19 PM IGh1f '� uGCfG Eli beth A. Nevoill le Southold Town Clerk C A C S E Q R A R E S O L U T I O N Southold Town Board - Letter Board Meeting of May 22, 2007 *9*P441'V1 RESOLUTION 2007-500 Item # 36 ADOPTED 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 rights 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 # 1000-101-2-22. 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 5t acres (subject to survey) of the 7.1t acre parcel. The exact area of the development rights 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 - Letter Board 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 SEORA Rules and Regulations for this action. 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 �7 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2 1. APPLICANT/SPONSOR: Southold Town Board 2. PROJECTNAME: i 3. PROJECT LOCATION: Municipality. C_ ,-4.r \( County 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc, or provide map) 4 *Cc=t'Yt*'(000_ lot -2-2� •So9 Ak%) Ws L.4rtfI CWtr�%Oro UIc ' A?VWx. *kV %cake4,Off ky worn in'twseCA Ion CR 4g ► A1Y4.%s L ane , S. IS PROPOSED ACTION: New n Expansion r7 Modification 6. DESCRIBE PROJECT BRIEF Y:n iou�11 Pvfc(lase O� �Xeve(dppmt rlshts ec,semeivk- oY.3t4cr,s of %-- acre 4f7rr\ 7. AMOUNT OF LAND AFFECTED: INITALLY�_ acres ULTIMATELY .f acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 5,41 T7 Yes T7 No if No, desaibe brie/7y 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential F Commercial r- Industrial X Agriculture F Oescdbe: Park/forest/Open space F Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes r No if yes, list agency (s) and pet nidapprovals 0 4DaXOVc'Q 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r- r Yes- No if yes, /ist agenry(s)and permi(/approva/s 12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? F Yes Nv No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor Ndme'IM54_5,es- - ��g,ait�re_ S,_ Pate, 6 ro O7 If the action is in the Coastal Area, and you ate a stat proceeding with this assessment e agency, complete the Coastal Assessment Form before PART II -ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 ..4� Yes No If yes coordinate the review process and use the full F4F 8. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 ❑ Yes` No If no, anegative declaration may be suspended by another Involved agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or dispc)s31, potential for erosion, drainage or flooding problem? Explain briefly: 0 C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? Explgjrrrbriefly: O C3. etation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: Veg 0 C4. A community's existing plans or goals as officially adopted, or change In use or Intensity of use of land or other natural resources? Explapriefly: 0 CS. Gro h, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: O C6.1 - term, short term, cumulative, or other effects not identified in CI -057 Explain briefly: V C7. Other impacts (including changes in use of either quantity of type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACIERICS THAT CAUSE CEA? D THE ESTABLISHMENT OF A r Yes No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No RT III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); probability of occurring; (c) duration; Or irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed If question D of part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Ther proceed directly to the FULL ENVIRONMETNAL ASSESSMENT FORM and/or prepare a positive declaration. r 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 necessary, the reasons supporting thi etermination:,,�• Name of L, V _ Print of type Nam Responsibl fficer in Le Agency Signature of Responsible Officer in Lead Agency from of respanslble officer) C C A P U R C H A S E R E S O L U T I O N Southold Town Board - Letter Board Meeting of May 22, 2007 WHO RESOLUTION 2007-501 Item # 37 Q®°°� ADOPTED 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 5f acres (subject to survey) of the 7.1t 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 - Letter Board 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 i 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 5t acres (subject to survey) of the 7.1t 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. 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 the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Generated May 24, 2007 Page 59 Southold Town Board - Letter 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. { . 0vo0r+ 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 C A S T A T E M E N T 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-p/o 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 @ $72,000/buildable acre) disbursed as follows: Payable to Hallock E. Tuthill Check #92714 (9/19/07) $ 374,695.20 Expenses of Closing: Appraisal Payable to Given Associates LLC $ 2,300.00 Check #89376 (1/16/07) Survey Payable to John C. Ehlers Land Surveyor $ 1,850.00 Check #91715 (7/3/07) Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC $ 1,300.00 Check #92110 (7/31/07) Title Report Payable to Land America Commonwealth $ 1,998.00 Check #92713 (9/19/07) Title insurance policy $ 1,678.00 Recording easement & $ 320.00 Certified easement Title Closer Attendance Fee Payable to Patricia Fallon $ 100.00 Check #92712 (9/19/07) Those present at Closing: John P. Sepenoski Lisa Clare Kombrink, Hallock E. Tuthill Clara Tuthill Southold Town Deputy Supervisor Esq. Attorney for Town of Southold Seller Abigail A. Wickham, Esq. Patricia Fallon Melissa Spiro Melanie Doroski Seller's wife Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst TOWN OF SOUTHOLD ' 53095 MAIN ROADjs SOUTHOLD, NEW YORK 11971-0959 CL 1 'I'j Pte` �.�fy3 S 14, } z {}> DATE .-0GK dlti 4 r 4 .`A4di int44 . s,c THREE HUNDRED SEVENTY FOUR THOUSAND SIX HUNDR' EpTZN�T<`,jt _ F PATO HALLOCK_E. TUTHILL ORDER RR2 4508 ALVAH'S LANE ? OF CUTCHOGUE NY 11935 112092714112 i:021405464i: 63 000004 Olin ... H2 .8686.2.000.000 091907 DEV RIGHTS -5.204 TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959 TOTAL 374,695.20 374,695.20 RGIVEN A S S 0 0 1 A T E S 648 Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To Town of Southold P.O. Box 1179 Southold NY 11971 Invoice Date I Invoice # 12/28/2006 196 Please make check payable to: GIVEN ASSOCIATES, LLC. File NO. Terms 2006330 Due upon Receipt Description Amount Appraisal of Real Property of Hallock E. Tuthill Located 2,300.00 Westerly Side of Alvah's Lane Cutchogue, NY S.C.T.M. #1000-101-2-22 (p/o) GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 007416 GIVEN ASSOCIATES LL Y=Select JE Date Trx.Date Fund Account ---------------------- --- Use Acti 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 Y, 1/16/2007 1/16/2007 H3 .600 1/16/2007 1/16/2007 H3 .600 1/16/2007 1/16/2007 H3 .600 1/30/2007 1/30/2007 H3 .600 ------------------ Use Acti F''=Shift Up F3=Exit F10=Prev View sect 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.. Y : 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 ME Town of Southold Dept. of Land Preservation Town Hall Annex Southold, NY 11971 Your Client Invoice Date Invoice # 6/19/2007 2006573 Arrieta/Peconic Land Trust SCTM# 1000-101-2-22 My Job # Date of Service I Description Amount 6/19/2007 I Current survey of property currently owned by Hallock E. Tuthill, Alvah's Lane Cutchogue for transfer of approx. 5 acres development rights sale to the Town. GL108S 20 TOWN OF SOUTHOLD View 1 ** 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 Y, 7/03/2007 7/03/2007 H2 .600 -------------------------------- E F2=Shift Up F3 -Exit F10=Prev View .ect Record(s) or Use Action Code 1,850.00 Disburs Inquiry by Vendor Name .............. Detail--GL100N.............. : W-07032007-599 Line: 75 Formula: 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 572 Walt 7hilan Road Phone: 631-427-5665 Melville N47 Fax: 631-427-5620 Invoice To: Town of Southold Dent of Land Presery Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melanie Doroski Property: 07124 Project: VA02380 4508 Alvah's Lane, Cutchogue Manager: McGinn, Steven W01 Invoice # Invoice Date: 5050 July 13, 2007 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $19300.00 Contract Item #I: Prepare Phase I Environmental Site Assessment Work Performed thru 6/29/07 *** Total Project Invoice Amount GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select - JE Date 7/17/2007 7/17/2007 7/17/2007 7/31/2007 7/31/2007 7/31/2007 Y, 7/31/2007 Trx.Date Fund Account 7/17/2007 7/17/2007 7/17/2007 7/31/2007 7/31/2007 7/31/2007 7/31/2007 --- Use Acti B .600 B .600 B .600 H2 .600 H2 .600 H2 .600 H2 .600 ------------------ E F2=Shift Up F3 -Exit F10=Prey View Select Record(s) or Use Action Code Contract Amount: $1,300.00 Percent Complete: 100.00% Fee Earned: $1,300.00 Prior Fee Billings: $0.00 Current Fee Total: $1,300.00 $19300.00 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 1 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. : Fi-xed Asset.. Y : Date Released 7/31/2007 : Date Cleared. : F3=Exit F12=Cancel COMMONWEALTH LAND TITLE INSURANCE COMPANY 18S Old Country Road, P. O. Box 419, Riverhead, New York 11901 �j - 631-727-7760 fax 631-727-7818 TRIeNo. /�HD%30b(,9 Date C?/I9 fil7 FEE INSURANCE COVERAGE_d /r'7j 611 e e40 PREMIUM FAIR MARKET VALUE RIDER _(OPTIONAL) PREMIUM MORTGAGE INSURANCE COVERAGE PREMIUM ENDORSEMENTS: Environmental Waiver of Arbitration Residential Adjmtable Rate Rider NEW YORK STATE TRANSFER/MANSION TAX MORTGAGE TAX (Mortgagee)_ MORTGAGE TAX (Mortgagor) COMMUNITY PRESERVATION FUND SURVEY INSPECTION DEPARTMENTALSEARCHES STREET REPORT ESCROW DEPOSIT ESCROW DEPOSIT FEE BANKRUPTCY SEARCH RECORDING FEES: (()> �e 13- .1 3 `Ci,O ( ) SATISFACTION(S) r ( ) MORTGAGE(S) ( ) CONSOLIDATION, EXTENSION .& MODIFICATION AGREEMENT(S) ( ) MORTGAGE AFFIDAVIT(S) ( ) ASSIGNMENT(S) TOTAL, CHARGES q q ,? 07 CLOSER CHARGES, IF ANY: PICK-UP TITLE CLOSER TOWN OF SOUTHOLD ' ti i13 I�J trt 14r kai t 8 t t X645 M'AlWA73AD Si�l9THOLDfJEWY0RK 11971-0959 CLOS NG 9/19 092119 .` W �t{ t}} !) }g} m }tl #1 7 NO. ��i(l��,ipi��a ��` t`��1Ep �r �isS 3 �nEsolFUxocur�i�i�anQ�F1�1S �i' 'cUuMgmUeE 3"my ik r S jj( �i �i k�l 1 1gi r Fi° 6 a PATE ; C�IEGKNO � "ANIOyN7 05/1912,007 92713 's�t��r1 ARD NNTx EIGHT AND, 00/100 • DOLf ARS 1 hjx^ tog _: fr y,.,tl a'ptQ14 GACONWI�TH QF, F'IiP�PA ITSCI19Q1 11409271311' i:02140S46w: 63 000004 Oil' VENDOR —Fi3 B &M AGGGi_R4T£ }i9RdY6!2£ H£^SPR r63 @v1r— H2 .8686.2.000.000 H2 .8686.2.000.000 16916 RH07300691 16916 RH07300691 TITLE INS—TUTHILL 1,678.00 CERT DEE—REC FEE—TUTH 320.00 TOWN OFSOUTHOLD • SOUTHOLD, IVY 11971-0959 TOTAL z TOWN OF SOCi'1'HOLD " rs *bSWAiNSpE5AY3 { S S►{ } Sti `9x„ k as' ' ,'a SOUFHOU NM YORK 11s�1 fPATE NO'," S pS4i �Ek ISPa� w ltd a,:oAK NOT Tqf U'N8".'1196${ 1V t Pt-"' ,ti 4 A X55 1"092712"8 1:0204054641: 63 000004 Oils VENDOR H2 .8686.2.000.000 RH07300691 TITLE CLOSER—TUTHILL TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959 TOTAL 100.00 c E LC E G A S E M E N T C SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Recorded: 09/24/2007 Number of Pages: 16 At: 08:59:59 AM Receipt Number : 07-0089107 TRANSFER TAX NUMBER: 07-05655 LIBER: D00012523 PAGE: 406 District: Section: Block: Lot: 1000 101.00 02.00 022.002 EXAMINED AND CHARGED AS FOLLOWS :ed Amount: $0.00 Received the Following Fees For Above Instrument Judith A. Pascale County Clerk, Suffolk County i III"� 1i OCT 3 1 2001 DEPT OF LAND PRESERVRTON Exempt Exempt Page/Filing $48.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP -584 $5.00 NO Notation $0.00 NO Cert.Copies $10.40 NO RPT $30.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $118.40 TRANSFER TAX NUMBER: 07-05655 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County i III"� 1i OCT 3 1 2001 DEPT OF LAND PRESERVRTON •3y- r.:Fl:!)RGFr. Number of pages 0 - -' SKI 24 9:_,5-,7y p(n TORRENS 'odith n. Pas- �=L=Rk Serial # L PLY -01252. SiJFF'7Lf:: OUhiTY Certificate #IT# 555 Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page / Filing Fee Mortgage Amt. 1. Basic Tax Handling 5.00 2. Additional Tax TP -584 Sub Total Spec./Assit. Notation or EA -52 17 (County) Sub Total — Spec. /Add. EA -5217 (State) TOT. MTG. TAX �ce�o�yfy Dual Town Dual County R.P.T.S.A.®� Held for Appointment Comm, of Ed. 5. 00 .;: Transfer Tax Affidavit-" ®, - - > Mansion Tax Certified Cop The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 6 0 y family dwelling only. Sub Total YES or NO Other Grand Total l / If NO, see appropriate tax clause on �ff�, page # of this instrument. �✓ 4 1 Dist.1000 Section 101.00 1 Block 02,00 1 Lot -19- 5 Community Preservation Fund Real Property 07028664 1000 10100 0200 022002~ Consideration Amount $ Tax Service P T S Agency CPF Tac Due $ Verification REPA A 1 -SEP -0 Improved Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD TD Lisa Clare Kombrink. Esq. 235 Ilampton Road TD Southampton, NY 11968 7 1 Title Company Information Co. Name 5141M.0W09L-7W VIN.8 Title# Ra 073Q069 8 Suffolk County Recordin & Endorsement Pa2e This page fors part of the attached G o n I of Ike% I o melnt Rlg hfs Ease m+ made by: �— (SPECIFY T PE OF INST UMENT) -f0t hi I I I I �1 o II o 1� ^ E • The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO I A In the Township of - ou-t ho IJ. 1 ymn O S bJ O In the VILLAGE or HAMLET of Cdfchow 13OXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT is made on the 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 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 #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 NINETY-FIVE 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 HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's 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 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 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. 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 June 11, 2007 last revised July 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 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 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 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 Dumoino 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 Signs 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 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, 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'S RIGHTS 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 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, State, or federal law. 4.04 Landscaoinq 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 Improvements. 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 Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted 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 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, 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 Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the 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, To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. 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. C7[iLl►GTiw- 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 ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment/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 MISCELLANEOUS 7.01 Entire Understandin 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 Governing Law New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and 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 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 12 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: HALLOCK E. TUTHILL, Grantor HALLOCK E. TUTHILL ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHHOOLD, Grantee BY: �i W '�•y�w e�' JOHN P. SEPENOSKI Deputy Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this /9 day of in the year 2007 before me, the undersigned, personally appeared ihACtecx E. 7—gr Ie� personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. &46'1 s �e JJ4 Notary Public PAT91CIA L. FALLON Notary Public, state Of Newyork No. 01FA4950146 Qualified In Suffolk County Commission Expires April 24, ;201/ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this /q day of .fir in the year 2007 before me, the undersigned, personally appeared John 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(ies), and that by his/her/their signatures) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Y"n, au Notary Public PATR�CIA L. FA Notary Public, Stag Off Ne New York No. U1 FAflolk C6 Qualified In StAfnik County Commission Expires April 24, e2C11 / CADocuments and Settings inc My DocumentlYon,'N'InofSnwholdDeeds ofDevelopincotR,,W]uthi11913076rara of Development R,iiEi,. ment chwtges highlighteddoc i3 Pile No: RH07300691 SCHEDULE A - DESCRIPTION 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: 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 2. 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 Mueller, 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 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. Mettes 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. Mettes 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 2. South 47 degrees 07 minutes 10 seconds East, 191.79 feet to the point or place of BEGINNING. ALTA Development Rights Policy (6-17-06) C C LandAmerica T X 171 f If Ltj f ri SCHEDULEA Amount of Insurance: $374,695.20 Policy No.: RH07300691 Date of Policy: September 19, 2007 1. Name of Insured: Town of Southold 2. The estate or interest in the land which is covered by this policy: Development Rights 3. Title to the estate or interest in the land is vested in: File No: RH07300691 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: Y'll:Ef_141 � ,L�ao�� Authorized Officer or Agent ALTA Development Rights Policy (6-17-06) File No: RH07300691 SCHEDULE A - DESCRIPTION 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: 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 2. 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 Mueller, 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 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. Mettes 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. Mettes 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 2. South 47 degrees 07 minutes 10 seconds East, 191.79 feet to the point or place of BEGINNING. ALTA Development Rights Policy (6-17-06) File No: RH07300691 SCHEDULE B EXCEPTIONS 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 (6-17-06) File No, RH07300691 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) ATTACHED TO AND MADE A PART OF POLICY NO. 07300691 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY 1. Covered Risk Number 2(c) is deleted. 2. 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." 3. Exclusion Number 5 is deleted, and the following is substituted: 5. 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: By: Authorized Officer or Agent Standard New York Endorsement (5/1/07) For use with ALTA Owner's Policy (6-17-06) Commonwealth Land Title Insurance Company President Attest: Secretary 5 C LIA 1 J/_11T/4.7 NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of ± (S • Z acres of active farmland and/or acres of non -farmland, situated at p/o Suffolk County Tax Map No. 1000-101-2-22 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor Landowner TOWN OF SOUTHOLD HALLOCK E. TUTHILL By: S£ -r By: HALLOCK E. TUTHILL 53095 Route 25 �oaN �• s6PE.JasK1 RR 2 P.O. Box 1179 DWPu"iy 1-uPE#-,J*60, 4805 Alvah's Lane Southold, NY 11971-0959 Cutchogue, New York 11935 (631)765-1889 STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK On the ) i9 /7 day of 2007, before me personally appeared SA. R4&&€4 -L, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. ),0 - Notary Public STATE OF Ale'kJ YaRK COUNTY OF S1qry'4'Lx ) )SS: PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4960146 Qualified In Suffolk County Commission Expires April 24, •Zd /1 On the � day of SPT, , 2007, before me personally appeared HALLOCK E. TUTHILL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Da L.i�,� -, Notary Public PATRICIA L. FALLON Notary Public, Sta*,3 Of New York No. O1FA4950146 O!aaliiic.d In Suffolk County Commission Expires April 24, CU/) STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 1 Winners Circle Albany, New York 12235 Division of Agricultural Protection and Development Services 518-457-7076 Fax. 518457-2716 November 7, 2007 Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 RE: Waiver - Town of Southold — Suffolk County - Purchase of Development Rights Dear Ms. Spiro: The Department has reviewed documentation submitted by the Town of Southold to waive the Notice of Intent filing requirements in Sections 305(4) (b) and (c) of the Agriculture and Markets Law in connection with the acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by Hallock E. Tuthilli for approximately 5.2 acres of active farmland located at Suffolk County Tax Map No. 1000-101-2-22, Town of Southold. The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of a conservation easement on the referenced parcels by the Town of Southold. Should the project encompass other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. Sincerely, ROBERT SOMERS, Ph.D Manager, Agricultural Protection Unit RS:lad cc: David Behm, Farmland Prot. Unit, NYSDAM Ken Schmitt, Chair, Suffolk County AFPB File: AP07/083-W R E C E WE NOVrn,7 DEPT OF LAND PRFSFRVATION N C Y S D E C R R Y C New York State Department of Environmental Conservation Division of Lands & Forests 3ureau of Real Property, 5`" Floor 625 Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 • FAX: (518) 402-9028 Website: www.dec.state.ny.us November 7, 2007 Melissa Spiro Dept. of Land Preservation Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro: We have received and filed in our office the following conservation easements: CE: Suffolk 479 Grantor: Hallock E. Tuthill Liber: D12523 Page: 406 v Alexander B. Grannis Commissioner The conservation easements cited above have been so identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about these parcels, please use the assigned identifier. Your cooperation in this matter is very much appreciated. p�E WE I, TAR:gm Very truly yours, Timothy A. Reynolds Real Estate Specialist 2 Bureau of Real Property MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 October 31, 2007 SOUjyo� G • AT d ��OOUNV OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD NYSDEC Bureau of Real Property 625 Broadway, 5h Floor Albany, NY 12233-4256 Attention: Tim Reynolds Re: Conservation Easements Registry HALLOCK E. TUTHILL to TOWN OF SOUTHOLD Dear Mr. Reynolds: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Hallock E. Tuthill Town of Southold September 24, 2007 D00012523 406 4805 Alvah's Lane, Cutchogue 5.2041 acres 1000-101.00-02.00-022.002 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, 440 4v"O- Melissa Spiro Land Preservation Coordinator enc. cc: Hallock E. Tuthill — RR #2, 4508 Alvah's Lane, Cutchogue, NY 11935 w/o enc. S T E W A R D S H I P HALLOCK E. TUTHILL to TOWN OF SOUTHOLD Part of SCTM #1000-101-2-22 Location: 4508 Alvah's Lane, Cutchogue Closing held on Wednesday, September 19, 2007 at 2:00 p.m., Land Preservation Department Southold Town Hall Annex (from left to right) John P Sepenoski, Deputy Supervisor Clara Tuthill Hallock E. Tuthill H 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 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Data Processing Land Preservation Committee Town Comptroller Town Attorney Stewardship Manager Planning Board Peconic Land Trust, Inc. Suffolk County Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: September 19, 2007 Re: HALLOCK E. TUTHILL to TOWN OF SOUTHOLD p/o 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 SITUAT& CUTCHOOUS TOWN: SOUTSOLD SUFFOLK COUNTY, NEW YORK N WE S DRIA® I'= 10' JOHN C. EHLERS LAND SURVEYOR w T VA R C E C O R D S C Hallock Elliot Tuthill by The Suffolk Times 1 02/09/2015 1:40 PM I Hallock Elliot Tuthill of Cutchogue died Feb. 9, 2015. He was 98. He was born in Port Leyden, N.Y. July 12, 1916 to Lelia (nee Hallock) and Ernest Case Tuthill and later married the former Clara Louise Cooper. Hallock had been a farmer and caretaker and property manager of area homes. He was also a craftsman who enjoyed caning and wickering. In the community, he was a member, deacon and trustee of Cutchogue Presbyterian Church, a member of Cutchogue-New Suffolk Historical Council and a board member of Cutchogue Cemetery Association. He and his wife "Cotty" were also volunteers with many local civic organizations. A loyal New York Mets fan, he will be remembered as a true patriot. Surviving are his wife, "Cotty" Tuthill and a nephew, John Tuthill. He was predeceased by his son, Cadet William E. Tuthill in 1972 and brothers John Case Tuthill in 2014 and Ernest Quinton Tuthill in 2005. The family received visitors Feb. 12 at DeFriest-Grattan Funeral Home in Mattituck. A funeral service was held Feb. 13, at the funeral home, officiated by Pastor Richie King of Cutchogue Presbyterian Church. Interment took place at Cutchogue Cemetery. ' Hallock Tuthill: Devoted to the fields, family, community & church by Vera Chinese 02/19/2015 t Cutchogue farmer Hallock Tuthill binding wheat in a circa -1940 photograph. (Courtesy photo) In a 1940 photograph, a young farmer by the name of Hallock Tuthill sits atop a tractor under the summer sun, plowing field of wheat on a machine powered by just three massive farm horses. "Sitting on his rig, Hallock Tuthill is such a cool dude; he could easily pass for one of today's young Slow Food farm interns, with his shades, his shorts and his porkpie hat," Louisa Hargrave wrote in her biweekly column, "The Oeno Files," for the May 15, 2014, edition of The Suffolk Times. "Come to think of it, he was a Slow Food farmer, literally!" Mr. Tuthill, who died Feb. 9 at age 98 from complications following a stroke, was the picture of a mid -20th -century North Fork farmer, those who knew him said. A fixture in the community, if he wasn't mending the picket fence outside Cutchogue Presbyterian Church, he could be seen delivering farm fresh eggs to local eateries or caning a chair for someone he knew. "It wasn't grapes back then," his widow, Clara Tuthill — known by most as Cotty — said in an interview at the Cutchogue home the couple shared for nearly seven decades. "It was potatoes and cauliflower. And you always hoped the price would be good." A descendant of the North Fork's earliest English settlers, Mr. Tuthill worked as a farmer, caretaker and craftsman. Cotty Tuthill spent many days baking and keeping the homestead in order and God and church played important roles in their lives. The Tuthills met during a Cutchogue Presbyterian Church outing in the early 1940s and he remained a church member until his death. "He was kind of a shy person. We were on this tour in Nassau Point. I noticed someone kept touching me. I said, `I can't get out of the way,"' Ms. Tuthill recalled. "He looked at me and said, `I'm not trying to push you out of the way."' The couple married in October 1945, just after World War II ended. Mr. Tuthill, the youngest of three bothers, did not serve in the war, though his older brothers were deployed. ff the farm [to serve]," Ms. Tuthill said. Cotty Tuthill holds up a photo of her late husband Hal. (Credit: Vera Chinese) Building materials were scarce after the war, Ms. Tuthill said, so the couple purchased a home located next to the Cutchogue Diner and had it moved to their Alvah's Lane property. Those who knew Mr. Tuthill recalled his subdued, generous deeds, like having the weather vane that sits atop the church steeple covered in gold leaf or mowing the lawn of an injured neighbor. "He was a very quiet, self-contained person. But extremely generous in his own way," said Tom Wickham of Wickham's Fruit Farm. "He did more for that church than anybody throughout the 1900s. He would always be repairing things or fixing them or contributing items for a yard sale. He was so self-effacing. He didn't try to put himself forward at all." Other friends remembered his warm spirit. "He was the best -hearted man. He would do anything for anyone at any time," said longtime friend Daphne Horton of Cutchogue. "I came to this country [from England] in 1946 and they were the first ones in this country to invite myself into their home for dinner." The couple had one child, a son named William, who died in 1972 during an accident aboard a Navy ship. When asked to recall the couple's happiest memories in their nearly 70 years of marriage, William's birth was the first that jumped to Ms. Tuthill's mind. "I don't know how one kid could be so good," she said. "Everybody just loved him." Although they did not have other children, they remained close with extended family. Jacki Goy, a great-niece who hails from Cutchogue and now lives in Schenectady, N.Y., dropped by the family's home for a visit. "He had a story about everything and until you saw pictures, you couldn't believe all the things he did by hand and so simply," Ms. Goy said, adding that she would ferry Mr. Tuthill to visit his wife during a hospital stay or to family get-togethers. "Every time," she recalled, "he would get in my car and say, `This is a mighty fine rocket ship here. "' -� 2i File l'ieaa T, lb r Help 101 2-22 473889 Southold Active RiS 1 School SMattituck School Tuthill, Hallock E Rall ear ,2006 Curr YY 1 Family Res LandAV: 2,100 4805 Alvahs'Ln Land Sica:5.00acres Total AV. 5.900 OWnef Total. 1 Taxable Value Miscellaneous Name: Hallock E Tuthill County: 5,900 Book: 3 AddlAddrFIR 2 Muni: 5,900 Page: 00192 Street: 4508 Alvahs Ln School: 5,900 Mortg: PD Box: Bank: City:. Cutchogue, NY lip: 11935- Schl after Star: 4,340 Acet No. 13 Sale Total: 0 Site 1 of 1 land0 of 0 Book Pace Sale Date Sale Price Owner Prpcls 1 Family Res Nbhid Cd: 0 Sewer: Water - ..:Utilities: Exemption" Total 1 Term Ov,)n Building Total' 0 Code Amount Year Pct 41834 STAR'[ENH] 1,560 0 0 Special District Total:4 Value Improvement Total: 0 Code Units Pct Type Moore Tar Type Name DO D62 SCJFT Yr Built FD029 Cutehogue FE .00 .00 .00- PK090 Cutch New St .00 00 .00r C A;' "ad PDR Z 0 • 00 Ilk � County of ghts fi ti Suffolk \� c Alva C anee TUTHILL PropeAfty SC TM #1000-101-2-22. 5.2041 acres PDR ` LIRR County of Suffolk Development Right 4 2004 AERIAL ' 0 INQUIRY M 1801752.5 YEAR: 1994 1 N 833' 61 v �f SITE _ "Y w: r' a. � v , 5 INOUIRY N: 1801752.5'f" �N YEAR: 1980 *4 _ ♦ i = 833' Cl - low1p � - ,.n" 4 , l ♦ .1 I ♦ f• , I ve iL r 1PINQUIRYN: 1801752.5 YEAR: 1969 E ,, _� = 833' Aar INQUIRY #: 1801752,5 YEAR: 1954 1 N 750' F I 091J A C C C S U R V E Y SURVEY OF PROPERTY -Qm TATP.- rT "r.T4nrTT TF. TOWN: SUFFOI SUFFOLK GOUN- 1000-101 —2 SURVEYED: JUNE II, EASEMENT REV151C JULY 30, 200"1 CERTE70D TO: HALLOCK OCK B. TUTS LI TOWN OF SOUTHOLD COMMONWEALTHL) RE G LJUL oEPi PRE! FI1 SUI TOTAL AREA = 313,1511 5F, OR 1.2041 ACRES EASMENT AREA = H1,123 S.P. OR 2.0001 ACRES ■ MONUMENT FOUND 6RAPHIG SGALE I"= 50' 0 50 100 150 in N E �c S MM JOIN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF—\\Compagserver\pros\07\07-164.pro A E R I A L M A Uk A N own of Southold Town Board Public• -!)wn Development County xights Purchase Development Rights el �dCL cojo 4j f 0 m v County Development /'Rights S County Development Rights { Subdivision Open Space Town Development Rights ap Town Cp �� Development ;6 Rights ,,,e Lcll t$ < \X \ es