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Home My WebLink AboutWebber, Robert E & Eleanor C1000-19-1-11.6 (f/k/a 1000-19-1-p/o 11.3) Baseline Documentation Premises: 32300 Main Road Orient, New York 8.414 acres Development Rights Easement ROBERT E. & ELEANOR C. WEBBER to TOWN OF SOUTHOLD Easement dated June 3, 2004 Recorded September 23, 2004 Suffolk County Clerk - Liber D00012345, Page 254 Correction Easement dated 1/27/05, recorded 2/25/05, Liber D00012373, Page 672 SCTM #: Premises: 1000-19-1-11.6 (f/k/a 1000-19-1-p/o 11.3) 32300 Main Road Hamlet: Orient Purchase Price: Funding: $197,200.50 (8.049 buildable acres $24,500/acre) Agricultural Lands Capitals Funds and Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: Development Rights: 9.912 acres 8.414 easement acres (includes 0.365 acre right of way excluded from purchase price) Reserved Area: 1.498 acres Zoned: R-80 Existing Improvements: In June 2004 - None on easement area SITE DESCRIPTION LOCATION & OVERVIEW The subject property consists of a portion of a partially improved farmland parcel containing 9.92_+ acres. The parcel is designated on the Suffolk County Tax Map as District: 1000, Section: 19, Block: 1, Lot: 11.3. The lot is an irregular shaped parcel with 138_+ feet of frontage along Main Road in Orient, Town of Southold, Suffolk County, New York. The parcel is currently zoned R-80 Residential by the Town of Southold. The subject of this appraisal is 7.92-+ acres of vacant land located on the lot. A one-acre envelope containing the existing residential improvements is excluded from the appraisal. An additional one-acre lot to be retained by the owner has also been excluded from the appraisal. Since two, one-acre lots are being to be retained in an 80,000+_ square fbot zoning area, the remaining 7.92+ acres of area is considered to have development potential based on 625+_ acres (9.92_+ acres less 160,000_* square feet). ACCESS The subject property has adequate frontage on Main Road that provides paved access to the site. I I I MAP DESCRIPTIONS The property is designated on the Suffolk County Tax Maps as follows DistricL 1000, Section: 19, Block: 1, Lot: 113 '['he subject parcel is not located within a designated flood zone according to the Federal Emergency Management Agency on the Flood Insurance Rate Maps for the Town of Southold, Suffolk County, New York (Community Panel #36103C0069 G), map revised May 4, 1998. The site is located in Census Tract #1702 02. SIZE , SHAPE AND FRONTAGE (entire tax lot) -gJ~,:,~-'-~¢ai,:,~ l ~j-O~;~[-L:of"-'-§i~¢ ] n-,/,~:-r'e~- ~JJ'~-n~J~'n~'-"]"-'-§-h'~-'-"[ .......... ~F}O-~{h~ ......... / ! j 451x1146 x j /- / / / 100 x 184 / / (14120} Valuation of Entire Property Page 22 ROGERS & TAYLOR APPRAISEPd, INC. 300 Wheeler Road, Suite 302 Hauppauge, NewYork 11 SITE DESCRIPTION (Cont'd.) SITE CONDITIONS The site is located in a mixed residential and agricultural area of a predominantly seasonal neighborhood with single-family homes in all surrounding areas, vacant land and agricultural utilizations. The parcel is generally level and cleared. It has been cultivated with agricultural crops. The site appears to have adequate drainage. Soil and subsoil conditions as specified by the Soil Map for Nassau and Suffolk Counties published by the United States Department of Agriculture consist of Sassafras Silt Loam. The conditions are described as excellent for vegetable or ornamental horticultural crops grown on Long Island. UTILITIES AND SERVICES Municipal utilities available in this area include electric (LIPA) and telephone. Private wells provide water in the immediate area of the subject property. Police protection is provided by the Suffolk County Police Department and fire protection is provided by a local volunteer fire department. Suffolk County Water Authority has instituted a moratorium on public water for subdivisions for a period of six months. During the moratorium period they will be studying the impacts of new subdivisions on the public water system. During this time period, they will not be granting access to public water for any nexv subdivisions. The moratorium began on May 26, 2002 and will expire on November 26, 2002. EASEMENTS AND ENCROACHMENTS We are not aware of any easements or encroachments other than normal utility easements. CONCLUSION The property and the neighboring community are seen as conducive to supporting residential development as could take place on the site. Furthermore, the specific site conditions and the nature of the overall area make the site desirable for acquisition by an agency interested in preserving farmland on Long Island. (14120) Valuation of Entire Property Page 23 ROGERS & TAYLOR APPRAISERS, 1NC. 300 Wheeler Road, Suite 302 Hauppau§e, NewYork 11788-,1-300 Part 1. Ownership According to records available through the Town of Southold, ownership is in the name of Robert E. and Eleanor C. Webber. The subject six acres which is offered, is currently occupied as farmland. L. Sales History. of the Subject The subject last Deed of record is Robert E. Webber to Robert E. Webber and Eleanor C. Webber dated August 25th, 1987, Liber 10414; Page 481. 9 Part 2. Valuation of the Entire Property A. Description of the Sub_iect Site; The subject farm is located on the south side of Main Road, approximately 250 fi e/o Petty's Bight Road, Orient, Town of Southold, County of Suffolk, New York. The owner is retaining the house and approximately 3.9 acres on the Main Road. The center and northerly portion of the farm or six acres will be offered to the Town of Southold. This six acre parcel is level, open farmland. The south boundary is 452 fi. The total length is 1,282 ft for the entire 9.9 acres. The six acre offering is expected to have a length of approximately578 +/-ft. The parcel is rectangular in shape. There are no improvements. The parcel is considered buildable for residential dwellings. Development rights have not been sold. The currem owner has a plan before the Planning Depaa~tment to possibly subdivide his 3.9 acres. There is currently hay grown on the farm. The six acre parcel is entered from a 16 ft. wide right of way constructed of dirt and stone. This right of way has a slight, adverse effect on market value that will be indicated in the Market Data Approach. Subject is located in Flood Zone B. The public utilities are electric and telephone. Water is provided from private wells and there would be private cesspools w~th septic systems. Main Road is a macadam road, publicly maintained. There are street lights, no sidewalks, no curbs. The immediate area is predominately farmlands with residential homes scattered along the highway. The nearest large village is Greenport Village. There is a small commercial area in Orient Village on Village Lane. The subject is near the easternmost end of the North Fork and near the Orient to New London, Connecticut ferry service entrance. 10 Part 2. The subject is currently used as fallow farmlands. The subject is currently zoned R-80. The purpose is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open, rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regular the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers an other farmland owners. In this zoning category, minimum requirements for one family detached dwellings are: Lot site (sq. ft.) 80,000 Lot width 175 ft. Lot depth 250 ft. Front yard 60 ft. Side yard 20 ft. Both side yards 45 ft. Rear yard 75 ft. Livable floor area 850 sq.ft, per dwelling unit Maximum permitted dimensions are: Lot coverage 20% Building height 35 ft. Number of stories 2.5 11 A P P R A I S A L R E Q U E S T LAND PRESERVATION COMMITTEE MEETING TUESDAY, MAY 28, 2002 AT 7:30 P.M. MINUTES Present were: Dick Ryan, Ray Blum, Ray Huntington, Reed Jarvis, Fred Lee, Bill Edwards, Marty Sidor, Melissa Spiro, Tom Wickham, Tim Caufield, Nancy Lucas and Kerri Cullen. Melissa discussed another application which was received from Robert Webber 19-1- 11.3. It is located on the Main Road in Orient. There are approximately 6 acres involved. It was suggested that an appraisal be gotten. Melissa will contact Andy Stype to do the appraisal. P R 0 P E R T Y V I S U A L S Area Map Locating Subject Property Mulford Point SUBJECT PROPERTY _Eagle Point Long Beaeh ~ay ,TPeters Neck Point / Latle Igql/yy _Eagles Neck ~oii~ ~70rient Beach ate!Park _~Ben$ Point 14120 Genera/Infom~a[ 2n Page I0 ~Long Beaoh 1°98 DeLorme~S_try~ ct Atlas USA TAX MAP SECTION 19 LOCATING SUBJECT LOT 11.3 (14120) General Information Page 20 ROGERS & TAYLOR APPRAISERS, ]]NC. 300 Wheeler Road, Suite 302 Hauppau§e, NewYork 11788-4300 PHOTOG~PBS OF SUBJECT PROPERTY ViEW OF SUBJECT PROPERTY - FACING NORTH FRO ~.~ )NTER~OR OF $~TE VtEW OF SUBJECT PROPERTY -FACtNG NORTP~,NEST FROM ff~TER~OR OF S~TE (14120) Page RGX5~ & IA5%OR APPRAB~, iNC 300 W}~eeler Road, Suite 302 Haup?auge, NewYork ii788-4300. PHOTOGRAPHS OF SUBJECT PROPERTY SU~ECT PROPERTY - FACING SOUTH FRO~ ~A~N ROAD (14120) General Information Page 4 & TAY]20R APPRAB~, 300 Wheeler Road, Suite 302 Hauppauge, NewYork 11788--4300 street Subject Look West Couil~y S~folk Zi~ C~ie 11957 Road, $out~i~' 11971 ~ 11952 Subject Right of Way Subject Look West Road ~0~ Suffolk ........ ~i~7 L~- 11971 Subject Look North Look South i 5O Robert Webber SCTM# 1000-19-1-11.3 1999 Aerial Robert Webber SCTM#1000~19;I;ll~3 2001 Aerial SCTM# 1000-.19~%1t 3 ZONING MAP LOCATING SUBJECT PROPERTY R-200 (14120) Valuation of Entire Property Page 25 ROGERS & TAYLOR APPRAB]~, IN-C. 300 Wheeler Road, Suite 302 Hauppauge, NewYork 11788-4300 Page 1 of 1 FLOOD MAP LOCATING SUBJECT PROPERTY I Prepared for: ROGERS AND TAYLOR .APPRAISERS, ORIENT, 11957 INC FLOODSOURCE Fiord H~rd$ Map Map llurnber 36103C0069G Effective Date Mey 4, 1996 (14120) Addenda Page 63 I:loodSource (~orp 977-77.FL00D ZONE C COASTAL EIASE FLOOD ELEVATIONS APPLY ONLY LANDWARD OF 0.0 NE;VD. ZONE C ZONE B ZONE ZONE B (ELS) ama ZONE A7 ~ (EL9) E N V I R O N M E N T A L S U M M A R Y I I I I Phase I Environmental Site Assessment Webber Property 1.0 SUMMARY 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) 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. I I I I I The subject property lies in the Hamlet of Orient, Town of Southold, County of Suffolk, New York. The overall property consists of a 9.9 acre parcel of partially developed farmland of which the Town of Southold is pumhasing the development rights for the southern 8.37 acres which is the subject property. The property is located on the south side of Main Road (SR 25), approximately 3,019 feet east of Narrow River Road. The property is more particularly described as Suffolk County Tax Map # 1000-019-01-11.3. The 8.37 acre subject property which is the subject of this report consists of vacant farmland. According to Lynn Maaiki, the current resident of the house located on the northern portion of the property and the daughter of the Robert Webber (the property owner), the property is actively farmed. No structures, foundations, staining or stressed vegetation were observed on the subject property. No irrigation well or associated pump engines were observed on the subject property. Historic aerial photographs from 1957, 1961, 1969, 1980, 1994 and 1999 were reviewed in order to determine past uses of the property. This review revealed the property has always been active farmland. No Sanborn Map coverage was available for the subject property area. I I An extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, one (1) closed spill incident is located within one-half (0.5) mile and one (1) RCRA Hazardous Waste Generator was identified in close proximity to 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. I I I Webber Property, Orient Phase I ESA FIGURE 1 I I LOCATION MAP Webber Property, Orient olrl 2~ x~-] Island Orient Beach StatePark Of Orient Point ,,3Xx~ L,0 Count~ Park °Orient Point OmiO.2 0.4 0.6 0.8 1 1.2 1.4 I Page 7 of 25 I I FIGURE 2 SITE MAP Webber Properl% Orient Phase I ESA ! ! ! ! ! I I I I I I ...... Sul:tjec, t Property,,,/?,,,, NORTH Page 9 of 25 Webber Property, Orient Phase I ESA FIGURE 3 GROUNDWATER CONTOUR MAP SITE .,~ ' .;A.:' .... ' , . ) . , , ., NORTH + Page 16 of 25 Toxics Targeting 1 Mile Radius Map Webber Properly Orienl, NY 11957 m m -- m m m m mm m / / Toxics Targeting 1/2 Milo Radius Map Webber Properly Orient, NY 11957 Suffolk Counly ............ Location ~ Waterbody ' Tracks ~ . ' Webber ~ol)edy Toxics Targeling 1/4 Mile Radius Map Webber Property Orient, NY 11957 Suffolk Courtly Toxics Targeting 1/4 Mile Closeup Map Webber Property Orient, NY 11957 P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FRI~EDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 458 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2003: RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ August 12~ 2003~ at 8:15 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 agricultural lands for a certain parcel of property owned by Robert and Eleanor Webber. Said property is identified as SCTM #1000-19-1-11.3. The property is located on the south side of Main Road, approximately 3000 feet east of the intersection of Main Road and Narrow River Road, in Orient. The development rights easement comprises approximately 8.9 acres of the 9.9 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $24,500 (twenty-four thousand five hundred dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ August 12~ 2003~ at 8:15 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 agricultural lands for a certain parcel of property owned by Robert and Eleanor Webber. Said property is identified as SCTM #1000-19-1-11.3. The property is located on the south side of Main Road, approximately 3000 feet east of the intersection of Main Road and Narrow River Road, in Orient. The development rights easement comprises approximately 8.9 acres of the 9.9 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $24,500 (twenty-four thousand five hundred dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: July 29, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON AUGUST 14~ 2003~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Melissa Spiro Town Clerk's Bulletin Board Town Board Members Town Attorney Webber SOUTHOLD TOWN BOARD PUBLIC HEAR1NG August 12, 2003 8:15 P.M. HEARING ON TItE PURCHASE OF DEVELOPMENT RIGHTS ON AGRICULTURAL LANDS OF ROBERT AND ELEANOR WEBBER~ SCTM # 1000-19-1-11.3 Present: Supervisor Joshua Y. Horton Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Absent: Justice Louisa P. Evans COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ August 12~ 2003~ at 8:15 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 agricultural lands for a certain parcel of property owned by Robert and Eleanor Webber. Said property is identified as SCTM #1000-19-1-11.3. The property is located on the south side of Main Road, approximately 3000 feet east of the intersection of Main Road and Narrow River Road, in Orient. The development rights easement comprises approximately 8.9 acres of the 9.9 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $24,500 (twenty-four thousand five hundred dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may he examined by any interested person during business hours. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: As noted, this hearing is for the purchase of development rights on approximately 8.9 acres on the Webber property in Orient. The total property is approximately 9.9 acres. There is currently an existing dwelling and some accessory structures towards the Main Road side of the property. The Webber's are proposing to keep the development rights intact on approximately 1-1.5 acres around the house and accessory structures, and are offering the development rights on the farmland to the south of the house and accessory structures. The property is located within the R-80 Zoning District. It is included in the Town's 'Community Southold Town Board-Public Heating August 12, 2003 2 Preservation Plan and it is shown as farmland on the Town's Farm and Farmland Protection Strategy. The Town owns the development rights on the property to the south. The County owns the development rights on over 100 acres one property over to the west, and the State owns several 100 acres of land in the vicinity. The purchase price of $24,500 per acre is supported by an appraisal. Both the Land Preservation Committee and I support this development rights acquisition, and recommend that the Town Board proceed with the acquisition. In closing, I would like to thank the Webber family for offering the development rights to the town on this significant piece of farmland. SUPERVISOR HORTON: I will open the floor to the public. response) We will close this heating. (No response) To the Board? (No Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Ha]l, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 497 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 12, 2003: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development fights of a certain parcel of property of agricultural lands owned by Robert and Eleanor Webber, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-19-1-11.3 and is located on the south side of Main Road, approximately 3000 feet east of the intersection of Main Road and Narrow River Road, in Orient. The development rights easement comprises approximately 8.9 acres of the 9.9 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee. The purchase price is $24,500 (twenty- four thousand five hundred dollars) per acre; be it therefore 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 tho 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; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk 617.20 Appendix C State Environmental Quality Review SHORT ENV/ROflMENTAL ASSESSMENT FORM For UNLISTED AC1/ONS Only PART Z-PRO3ECT INFORHATJ[ON (To be completed by Applicant OR project) PaGe 1of 2 1. APPLICANT/SPONSOR: Southold Town Board 3. PRO3ECT LOCATION: 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc, or provide map) $CTM# Iooo- PROPOSED ACT[ON: 7. AMOUNT O~ I..~N D AFFECTED: INTFALLY '1 * !' acres ULTIMATELY ~' ~ acres 8, W~LL PROPOSED AC'I2ON COMI?LY ~ EX~lING ZONI'NG OR OTHER EX~ST~NG LAND USE RESTR~CI~ONS? 9. WHAT ~S pRESENT LAND USE ZN V~C~NI'FY OF PRO.1ECT? ~ Residential [] Commercial [] ~ndustrlal {~Agriculture ~ Park/Forest/Open s~ce [] O~er 10. DOES ACITON ZNVOLVE A PERHI'r APPROVAL, OR FUNDZNG, NOW OR ULITHATELY FROM ANY O]tlI;K GOv~;-'~[NTAL AGENCY (FEDERAL, STATE OR LOCAL)? 11, DOES AI~ A~PECT OF ll'IE A~I~ON HAVE A C~IRREMTLY VALID PS:RMI'r OR API~OVAL? [] yes~]' No ~.~,/is~egencKs)en~mrm;r,'a~ovels 1~- AS RESULT OF PROPOSED AC1/ON WILL EX/STING PERH~T/APPROVAL REQUIRE MODZFJ[CAT[ON? [] PAP~T ]~-ENV~RONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 DOES ACTION EXCEED ANY TYPE ! THRESHOLD IN 6 NYCRR~ PART 6t7.47 Yes[~r No 1fyes coordinate the reviewproce~ and u~e the full EAF B. W~LL AC'F~ON RECE-WE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS lrN 6 NYCRIL PART 617.67 Yes~' No If no, a negative declarabbn may be suspended by another involved agency :. COULD ACTZON RESULT IN ANY ADVERSE EFFECTS ASSIOCZATED WI'TH THE FOLLOWING: Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater gual~ or quantYcy, noise levels, existing traffic battems selid waste predu~on or disposal, potential for erosion, drainage or flooding problem? Explain br~fly: ~VO C2. Aesthetic, agricultural archaeological, historic or other natora[ or cultoral resources; or community or neighbnd~oed character? Explain briefly: C3. Vegetation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endaegered species? Explain briefly: 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? Explain briefly: C5. Growth, subsequent development, or retated aclJvities likely to be induced by the proposed acUon? Explain briefly: ~'e C6. Long term, short term, cumulaUve, or other effects not identified in C1-C57 Explain bdefly: CT. Other impacts (indudieg changes in use of effher quantity of type of energy)? Explain bdefly: D. W/LL THE PRO.1ECT HAVE AN I'M PACT ON THE ENVIRONMENTAL CHARACTER/CS THAT CAUSED THE ESTABLISHMENT OF A CEA? [] yes~ No E. IS THER~ OR IS THERE I. ZKELY TO BE, CONTROVERSY RELATED TO POTENT/AL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes[~ No pART rn. DEIERHZNA'I/ON OF S~GNZF][CANCE (To be completed by Agency) INSTRUCTTONS: For each adverse effect identified above, determine whether it is sebstanUal, large, or'otherwise s~gnificant. Each effect should be assessed in cenneshon with its (a) setting (i.e. urban or rural); probability of occunieg; (c) durafim; (dO in~versibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanatiens contain seffident detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of part I! was ched(ed yes, the determinafio~ and significance must evaluate the potential impact of the proposed actien on the envimornonbd characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then [] proceed diresfly to the FULL ENV[RONHETNAL ASSESSMENT FORM and/or prepare a pcoiflve dddaration. ~' Check this box if you have determir~, based en the information and analysis above and any sepoorfleg documer~tion, that the proposed action W[LL NOT result in any significant adverse environmental impacts AND provide en attachments as necessary, the masons supporting this determination: $o HocO Tow Pdnt °f typo Name °'~Resp~sl~'~4~=n Lead Agencyf ,v~d,a~e V ~,4~ O..~ TRte of Responsible Officer SignatuFe~'~es~ in Lead Agency ~' Signatom of prepare(if different from of responsible officer) P U R C H A S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 515 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 12, 2003: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of development rights on the property owned by Robert and Eleanor Webber on the 12® day of August 2003, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-19-1-11.3 and is located on the south side of Main Road, approximately 3000 feet east of the intersection of Main Road and Narrow River Road, in Orient; and WHEREAS, the development rights easement comprises approximately 8.9 acres of the 9.9 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing; and WHEREAS, the property is listed on the Town's Comxnunity Preservation Project Plan as property that should be preserved due to its agricultural value, and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the property is adjacent to, and in the vicinity of, other farmland on which the development rights have been acquired; and WItEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; and WItEREAS, the purchase price is $24,500 (twenty-four thousand five hundred dollars) per acre and the exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights of a certain parcel of property of agricultural lands owned by Robert and Eleanor Webber~ pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-19-1-11.3 and is located on the south side of Main Road~ approximately 3000 feet east of the intersection of Main Road and Narrow River Road~ in Orient. The development rights easement comprises approximately 8.9 acres of the 9.9 acre farm. The exact area of the development rights easement is to be determined by a town provided survey~ acceptable to the Land Preservation Committee. The purchase price is $24~500 (twenty-four thousand five hundred dollars) per acre. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT ROBERT E. WEBBER and ELEANOR C. WEBBER to TOWN OF SOUTHOLD Premises: 32300 Main Road, Orient, New York SCTM #1000-19-1-p/o 11.3 Total Parcel Acreage = 9.912 acres Total PDR Acreage -- 8.414 (PDR acreage minus 0.365 area of right of way = 8.049 buildable acres) Purchase Price of $197,200.50 based on 8.049 buildable acres at $24,500/acre disbursed as follows: Payable to Robert E. & Eleanor C. Webber Check #76770 $ 197,200.50 Expenses of Closing: Appraisal Payable to Andrew Stype Realty, Inc. Check #68006 (8/13/02) Payable to Rogers & Taylor Appraisers, Inc. Check #69199 (11/7/02) $ 1,750.00 $ 3,5OO.OO Survey Payable to Stanley J. Isaksen, Jr. Check #76467 (5/18/04) $ 750.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #73944 (11/6/03) Title Report Payable to Stewart Title Insurance Company Check #76735 Fee insurance $1,201.00 Recording deed $ 199.00 $ 1,400.00 $ 1,400.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #76635 $ 50.00 Closing took place on Thursday, June 3, 2004 at 11:00 a.m., Southold Town Hall Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. William H. Price, Jr., Esq. Robert E. Webber Eleanor C. Webber Karen Hagen, Esq. Melissa Spiro Melanie Doroski John Sepenoski Southold Town Supervisor Attorney for Town of Southold Attorney for Seller Seller Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst Land Preservation Committee Member TOWN OF SOUTHOLD 53095 MAIN ROAD ~ SOUTHOLD, NEW YORK 11971]0959 611104 AUD~ ~ ~0~ ' ~ DATE CHEOKNO AMOUNT 06/01/2404 . 76~70.k TWO HUNDRED ~ 50~l. 0Qcb~' ,'O ?r= ? ?O," 1:0~1,051,~1,1: ~ O0~OON 0,' VENDOR 023128 ROBERT E.AND ELEANOR C. WEBBER 06/01/2004 CHECK 76770 FUND & ACCOUNT P.O. # INVOICE DESCRIPTION AMOUNT H2 .8686.2.000.000 060304 H3 .8660.2.600.100 060304 DEVELOP RGHTS-8.41 37,438.51 DEVELOP RGHTS-8.4 159,761.99 TOTAL 197,200.50 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 FROM: Andrew Stype Realty, Inc. Box 63 Mattituck, NY 11952 516-298-8760 TO: For professional appraisal services rendered. real estate valuation 1000-19-1-11.3 Webber real estate valuation 00 miles @ $0.25 per mile 00 miles @ $0.25 per mile subtotal: State Tax: Total: $ A service charge of 2% per month will be applied to all accounts more than thirty days past due. Thank you very much for your business. Andrew D. Stype SP~ 7/~5 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 019764 ANDREW STYPE REALTY JE Date Trx. Date Fund Account ............................. Begi 8/13/2002 11/07/2002 3/25/2003 6/03/2003 8/12/2003 9/23/2003 8/13/2002 H3 .600 11/07/2002 H3 .600 3/25/2003 A .600 6/03/2003 H3 .600 8/12/2003 H3 .600 9/23/2003 H3 .600 Select Record(s) or Use Action Code Disbur$ Inquiry by Vendor Name ............. Detail--GL100N.. ............. W-08132002-487 Line: 11 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 8/13/2002 SDT 8/13/02 : Trx Amount... 1,750.00 : Description.. APPRAISAL-WEBBER : Vendor Code.. 019764 : Vendor Name.. ANDREW STYPE REALTY, INC : Alt Vnd.. : CHECK ........ 68006 SCNB : Invoice Code. 202049 : VOUCHER ...... : P.O. Code .... 09523 : Project Code. : Final Payment F Liquid. : 1099 Flag .... N : Fixed Asset,. Y : Date Released 8/13/2002 : Date Cleared. 8/31/2002 : : F3=Exit F12=Cancel F21=Image : ROGERS & TAYLOR APPRAISERS, iNC. Gar) P Taylor, MM.SRA James G Taylor, MAI,SRA 300 Wheeler Road, Suite 302 Hauppauge, New York 11788-4300 August 26, 2002 Town of Southold Department of Land: Preservation 53095 State Route 25 P.O. Box 1179 Southold, New York, 11971-0959 Attention: Melissa Spiro, Land Preservation Coordiflator Tel: (631) 434-3300 Fax: (631) 4344508 E-Mail: gjtaylor~abnetllccom For'Prqfes.s'irmal Servieeav .~ Property of Robert Webber South side of Main Road Orient, New York SCTM# '1000-19-1-1 t .3 Our File # 14120-02 Appraisal Fee: GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 018477 ROGERS & TAYLOR APP dE Date Trx. Date Fund Account ............................. Begi 6/06/2000 6/06/2000 SR .600 9/26/2000 9/26/2000 SR .600 5/21/2002 5/21/2002 H3 .600 8/13/2002 8/13/2002 H3 .600 11/07/2002 11/07/2002 H3 .600 8/12/2003 8/12/2003 A .600 Select Record(s) or Use Action Code $3,500.00 Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-11072002-470 Line: 267 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 11/07/2002 SDT 11/07/02 : : Trx Amount... 3,~00.00 : : Description.. APPRAISAL-R WEBBER PROP : : Vendor Code.. 018477 : : Vendor Name.. ROGERS & TAYLOR APPRAISE : : Alt Vnd.. : : CHECK ........ 69199 SCNB : : Invoice Code. 14120-02 : : VOUCHER ...... : : P.O. Code .... 09530 : : Project Code. : : Final Payment F Liquid. : : 1099 Flag .... N : : Fixed Asset.. Y : : Date Released 11/07/2002 : : Date Cleared. 11/30/2002 : : F3=Exit F12=Cancel F21=Image : STANLEY J. ISAKSEN, JR. PROFESSIONAL LAND SURVEYOR P.O. Box 294 New Suffolk, N.Y. 11956 Topographic Title Surveys Surveys Telephone & Fax 63]-734-5835 4 May 2004 Ms. Melissa Spiro Town of Southold Land Preservation Dept. P.O. Box 1179 Southold, N.Y. 11971 Dear Ms. Spiro; RE: PDR of Property Owned by Robert Webber. TM# 1000-019-01-011.3 The following is a bill for mapping services for what I believe is the final s~vey as agreed to for the purchase of development fights of property owned by Mr. Robert Webber, premises located on the Main Road, Orient, N.Y. I am providing 4 copies at this time. Please remit $750.00 for surveying services at this time. CC: file 02C1129 AMERICAN CONGRESS NEW YORK STATE ASSOC. NASSAU-SUFFOLK ON OF CIVIL ENGINEERS,INC. SURVEYING AND MAPPING PROFESSIONAL La. ND SURVEYORS, INC. · on, Pope & Voorhis, LLC A/alt Whitman Road Phone: 631-427-5665 ,elville NY 11747 Fax: 631-427-5620 Invoice Property: 03285 Project: Webber Property, Orient Manager: McGinn, Steven VA01264 To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Greg Yakaboski Invoice #: 1994 Invoice Date: October 07, 2003 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,400.00 Contract Item gl: Phase I Environmental Site Assessment Work Performed: 8/21 thru 9/15/03 Contract Amount: $1,400.00 Percent Complete: 100.00% Fee Earned: $1,400.00 Prior Fee Billings: $0.00 Current Fee Total: $1,400.00 *** Total Project Invoice Amount $1,400.00 Please make all checks payable to NELSON POPE & VOORHIS Please include invoice number on check NELSON POPE & VOORHIS NOW ACCEPTS CREDIT CARDS VISA - MASTERCARD - AMERICAN EXPRESS OCT ~ 7 2003 TOWN OF SOUTHOLD 53095 MAiN ROAD . SOUTHOLD NEWYORK 11971-0959 ~ D~LL~RS DATE 06/01/2004 6/i/04 AUD'I~ 7~ 6 CHECK NO. AMOUNT 76735 $2/0!.0.00 VENDOR 019624 STEWART TITLE INSURANCE CO. 06/01/2004 CHECK 76735 FUND & ACCOUNT P.O. # INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 H3 .8660.2.600.100 H2 .8686.2.000.000 12082 N2 .8686.2.000.000 12082 23-S-3143 23-S-3143 24-S-0740 24-S-0740 TITLE POLICY-WEBBER 1,201.00 RECORD DEED-WEBBER/TO 199.00 TITLE-VREELAND/WILLS 435.00 REC DEED/VREELAND/WIL 175.00 TOTAL 2,010.00 TOWN OF SOUYHOLD · SOUTHOLD, NY 11971-0959 TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEW yORK 11971-0959 DATE 06701/2004 6/1/04 k!JDI 67'663,5 76635 Sl00 . 00 I~'07~,r:,3,5~1' I:O~i,t, Oql~'hI: ~,~, O000Oh 0"' VENDOR 007707 KAREN HAGEN o6/ol/2OO4 CHECK 76635 FI~D & ACCOUNT H3 .8660.2.600.100 H2 .8686.2.000.000 P.O.~ INVOICE DESCRIPTION AMOUNT 23-S-3143 24-S-0740 TITLE CLOSER-WEBBER/TO 50.00 TITLE CLSR-VREELAND/WI 50.00 TOTAL 100.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 R E C O R D E D E A S E M E N T I Illll I IIII IIIIllilllllll IIII III!1' IIIII IIH111114111 SUFFOLK COUNTY CLERK RECORDS oFFICE RECORDING PAGE .OCT .1 2 3]O4 Type of Instrument: EASEMENT/DOP ~,m~e= of Pages: 15 Receipt Number : 04-0105955 TRANSFER TAX NUMBER: 04-08449 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 019.00 01.00 B)~MINED AND CHARGED AS FOLLOWS $0.00 09/23/2004 04:30:11 PM D00012345 254 Lot: 011. 003 Received the Following Fees For Above Instrument Exempt Page/Filing $45.00 NO Handling CeE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Comm. P=es $0.00 NO Fees Paid · TRANSFER TAX NUMBER: 04-08449 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Remaine County Clerk, Suffolk County Exempt $5.00 NO $15.00 NO $0.00 NO $30.O0 NO $0.00 NO $105.00 Iq'amber of pages TORRENS Certificate # Prior Cfi. # Deed / Mortgage lasU-am~nt Page / Filing Fee ~ H~ndling 5. O0 Notation E~-52 17 (Count5.') EA-5217 (Store) Comm. of Ed~ 5. 00 Affidavit Cenffied Copy NYS Surcharge 15. 00 O~her Deed / M~rtgaga Tax Stump 4 Dist. SecUon Real Property Tax Service Agency Verification 1000 0~00 0100 011003 6 [ Satisfactiomdl)ischarge&rReleases List Propexiy Owners Mailing Address RECORD & RETUR~ TO: Recording / lr~ing Stamps MOrtgage.Am[ 1. 'Basic Tax 2. Addilional Tax Sub Total Sp~./Ar~it_ 8pec./Add. TOT. MTG. TAX Dual Town __ Dn~l County · Held for Appoia~ent Marion Tax The property covered by this mortgage is or will be improved by a one or two family &veiling only. or NO If NO, sec approl~i~ae tax clause on page ~.__ of ~ instrument. ;,o~6'ol-d, ,o,.,V//471 I~ ITitle Company Information ICo. ~,~ .9~.,,,~- . [ Suffo ,lk. County Recording & Endorsement Page ' (SPECIFY T'ITE OF INSTRI~NT) ' ~r' C'. gt/e~/,~_.~.~ sur~o~xcpwrr~,~w¥omc ~7~'~MIr'} -C5:~ ~C~~ Inln the Township of file VILLAGE BOXES 6 TItRU 8 blUST BE TYPED ~R PRINTED IN BLACK ~ ONLy pRIOR TO (over) GRANT OF DEVELOPMENT RIGHTS EASEMENT ~j~,~ THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the · of;;~' .u-~-~- , 200~at S,outhold, New York. The parties are ROBERTE. and ELF. A~OR C. WEBBER: I~esiding at 35 CHAPEL A VENUE~ BROOKHAVEN~. NEW YORK' =~.2 719 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having !ts pHndpal office at 53095 Hain 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, more fully described in SCHEDULE A attached hereto, made a part hereof'and a survey dated .luna 20, 2002, last revised Hay 4, 2004, prepared by Stanley 3. Tsaksen, .lt., and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the R-80 Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town Code of the Town of Southold, Section :100-30. The Property is designated as part of Suffolk County Tax Map Parcel Number ~.O00-~.9-1-:t:[.3; and WHEREAS, the Property contains soils classified as Class ! and Class worthy of conservation as identified by the United States Department of Agflculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #7, and the Grantor wishes to continue using the Property in an agricultural capacity and as scenic open space as defined in the Town of Southold; and WHEREAS, the Property Is currently is agricultural use as row crops; and WHEREAS, it is the polic~' of the Town of Southoid, as articulated in the Town's Haster Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in Its present scenic, agricultural and open condition has substantial and significant value as an aesthetic and agricultural resource It has not been subject to an,/extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region In which the Property is located, and Grantor and Grantee have, In common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and Stewart Title Insurance Company Title No: 23-S-3143 Schedule A Description ALL that certain plot, piece or parcel of lfind with tho bui.tdings and impwvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York and being bounded and described as ~Ilows: BEGINNING at a point on the southerly line of Main Road CbLY.S. Route 25), distant 3277.00 feet more or less easterly from the comer formed by the intersection of the southerly line of lvlain Road with the easterly line of Narrow Riwr Road; Thene~ South 10 degrees 08 minutes 40 seconds West, 183_71 feet; Thence North 84 degrees 20 minutes 5 i seconds West 100.00 feet; Tl/ence South 05 degrees 39 minUtes 09 seconds West, 151.55 feet to the true poim of beginning; Running thence South 84 degrees 18 minutes 52 seconds East, 290.18 feet;, Thence South 03 de~ees 40 minutes 19 seconds East, 993.36 feet; mmutes 59 seconds West, 4: . , Thence North 86 degrees 1 [ ' ~5 14 feet- Thence North 05 degrees 39 minutes 09 secands East, 994.46 feet to the point or place of TOGETHEK with all right, tide and interest of the party of the first part, in and to the laud lying in the street in fxont of and adjoining said premises. 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 Graotee in order to restrict the further development of the Property while perm~ing compatible uses thereof; NOW THEREFORE, in consideration'~. ONE HUNDRED AND NINETY SEVEN 1-HOUSAND-I~NO HUNDRED DOL. LA~,$ and FIFTY CENTS ($197,200.50) 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 Grentee.a Development Rights Easement, In gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more partleulaHy bounded and described on Schedule 'A~ annexed hereto and made a part of this instrument. / TO HAVEAND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Properb) unto the Grantee, its successors and assigns forever, reserving, however, for the direct use end benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Propertyf subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.0[ Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described In Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 pf the.New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 PurPose The parties recognize the environmental, natural, scenic or a~ricultural 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 conservaUon policies. 0.04 Governmental Recoqnition 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 enactment of Environmental Conservation Law, ArUde 49-0301, et. seq. and 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. Grantee makes this determlnaUon based on a survey dated 3une, 2002, last revised May 4, 2004, prepared by Stanley 3. Zsaksen, 3r. and a Phase i Environmental Site Assessment dated September 9, 2003, prepared by Nelson, Pope & Voorhls, LLC. Grantor and Grantee acknowledge aqdagree that in the event a controversy arises wlth respect to thee nature.and' exten~ of'the Grantors uses of the Property or Its physical condition as Of I;he date hereof', the parties shall not be foreclosed from utilizing any qther relevant or material documents, surveys~ reports, phot~graph~, or other evidence t~ assist In the resolution of the controversy. 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 the agricultural production as that term Is presently defined by Section 30/. of the New York State Agriculture and Markets Law, and/or Section 247 of the New York General Municipal Law and/or Chapter 25 of the Town Code of the Town of Southold. 1.03 Duration This Easement shall be a burden upon and run with the Property In perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, persona[ representatives, successors and assigns, and all other Individuals and entities. The word "Grantor~ when used herein shah include all of those persons or entitles. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of Its subsequeriJkagents, successors, and assigns, and the word "Grantee" when used I~e~-~[~ shall include all of those persons or entitles. 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. _Ap~l-[c LE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures Except as provided in Section(s) 4.06, the construction or placement of residential, commercial, industrial or other buildings, structures, or Improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over, or under the Property, shall be prohibited. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including berms, dflveways or walk'ways. _3.02 Excavation and Removal of Materials; Mininq The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, shall be prohibited, ~ithoqt the prior wriLten consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, without the prior wfltten consent of Grantee. _3.03 Subdlvlsiorl The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall Include the division of the portion of the Property from which the development rights are acquired Into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Purchaser. 3.04 DumDIna The .dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural praCtices, including fertilization and composting. ~ 3.05 Sians The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants, (b) to temporarily advertise the Property or any por~lon thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) to announce Grantee's easement. Signs are subj(~ct to regulatory requirements of the Town. 3.06 Ponds and Water Courses (INTENTIONALLY DELETED) 3.07 LandscaDino ACtivities The removal of trees, shrubs, or other vegetation from the property shall be prohibited except as provided in Section 4.04. 3.08 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee. UUliUes must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and may be used solely to service the permitted structures. 3.09 Prohibited Uses The use of the Property for any permanent or temporary residential, commercial or industrial use shall be.prohibited. For the purposes of this section, agricultural production presently defined in Chapter 25 of the Town Code, shall not be considered a commercial use. 3.10 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 as defined by applicable law. 3,11 Drainaqe The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service any permitted structures. The use of the o¢ 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. 3.1 Develo m n Ri ts The use of the _~reag. e of this Prope~y for purposes of~,~,alculating ~ot . ,~ yield on any other Pro~;y ~all be pro~bi~L~l. Grantor hL:~l~y grants to Grantee all exlsUng d~velopment rights ('ahd ~any ~urther development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace the pre-existing structures, and as provided In Section 4.06 the parties agree that such rights shall be l:ertninated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUI~ GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTZCLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. 4.04 Landscaoina Activities Grantor shall have the right to continue the current modes of landscaping, pruning and grounds maintenance on the Property. Grantor shalt have the right to remQve or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged. 4.05 Aaricultural Activities Grantor shall have the right to engage in all types of agricultural production activity as the term Is defined in Chapter 25 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property with the prior written approval of Grantee, and as such approval may be required by the Code of the Town of Southold. Approval may be granted if the structure or improvement does not defeat or derogate from the purpose of this Easement or other applicable laws. These structures and improvements include: (i) Underground facilities used to supply utilities and and/or control stormwater runoff; (ii) Fences, If placed so as not to block or detract from the scenic view. - B. Replacement of Improvements: In the event of damage resulting from casualty loss to an extent which renders repair of any existing Improvements ImpracUcal~ erection of a structure of comparable size, use, and general design tO the damaged struc~ture shall be permitted within the same general location subject to the review and written approval of Grantee. C. Environmental Sensitivity During Construction: The use and location of any improvement permitted hereunder shall be consistent with the purposes intended here[n~ agd 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 mlnlmat removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.07 Notice Grantor shall notify Grantee, in writing, before taking any a~ion or before exercising any reserved right with respect to the Property, which could adversely affect the environmental, scenic, open space, and agricultural values which are the subject of this Easement. This includes the construcUon of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including any applications, information on the need for and use of such structures, and architectural plans of any proposed structures, if applicable. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest In the Pn~perty 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'$ OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental o~ municipal cha~'ges, which may become a lien on the Property, Including a~y taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. · n em n'~cat'on 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 aMslng from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantors obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, Its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, Its officers, employees, agents, or independent contractors. 5.04 Annual Mowino Reauirement (INTENTIONALLY DELETED) ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entrv and Insoection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and In a manner that will not interfere with Grantors quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided In Section 5.04, or to permit access upon the Property by the public· 6,02 Restoration 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 Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. (~.03 Enforcement Riahts of Granb~e 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, cover!ant or obligation on Grantor's part to be~ observed or performed pursuant to this Easement is not cured by Grantor wlthln fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values, or other~vlse to further the purposes of this Easement), G,raqtee shall have the right a.t Grantor's ~ole 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 per~nanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violatlon and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or To seek or enforce such other-legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement:. provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, ali reasonable attorneys' fees, court costs and other expenses Incurred by Grantee (herein called *Legal Expenses") In connection with any proceedings under this Section. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Hailed notice to Grantor shall be addressed to Grantors address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Hailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice In accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or two business days from the date of its mailing. ~,05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SlX 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 Ex~inoulshment This Easement gives rise to a property right and interest Immediately vested In the Grantee. For purposes of this Section 6.06, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, betweer~ the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred tQ as the ~Proportionaf:e Share"). In the event a material and potentially unforeseeable chartge In the conditions surrounding the Property makes inlposslble Its continued use for the purposes Contemplated hereby, resulting in en extingulshmeht of this Ea~emen~t by a Judicial proceeding, Grantor shall p~y teGrantee.an amount equal to the Proportionate Share of the fair market v, aJ,,.e of the Property at such t~e, lin the event of a sale by Grantor to an unrelated perSon su~sequertt to such extinguishment, or a transfer m,ade on a~co.~t of the exercis~ of the po,~ver of em.lne, nl; domain, the sale price or condemnation award shall est,'bUsh fair market v~lue. Absent such a sale, the Property's fair market value shi]ll be established by independent appraisal. ARTICLE SEVEN HISCELLANEOUS 7,0;~ Entire Understandinq This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7,02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be modified in accordance with the common and statutory law of the State of New York applicable to the modification of easements and covenants running with the land. [n addition, if the par~ies seek to amend this Easement~ and such amendment does not alienate any property rights acquired by Grantee herein, the Grantee shall hold a public hearing with due notice to consider the amendment. Such an amendment may be approved by a majority of the Town Board, provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation · Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Code governing "qualified conservation contributions". 7.03 Alie~ati~)l~. No property rights acquired by Grantee hereunder shall be alienated except upon the adoption of a local law authorizing the alienation of said Hghts and interest, by a majority plus one vote of the Town of Southold, following a public hearing and, thereafter, ratl~ed 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 place upon alienation of this property rights or rnteresbs which were acquired by the Town prior to any such amendment. 7.04 Severabilitv Any provision of this Easement restricting Grantors activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated, instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governinq Law New York Law applicable to deeds and easements pertaining to land located within New York shall govern this Easement In all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interoretation 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 o.f 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 be interpreted to grant, to the public any right to enter upon the Property. 7,08 Ba~ain/$ale Grantor may have the premises appraised by a qualified appraiser whose appraisal of the Promises may indicate a fair market value of the property in excess of the purchase price that Purchaser is paying for the Premises. Grantor is solely rasponSlble for obtaining said appraisal, and the Grantee makes no representations as opt the Pair market value of the Premises. If the above referenced appraisal Indicates a higher fair market value for the Premises that the purchase pdce set forth in this Grant of Development Rights Easement, Grantor intends to make a chedtable contribution to Grantee 0fl~e difference between the fair market value indicated in the above referenced appraisal and the purchase pdce paid by the Grantee, pursuant to Section 1011(b) of the Internal Revenue Code. 7,09 Warranties The warranties and representations made by the parties in this Easement shall survive Its execution. 7.~.0 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. 7.11 HeadinGs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN wirrNESS 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: ROBERT E. WEBBER ELEANOR C, WEBBER TOWN OF S. OUTHOLD(Grantce) //JoShua Horton' /' Supervisor STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this~'day ofc~'u~. bn the year 2004 before me, the undersigne(~ personally appeared ~oi[~_.~E. u~-~;, 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 indivldual(s~, or the person upon behalf of which the individual(s) acted, executed the Instrument. Notary Public ~ ~ Commission F..xpireS M~oh 21,r~0 ~~)ou~lfied In Suffolt( Cou STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this~''~ day of ~/~*c~,~_ in the year 200_4~ ,before me, the undersigned, personally appeared &/e~ ~-"~,, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Ou~ified in Suffolk Cou STATE OF NEW YORK) SS; COUNTY OF SUFFOLK) On the 3~.~1 day of c~(~Z._, in the year 2004 before me, the - _. __l_ undersigned~ a :;vt~.-/ n.,~;~ in _~-d F~..~ ~ pe~onally appeared 5OSHUA ~. HORTON, pe~onally known to me or proved to me on the basis of satisfacto~ evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same In his ~apacity as Supe~isor of the TOWN OF SOUTHOLD, and that by his slgnatu~ on the instrument, the individual, or the municipal corpo~tion upon behalf of which the individual a~ed, executed the instrument. R E C O R D E D C O R R E C T I O N E A S E M E N T ELIZABETH A. NEVILLE TOWN CLERK REGISTP~X~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 55 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 15, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute the Correction Easement and ancillary documents between the Town of Southold and Robert E. and Eleanor C. Webber regarding the Town's purchase of development rights, which closing occurred in June of 2004, due to an error in the legal description of the subject property (SCTM No. 1000-19-1-11.3), subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk IIIImlllflllllNllllll lllflilll IIBII IBIIIB ,gUI~'OLK COOH'I'Y CLIME RRCORDB Oi~l~':E~u RBCORDZI~ PAGB ~ o£ T,~etz~uee~t; RABBX~T/DOP ~,uN~: o! PigIi: 5 Roaeipt ~m_~4r t 05-0020977 TRAHSIPBIt TAX H~MBER: 04-30377 1000 Sectim~, Blcek~ 015.00 0X.00 BXAKIWED AMD CIIARGKDAg YOLLOWB $0.00 Received ~ FoXi~A~ F~s For Above TIA]fSIPBIt ?AX NUMBnt 04-30377 THXS XS ~ A BZLL E~ward P.R~maAne Coun~ CXerk, Igu££cXk County 02/25/2005 LTBBR; PA~.B: 012.. 006 $5.00 $X5.00 $0.S0 $30.00 $0.00 $75.S0 D00012373 672 Sub T, ml ~r~"~~) Edward F.l~oeim, L O~OOi ~,,~, Ii 2. Add~tiomd Sub Tatal ~l 1'~ ~l ~umy H~ r~ A~ ~ will be h~o~ by I one or two hmlly ~ mb. . ~mm~nlt~lio~ Fund S~mp 1000 01000 0100 011006 CPF'I'a~ Due $, /~ ~ ~ ~/ I I ~ f~~ m~l~: (SPECIFY TYPE C~ INSI~ )' l~e i~...bas hadn b ~.d,~ in o~IMMLEror SUFFOUC CouNrY, 1~ YORK. In ~'rowudip or~ ItLIXI~ 5 'II.IIIU g ~ lie 1Y ~ 0tt, ItllI¢11~ I1~ IILi.(X INK (]HI,Y PRIOR TO ~ OR FllJ NI~. CORREC'r~ON EASEMENT · GRANT OF DL~'VELt')Pt4ENT It~GHT~ :.,- _~ ~ D~_ED OF. DEVELqPI,'P::N~.. R.IGHTS EASEHENT, Is re.de on _me..e~-or_az~:~:~/_,. ,, 2005 at Southold, New York. The perUas are AV~WI~T E. Iqd ELEANOR C, WEBBER 'roSIdlnn ,eve ue, .ROO V , NeW YOmC 'Grantor"), end the'TOWN OJ: SOUTHOLD, · munlclpel corporation, having Ite pdndpal office at 53095 Haiti Road, P.O. Box 1179, Southold, New York (herol'nlcelI 'Grantee'). · WHEREAS, Grantor Is.the owner In fee simple of certain real property located In the Town o1' Southold, Suffolk County, New York, moro fully described In SCHEDULE A attached heroto, made e pert hereof and · survey dated .1uno 20, 2002, Mst revised December 22, · 2004, propered by Stanley 3. Zsaksen, Jr.; and herelnMter referred to as the "Property"; and WHEREAS, Ute Pmpert~ Is located In the R-80 Zoelng District of the Town of Southold which designation, to the extent pcesdbie, Is ' Intended to prevent the unneo~sary ~ of thcee currently open I, nds which contain prime a~lrlcuitural soils as outlined In the Town Cede of the Town of Bouthold, Sectlbel 100-30. The Property Is designated es part of Suffolk County Tax Hap Parcel Number 1000-19-1-11.3; and WHEREAS, the Property contains soils clr, g~;;;ed as Oass ! and ,d, nd by.. u,rm stat,, ~,~ ,.. ur ~ujncumJre :5oll Coflser%,affon Servlce's Soil Survey of Suffolk Cc}unty, New York; and · WHEREAS, the ProperLy I$'pa~t of the New York State Agricultural Distdc~ #7, and'the Grantor wishes to continue u~lng the Property In en agricultural cepeclty end as scenic open space as defined In the Town of $outhold; end WHEREAS, the Prope(cy Is currently Is agricultural use as ~ow crops; and WHEREAS, It Is the policy of the Town of Bouthold, as articulated In the Town's Nester Plan Of' 1973, amended In 1986 and 1989 os adopted by the Town Board, Town of Southold, and Section 272-e of the Town Law to proL'e~t envlronmantelb/sensitive areas, preser~ prfme agricultural soiis,,to protect the Scenic, open space character of th~ Town and to p. rotecl: the Town's fastat.and agricultural economy; and WHEREAS, the Property In Its present scenic, agricultural end development; and~'"''~ '~ .a~ rm~ oeen lUD~ect to any extensive- WHEREAS, Grantor end Grantee recognize the value end sP~.Isl character of the region In which the Property IS Iocet~l, and Grantor and Grantee have, In commen, the purpose and objective of protectlag and conserving the present state and Inherent, tenglble end Ird:anglble values of the Property as an aesthetic, natural, scenic and agricultural resource; and ' beb~een the fair m~ value Inc~ in Uu above rereren~cl aim and J ~b. nal~Code~, bY the Greflb~ Pursuaflt to Sec~on ,01 l(b) of b~e ~ / ~ wo~flffes and m~n~Uo~ ZN WZTNESS WHEREOF, Grantor has executed and delivered and G~ntee ha~ accepted and reoelved this Deed or Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEI~ED: ELEANOR C. WEBBER TOWN Ol~.SOUTHOLD(Grantee) BY: ~ Thfs ~s a correction e _~emenl~ I~t~ndecl to correct the distance along the fi;st CoUrse In an Instrument recorded In Uber ~.2~5 page 2S4. ,, b~ On this Z~4~lay of:3ra.w~ln the year 2005 bMIDre ~, ~e ~own ~ ~ ~ ~ ~ R~ E, ~ll~ ~1~ me on h ~ ~u~ ~ ~ Ind~duafCs) w~ fla~(s) ~a~) su~ ~e ~ment end a~w~ ~ me ~M h~ ~ ~e n~ Iff h~m/~er ~), and ~: ~lr sIg~s) on ~e ~fl~m~ ~ I~duaqs or ~e Pu tc ' ' ~n ~ay ~ ~/In ~ ~r 2~0= ~ u~e~lgned, ~11,. aL--~ '~ .~va ~ ~, ~ ~ ~e I~l~dual(s) who~ name(~) ~ (a~) ~ ~m~ and ~ ~ ~. ~ ....... ~ ~ ~ln ~U~ OF SUF~) .. OnCe ?~ ~yot (' ' ' ~ls ~ s~ a~ ~ ~ ~ I~ual w~ name su~ ~ ~e w~ln I~m~ and ~ ~ ~ ~t ~ ~ ~me In ~ ~ a~ S~ ~ ~ ~WN OF S~O~, and ~at ~ IndMdual, ~ ~e mun~l ~ ~ ~ I~ ~ ~ ~n ~ ~ wh~ ~e IndWell ~, ex~ ~ In~. Stewart Ti e Insurance Company ~ N~. 23-S-3143 Schedule A Description (AMENDED ALL bt eeflain plot, piece or prccl of land with the Ix]ildings and improvements thereon e~cted, sitmle, lying and being st Orient. Town of Southold, County of Suflblk and State or Ncw York and being bounded and described ns follows: BEGINNING at e point on the southerly lin~ of'Main Road (N.Y.S. Roum 25). distort 3277.00 feet more or less ensUfly f~om the comer formed by the intersection of the southerly line o1' Main Road with th~ costedy linc of'Nsm~w River Road; Thence South 10 degrees 08 minutes 40 seconds West, 183.71 feet; Thence No~h 84 degrees 20 minutes 51 soconds West 100.00 f~t~ Thence South 05 degrees 39 minutes 09 seconds West, ! 51.SS feet to the true point of beginning; Running theuee South 84 desrens 18 minutes 52 seconds East, 273.97 feeL; Theuee South 03 depens 40 minutes 19 seconds East, 993.36 Thenee North 86 degrees I I minutes 59 seconds West, 435.14 feet; Thence North 05 desrees 39 minutes 09 seconds ~ 994.46 feet m the point or place of Begiouing. TOGETHER with all right, title end ~ oftbc party or'thc first part, in and .to the land lying in the street in from of and ndjoinJng said prcmiscs. T I T L E P 0 L I C Y ALTA OWNER'S POLICY- 10-17-92 POLICY Of TITLE INSURANCE ISSUED BY STEWART TITLE® INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE ~EPT1QNS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSUI~ insures, as of Date of Policy shown in Schedule A;~,agaii Schedule A, sustained or incurred by the in~red by rea~on~ 1. Trtle to the estate or interest descdb~ in SchedL~! 2. Any defect in or lien or encumbrance!on the title; F'ANY, a New York corporation, herein called the Company, ~-net~ceeding the Amount of Insurance stated in efh~tJ~an~ated therein; 3. Unmarketability of the title; 4. Lack of anght of access to and fro~the land. The Company will also pay the costs, attomeysqees and~xpon~incu~ed imde~e'~nse of the ~e,~ :~ as insured, but only to the extent provided in the Condi~ons and Stipulations. IN ~qTNESS WHEREOF, Stewart 'r~e InsJrance Company has,caused this policy !o be signed and sealed by its duly authorized officers as of the Date of Policy shown in S6haJal~ A:; STEWART TITLE® Countersigned by: Secretary EXDLUSION8 FROM ~O~RAGE The following matre~are expror, sly exclnded fzom the coverage of this polio/and the Compony ~11 not pe/loss or damage, costs, altomeys' fees or expenses which arise by rea~ of: 1. (o) Any Iow, ordinance or govenreaotoJ regulation (indnding bul not Jimi~ to building and zoning laws, ordinances, or ~egulotions) restridieg, regulating, prohibiting or rdofingto (i) the occupancy, use, or enioymeat of the land; (ii) the charoder, dimensions or location of any improvmnent now or hereaflor eteded o~ the land; (iii) a separation in ownership or o change in the dimensions or arno of the land or any parcel of which the land is or was o part; or (iv) enviroorLentol protection, or the efT'ed of on,/vidotino of ft~ laws, ordinances or govornmeatol regulations, except Io the ~eot that a notice of the enforcement lbrnof or a notice of o deled, lien or encumbrance resulting [Tom a violation or alleged violation affecting the land has been recorded ia the public records at Dote of Policy. (b) Any govenrLeaioJ police power not excluded by (a) ahave, except to the extent thai o notice of the ~rdse thereof or a notice of o deled, lien or encumbrance resulting from o violoiion or alleged violation offedJng lb lend has been recorded in the public records et Dote of Policy. 2. RJghls of emJneai doreain uoless notice of the exercise lbreof has haen recerdnd in lb poblic records nt Dote of Policy, but nat excluding ITem cevaage any taking which has occurred prior to Dote of Policy which would ha binding on lb rights of a purchaser for value wilbai know{edge. 3. DeigN'Is, liens, e~cumbran~, adverse claims or other mattes: Ia) crec~d, sefJ~rnd, assamed or ngrend to by the iesurnd claimant; b) not knovin to ~ Company, not tar. ordeal in the public records at Dote of Policy, but leowa to lb Jesu[ed claimant and not disclosed in writing to the Company by lb insured claimant prior to the date lb insured daimant be:ama an insured under this policy; lc) resulting in no I~ or damage to the insured claimant; d) attaching or created sulzeqLeot to Dote of Policy; or e) resultieg in loss or damage which wauld not he, e been sustained if the insu[ed claireaai had paid ~lue for lb eatate or iaterest insurnd by this pulley. 4. Any claim which arises out of ~ transaction veslieg in the Insured the estate or interest insured by this policy, by reason of lb oporaflo~ of fnderol hanb'uptcy, state or similar aedi~' dghls laws, that is based on: the tmnsadio~ orang the estate or in,est insured by this policy being deemed e fraudulent conveyance or froudolent transfer; or lb tmnsadion c~ling the estate or interest i~red by this policy being deemed a preferential transfer except where the preferential transfa results ITom the failure: /ii~ to timely record the inmumant of transfer; or of such rorordetion to imparl notice to o porchasar for VOILe or a iudgmeai or lien creditor. 0-8831- 3 0 313 9 SCHEDULE A Title No.: 23-S-314. Date of Policy: 6/3/200~ Policy No.: O-8831- 303139 Amount of Insurance: $197~200.50 1. Name of Insured: Town of Soathold County: Suffolk 2. The estate or interest in the land described herein and which is covered by this policy is: Easement created pursuant to Grant of Development Rights Easement dated June 3, 200~, executed by Robert E. Webber and Eleanor C. Webber and the Town of Southold and to be recorded in the Suffolk County Clerk's/P, egister's Office. 3. Title to the estate or interest in the land is vested in: Town of Soutbold. 4. The land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 019,00 Block: 01,00 Lot: 011.003, ~,612 (7/93) Page 2 $ T £ W A R T T [ T L E INSURANCE COl'dP^NY Stewart Title Insurance Company Title No: 23-S-3143 Policy No.: 0-8831-303139 Schedule A Description ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York and being bounded and described as follows: BEGINNING at a point on the southerly line of Main Road (N.Y.S. Route 25), distant 3277.00 feet more or less easterly from the comer formed by the intersection of the southerly line of Main Road with the easterly line of Narrow River Road; Thence South 10 degrees 08 minutes 40 seconds West, 183.71 feet; Thence North 84 degrees 20 minutes 51 seconds West 100.00 feet; Thence South 05 degrees 39 minutes 09 seconds West, 151.55 feet to the true point of beginning; Running thence South 84 degrees 18 minutes 52 seconds East, 290.18 feet; Thence South 03 degrees 40 minutes 19 seconds East, 993.36 feet; Thence North 86 degrees 11 minutes 59 seconds West, 435.14 feet; Thence North 05 degrees 39 minutes 09 seconds East, 994.46 feet to the point or place of Beginning. ALTA OWNER'S 'POI .ICY Title No.: 23-S-3145 SCHEDULE B PolicyNo.: O-8831- 303139 EXCEPTIONS FROM COVERAGE ':,; . *2 = "' . ~' . This pohcy does not insure against loss or oamage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: I. Rights of tenant(s) or person(s) in possession if any. 2. Subject to water charges if any. 3. Survey made by Stanley J. Isaksen, Jr. dated 6/20/2002 (Notc: shows fine proposed development rights area agreement dated 5/4/2004) in which covers premises and more shows subje~ pr~mises as tmimproved vacant land; (16) Sixteen foot right of way (as set forth in Liber 10735 page 45) located; Farm Road along southerly part of premises. Company excepts any changes since the date oft_he survey used herein. 4. Right of Way set forth in Liber 10735 page 474. 5. Policy excepts any unpaid water, sewer or street f~ontage charges. 6. Terms and conditions of Or'ant of Development Rights Easement dated lune 3, 2004, executed by Robert E. Webber and Eleanor C. Webber and the Town of Southold and to be recorded in the Suffolk County Clerk's/Register's Offke. 4613 (2/93 Page 3 S T E W A R T T I T L E INSURANCE COMPANY ') STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY Title No.: 23-S-3143 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8831-303139 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or material furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipul,tions of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when signed below by a va dat ng/s gnatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations the' ein, except as modified by the provisions hereof. Signed on 6/3/2004 Stewart Title Insuranc~rCompany Authorized Office or Agent Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville, New York 11747 Agent No.: 327005 STEWART INSURANCE TITLE COMPANY STANDARD NEW YORK ENDORSEMENT (9/1/93) FOR USE WITH ALTA OWNER'S POLICY (10/17/92) NY-1002 CONDITIONS AND STIPULATIONS 1. DEFINITION OFTERMS. The foiling terms when used in this policy tnaan: Ca) "insured": the insured named in Schedule A, and, subject to any rights or defenses ,.e Company would have had against the nome] insured, thoso who succeed to the interest the named insured by operation of law as distinguished from purcbese including, but not limited to, heirs, distributeos, devisees, so~vieers, personal representatives, next of kin, or corpamto or fiduciary successors. Ic~) "iesured claimant": an insured claiming lees or demage. "knaw~edge" or "known": aduaJ knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records os defined in this policy or any other records which import construdive notice of matters affecting the land. Cd) "land": the land described or roferred to in Schedule A, and improvements a~xed theceto which by law constitute reel property. The term '1nad" does not include any prope~ beyond the lines of the area described m referred to in Schedule A, nar any right, title, interest, ~ato or eesoment in abulting sh'eets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall medify or limit the extent to which a right of occoss to and [TOm the land is insured by this policy. (e "mortgage": mortgage, deed of lrust, trust deed, or uther socerity instrument. (f~ public records: records established under state stututes ut I)ete of Poi cy for the purpose of importing conahuciive nation of matters relating to mol propady to purchasers for value and without knadedge. ~th respect to Sedion l(a)(iv) of the Exdusioes From Coverage, "public records" shall also indude environmental protection liens filed in the records of the clerk of the United States district coud for the distrid in which the land is located. (g) "uemurkntability of the title": on alleged or apparent matter affectingtbe title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest desctibed in Schedule A to be released [TOm the obligation to purchase by virhJe of a coniTaduol condition requiting the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE ~ coverage of this policy shall continue in force as of Iklte of Policy in fever of an insured only so long as the insured retains na estate or interosl in the land, or holds an ,,~jFle~edness secured by a purchase money medgage given by a purchaser ftom the insuied, ~ o~ly so long as the insured shall have liability by reason of covenants of warranty mede by ~ insured in any transfer or conveyance of the estate or interest. This policy shall not continue in farce in '[aver of any purchaser [Tom the insured of either (i) an estate or interest in the land, or (ii) an indebtedn~ secured by o purchase menny mortgage given to the 3. NOTI~ OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall natify the Company promptly ia ~iting (i) in case of any litigation as set forth in Section 4Ca) below, (ii) in case knowledge shall come to en insured hereunder of any claim of fitle or intor~ which is adverse to the title to the ~ute or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estato or interest, as insured, is rejected as unmarketable. If prompt notice shell not he given to the Company, then as to the insured all liobilg? of the Company shall Im-minote with regard to the matter or muttors far which piompt notice is required; provided, however, that failure to natify the Company shall in na case prejudice the rights of any insornd under this policy unl~ the Company shall be prejudiced by the failure andthueon totbemdnatofthe rejudice. 4. DEFENtE ~D PROSECUTII~ OF ACTIONS; DUIY OF INSURED C!.AIMANT TO COOPERATE. Ca) Upon wrttten request by the insured aed subject to the options centoined in Sediue 6 of ffeso Conditions and Stipulations, the Company, at its nwa cost and without unreasonable delay, shall provide for the defaose of an insured in Jitigution in which any third porly asserts a claim adve~ to the title or interest as insured, but only as to th~ stated cous~ of octio~ alJnging a defect, lien or encombrance or other matter insured agaiesi' by this policy. The Com~ny ~11 have the right to seled counsel of ils own thoice (subject to the tight of the insured to obied for rnasonable cause) to reprint lie insured os to th~ si'ated causes of adion and shall not be liable ~ and will not pay the fees of any other cenasd. The Company wiJJ not puy any fees, costs or expenses incurred by the i~red in lie defense aiL( those causes of adfue which ollnge metiers nat insured against by this policy. ~11 Cb) The company shall have the right, at its nwa cost, to institoto and pro~te any action or procaeding or to do nny other act which ia its opinion mey be no~ry or desirable to establish ~ title to t~ ~ate or interest, as i~red, or to prex~t or reduce'loss or damage to the insured. The Company may toke any appropriate adion under the terms of this puJicy, whether ec not it shall ha liable harnander, nad shell not thereby concede IJobilily Cc) Whenever the company shall have brought an ndion or interposed o defense as required or permitted by the provisions of this policy, the company mey pursue any litigation to final determination by a court of competent jurisdidiue and expressly renames the right, in ils sole discretion, to appeal dom any a~rse judgmenl or order. Cd) In all cases where this policy permits or requires the Company to prosecute or provide for the defenso of any adion or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the adion or preceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insorecl, ut the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the adion or proconding, or etfading settlement, and (ii) in any uther lu~l ad which in the opinion of the Company may be necessary or desirable to establish the title to the ~ate or iaterosl as insured. If the Company is pre udiced by the failure of the insured to famish the rngui~ cooperation, the Company's obligations to the insured under the policy shall termin~, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or marl'ers requiring such cooperation. 5. PROOF OFLOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations hove been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be famished to the Company within 90 days alter the insured claimant shall ascertain the fads giving rise to the loss or damage. The pmaf of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the Ix]sis of loss m domqge and shall state, to the extout possible, the basis of calculating the amount of the I~ or damage. If the Company is tirejudiced by the failure of lhe insured claimeut to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosocoie, or continue any litigation, with regard to the mutter or rnoiters requiri eg such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examinotiou, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the, Company, nil records, books, ledges, checks, correspondence and memoranda, whetbe? ~tin9 a date before or after ~e of Policy, which reasonably petoin to the loss o, damage. Furthm-, if requested by any authorized representative of the Company, the hsured claimant shall 9raut ils permission, in ~tin9, for any authorized representative of thu Company to examine, iespod and copy all records, books, Jedgecs, checks, correspondence and memoranda in ~ custody ec corrrrol of a thirdporty, which reasonably podain to the Joss or derange. All information designated as confidential by the insured clairnont provided to the Company pursouut to this Section shuII not be disclcr-~d to others unless, in the reasonable iedgmeut of the Company, it is necossue/ in the ndministrafion of the claim. Failure of the insored claimant to submit far examinutiou under oath, produce other rnosonably requested information or 9rout permission to secure rnosonably nacesmry information ftom third parties as required in this paragraph shall torminato any liabilily of the Company under this paJicy es to that claim. 6. OPTIONS TO PAY OR OTHERWISE SEITLE ClaIMS; TERMINATION OF LIABILI'IY. In case of a claim under this policy, the Company shall have the following additional options: Ia) To Pay qr Tender Pay~!entoftbe~ouetoflnsg. ran. ee.. o pay or tender paynl~t of the amount ut insurance under Ibis polio/together with any costs, attorneys' fees ged expenses incurred by the insured daimeut, which wore authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, oil liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liabilily or obligation to defend, prosecute, or continue any litigation, and the policy shall be sorrende~ed to the Company for cancellation.. Cb) To Pay or Othe~se Seltle Wilh Parties Other than ~ Insured or ¥~th the Insured Claimant. (i to pay or othe~so settle with other pa~ns for or in the name of on claimant any claim insured against under this pa icy, together with any cosls, attorneys fags and expenses incurred by the insured dnimuet which were authorized by the Company up to the time of payment and which the Company is obligated to pay; er (ii) to pay or othe~so seltle with the insured claimeut the Joss or damage lrovided for under this policy, tegether with any costs, uttecne/s' fees and expenses incurred y the insured cloiment which '.ere authorized by the Company up to the time of payment or waive any provision of this policy. If the Company shall '~?dse it rights under,this paragraph, it shall do so diligently, and wh[th the Company is aL ~d to pay. ~aontinued and concluded from~ rev, er~.e s.ide of Policy Face . Upon the exercise by the Company of either ef the opti ~ovided for in parog~phs (b) When liobilgy on i extent of loss or damage hes been definitely fixnd in (b)(i) or (ii), the Company's obligationsto the insured under this p~Iio/for th~ claimed Io~ or accordance with these Conditions and Stipulations, the Io~ or damage shall be payable damage, other than the payments required to be erode, shall terminate, including any liabilriy or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. , This policy is a conhod of indemnity against adual manetan/loss or damage sustained by the insured claimant who has suffered loss or damage by reason of melters insured against by this policy and only to the extenl herein descriJ~. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) de difference beti,,~m the value of de insured estate or inter~ os insured and the value ef the insured estate or interest subjed to the defect, lien or enaJmbrance insured against by this policy. (b In the avant the Amonnt of Insurance stated in Schedule A at the Bate of Policy is less den 80 percent ef de value ef de insured ~ate er interest or de fo consideration paid f~r the estate or interest, whichever is less, or if subsequent to the Bate of Policy an impro~ment is eroded on de land which iaaeases the value of the insured estate or inter~ by at least 20 percent Mr de Amount of Insurance stated in ~edule A, then this Policy is subject to the foll~ng: (i) where no subsequent Jmpro~mant has been made, as to any poffial Joss, the Company shall only pay the Joss pro rata in the proportion that the amount of i~rance at Ba~e of Polio/bears to de total value of the insured ~nte or interest nt Bate of PelJo/; or (ii) where n subseqaeta improverent has been made, as to any padiol loss, the Company shall only pay the loss pro rata in the propatiion that 120 percent of the Amount of I~mnce stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall ~ apply to costs, attorneys' fees end expenses for which the Company is liable under this policy, and shall only apply to thut podion of any loss which exceeds, in the aggregate, 10 percent of the Am~nt ef Inseroece slated in Schedule A. (c) 'Jhe Company will pay only those costs, ~eme/s ~ and expenses incurred in accedence vAth Sedion 4 of ~ Conditions and Stipolntions. 8. ~RTIONMENT. Osha If the land described in Schedule A consJ~ of lwo or mare parcels which ere not used as single site, and a loss is established effedJng one or mare of the parcels but not all, the less II he computecl and settled on a pro rata basis as if the amount of insurance under this policy ~as divided pro rate as to de value on Date of Policy of each separnte parcel to de whole, exclusive of any improvements made subsequent to ~e of Policy, uele~ a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured ut the time of the issuance of this polio/and sho~ by on ecpress statement or by on endorsement attached to this policy. 9. UMITATION OF U~ILI1Y. (a) If the Company establishes the rifle, or removes the alleged defod, lien or encumbrance, or cores de lack of o right of access to or from the land, or cores tie claim of unmarketability of rifle, all os insured, in o reasonably diligent mannm by any method, indeding litigation and the completion of any appeals thmefrom, it shall have folly preformed ils obligations with rasped to that matter andshell not be liable for any loss or damage ceased thereby. (b In the event of any litigation including lirigofion by the Company or ~th the CompaWs consent, the Company shall h~ no liabilily for loss or damage unti there has been o final determination by a coud of competent jurisdiction, and dis~onsiflon of all aphis therefrom, o~rse to the title as insured. (n) The Company shall not be linBe for I~ or damage to any insured for liability valunmtily assumed by de insured in se~ing any claim or suit without the prior wTgten consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF UABILI'P/. All payments under this polio/, except payments made for cosis, attorneys' Lee end expenses, shell reduce the omnont af the Jnsemnce pro tante. 11. LIABIUIY NONCUMULATIVE. It is expressly understood ~ the omnont of insurance under this policy shall he reduced by any amount de Company may pay under any polio/insuring a mad-gage to which ,~xcegtion is taken in Schedale B or to which the insuredhas agreed, ossomad, er taken ~lJbjed, or which is hereafter executed by an tenured and which is o charge or lien on the '--'estate er interest desaibed or referred to in Schedule A, and the amount se paid shall be deemed o payment under this policy fo de insured owner. 12. ?AYMENT OF LOSS. (o) Ne payment shall be ~de without producing this polio/for endowment of the payment unless de policy hes been lost or d~pyed, in which case proof of Joss or d~ucfion shall be famished to the sefisfodion of the Company. within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SE'n'LEMENT. (o) The Company's Rioht of Subrogation. Whenever de Company shall have ~nd and paid a claim under this policy, all right of subrogation shall ~t in the Company unaffed'ed by any ad of the insured claimant. The Company shell be subraguted ta and be entitled to all righls and remedies which the insured claimant would have hod against any person or properly in rasped' te the daim hod this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company nil rights and remedies agei~ any person or property necesseq/in order to perFed this right of subrogation. The insured claimant shall permit the Company to sue, compromise or serde in the name of the insured claimant and to use de name of the insured claimant in uey lTansedion or litigation involving these rights or remedies. If a payment on account of a daim does not flJlly co~ de loss of the insured claimant, the Company shall be sebragated to these rights and remedies in the proporlion which the Company's payment bears to de Whole amount of the loss. If loss should result from any act of the insured claimant, os stated above, det od shall not void this policy, but the Company, in that event, shall be required to pay only that parr of any les~ insured ageiest by this policy which shall exceed the amount, if any, lost te the Company by reason of the impairment by the insured daimant of the Company's tigB of subrogation. (b) The Company's Rights Against Non-insured Obligexs. The Company's right of subrogation against non-insored obligors shall exist and shall include, withuet limitation, the dghls of the insured te indemnities, guaranties, other polities of insurance or bends, notwithstaediag any tams or conditions contained in those inshumanls which provide for submgarion rights by reason of this policy. 14. ARBITRATION Unle~ prohibited by applicable law, either the Company or the insured may demand arbilrariue pursuant te the Title Insurance Athihaflon Rules of Ihe American Athittntiue Association. Arbitrable melters may include, but ore not limited to, any controvemy or claim between the Company and de insured arising mJt of or relating to this polio/, any se~ce of the Company in coneadion with ils issuance or the breach of a polio/provision or other obligation. All othihablo matters, when the Amount of Insurance is $1,0CO,000 or J~ shell be arbitrated al the option of either the Company or the insured. Ail arbihable matters when the Amount of Insurance is in excess of $1,0CO,0(]0 shall he othittnted only when agreed to by both the Company and the i~red. Arbitration parsueut to this polio/and under the Rules in affect on the date the demand for arbitration is made or, al the option of the insured, the Rules in effect at Bate of Policy shall be binding upon the parties. The award may indude attorneys' fees only if the laws of the state in which de JaM is located permit a court to award altomeys' foes to a prevailing pariy. Jndgrnaut upon the award rendered by de ArbitTutor(s) may he entered in any coud hinting jurisdiction thereof. The/aw of de situs of the land shall apply to on arbitration under the .rifle Insurance Arbitration Rules. A copy of de Rules rnoy be eblained rom the Company upon request. 15. LIABILI1Y LIMITED TO THIS POUCY; POUOf ENTIRE CONTRACT. (o) This policy tagether with all endorsernenls, if any, attached hereto by de Company is the entirepalicy and contrnol helwoen the insured and de Company. In interpreting any provision of this policy, this policy shall he conshued as a whole. (b) Any daim of loss or damage, whether or not besed o~ nngligenco, and which arises out of the status of the tille to the estate or interest co~eced hereby or by any action nssediag such dain~ shall be restrided to this policy. (c) No amandmanl of or endorsement to this policy con he made ex~egt by o ~fing eedo~"d hereon or attached berate signed by either the President, o Vice President, the Sevetan/, on Assistant ~reta~/, or volidariag officer or authorized signoton/of de Company. 16. SEVERABIU'ff. In the event any provision of de polio/is held i~lid or uueeforcenble under applicable law, the polio/shall be deemed not to include that provision and all other provisions shall remain in full force and offod. 17. NOTICES, WHERE SENT. Ail noricos required to he 9ivan the Company and any statement in wdtin9 required to be famished de Company shall indeda the num~ of this polio/and shell be addressed to de Company at 300 East 42nd Street, NewYerk New York 10017. ~TEWART TITLE® STEWART TITLE® STEWART TITLE® 300 East 42nd Street New York, New York 10017 STEWART TITLE® INSURANCE STEWART TITLE® 300 E. est 42nd Street New York, New York 10017 STEWART TITLE® INSTANCE STEWART TITLE~ 300 East 42nd Street New York, New York 10017 N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS I am the owner of J'. 7'/-~ acres of active farmland and/or '-- acres of non- farmland, situated at Suffolk County Tax Map No 1000-019.00-01.00-011.003 and, 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, I 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 TOWN OF SOUTHOLD By: a~. H~~i:or Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 Landowners STATE OF NEWYORK ) )SS: COUNTYOF SUFFOLK ) On the ~rc-~day of;~U,.¢,.¢~ ,2004, before me personally appeared JOSHUA Y. HORTON, 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. KAREN J. HAGEN NOTARY PUBLIC, State of New¥o~ NO, 02HA492707 / Notary Publi (2ualified in Suffolk County Commission Expires March 21, 2(7-~'~_~ STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the ~'~ day ~'~ , 2004, before me personally appeared Robert E. Webber, personally known to me or ~rovided 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 owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the Notary ' ~ NOTARY pIp(A¢¢LINcJ, '~ tHa/~eG oEfNN ew York No, 02HA4927029 Qualified in Suffolk County STATE OF NEW YORK ) )ss: Commission Expires March 21, 20 ~ COUNTY OF SUFFOLK ) On the ~'~'¢ day ~'~ , 2004, before me personally appeared Eleanor C. Webber, 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 she executed the same in her capacity 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. /~ KAREN J. HAGEN Notary Public "- /~} /'"\ NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County Commission Expires March 21, 20 P R O P E R T Y R E C O R D S MELISSA A. SPIRO PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To' From: Date: Re: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Melissa Spiro, Land Preservation Coordinator June 3,2004 ROBERT E. WEBBER & ELEANOR C. WEBBER to TOWN OF SOUTHOLD SCTM #1000-19-1-plo 11.3 Please be advised that the Town has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: OWNERS: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: FUNDING: MISCELLANEOUS: 32300 Main Road, Orient Robert E. Webber and Eleanor C. Webber, his wife Closing took place 6/3/04 $197,200.50 ($24,500/acre) PDR total acreage = 8.414 (includes 0.365 ROW) (purchase price based on 8.049 buildable acres) CPF (2%) Funds and Open Space Capital Funds This property is listed in the Town's Community Preservation Project Plan. 6§,243*56 DESCRIBED PROPERTY ORIENT, TOWN OF SOUTHOLD SUFFOLK GOUN'D~, N.Y. SURVEYED FOR: ROBERT E. W~BBER P.O, BOX 294 29 OLD 10.{ ~[~ File Edit View Toolbar Window Help 19.-1-11.6 Chapel =ir~t Name: Add Ona Add State: Zip Code: NY - 11719- Trust Ready I I I I I I I I I I I I I I I DIST: SECT.: 019.00 BLOCR: 01.00 ~ OT: (~11.001 TN/51Ni)ENTt~F~m~th~ ")/~-yo! /~-ff ,ni~tccnh~d,~d eighty-seven ROBERT E. ~BBER~,. rez~d~ng at 35 Chapel Avenue~ Brookhaven New York ~RI~ SE~ION BL~ LOT o 12 17 21 ~ ROBERT E. ~EBBER and ELEANOR C. ~EBBER as tenants in common, residing at 35 Chapel Avenue, Brookhaven, New York succc~ors ~d ~i~s of d~ ~rr/of the ~ ~ AII t~c ~min p~, p~ ~1 of ~, with t~ ~ildin~ yng ~ ~in~ ~ a~. Or~e~ ~fl ~he Town o~ Sou~ho~d, County o~ and State of New York, being more 'particularly bounded and described as follows: BEGINNING at a point on the southerly line of Ma[n Road (N.Y.S. Route 25) where same is intersected by the'~asterly line of land now or formerly of Joyce Burton, sa~d point or place of beginning being 3,277 feet more or less easterly from the corner formed by the intersection of the southerly line of Main Road with the easterly line of Narrow River Road easterly along the southerly line of Main Road along a curve to the right havin~ a radius of ~877.08 feet a distance of 67.9~ feet; THENCE South 62~ 52~ 25" East still along the southerly line of Main Road 70.~7 feet to land now or formerly of Louis Tuthill Estate THENCE South 3~ 40' ~9' East along last me.tio.ed [and, ~282.~] feet to land now or formerly of Roy Latham; THENCE North 86° ~ 59" ~est along last me.tio~ed land, 45].28 feet to land.mow or formerly of Lloyd Terry; THENCE~North 5~ 39~ 09" East along last mentioned land, ~46.0~ feet to land now or formerly of 3oyce Burton; THENCE South 84~ 20~ 5~' East along last ment$oned land, ~00 feet; THENCE North ~00 08~ ~0" East still along last mentioned land, J83.7 'feet to the southerly line of ~ain Road at ~he point or place of BEG~NINC. BEING AND INTENDED TO BE premises conveyed in deed dated February 21, 1980; recorded in the Office of the Suffolk County Clerk March 6, 1980 in Liber 8788 page 415 TO~ETHEII. with all ri&,ht, d~k ~ ~ter~ if ~. ~ ~ ~ of t~ ~ ~t ~ ~ m ~ny s~s ~ AND the party of the ~st pazt cov~nu thnt tile p~v/of the ~s~ p~t Ires not done or su6e~=d nnythlng whereby tl~ uk] p,,~.!~'l here J~en encumJ~ in my Why whale~cf, ~ept ~s AND the pan7 oJ the h lm~ in compliance with Semion 13 of the lien l.w, ~ovelunt$ that the p~rty of th~ j~rt will ~cce~ve the I:on~til~ fo~ this c~'~vey~nce and wiH ho~J the ti~lt to t~.~ive ~ consideration as trt~ ~ to he applied f~st fo~ the pUrl~Se of l~yin& thc c~t Of the impluvement smd wiJJ ipply the same tJ~ j~yll?~t o~ tJ~ cost of tJ~ ~flpmvel~l~t J~o~e US~I~ il~J JX~t ~ t~ tOt~ Of t~ ~ f~ ~y Ot~ puff. A E R I A L S U R V E Y LIL 98C cD. :IRE FRAME 0,00" SHED 65,245,56 S.F. 22.7' SURVEY OF DESCRIBED PROPERTY SITUATE ORIENT, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: ROBERT E. WEBBER GUARANTEED TO: ROBERT E WEBBER STEWART TITLE INSURANCE CO. TOWN OF SOUTHOLD t. lL gSJ 290.18 "-~,- /' AREA OF PROPOSED CONVEYANCE OF DEVELOPMENT RIGHTS EASEMENT OFFERED TO THE TOWN OF SOUTHOLD 8.414 ACRES THIS AREA INCLUDES THE RIGHT OF WAY ALONG THE EASTERLY PROPERTY LINE ADJACENT TO THE DEVELOPMENT RIOHTS BEING OFFERED AND CONSISTING OF 0.565 ACRES. HOWARD J. HOEY REPUTED OWNER TM# 1000-019-01-115 TOTAL LOT AREA = 451,766,72 S.F, OR 9912 ACRES TOTAL LOT AREA: ........................ 9 912 ACRES MINUS AREA TO BE RETAINED ..1 498 ACRES DEVELOPMENT RIGHTS OFFERED ...... 8414 ACRES FINAL SURVEY N 86'11 '59"W N 86' 11'59~ FARM ROAD DIANA LATHAM REPUTED OWNER DEVELOPMENT RIRHT~ ~',~ ...... 435.14' 451.28' 5. 4 MAY 04 FINAL PROPOSED DEVELOPMENT RIGHTS AREA AGREEMENT. 2. 27 APRIL 04 PROPOSED DEVELOPMENT RIGHTS LiNE AGREEMENT. 1. 29 AUG 05 PROPOSED 1.5 ACRE LOT LINE CONFID. SURVEYED: 20 JUNE 2002 SCALE 1"= 100' AREA - 451,766 72 SF OR 9.912 ACRES SURVEYED BY STANLEY d. ISAKSEN, JR. P.O. BOX 294 NEW SUSFOLK. N.Y. 11956 /NYS L/c, ~o. 4927.3