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Booth, Edward & Patricia S
�©Su�Fat/(�o 1000-51-2-896 C - (f/k/a 1000-51-2- p/o 7 & p/o 8) t** Baseline Documentation 41 Premises: 15780 & 17240 Sound View Avenue Southold, New York 21.8647 acres Development Rights Easement EDWARD C. BOOTH and PATRICIA S. BOOTH to TOWN OF SOUTHOLD Easement dated June 14, 2005 Recorded June 22, 2005 Suffolk County Clerk - Liber D00012393, Page 790 SCTM #: 1000-51-2-8.5 (Vk/a 1000-51-2-p/o 7 & p/o 8) Premises: 15780 & 17240 Sound View Avenue Hamlet: Southold Purchase Price: $8019212.80 (21.6544 buildable acres @ $37,000/acre) Funding: Community Preservation Fund (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 28.3647 acres Development Rights: Lot #1 — 21.8647 (includes 0.2103 acre of right- of-way areas excluded from purchase price) Building Envelope: 3.0 acres (additional acreage located within Lot#1) Additional Lots Created: Lot #2 — 1.5 acres Lot #3 — 2.0 acres Zoned: A-C Existing Improvements: In May 2005 — none I I I I I ! I ! I I i ! VALUATION WiTH DEVELOPMENT RIGHTS DESCRIPTION LAND The subject is a parcel of land having an area of 22.382+ acres. It is part of a larger parcel which has an irregular shape with 412+' of non contiguous frontage on the northerly side of North Road. This is in two sections (162_+' and 250_+') separated by a separate tax lot and 874_+' of non contiguous frontage on the southerly side of Soundview Avenue. Its maximum depth is 2,511_+'. The average width of the property is approximately 625' (estimated from deed plot). The subject is a 22.382_+ acre portion of the above described property. The above dimensions are taken from the Suffolk County Tax Map and the last deed of record for the subject. We have included a copy of the Tax Map in the addenda to this report. The appraisers have not been furnished a sur,/ey depicting the actual subject, but rather a concept sketch. The subject will not have frontage on North Road but, will likely have 600_+' of frontage along Sound View Avenue, and have roughly 1,300+' of frontage along Mt Beulah Avenue. Note that these dimensions are estimated from the tax map of · the overall property and a hand drawn overlay of the subject property. Utilities (electric and telephone) are available along the property's road frontage. Each of the abutting roads are two way, two lane, publicly maintained macadam paved roads. Public water is not available in this area, however, according to a map prepared by the Town of Southold, North Road, Mt Beulah Avenue, and Sound View Avenue are all potential future water main locations in the subject area. VEN I ! I I I i I ! 1 ! I I DESCRIPTION (CONTINUED) LAND (CONTINUED) The property has a generally level topography and is mostly cleared with some areas being sparsely wooded. It is situated at or near grade with the abutting road and is in use for agricultural purposes. Land use surrounding the subject is primarily vacant and improved residential properties. IMPROVEMENTS The subject is vacant land. PRESENT USE AND OCCUPANCY The subject is vacant land. t0 GIVEN A P P R A I S A L R E Q U E S T LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, August 24, 2004 Members Present: Ray Blum, Chairman Eric Keil SZK C I °v'V' Michelle Zaloom Fred Lee John Sepenoski 1 (Jz .r11z0 q- uL Members Absent: Craig Arm Ybt t � m I✓1 Llfpw Ray Huntington o Also present: Bill Edwards, Town Board Liaison Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Commencement: The meeting began at 7:16 p.m. Five LPC members present. "k Vote for acceptance of 813/04 minutes held until next meeting. Applications: The members entered into EXECUTIVE SESSION. • BOOTH & OTHERS PROPERTY: SCTM#: 1000-51-2-8 Location: 17240 Soundview Avenue, Southold Total Acreage: t27.54 acres Zoned:, A-C CPF: yes Discussed status of contract, LPC offer, and correspondence from landowner. MOTION made by Eric Keil, seconded by Michelle Zaloom, to increase offer subject to an updated appraisal supporting the value of the offer and signing the contract within thirty(30) days of receiving the updated appraisal. Motion carded 510. LAND PRESERVATION COMMITTEE MEETING TUESDAY, SEPTEMBER 3, 2002 MINUTES Z1<CQ S ���7 byyl 9���2ooZ c,nL Present were: Ray Blum, Reed Jarvis,Bill Edwards, John Sepenoski, Ray Huntington, Fred Lee,Eric Keil, Melissa Spiro and Carrie Cullen. Ed Booth conservation easement=50-2-15 & 51-2-8—the Committee again discussed this property. An appraisal will be ordered. P R 0 P E R T Y V I S U A L S 0 N G~ I S L A N D ! I I I I I I ECONIC II9' £and~ SO I HAGSTROM LOCATION MAP ~? Tax Map Location ") R--8£ . ~----- -[oWN Zoning Map I SUBJECT PHOTOGRAPHS I I I I I I I I I I I I I View of Subject - Facing $outhwestedy View of Subject - Facing Southerly 65 I I I I I I I I I I I I View Southerly Along Mt. Beulah Avenue View Westerly Along Sound View Avenue E N V I R O N M E N T A L S U M M A R Y I I I I I I I I I I I I I I Phase I Environmental Site Assessment Booth 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. The subject property lies in the Hamlet of Southold, Town of Southold, County of Suffolk, New York. The property is located on the southwest comer of Sound View Avenue and Mount Beulah Avenue. The property is more particularly described as Suffolk County Tax Map # 1000- 51-02-7 & 8. The subject property consists of approximately 21.86 acres of a larger 28-acre site. The subject property consists predominantly of an open, grass covered field with several interspersed, mature trees and several small, wooded patches. The grassy areas appeared to have been recently mowed. The property has a gently rolling topography. Several wooden bird houses were observed on the southern portion of the property. Mowed trails traversed the property in several areas. No building foundations or evidence of former buildings were observed on the property. No staining, residue, odors, or stressed vegetation was observed on this portion of the property. No Sanborn map coverage was available for the subject property. Aerial photographs from 1938, 1969, 1976, 1980, 1994, 1999 and 2001 were reviewed in order to determine if any prior uses occupied the site. In the 1938 aerial photograph, the property and much of the surrounding area was used as farmland. In the 1969 to 2001 aerial photographs, agricultural activities had ceased and several trees were apparent on the property in the 1980 to 2001 aerials. The USGS Mattituck Quadrangle map dated 1956 depicted the subject property as vacant land. 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 within one-half (0.5) mile of the site. Specifically, one (1) closed spill was noted in the vicinity of the 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. However, it the property is to be utilized for residential purposes in the future, soil samples should be collected and analyzed for the presence of pesticides and metals. I INELSON, POPE & VOORHIS, LLC ENVIRONMENTAL * PLANNING · CONSULTING FIGURE 1 LOCATION MAP Booth Property, Southold Phase 1 ESA I I I I I I I I I I I I Source: DeLonac Street Atlas Scale: Not to Scale NORTH I I I I I I I I I I I I I I I FIGURE 2 AERIAL PHOTOGRAPH Source: NYSG1S Orthoimagery Program, 2001 Scale: 1" = 300' Booth Property, Southold Phase I ESA NORTH + ! I I I I I I ! I ! I I i I I ! FIGURE 3 Booth Property, Southold Phase 1 ESA WATER TABLE MAP b~te Locar~o~~ . ~ ,,'" ~ , , 75435 ~53328 ~ "'>" ,,, 51185 Source: SCDHS Water Table Contour Map, 1999 Scale: 1" = 8,000' NORTH I OVERVIEW MAP - 1286351.2s - Nelson, Pope & Voorhis LLC Target Property Sites at e~evations higher than or equal to the target property Sites at eievations lower than the target property Coal Gasification Sites National Priority List Sites Landfil~ Sites lDept. Defense Sites ! ~TARGET PROPERTY: ~ADDRESS: .L_ CITY/STATE/ZIP: IL ATILONG: Indian Reservations BIA Oil & Gas pipelines 100-year flood zone 500-year flood zone Federal Wetlands State Wetlands BoothPrope~y 17580 Sound Avenue So.hold NY 11971 41.0830/72.4328 CUSTOMER: CONTACT: INQUIRY Cf: DATE: Nelson, Pope & Voorhis LLC Madssa Da Breo 1286351.2s October 12, 2004 3:08 pm 2 Mites I DETAIL MAP - 1286351.2s - Nelson, Pope & Voorhis LLC I I I I Target Property Sites st e~evat~ons higher than or equal to the target property Sites at elevations lower than the target property Coa~ Gasification Sites Sensi~ve Receptors National Priority List Sites Landfill Sites Dept. Defense Sites indian Reservations BIA Oit& Gas pipelines 100-yearflood zone 500-yearflood zone Federal Wetlands State Wetlands ;ET PROPERTY: Booth Property CUSTOMER: Nelson, Pope & Voorhis LLC ADDRESS: 17580 Sound Avenue CONTACT: Marissa Da Breo CITY/STATE/ZIP: Southold NY 11971 INQUIRY Ct: 1286351.2s LAT/LONG: 41.0830/72.4328 DATE: October 12, 2004 3;08pm I PHYSICAL SETTING SOU RCE MAP - 1286351.2s County Boundary Major Roads Contour L~nes Earthauake epicenter Richter $ or grea[er Water Wel~s Pubtic Water Supply Wells cluster of Multiple icons ITARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: LAT/LONG: Closest Hyctrogeologlca~ Da~ Sooth Property 17580 Sound Avenue Southotd NY 11971 41.0830 / 72.4328 CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Marissa Da Breo 1286351.2s October 12, 2004 3:08 pm 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 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.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 738 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 5, 2004: RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ October 19, 2004 at 5:05 p.m, Southold Town Hall, 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on a certain parcel of propert~ owned by Edward C. Booth, et al. Said property is identified as SCTM #1000-51-2-7 and 1000-51-2-8. The properties are located on the south side of Sound View Avenue, the west side of Mt. Beulah Avenue and the north side of Old North Road, in Southold. The development rights easement comprises approximately 21.8647 acres of the 28.3647 acre parcels. The exact area of the development rights easement is subject to the survey. The purchase price is $37,000 (thirty-seven thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural, open space and scenic values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. 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 Tuesday, October 19, 2004 at 5:05 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on a certain parcel of property owned by Edward C. Booth, et al. Said property is identified as SCTM #1000-51-2-7 and 1000-51-2-8. The properties are located on the south side of Sound View Avenue, the west side of Mt. Beulah Avenue and the north side of Old North Road, in Southold. The development rights easement comprises approximately 21.8647 acres of the 28.3647 acre parcels. The exact area of the development rights easement is subject to the survey. The purchase price is $37,000 (thirty-seven thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural, open space and scenic values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. Dated: October 5, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON OCTOBER 14~ 2004~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Town Attomey Town Board Members Melissa Spiro (4) Town Clerk's Bulletin Board HEARING ON THE SOUTHOLD TOWN BOARD PUBLIC HEAR1NG October 19, 2004 5:05 P.M. PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON PROPERTY OF BOOTH~ ET AL~ SCTM #1000-5-2-7 AND 1000-51-2-8. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Absent: Councilman John M. Romanelli COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, October 19, 2004 at 5:05 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on a certain parcel of property owned by Edward C. Booth, et al. Said property is identified as SCTM # 1000-51-2-7 and 1000-51-2-8. The properties are located on the south side of Sound View Avenue, the west side of Mt. Beulah Avenue and the north side of Old North Road, in Southold. The development rights easement comprises approximately 21.8647 acres of the 28.3647 acre parcels. The exact area of the development rights easement is subject to the survey. The purchase price is $37,000 (thirty-seven thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural, open space and scenic values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. COUNCILMAN WICKHAM: And there is a notice that this legal has appeared on the Town Clerk's bulletin board and it must have been in the local newspaper. That is all I have. SUPERVISOR HORTON: It was. It was in the local newspaper. Would anybody care to address the Board? October 19, 2004 2 Public Hearing- Booth property MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro, Land Preservation Coordinator. This project involves the development rights easement, as Councilman Wickham mentioned, on approximately 21 acres of the 28 acre property. The Booth's are before the Planning Board to change the location of an existing small, separate building parcel to the south side of the property on Mt. Beulah Avenue, to create an additional residential lot on the comer of Mt. Beulah and Old North Road and to create a building area off Soundview Avenue attached to the lot which will contain the 21 acres of development rights easements. When the project is completed, there will be the potential for three residential dwellings on this 28 acre property and a development rights easement of 21 acres. The Land Preservation Committee feels that this property is an important one to preserve for its scenic value to the community. The property is listed on our Community Preservation Plan as important due to its agricultural, scenic and open space values. The Booth family has accepted the Committee's offer of $37,000 an acre and is anxious to move towards closure on this significant project, as are we. I thank the Booth family, who I believe are here in the audience tonight, for giving us this opportunity to preserve this very important property. Thanks. SUPERVISOR HORTON: Thank you, Melissa. Would anybody else care to address the Board? Yes, Dr. Booth. EDWARD BOOTH: Well, glad to be here. And it is a great piece of property. You fellows have got a really good deal here, and so do I and my family. So i would like to thank all those who were involved. Melissa, of course, did you get away? Where is she? SUPERVISOR HORTON: Melissa is back there. DR. BOOTH: Anyway, the Land Preservation Committee did the tight thing. As you probably know, it is the old golf course that Alfred Caussen put there around 1915 and has some historical value for that reason. It really is a lovely spot and I thought that the thing that happened over the last few months, that I will just bring to your attention which was very gratifying, and that is, the deal dragged on a bit. Whose fault it was, i would rather not look into. But the fact is that when you spend two years, we'll say, negotiating and finally coming to an agreement on the value of the development rights, it was very gratifying to be able to put to, well, it was gratifying not to lie awake nights worrying about the fact that every day, I basically lost another, whatever it was, hundred dollars worth of value as we were looking to close this thing. So, you know, the ability of the Land Preservation Committee to deal with that and come up with, I think a very fair, and in fact, my asking price for an increase, very fair agreement; it was a good thing and makes the whole affair very, very pleasant for us. So, thanks to everybody. Thanks to you folks for your consideration. SUPERVISOR HORTON: Thank you, Dr. Booth. And Dr. Booth, on the, some of the points that you noted, I, in my discussions with you over the last 18 months, you have offered a tremendous amount of constructive criticism, which I think is important in ensuring that our processes are working. Because if we are not open to constructive criticism about how to make them better; they won't be made better. And your particular project, if you will, served as a project many people learned from and I think that through it all, some new ideas have come out of it in regard to how the Land Preservation Commission, the Town Board, our planning processes can better effect these types initiatives. So I want to thank you for your patience and also for your constant input. It has been very valuable. I think it will be October 19, 2004 3 Public Hearing- Booth property valuable in the bigger picture as we move forward with preservation initiatives. Are there any other comments from the floor? (No response.) Town Board? (No response.) We will close the hearing. Elizabeth A. Neville Southold Town Board 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 Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Feux (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. 749 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 19, 2004: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Edward C. Booth, et al., pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Sonthold. Said property is identified as SCTM # 1000-51-2-7 and # 1000-51-2-8. The street addresses are 17580 and 17240 Sound View Avenue, rcspectively, and the property is located on the south side of Sound View Avenue, the west side of Mt. Beulah Avenue and the north side of Old North Road, in Southold in an A-C zoning district. The development rights easement comprises approximately 21.8647 acres of the 28.3647 acre parcels. The exact area of the development rights easement is subject to survey. The purchase price for the easement is $37,000 (thirty-seven thousand dollars) per buildable acre; now, thcrcfore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the To~vn Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACT/OHS Only PART I-PRO3ECT INFORMATION (To be completed by Applicant OR Project) Page I of 2 1. APPLICANT/SPONSOR: Southold Town Board i 2. PRO3ECT NAME: 3. PRO2ECT LOCATION: Municipality: S~ta, o~..,~"-~o ~ Count: C-~L~ ;o ~ ~ 4. PRE,SE L~A~ON: (~et add~ and mad inte~ions, prominent landmark, etc, or provide map) 5./S PROPOSED ACT/ON: ~New ~ Expansion ~ Modification 6. DE$CP./BE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: IN1TALLY ~'l~)G''~ acres ULTIMATELY ~1,~,~, '~' acres 8. WILL PROPOSED ACT[ON COMPLY WITH EXISTING ZONING OR OTHER EX~STLNG LAND USE RESTRICTIONS? --'~ Yes ~ No if NO, descdbe briefly ID. WHAT IrS PRESENT LAND USE IN VICINITY OF PRO3ECT? esi ential Commercial industrial Agriculture Park/Forest/Open space Other De~cr/be: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (PEDERAL~ STATE OR LOCAL)? Yes [~ No if yes, list agency(s) and pen'ni~/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ~ No if yes, list agency(s) and ~ermit/approva/s 12. AS RESULT OF PROPOSED ACT/ON W~LL EX/SHNG PERMIT/APPROVAL REQUIRE MODIF/CAT~ON? iX/ o I CERT/FY THAT THE INFORMAnON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorName: /~I~' %~¢4o! LQ,~'~'~o Date: [O[~/'~ If the action is in the Coastal Ama, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART 11-ENV/RONHENTAL ASSESSFIENT (To be completed by Agency) Page 2 of 2 A. DOES ACTION EXCEED ANY TYPE ! THRESHOLD !N E NYCRR, PART 617.47 Yes ~ No If yes coordinate the review process and use the full E,4F B. W/LL Ac'rzON RECEZVE CDORDZNA'I~D REV/EW AS PROV/DED FOR UNLZSTED AC'~ONS ZN 6 NYCRP. PART 617,67 Yes'1~ No If no, a naga~fve dedaration may be suspended by another involved agency C. COULD ACTION RESULT TN ANY ADVERSE EFFECTS ASSZOC~ATED WI'I'H THE FOLLOWING: Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existiog traffic patterns solid waste production or disposal, potential for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? Explai~;efiy: C3. ~ej.g~etatJeo or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered 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? Expl.~i¥ briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. ~term, short term, cumulative, or other effects not identified in C1-C$? Explain briefly: C7. Other impacts (including changes in use of either quantity of type of energy)? Explain bdefly: D. ~LL THE PRO3 ECT HAVE AN ![4 PACT ON THE ENVZRON~IENTAL CHARACTER[CS THAT CAUSED THE ESTABLISHMENT OF A CEA? E, ZS THERE, OR lIS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTEN'D[AL ADVERSE ENV]ROflFIENTAL ]I~IPACTS? PART 11/- DETERtVI!NA'r/ON OF SIGNIF/CANCE (To be completed by Agency) INS-I'RUCT[ON$: For each adverse effect identified above, determine whether it is substantial, large, or otherwise significant. Each effect should be assessed in connection with its (a) setting (Le. urban or rural); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope; and (t~ magnitude. ]f necessary, add attachments or reference supporting materials. Ensure that explanations contain sefficient detail to show that alJ relevant adverse impacLs have been identified and adequately addressed, If question D of part II was checked yes, the determination and significance must evaluate the potantial Jmpoct of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then proceed directly to the FULL ENVIRONMETNAL ASSESSMENT FeRN and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NQT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: PdDJi~'f~,~Tpe Nam~e.,p~esponsible Officer in Lead Agency ~ Title of Responsibl~Jficer ~'~_ ff'gnature.~f~.e~ponsible Officer in Le~!Age?cY Si~t~r~_~ffJ~(Tf~cTiff~nt~re_s[~ns~'~[eoffice, r,! ......... P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 776 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 19, 2004: WHEREAS, the Town Board o£ the Town o£ Southold held a public hearing of the question o£ the purchase of a development rights easement on a certain parcel of property owned by Edward C. Booth, et al., on the 19th day of October, 2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-51-2-7 and #1000-51-2-8. The addresses are 17580 Sound View Avenue and 17240 Sound View Avenue, respectively, and the property is located on the south side of Sound View Avenue, the west side of Mt. Beulah Avenue and the north side of Old North Road, in Southold in an A-C zoning district; and WHEREAS, the development rights easement comprises approximately 21.8647 acres of the 28.3647 acre parcels. The exact area of the development rights easement is subject to survey; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural, open space and scenic values; and WHEREAS, the property is in the vicinity of other lands on which either the Town or the County have preserved; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the purchase price is $37,000 (thirty-seven thousand dollars) per buildable acre; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on the property owned by Edward C. Booth, et al., pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-51-2-7 and #1000-51-2-8 and 17580 and 17240 Sound View Avenue, respectively, and is located on the south side of Sound View Avenue, the west side of Mt. Beulah Avenue and the north side of Old North Road, in Southold in an A-C zoning district. The development rights easement comprises approximately 21.8647 acres of the 28.3647 acre parcels. The exact area of the development rights easement is subject to survey. The purchase price for the easement is $37,000 (thirty-seven thousand dollars) per buildable acre. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT EDWARD C. BOOTH and PATRICIA S. BOOTH to TOWN OF SOUTHOLD Development Rights Easement - 21.8647 acres (includes .2103 acre right-of-ways) 21.6544 buildable acres @ $37,000/acre Premises: 15780 & 17240 Sound View Avenue, Southold SCTM #1000-51-2-7 & plo 8 Closing took place on Tuesday, June 14, 2005, at 1:00 p.m., Southold Town Hall Annex - Land Preservation Department Purchase Price of $ 801,212.80 disbursed as follows: Payable to Edward C. & Patricia S. Booth Check #81861 (6/14/05) *total check = $805,312.80 Expenses of Closing: Appraisal Payable to Given Associates Check #69906 (117103) Updated Appraisal Payable to Given Associates Check #78813 (11/4/04) Survey Peconic Surveyors, P.C. Payable to Edward C. & Patricia S. Booth Check #81861 (6/14/05) (reimbursement) Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #79640 (12~28~04) $ 801,212.80' $ 1,900.00 $ 1,500.00 $ 4,100.00' $ 1,200.00 Title Report Payable to LandAmerica*Commonwealth Check #81864 (6/14/05) Fee insurance $ 3,720.00 Recording deed $ 200.00 Certified copy of deed $ 15.00 $ 3,935.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #8'1866 (6/14/05) $ 100.00 Those present at Closing: Martin H. Sidor Lisa Clare Kombrink, Esq. Patricia A. Finnegan, Esq. Rudolph H. Bruer, Esq. Edward C. Booth Patricia S. Booth Margot Booth Karen Hagen, Esq. Melissa Spiro Melanie Doroski Tim Caufield Marian Sumner Southold Town Deputy Supervisor Attorney for Town of Southold Southold Town Attorney Attorney for Seller Seller Seller Sellers' daughter Title Company Closer Land Preservation Coordinator Administrative Asst, Land Preservation Vice President - Peconic Land Trust Peconic Land Trust TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD. NEW Y©RK 11971-0959 EIGHT HUNDRED FIVE THOUSAND THREE HUiqDRED TWELVE Ai~D PREPAID 6/1 DATE CHECK NO. AMOUNT 06/14/2005 81861 $805,312.80 80/100 DOLI~RS PAY TO THE ORDER OF EDWARD C. BOOTH SR BOOTH/PATRICIA S. 17235 SOUNDVIEW AVENUE SOUTHOLD NY 11971 ,'OP,~a~=~,' ~:O~NOS[,~=N~: ~:~, 00000[, 0,' VENDOR 002552 EDWARD C. BOOTH SR 06/14/2005 CHECK 81861 H3 .8660.2.600.100 H3 .8660.2.600.100 P © # T~[©TC~ TBR776 03-172 TBR776 061405 DE~CRTPTI©N AMOUNT SURVEY REIMBURSE 4,100.00 DEV RIGHTS-21.864 801,212.80 TOTAL 805,312.80 TOWN OF SOUTHOLD . SOUTHOLD, NY 11971-0959 RGIVEN A S S 0 C 1 7. i E S PATRICK A. GIVEN, SRPA (631) 360-3474 box 5305 • 550 route 111 • hauppauge, n.y. 11788-0306 FAX 360-3622 November 18, 2002 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Property of Edward C. Booth, et al. S.C.T.M. #1000-51-2-8 ,4 Located North side of North Road, Southold, NY $1,900.00 File# 2002307 ✓ �I?jbZ real estate appraisers and consultants Sti x -F. J J .GIVEN ASSOCIATES PATRICK A. GIVEN, SRPA box 5305 ® 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 September 29, 2004 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 OCT - ] 2004 DEPT OF LAND PRESERVATION Appraisal of Property of Edward C. Booth, et al. Located North side of North Road, Southold, NY S.C.T.M. #1000-51-2-8 File# 2004197 $1,500.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y gE Date Trx. Date Fund Account ....................... Use Acti 8/12/2003 8/12/2003 H3 .600 8/12/2003 8/12/2003 H3 .600 8/12/2003 8/12/2003 H3 .600 8/2.6/2003 8/26/2003 A .600 9/09/2003 9/09/2003 H3 .600 9/23/2003 9/23/2003 H3 .600 11/18/2003 11/18/2003 H3 .600 12/02/2003 12/02/2003 H3 .600 12/02/2003 12/02/2003 H3 .600 3/09/2004 3/09/2004 H3 .600 3/23/2004 3/23/2004 H3 .600 4/06/2004 4/06/2004 H3 .600 .~4/20/2004 4/20/2004 H3 .600 ~t9/07/2004 9/07/2004 H3 .600 ~Y~--il/04/2004 11/04/2004 H3 .600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ............. Detail--GL100N .............. W-11042004-031 Line: 194 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... Trx Amount... Description.. Vendor Code.. Vendor Name.. Alt Vnd.. CHECK ........ 78813 SCNB Invoice Code. 2004197 VOUCHER ...... P.O. Code .... 12751 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 11/04/2004 Date Cleared. 11/30/2004 F3=Exit F12=Cancel 11/04/2004 SDT 11/08/04 1,500.00 APPRAISAL-BOOTH PROP 007416 GIVEN, SRPA/PATRICK A. PECON]C ~URVEYORS~ > ~ ]oCo RO. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 · Fax (631) 765-1797 JUNE 20, 2003 EDWARD C. BOOTH 17235 SOUNIDVIEW AVENUE SOUTHOLD, NY 11971 JOB #: 03-172 FORPROFESSIONALSERVICES RENDERED: SURVEY and MINOR SUBDIVISION PROPERTY AT SOUTHOLD, NY S.C. TAX #: 1000-51-02-09 FEE: $ 5,000.00 . JUN 2S 2003 PE~NIC SU~YORS, Nels.on, Pope & Voorhis, LLC 572 Walt Whitman Road - Phone: 631-427-5665 Meh/ille NY 11747 Fax: 631-427-5620 Invoice Property: 04351 Project: Booth Property, Southold Manager: McGinn, Steven VA01633 Town of Southold Der)t of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 2870 Invoice Date: December 03, 2004 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,200. O0 Contract Item #1: Prepare Environmental Site Assessment - Phase I Work Performed: 10/12 thru 10/22/04 Contract Amount: $1,200.00 Percent Complete: 100.00% Fee Earned: $1,200.00 Prior Fee Billings: $0.00 Current Fee Total: $1,200.00 *** Total ProjeCt Invoice Amount $1,200.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account ......................... Use Acti 6/01/2004 6/01/2004 H3 .600 6/01/2004 6/01/2004 H3 .600 6/15/2004 6/15/2004 H2 .600 7/13/2004 7/13/2004 B .600 7/27/2004 7/27/2004 H8 .600 7/27/2004 7/27/2004 A .600 8/10/2004 8/10/2004 A .600 8/10/2004 8/10/2004 A .600 8/10/2004 8/10/2004 A .600 8/10/2004 8/10/2004 A .600 10/19/2004 10/19/2004 H3 .600 1/ '2004 11/16/2004 H3 .600 /16/2004 11/16/2004 H3 .600 y. 12/28/2004 12/28/2004 H3 .600 ,, 1/18/2005 1/18/2005 ~ .600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--OL100N .............. : W-12282004-514 Line: 188 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 12/28/2004 SDT 12/28/04 : Trx Araount... 1,200.00 : Description.. PHASE 1 ESA-BOOTH PROP : Vendor Code.. 014161 : Vendor Name.. NELSON, POPE & VOORHIS, : Alt Vnd.. : CHECK ........ 79640 SCNB : Invoice Code. 2870 : VOUCHER ...... : P.O. Code .... 12754 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 Addl. : Fixed Asset.. Y : Date Released 12/28/2004 : Date Cleared. 12/31/2004 : F3=Exit F12=Cancel JUN, 7. 2005 12:42PM CLTIC RIVERHEAD LandAmerica Commonwealth N0,867 P, 2 Title NO: RH04301955 Applicant: Town of $outhold/Land Preservation Coordinator Premises: ~.7~80 Soundview Avenue $outhold, NY Date of Closing: June :~4, 2005 Purchaser: Town of $outhoid Date Printed: June 07, 2005 Order Type: Purchase/Resale Sales Rep: Lisa Fox County: Suffolk Closer: Karen Hagen I_[TEN AIqOUNT [TEN ;Fee Insurance - $801,212.80 $3,720 00 Document to Follow !Hortqaqe Insurance - O.OO Deed Second Mortgage- ~4ortgage Third Mortgage Son$olldation & Extenslon.Agmt ~etisfactlol~ of Mort.qB,ge -~55 Affidavits ~IYS Transfer Tax ~YC RPT Hen.~len Tax Real Estate Tax, ECB, PVB, ets, TO Pay )ther Survey Pass'thru Departmen~&i Searches Mortgage Tax :artificer, of OCCupancy Mortgagor 3treat ReD0rt Mortgagee 3ankruptcy Other .. ~oualnq and BuiJdin,q Other -ire Other ~mergency Other ~dditional Texas Other ~u~ve¥ InspecLio~ Other gther 2that Vlunldpal Searches ~Ourier/ Bel!very Fee JC¢'s County Escrow Service Charge JCC's State Dther :}tner :screw ¢o hold,(type in purpose) Dr;her :)that )*posit ([nduded in Net rOTAL NET CHARGES: (EST) :harges) CHECKS PAYABLE TO Commonwealth Land Title Insurance Company (Clrde One) Buyer/Seller Buyer/Seller Buyer/Seller Buyer/Seller $ CHECKS PAYAI~LE TO OTHER THAN Commonwealth Land Title Insurance Company (Circle One) Buyer/Seller $ Buyer/Seller $ Buyer/Seller $ TOTAL RECEZPTS *NOTE R~tes & charges herein are subject to change based on the rates in effect at the time of closing, Commonwealth Land Title Insurance Company ~85 Old Country Road, Suite 2, Rive~head, New York ~.~,90! Phone: (631) 727-7760 TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEWYORK 11971-0959 DATE 06/14/2005 PREPAID 6/1 .o. CHEC~ NO AMOUNT 81864 $3,935.00 THREE THOUSAND NINE HUNDRED THIRTY FIVE AND 00/100 DOLLARS PAY TO THE ORDER OF LANDAMERICA*COMMONWEALTH 185 OLD COUNTRY ROAD PO BOX 419 RIVERHEAD NY 11901 ,'o.q,l, SF=l~,' ,:O;~,I~05[,F:I~: F:~, OOOOOL, O"' VENDOR 003350 L~2qDA~4ERICA*COMMONWEALTH 06/14/2005 CHECK 81864 ACCOUNT P O # TNRTQTPP, H3 .8660.2.600.100 12753 H3 .8660.2,600.100 12753 H3 .8660.2.600.100 12753 RH04301955 RH04301955-1 RH04301955-2 TITLE/INS POL-BOOTH 3,720.00 REC DEV RTS EASEMENT 200.00 CERT COPY REC EASEMENT 15.00 TOTAL 3,935.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 ONE HUNDRED AND 00/100 DOLLARS TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEW YORK 11971-0959 DATE 06/14/2005 BOOTH TO TO No. 81866 CHECKNO AMOUNT 81866 $100.00 PAY TO THE ORDER OF KAREN HAGEN 2675 KERWIN BOULEVARD GREENPORT NY 11944 ,'O,ql, BEP-,,' ~:O~i,L, OSI, r~l,,: E~ ODOOOL, 0,' VENDOR 007707 KAREN HAGEN 06/14/2005 CHECK 81866 FI~X_TD [- AC~TTMm H3 .8660.2.600.100 ~n# T~T©TCE RH04301955A DRSCRTPTION TITLE CLOSER-BOOTH TOTAL AMOUNT 100.00 100.00 TOWN OF SOUTHOLD . SOUTHOLD. NY 11971-0959 R E C O R D E D D E E D SUFFOLK COD-NTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 17 Receipt Number : 05-0065743 TRANSFER TAX NUMBER: 04-45881 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 051.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $801,212.80 06/22/2005 09:46:33 AM Received the Following Fees For Above Instrument Exempt Page/Filing $51.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $50.00 NO SCTM Transfer tax $0.00 NO Conmi. Pres Fees Paid TRANSFER TAX NUMBER: 04-45881 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL D00012393 790 Edward P.Romaine County Clerk, Suffolk County Lot: 007.000 $5.00 $15.00 $165.00 $11.05 $0.00 $0.00 $312.05 Exempt NO NO NO NO NO NO Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Morigage Tax Stamp RECORDED 2005 Jun 22 09:q6:3g gM Eduard P.RomMne CCERK OF SUFFOLK COUHTV L D0001239~ P 790 bT~ 04-45~81 Recording / Filing Stamps ,I Page / Filing Fee Handling TP 584 Notation 5. O0 EA-52 17 (Countb) EA-5217 (State) R.RTS.A. Coram. of Ed. Affidavit Certified Cop~ NYS Surcharge Other 4 I~ Real Proper~y Tax Service Agency Verification SecUon I Block Lot 05023665 1000 05100 0200 007000 1000 05100 0200 008003 6.~J Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Lisa Clare Kombrink, Esq. 235 Hampton Road Southampton, New York 11968 Morigage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT MTG. TAX Dual Town __ Dual County Held for Appointment __ Transfer Tax ~ Mansion Tax The proper~y covered by this mortgage or will be i~nproved by a one or family dwelling only. YES or NO If NO, see app~opfiate tax clause on page # __ of this instrument. Community Preservation Fum Consideration Amount $ CPF Tax Due $ ~ Improved Vacant Land TD TD TD 7 I , Title Company Information Co. Name ~eOpOOh, l~,~ ~_~//,~1 Title# ~'~t evcf&O/5}r~;~ Suffolk County Recording & Endorsement Page This page forms part of the altacl~etl~X]/.,[00S~{~/~i~l hJ~ O~"~ '~ made b3~ (SPECIFy.J'YPE OF INSTRUMEN i) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. lniheTownshipof 20L~O[ ~ In the VILLAGE or HAMI,ET of W'o wr, o tT° go rhol d BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BI,ACK INK ONLY PRIOR TO RECORDING OR FILING. (ove GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of June, 2005 at Southold, New York. The parties are Edward C. Booth, Sr. and Patricia S. Booth, both residing at 17235 Soundview Avenue, Southold, New York 11971, ("Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Ha'in Road, P.O. Box 1179, Southold, New York ("Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located id the Town of Southold, Suffolk County, New York, more fully described in SCHEDULE A attached hereto and made a part hereof, and a survey dated June 20, 2003, and last revised/1¥,~/~-~, ?,oaS', prepared by Peconic Surveyors, P.C., and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the AC Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss. of those currently open lands which contain prime agricultural soils as outlined in the Town Code of the Town of Southold, Section 100-30. The Property is designated as part of Suffolk County Tax Map Parcel Number ~ 0o~)- ~'~' ~-- '7 ; and WHEREAS, the Property contains soils classified as Class t and Class worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property as scenic open space as defined in the Town Code of the Town of Southold, or in an agricultural capacity as defined in this Easement; and WHEREAS, the Property is currently undeveloped and open; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and open condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to gram a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of eight hundred and one thousand, two hundred twelve dollars and 80/100 ($801,212.80) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, whfch shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVEAND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic or agricultural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of Federal, New York State and local conservation policies. 0.04 Governmental Recoqnition 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, Article 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. Grantor has made available to Grantee sufficien't documentation to establish the condition of the Property at the time of the delivery of this Development Rights Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated 3une 20, 2003, and last revised , by Peconic Surveyors, P.C. and an Environmental Site Assessment dated November 19, 2004 by Nelson, Pope & Voorhis, LLC. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to 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 right to prohibit or restrict the use of the Property for anything other than open space, as that term is presently defined in §247 of the General Municipal Law and/or Chapter 59 of the Town Code of the Town of Southold (the "Code") and/or agricultural production as that term is presently referenced in Section 247 of the New York General Municipal Law and/or defined in Chapter 25 of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures Except as provided in Section(s) 4.07, the construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over, or under the Property, shall be prohibited. Structures and improvements, including, but not limited to, driveways and agricultural structures as they may be permitted in Section(s) 4.07 hereof, shall not be erected on, over, or under the Property without the prior written approval of the Grantee, as may be required by the Code of the Town of Southold and the Town Land Preservation Committee or its successor committee. Such approval may be granted if the structure does not defeat or derogate from the purpose of this Easement or other applicable laws. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including berms, driveways or walkways. 3.02 Excavation and Removal of Materials; Mininq The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, shall be prohibited, without the prior written consent of Grantee. Hineral 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 written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Purchaser. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization and composting. 3.05 Siqns The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Landscapinq Activities The removal of trees, shrubs, or other vegetation from the property shall be prohibited except as provided in Section 4.04. Notwithstanding this provision, the property may be cleared in connection with agricultural production, as that term is referenced in §247 of the General Municipal Law and/or defined in Chapter 25 of the Town Code. 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee. Utilities located on the interior of the Property (i.e., not along street boundaries) must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways. Any utilities must be used solely to service the permitted structures and must be related to use of the property for agricultural production or equine and livestock activities. 3.08 Prohibited Uses The use of the Property for any residential, commercial or industrial uses and structures related to those uses, permanent or temporary, shall be )rohibited. For the purposes of this section, agricultural production, including but not limited to the raising of crops, livestock and livestock products, as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 25 of the Town Code shall not be considered a commercial use. Notwithstanding anything to the contrary herein, a Farmstand may not be constructed on the property, whether as a permanent or temporary structure. 3.09 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the U.S. Department of Agriculture's National Resource Conservation Service. 3.10 Drainaqe The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service the permitted structures. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.11 Development Riqhts The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any structures, as such right may be provided in Section 4.07, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. Notwithstanding, this Easement shall not prohibit use of the 15' right of way beginning at Sound view Avenue and the :~0' right of way beginning at North Road, both shown on the survey June 20, 2003, and last revised ., by Peconic Surveyors, P.C. for access to the three (3) acre "building envelope" shown on the same survey. 4.04 Landscapinq Activities Grantor shall have the right to continue the current modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged, to thin and prune trees to maintain or improve the appearance of the property, to mow and to cut trails. Grantor shall have the right to cut new growth less than four (4) inches in diameter at breast height and to remove exotic or invasive species including, but not limited to wild cherry, mulberry, oilanthus and locust. 4.05 Aqricultural Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 25 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement. Agricultural structures, as provided in 4.07, and as may be reasonably necessary in connection with agricultural use and the maintenance of the Property may be constructed, maintained or replaced by Grantor with the prior written approval of the Grantee and subject to appropriate governmental approval, including the Town of Southold Land Preservation Committee or its successor committees. 4.06 Equine and Livestock Activities In addition to the Agricultural Activities described in ¶4.05 above, Grantor shall have the right to use the Property for horse pasture, horse riding, horse breeding, or the breedin9 of any livestock. 4.07 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, as such approval may be required by the Code of the Town of Southold and the Town Land Preservation Committee or its successor committee. Approval may be granted and will not be unreasonably withheld if the structure or improvement does not defeat or derogate from the purpose of this Easement or other applicable laws. These structures and improvements include: (i) Underground facilities normally used to supply utilities, remove sanitary sewage effluent and/or control stormwater runoff from the improvements permitted under the terms of this paragraph A and B; (ii) Fences, if placed so as not to block or detract from the scenic view. (iii) Agricultural structures that are necessary, incidental and accessory to the agricultural activity on the Property; (iv) Access drives, to provide access to the improvements permitted herein, a trail for non-motorized vehicles or for foot traffic only, for the sole use of the owners, their successors and assigns, and their tenants, occupants, and invitees. B. Replacement of Improvements: In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted within the same general location, subject to the review and written approval of Grantee. C. Environmental Sensitivity During Construction: The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.08 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, which could adversely affect the environmental, scenic, open space, and agricultural values which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.07 herein. Grantor shall provide Grantee with complete documentation including any applications, information on the need for and use of such structures, and architectural plans of any proposed structures, if applicable. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. 4.09 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. The failure of Grantor to pay ali such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens, except those arising from Grantee's negligence, to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, except those arising from Grantee's negligence, to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior written notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes or to permit access upon the Property by the public. Access to Grantee shall be limited to two (2) times per year, unless Grantor is in violation of this Easement. 6.02 Maintenance Grantee shall have the right to require the Grantor to maintain the Property in the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Riqhts of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in additiont¢ and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes o this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Basement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceeding,~ under this Section, if Grantee is the prevailing party as determined by a court of competent jurisdiction. 6.04 Notice All notices required by this Easement must be written. Notices shall b, delivered by hand or registered mail, return receipt requested, or by certifie~ mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not ]o constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.06, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material and potentially unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement by a judicial proceeding, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time. In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the power of eminent domain, the sale price or condemnation award shall establish fair market value. Absent such a sale, the Property's fair market value shall be established by independent appraisal. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantor and in accordance with common and statutory law applicable to the modification of covenants and restrictions running with the land. Any such amendment shall be consistent with the purpose of this Easement and shall comply with the Conservation Law or any regulations promulgated thereunder. Any such amendment shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under ][.R.C. Section 170(h) (the "Code"). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section :~70(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or 57 of the Town Code of the Town of Southold, as applicable, following a public hearing and, ]] thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of said Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severabilit¥ Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. Tf any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordinq Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its IN WITNESS WHEREOF, ]2 Grantor has executed andelivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on t. he day and year set forth above. ACKNOWLEDGED AND ACCEPTED: Edward C. Booth, Sr. (Grantor) Patricia S. Booth (Grantor) TOWN OF SOUTHOLD(Grantee) Martin H. Sidor Deputy Town Supervisor ]3 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this/(¢/~dday of:~'LO'42- in the year 2005 before me, the undersigned, personally appeared Martin H. Sidor, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NO'~R~- PUBLIC, State of New York No. 02HA4927029 Notary Qualified in Suffolk County/~ Commission Expires Ma ch 21, 20v- STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this/~day o~ in the year 2005 before me, the undersigned, personally appeared Edward C. Booth, Sr., personally known to me or proved to me. on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. l KAREN J. HAGEN - No, 02NA4927029 Quarified in Suffolk County ~ Notary P rJornmission Expires March 21, 20~ STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this/~/~dday of~d'~/'~ in the year 2005 before me, the undersigned, personally appeared Patricia S. Booth, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed~he instr%ent. KAREN J, HAGEN NOTARY PUBLIC State of New York No. 02HA4927029 ~ualifled in Suffolk County Commission Expires March 21, 20 ~ c:/Anne/Town of Southold Master Documents/Sooth Development Rights Easement June 6 2005 t4 JUN, 14, 2005 12:29PM CLTIC RIVERHEAD NO, 449 P, 4 File No: RH0430~.9~;~; SCHEDULE ~ DESCR:LPT~ON ALL that certain plot, piece Or parcel of land, situate, lying and being at $outhold, in the Town of Southold, County of SUffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Sound View Avenue and the westerly side of Fit. Beulah Avenue; RUNNING THENCE South 01 degree 56 minutes 40 seconds East along said westerly side of Hr. Beulah Avenue, :[787.84 feet to the northerly side of North {C.P,. 27) Road; RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.P,. 27) Road, 310.22 feet to a concrete monument and land now or formerly of Booth; RUNNING THENCE along said land now or formerly of Booth the following three (3) Courses and distances: 1, North ~.9 degrees 08 minutes O0 Seconds East, 210.00 feet to a Concrete monument; 2. North 86 degrees 17 minutes 20 seconds West, 150,42 feet to a concrete monument; and 3. South 19 degrees 08 minutes O0 Seconds West, 170.00 feet to a concrete monument on the noAherly side of NoAh (C. R.27) Road; RUNN][NG THENCE North 70 degrees 5:2 minutes O0 seconds West along the northerly side of North (C.R. 27) Road, 300.82 feet to land now or formerly of R, 3. & H. Donopria; RUNNING THENCE NoAh 14 degrees 24 minutes 30 seconds West along said last mentioned land and later along land now or formerly of H. V. Fiiepus & M. G. Ellis,1266,03 feet to the southerly side of Sound View Avenue; RUNNING THENCE North 73 degrees 27 minutes 30 seconds East along the southerly side of Sound View Avenue~ 885.26 feet; RUNNING THENCE North 63 degrees 09 minutes 00 seconds still along said southerly side of Sound View Avenue, t34.52 feet to the corner at the point or place of BEGINNING. ALTA Owner's Policy (10-17 92) JUN, 14. 2005 12:29PM. CLTIC RIYERHEA NO, 449 F, 3 File Nol RH043019SS SCHEDULE A - DESCRIPTZON AMENDED 06/14/05 ALL that certain plot, piece or parcel of land, with the improvements thereon erected~ situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the Intersection of the Southerly side of Sound View Avenue and the Westerly side of Mt. Beulah Avenue; RUNNING THENCE South O1 degrees 56 minutes 40 seconds East along said Westerly side of Mt. Beulah Avenue, 1073,71 feet; THENCE South 88 degrees 03 minutes 20 seconds West, 213,94 feet; THENCE South :1 degree 56 minutes 40 seconds East, 406.62 feet, to a concrete monument; THENCE North 86 degrees 17 minutes 20 seconds West, 150,42 feet to a concrete monument; and THENCE South ~.9 degrees 08 minutes 00 seconds West, 170.00 feet to a concrete monument on the Northerly side of North (C.R, 27) Road; RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the Northerly side o¢ North (C,R. 27) Road, 300.82 feet to land now or formerly of R._I. & H, Donopria; R, UNNING THENCE North 14 degrees 24 minutes 30 seconds West along said land now or formerJy of R..1. & H. Donopria~ 466,03 feet; RUNNING THENCE along other land of the party of the first part the following three (3) courses and distances: 1) North 75 degrees 35 minutes 30 seconds East, 261.36 feet; 2) NoRth :14 degrees 2q minutes 30 seconds West, 500.00 feet; end 3) South 75 degrees 35 minutes 30 seconds West, 261,36 feet again to Jand now or formerly of R.3. & H. Donopria; RUNNING THENCE North :14 degrees 24 minutes 30 seconds West along said last mentioned land and later along land now or formerly of H.V. Miepus & M.G. Ellis, 300.00 feet to the Southerly side of Sound View Avenue; RUNNING THENCE North 73 degrees 27 minutes 30 seconds East along the Southerly side of Sound View Avenue, 885.26 feet; RUNNING THENCE North 63 degrees 09 minutes 00 seconds East still along said Southerly side of Sound View Avenue, 134.52 feet to the corner at the point or place of BEGINNING. ALTA Owner's Policy (10 17-92) T I T L E P 0 L I C Y ISSUED BY COMMONVWEALTH LA~D TITLE INSDRANCE COMPANY Commonwealth A LANDAMERICA COMPANY OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as in~ured, but only to the extent provided in the Conditions and Stipulations. 1N WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused itI corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY By: President EXCLUSIONS FROM COVERAGE The following matters arc expressly excluded from thc coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) thc occupancy, use, or enjoyment of thc land; (ii) the character, dimensions or location of any improve ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policyt but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured hy this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Valid Only If Schedules A and B and Cover Are Attached NM 1 PA10 ALTA Owner's Policy (10-17-92) Form 1190-1 Face Page JUL. 27, 2005 11:19AM CLTIC RIVERHEAD N0,525 P, 2 Commonwealth File No: RH0430~-955 SCHEDULE A Amount of Znsurance; $80~212,80 Date of Policy: 3une :~4, 2005 Name of Insured: Town of $outhold Policy NO.; RH043019S5 The estate or interest in the land which is covered by this policy; Development Rights Title to the estate interest in the land is vested in= By deed made by Edward C. Booth and Patricla $. Booth to the INSURED dated 6/14/2005 and to be recorded in the Office of the Clerk of the City/Register Suffolk County, 4. The land referred to in this policy is described on the annexed Schedule A - Description. Counterslgned: Authorized Officer or Agent ALTA Owner's Policy [IO-~.~-92) JUN, 14. 2005 12:29¢M CLT~C RIVERH~AD ~0, 449 P. 3 SCHEDULE A - DESCI~PTZrON AMENDED 06/14./05 ALL that certain plot, piece or parcel of land, with the improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the Intersection of the SoutheHy side of Sound View Avenue and the Westerly side of Mt. Beulah Avenue; RUNNING THENCE Sou~h 01 degrees 56 minutes 40 seconds East along said Westerly side of Mt. Beulah Avenue, 1073,71 feet; THENCE South 88 degrees 03 minutes 20 seconds West, 213,94 feet; THENCE South ! degree $6 minutes 40 Seconds East, 406.62 feet, to a concrete monument; THENCE North 86 degrees 17 minutes 20 seconds West, 150.42 feet Lo a concrete monument; and THENCE South 19 degrees 08 minutes 00 seconds West, 170.00 feet to a concrete monument on the Northerly side of North (C.R. 27) Road; RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the Northerly side of North (C.R. 27) Road, 300.82 feet to land now or formerly of R.]. &. H, Donopria; RUNNING THENCE NOrth 14 degrees :~4 minutes 30 seconds West along said land now or formerly of R..1. & H. Donopria, 466,03 feet; RUNNING THENCE along other land of the party of the first part the following three (3) courses and distances: 1) No,ch 75 degrees 35 minutes 30 seconds East, 261.36 feet; 2) North 14 degrees 24 minutes 30 seconds West, 500.00 feet; and 3) South 75 degrees 35 minutes 30 seconds West, 261.36 feet again to land now or formerly of R..~. &. H. Donopria; RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said fast mentioned land and later along land now or formerly of H.V. Miepus & M.G. Ellis, 300,00 feet to the Southerly side of Sound View Avenue; RUNNING THENCE North 73 degrees 27 minutes 30 Seconds East along the Southerly side of Sound View Avenue, 885.26 feet; RUNNING THENCE North 63 degrees 09 minutes 00 seconds East still along said Southerly side of Sound View Avenue, 134.52 feet to the corner at the point or place of BEGINNING. ALTA Owner's Policy JUN, 14,2005 12:29PM CLT~C RIVERHEAD NO, 449 P, 4 File No~ RH0430~955 SCHEDULE A - DESCRiPTiON ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEG[NNING at the corner formed by the intersection of the southerly side of Sound View Avenue and the westerly side of Fit. Beulah Avenue; RUNNING THENCE South 01 degree 56 minuses 40 seconds East along Said westerly side of Hr. Beulah Avenue, 1787.84 feet I:o the northerly side of North (C.P,. 27) Road; P, UNNJ[NG THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.P,. 27) P,oad, 3:[0.22 feet to a concrete monument and land now or formerly of Booth; P,UNNING THENCE along said land now or formerly of Booth the following three (3) courses and distances: 1, North :[9 degrees 08 minutes 00 seconds East, 210.00 feet to a concrete monument; 2. North 86 degrees 17 minutes 20 seconds West, :150.42 feet to a concrete monument; and 3. South Z9 degrees 08 minutes 00 seconds West, 170.00 feet to a concrete monument on the northerly side of North (C. R.27) Road; P,UNN][NG THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.P,, 27) Road, 300.82 feet to land now or formerly of R, 3. 8~ H. Donopria; RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said last mentioned land and later along land now or formerly of H. V, Fiiepus & Pl. G. Ellis,:1266,03 feet to the southerly side ef Sound View Avenue; P,UNN:[NG THENCE North 73 degrees 27 minutes 30 seconds East along the SOutherly side ol~Sound View Avenue~ 885.26 feet; RUNNING THENCE North 63 degrees 09 minutes 00 seconds still along said southerly side of Sound View Avenue, 134.52 feet to the corner at the point or place of BEG]NN:[NG, ALTA Owner's Policy (i0-17-92) JUN, 14,2005'12:29PM, . C,LTTQ RIVERHEAD ..N0,449 ?, 2 · File No: RH04301955 SCHEDULE EXCEPTIONS FROM COVERAGE This policy does not insure agalnst loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of the following: 1. Rights of tenants or persons in possession. 2, Unpaid waLer charges to date, if any, 3. Survey made by PeconJc Surveyors, P,¢., last revised December 20, 2004 shows the development rights parcel as unimproved vacant land; a) twenty (20) foot right of way straddles Westedy record line. No encroachments shown. 4. 20 foot common right of way as set foot in Libar 2398 page 98. 5. Declaration recorded in Libor 12374 page 201. ALTA Ownerrs Policy (i0-:17-92) · File N~: RH04301955 Commonwealth STANDARD NEW YORK ENDORSEMENT (OWNER'S POL*rCY) ATTACHED TO AND MADE A PART OF POLI*Cy NO. 04301955 tSSUED BY COMMONWEALTH LAND TTTLE INSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Commonwealth Land Title :~nsurance Company Dated: June ct4, 2005 Countersigned: President By: ~ Secretary Authorized Officer or Agent Standard New York Endorsement Owner's CONDITIONS AND STIPULATIONS (c) Whenever the Company shall have brough~ an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion. to appeal from any adverse judgment or order. Id) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in lhe action or proceeding, and all appeals therein, and permit the Company to use, at its opfiom the name of ;he insured for this purpose. Whenever requested by Ibe Company, the insured, at the Company's expense, shall give the Company all reasonable aid Ii) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending lhe action or proceeding, or effecfing settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. [f the Company is prejudiced by the failure of thc insured to furnish the required cooperation, the Company's obligabons to the insured under the policy shall terminate, including any liability or obligation to defend, prosecule, or continue any ]itiga~mn, wilh regard to the manet or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company. a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts g~ving nsc to the loss or damage. The proof of loss or damage shall describe the defect in~ or lien or encumbrance on lbe title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the exlenl possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, thc Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or mailers requiring such proof of loss or damage In addition, the insured claimant may reasonably be required to submit to examinalion under oath by any authorized representative of Ibe Company and shall produce for examination, inspection and copying, al such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to thc loss or damage Further. if requested by any authorized representative of the Company , the insured chfimant shall grant its permission, in wribng, for any authorized representative of thc Company to examine , inspect and copy all records. books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertam to the loss or damage All information designated as confidential by the insured claimant provided to thc Company pursuanl to Ihis Section shall not be disclosed to others unless, in the reasonable judgement of the Company, fl is necessary tn thc administration of the claim Failure of the insured claimant to submit fo~ examination under oallL produce other reasonably requesled informafion or grant pernnssion to secure reasonably necessary informalion from third pames as required in this paragraph shall termmale any liability of the Company under Ibis policy as Io that claim 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: la)To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' I~es and expenses incurred the insured claimanl, which were authorized by the Company, up to Ih~: time of paymant or tender of payment and which Ihe Compeny is obliga- lcd to pay. Upon thc exercise by thc Company of this option, all liabildy and obligations to Ibe insured under this policy, other than to make the payment required, shall terminate, including any liability or obligafion lo defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant Ii) ~o pay or otherwise settle with other parties for or in thc name of an insured claimant any claim insured against under this policy, together with any cosB. aHorneys' fees and expenses incurred by thc insured claimant which were authorized by the Company up to time of payment and which the Company is obligated to pay: or (ii) to pay or otherwise settle with the insured claiman~ the loss or damage provided for under this pobey, togelher with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by Ibe Company up to the time of payment and which Ihe Company is obligated to pay. Upon thc exercise by the Company of either of lite options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made. shall terminate, including any liability or obligation to defend, prosecute or continue any litigation~ /ions and Stipulations Continued Inside Cover 1. DEFINITION OF TERMS. The following terms when used in this policy mean: Ia) "insured": the insured named in Schedule A. and, subject to any rights or defenses the Company would have had against the named insure& those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin. or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which imparl constructive notice of matters affecting the land Id) 'qand": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A. nor any right , title, intercsL estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extenl to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrumenl. (0 "public records": records established under state statutes at Dale of Policy for thc purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge With respect to Section I(a) (iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district courl for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land~ not excluded or excepled from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as o[ Date of Policy in favor of an insured only so long as the insured retains an estale or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from thc insured, or only so long as thc insured shall have liability by reason of covenants of warranly made by the insured in any transfer or conveyance of thc estate or interest This policy shall not continue in force in favor of any pmchaser fronl the insured of either Ii) an estate or interest m the land. or (itt an indebtedness secured by a purchase money mortgage given to thc insured 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company prompfiy in writing (I) In case of any litigation as set forth m Secfion 4Ia} below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or mleresl which is adverse to the title to the estale or interest~ as insured, and which might cause loss or damage for which the Company may be liable by virtue of Ihis policy, or (iii} if title to the estale or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given lo Ihe (ompany. then as to the insured all liability of thc Company shall terminate with regard m the matter or matters for which prompl mince is required: provided, however, that l:ailure to notify the Company shall in no case prejudice rights of any insured under Ibis policy unless the Company shall be prejudiced by the failure and then only to the extent of thc prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. Ia) Upon written request by the insured and subject to the options contfiined in Section 6 of these Conditions and Sbpulations, the Company. at its own cost and withoul unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those slated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of thc insured to objecl for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the lkes of any olher counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters nol insured against by this policy. (b) The Company shall have the righl, at ils own cost. to institute and prosecute,, any action or proceeding or to do any other act which in ils opmmn may be necessary or desirable to establish the title to Ihe estate or interest, as insured, or to prevent or reduce loss or damage Io the insured The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of 'this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently B 1190-1 CONDITIONS AND STIPULATIONS (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnily against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by ason el matters insured against by this policy and only to the extent herein Oiscribed. ia) The liability of the Company under this policy shall not exceed the least of: ri) the Amount of insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance staled in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or tho futl consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured eslate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: ri) where no subsequent improvement has been made, as to any padial loss, the Company shall only pay the toss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of lhe Amount of Insurance 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 not apply to costs, allomeys' Iees and expenses for which the Company is liable under this policy, and shall only apply to that podion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c} The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as it the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any 'mprovements made subsequent to Date of Policy, unless a liability or value has erwise been agreed upon as to each parcel by the Company and the insured at ~time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. g. LIMITATION OF LIABILITY. ia) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully pedormed its obligations wilh respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a coud of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without tho prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a modgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. ia) No payment shall be made without producing this policy for endorsement of the payment unless ihe policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of Ihe mpany. (b) When liability and the extent el loss or damage has been definite fixed in accordance with these Conditions and Stipulatlons, the loss or dama! shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. ia) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under th policy, all right of subrogation shall vest in the Company unaffected by any act the insured claimant. The Company shall be subrogated to and be entitled to all rights ar remedies which the insured claimant would have had against any person , propedy in respect to the claim had this policy not been issued. If requested l the Company, the insured claimant shall transfer to the Company all rights ar remedies against any person or property necessary in order to perfect this right subrogation. The insured claimant shall permit the Company to sue, compromL~ or settle in the name of the insured claimant and to use the name of the insur( claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of tf insured claimant, the Company shall be subrogated to these rights and remedk in the proportion which the Company's payment bears to the whole amount of fl' that act shall not void this policy, but the Company, in that event, shall be requir6 to pay only that part of any losses insured against by this policy which sh~ exceed the amount, if any, lost to the Company by reason of the impairment t (b) The Company's Rights Against Non-insured Obligors. and shall include, without limitation, the rights of the insured to indemnitie: reason of this policy, 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured ma demand arbitration pursuant to the Title Insurance Arbitration Rules of th out ol or relating to this policy, any service of the Company in connection with it matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated ~ Amount o[ Insurance is in excess of $1,000,000 shall be arbitrated only whe agreed to by both the Company and the insured. Arbitration pursuant to this polic the option of the insured, the Rules in effect at Date of Policy shall be bindin upon the padies. The award may include attorneys' fees only if the laws of th prevailing party. Judgment upon the award rendered by the Arbitrator(s) may b entered in any court having jurisdiction thereof, The law of the situs of the land shall apply to an arbitration under the Titl, Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. Ia) This policy together with all endorsements, if any, aUached hereto b Company. In interpreting any provision of this poticy, this policy shall b~ (b) Any ctaim of loss or damage, whether or not based on negligence, an( by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except b! authorized signatory of the Company. 16. SEVERABILITY. !n the event any provision of the policy is held invalid or unenforcoable unde applicable law, the policy shall be deemed not to include that provision and al required to be furnished the Company shall include the number of this policy an~ shall bc addressed to: Consumer Atfairs Department, P.O. Box 27567, Richmond Virginia 23261-7567. NMf PA10 ALTA Owner's Policy (10/17/92) Form 11 90-3 Cover Page ORIGINAL NEW YORK OFFICES NEW YORK STATE OFFICE 655 Third Avenue New York, New York 10017 (212) 949-0100 FAX: (212) 983-8430 BUFFALO 37 Franklin Street, Suite 100 Buffalo, New York 14202 (716) 853-6800 FAX: (716) 853-6806 GARDEN CITY 1399 Franklin Ave. Suite 300 Garden City, New York 11530 (516) 742-7474 FAX: (516) 742-7454 NEW CITY 17 Squadron Boulevard, Suite 302 New York, New York 10956 (845) 634-7070 FAX: (845) 634-8513 RIVERHEAD 185 Old Country Road, Ste 2 River'head, New York 11901 (631) 727-7760 FAX: (631) 727-7818 WHITE PLAINS 50 Main Street White Plains, New York 10606 (914) 949-0002 FAX: (914) 949-0180 NATIONAL TITLE SERVICE 655 Third Avenue New York, New York 10017 (212) 949-0100 Form B 1190-3 OWNER'S POLICY OF TITLE INSURANCE American Land Title Association (10/t 7/92) Issued by Commonwealth Land Title Insurance Company Commonwealth Land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters LandAmerica Commonwealth LandAmedca Financial Group, Inc. 101 Gateway CentmParkway Richmond, Vi~inia 23235-5153 www. landam.com THANK YOU. Title insurance provides for the protection of your real estate investment. We suggest you keep this policy in a safe place where it can be readily available for future reference. If you have questions about title insurance or the coverage provided by this policy, contact the office that issued this policy, or you may call or write: Cdmmonwealth Land Title Insurance Company Consumer Affairs P.O. Box 27567 Richmond, Virginia 23261-7567 telephone, toll free: 800 446-7086 web: www. landam.com We thank you for choosing to do business with Commonwealth Land Title Insurance Company, and look forward to meeting your future title insurance needs. Commonwealth Land Title insurance Company is a member of the LandAmerica family of title insurance underwriters LandAmerica Commonwealth N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owners of ~-I, ~'~ acres of active farmland and/or 0 acres of non- Pla farmland, situated at Suffolk County Tax Map No. 1000-51-2-7 and^8 that is proposed to be acquired by the Town .of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Proiect Sponsor TOWN OF SOUTHOLD By: martin H. Siaor, ueputg Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 Landowner EDWARD C. BOOTH, Sr. 17235 Soundview Avenue Southold, NY 11971 PATRICIA S. BOOTH 17235 Soundview Avenue Southold, NY 11971 STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the/~/~day of ~'~/~O~ , 2005, before me personally appeared Martin S. Sidor, 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 Deputy 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. STATE OF/08'~.~y¢¢¢~ COUNTY OF ~Cc~f:~! 1c KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County O Commission Expires MArch 21, 20 )SS: On the /~¢:/"1~ day of June, 2005, before me personally appeared EDWARD C. BOOTH, Sr., personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public KAREN J, HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County . Commission Expires March 21, 20 ~ STATE OF/O~JJ~y¢'~<' ) COUNTY OF ~-C/:~:~ ~ ) )SS~ On the ! ~ day of June, 2005, before me personally appeared PATRICIA S. BOOTH, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by his/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, 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 1-11-v 9-1 v- Y Anv 5.n- y. Sii Y s a-io-ai 07-01'01 Y 1 leery +, _N _ 5-w-o 2(/ 11-0w 0.�c n /� �'sounuu aze /V` gyp• 64To L )2 .0 SOUND i ssuci 1� 9-IS-o A 1-21-0 O -�5- 2 01 o D s si o SEE sEcw.lw ISLP,N 10.p z4sA ,AsrAw sxu6s wpow� a au rm uns s¢ LONG//���� sR w.osul » " '��... NY.Y •.. 14 .. P.D.70 t6 tt t° "A 1 zl E E O Zg O 12 n A z u }c ) c u•1 '� 1+ sEE.=r w.lss - rr�T3 5 1pM' SOHD.S ♦ Il iAN t2° o e F w t25°Y Sle a' f fYs }eM 1a .. ^n- ro � c, w . • 11 s t-eµ Y PU.W. YS ° raR o 1y61J � 11° ^ 115 Ll6 up qs• SEE SEC.60. � N iYl Y }16 nn 2l) w Val d+ 051-06-001 I �' - E � z ti1wo sib F s.LSA- i O � uae 1v.°�J q .n G 7 'MLOHE Y t1 tau fECC61C tAw)WS).6t Ti a 1. . 12.1S 12•t6 12• evafn+.m.[.YAFM� O .r Eta •Z yty llA NA + �6�J ♦� 1]R°1 mo = » LY leIk /�(y'� �• 4 A. Y6 v ♦y a (`^"-'- M16 1� " TZAw , - z},. uma.,wn xfis.Nc� a an v sonim 4,w1 m Y - e, mxwwTA+Yenrn i0�, � +p 1L 1, � IOreRY' als Y; 4.1 9.)A.' ,ya D EAR M.w. Ftll PCL.w. 6' + y 2-6 }B }6 1 A.11 ) SEE ME W. v L6Atc1 25 1.1A • aS-OYeaal @ y a, `N cis p W CN lNE S _ 6S 1.5 LSAId 5 1An 5 A LG� N, 3�m 5 NORTH x V COUNTY OF SUFFOLK Q x �"° °° 016 SOUTHOLD sEclrcxt No Am.w n..A.u. —_.—_ w.rzs MAN O�X` . A.+ snwmr6s NOTICE �- „� -- — P6 ^~ °L.,. Mire°' Property Tax Service Agency r � , E 6....a�o-.. — — s...Xn ra�Am.. (2ll b„ O — "'•°b"""' -°—- sues „g,OYapylr uurtEYAxcE,A1M"M 1:E m6 0 51 C „»„•,,, _-- A.aoW W. _• - `"` _ — .nn v Rs� X LS)NrrM OF ATAX w 6 v6a� mQ* Red y FOTT LauitY Center NYereep4 N 7 llml M °S' YR r.. . .no wi.ssY �.. .uuo..n n [x REI» • s YA P .s. O61aLT M I000 PROPERTY MAP BOOTH to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-51-2-7 & p/o 8 15780 & 17240 Sound View Avenue, Southold Closing held: June 14, 2005 Land Preservation Department From left to right: Melissa Spiro, Land Preservation Coordinator Tim Caufield, Vice President - Peconic Land Trust Dr. Edward C. Booth, Seller Patricia S. Booth, Seller Marian Sumner, Peconic Land Trust MELISSA A. SP1RO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: From: Date: Re: Supervisor Horion Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Suffolk County Division of Real Estate Melissa Spiro, Land Preservation Coordinator June 14, 2005 BOOTH to TOWN OF SOUTHOLD SCTM #1000-51-2-7 & plo 8 Please be advised that the Town has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: PROPERTY OWNERS: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: FUNDING: MISCELLANEOUS: 15780 & 17240 Sound View Avenue, Southold Edward C. Booth and Patricia S. Booth, his wife Closing took place June 14, 2005 $801,212.80 (based on 21.6544 buildable acres @ $37,000/acre) 21.8647 acres (includes .2103 acre right-of-ways) Community Preservation Funds This property is part of a conservation subdivision that received final approved from the Planning Board on June 13, 2005, dividing the 28.3647 acre parcel into Lot 1 (24.8647 acres development rights easement to Town), a building envelope within Lot 1 (3.0 acres), Lot 2 (1.5 acres), and Lot 3 (2.0 acres). This properly is listed in the Town's Community Preservation Project Plan, February 5, M09 •The Suffolk Times • 11 Patricia Shannon Booth Patricia Shannon Booth died at enough, she volunteered for a pilot home on Jan.29 at the age of 79,after hospice program, later, becoming of- many years of living with Parkinson's fice manager. She returned to horse- disease.She was surrounded by care- back riding;at which she was skilled givers and her family, who loved her as a young girl. Another interest was deeply. mountain hiking in Norway,and part Pat was born in Philadelphia,Pa., of several academicleaves were spent to Katherine W. with her family in Denmark. Shannon and After Pat was diagnosed with Spencer S.Shan- Parkinson's disease in 1995,she and non of Bedford, Ed moved from the Boston area to Pa. She had one Southold, where4hey lived on the sibling, Spencer . former Edward D. Cahoon property S. Shannon Jr., near Horton Point. Pat was a. per- deceased. She son of unusual physical and spiritual graduated from . beauty.Her loss will be strongly felt. Bedford - High She is survived by her husband of57 School and took years,Edward C.Booth of Southold; ' aliberal arts de- . Patricia S.Booth her sons,Edward C.Booth Jr.of Ma- gree at Wellesley College,graduating labar,Fla., and Michael S. Booth of in 1949. After a year at Katherine Peconic; her daughters, Margot W. Gibbs Secretarial School in Boston, Booth of Homestead,Fla.,and Kath- she worked for an agency in Wash- erine B. Cohen of Needham, Mass.; ington during the Korean War. and her granddaughters, Anna Pa- In'1952,shemarriedEd Booth and tricia B. Cohen and,Rosalie Jun B. moved to Baltimore, where she was Cohen. secretary to the director of the Mary Services will be held at the Church land Psychiatric Institute. Following of the Holy Trinity,Greenport,at 11 her husband's graduation from Johns a.m.on Saturday,Feb.7,followed by Hopkins University and the birth of a reception in the Parish Hall. their first child,the family moved to In lieu of flowers, donations may. Charlottesville, Va., where her hus- be made to the National Parkinson band was a Fellow in physics,then on Foundation, 1501 NW 9th Ave./Bob to Waban,Mass.,where she devoted 'Hope Road, Miami;,FL 33136-1494, herself to raising her family of four. or to the Southold Free Library,P.O. When the children . were old Box 697,Southold,NY 11971. Paid notice- NU%ILING ADDRESS: PLANNING BOARD MEMBER IJ-11\ Of SOUjy�- 11.0. Box 1179 .JERILYN B. tW IODHOLTSE Or �(Q'� tioutholiL NY 11971 Chair p T T OFFICE LOCATION: WILLIAM J.CHENIERS '1'nwn Hull Annex KRNNE'l'H L. EDWAARDS �O,1r1 54.875 State Route 25 NIAR'I'IN It.SIDOR a /�. �, �cor. Nluin Rd. & Youngs Ave., GEORilE D SOLONION Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 14, 2005 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed Lot Line Change & Cluster Conservation Subdivision of Edward Booth Located n/o CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold SCTM#1000-51-2-7 & 8 Zoning District: A-C Dear Ms. Sumner: The Southold Town Planning Board, at a meeting held on Monday, June 13, 2005, adopted the following resolution: WHEREAS, this proposal, which includes the merger of SCTM#1000-51-2-7 with SCTM#1000-51-2-8, is for a cluster conservation subdivision to subdivide a 28.36-acre parcel into three lots where Lot 2 equals 1.5 acres; Lot 3 equals 2 acres; and Lot 1 equals 24.8647 acres upon which the Development Rights on 21.8647 acres are proposed to be sold to the Town of Southold; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on October 14, 2003 on the plat dated June 20, 2003; and WHEREAS, on May 9, 2005, the Southold Town Planning Board granted conditional final approval upon the plat prepared by Peconic Surveyors, PC, dated June 20, 2003 and last revised on March 30, 2005; and WHEREAS, the applicant has filed a Declaration of Covenants and Restrictions with the Suffolk County Clerk's Office; and WHEREAS, the applicant has paid the Park and Playground Fee of$3,500; and WHEREAS, the applicant has submitted 5 mylars and 8 paper prints of the final plat with the Health Department stamp of approval; and Booth Conservation Subdivision — Page Two —6114/05 WHEREAS, the Southold Town Planning Board finds that all of the conditions of conditional final approval have been met; be it therefore RESOLVED, that the Planning Board grants final approval upon the plat prepared by Peconic Surveyors, PC, dated June 20, 2003 and last revised on March 30, 2005, and authorizes the Chairperson to endorse the maps. Enclosed please find a copy of the map that was endorsed by the Chairperson. The mylar maps, which were also endorsed by the Chairperson, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, J 'Jerilyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator Tax Assessors Building Department . - z Number of pages TORRENS ... : :.. :....... Serial# --. Certificate# ' Prior Ctf.# Deed I Mortgage Instrument Deed I Mortgage Tax Stamp Recording/Filing Stamps 3 FEES 1 Mortgage Amt. Page/Filing Fee � I. Basic Tax Handling 5. 00 2. Additional Tax _ TP-584 Sub Total Spec./Assit. Notation - / or EA-52 17(County) Sub Total� Spec./Add _ EA-5217(State) - TOT. MTG.TAX �O Dual Town_Dual County _ R.P.T.S.A. Held for Appointment _ Comma.of Ed. 5. 00 a "` Transfer Tax Affidavit • • - Mansion Tax ' r e The property covered by this mortgage is ertified Co — or wit impmxed by a one or two NYS Surcharge 15. lb ��� family dwelling only. Sub Total YES or NO Other - �a— Grand Total If g see appropriate tax clause on page e## of thisinumment.,. d / 4. Dist<a loon 05100 0200 007000 : 5 Community Preservation Fund f loon 05100 0200 0011000 Real Proper DPS Consideration Amount$ Tax Service Agency CPF Tax Due $ Verification Improved Vacant Land _ 6 Sarisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: TO tJY1lL II TO fix 776 TO SOU liy00 tW) N"1 ���{ •o 7 Title Company Information 4 Co.Name 0v Title# 8 Suffolk County Recording & Endorsement Page This page forts part of the attached /�'e In�i _made by: _ (SPECIFY TYPE OF INSTRUMENT) �AalrkV 9 The premises herein is situated in C o:vfi SUFFOLK COUNTY,NEW YORK.. I TO 1�� In the Township of �) A11/ii•�N hi f'o 6� 'Soff, o _ In the VILLAGE or HAMLET of BOXES 6 THRU g MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this fL day of&L,2005 by Edward C. Booth and Patricia S. Booth residing at 175235 Soundview Avenue, Sou old, NY 11971, hereinafter referred to as the DECLARANTS; WITNESSETH: WHEREAS,the DECLARANTS are the owners of certain real property situate on the South side of Soundview Avenue, the West side of Mt. Beulah Avenue and the North side of Old North Road, Town of Southold, Suffolk County,New York,more particularly bounded and described in Schedule "A"attached hereto(hereinafter referred to as the Property); and WHEREAS, the DECLARANTS have made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a conservation subdivision,as shown on the Final Plat--Cluster Conservation Subdivision for Booth prepared by Peconic Surveyors, P.C. last dated May 27,2005 which will simultaneously be filed in the Office of the Suffolk County Clerk: and WHEREAS, for and in consideration of the granting of said approval,the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots I and 2, and 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office;and WHEREAS, the DECLARANTS have considered the foregoing and have determined that the saute will be for the best interests of the DECLARANTS and subsequent owners of said parcels; NOW, THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANTS, for the purpose of carrying out the intentions above expressed,do hereby make known, admit,publish,covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs,executors, administrators, legal representatives,distributees, successors and assigns,to wit: 1) Access to the 3-acre building area on Lot 1 shall be from the existing 20'-wide right-of-way from North Road and a 25'-wide right-of-way from Sound View Avenue. 2) Access to Lots 2 and 3 shall be from Mt. Beulah Avenue. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a pari hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the DECLARANTS and their successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, tenninated, revoked, annulled,or amended by subsequent 90s of the Property unless and until app&d by a majority plus one vote of the Planning Board of the Town of Southold or its successors,after a public hearing. IN WITNESS WHEREOF, the DECLARANTS above named have executed the foregoing instrument the day and year Last written above. ��OJ (L By: Edward C. Booth By: Patricia S. Booth STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) On the �°day of the year 2005 before me,the undersigned, personally appeared Edward C. Booth,persor#y known to me or proved to me on the basis of satisfactory evidence to the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. • - - _ GAL L.ASSMTO Nr,;ay pyy ,slate of riewvonc Notary Public: State of New York n .o1A..soa2sae aa 'UM lk GMti9d2 18. STATE OF NEW YORK) ss.: eTATE OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD R ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT RECORD) DEHEREBY CERTIFY TH T I HAVE COMPARED H NEXED COPY OF bEED LIBER _ �X3/ AT PAGE _RECORDED AND THAT IT IS A JUST AND TRUE COPY OF UCH ORIGINAL DECLARATION AND OF THE WHOLE IJ-iEREOF. IN TESTIMONY COUNTY AND C URWHER T THIS I HAVE/3, EREDAY OF ��SE�MY HAND AN ��� SE OF SAID CLERK , Title No: RH04301955 ALL that certain plat, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Sound View Avenue and the westerly side of Mt. Beulah Avenue; RUNNING THENCE South 01 degree 56 minutes 40 seconds East along said westerly side of Mt. Beulah Avenue, 1787.84 feet to the northerly side of North (C.R. 27) Road; RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.R. 27) Road, 310.22 feet to a concrete monument and land now or formerly of Booth; RUNNING THENCE along said land now or formerly of Booth the following three (3) courses and distances: 1. North 19 degrees 08 minutes 00 seconds East, 210.00 feet to a concrete monument; 2. North 86 degrees 17 minutes 20 seconds West, 150.42 feet to a concrete monument; and 3. South 19 degrees 08 minutes 00 seconds West, 170.00 feet to a concrete monument on the northerly side of North (C. R.27) Road; RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.R. 27) Road, 300.82 feet to land now or formerly of R. 3. & H. Oonopria; RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said last mentioned land and later along land now or formerly of H. V. Miepus&M. G. Ellis,1266.03 feet to the southerly side of Sound View Avenue; RUNNING THENCE North 73 degrees 27 minutes 30 seconds East along the southerly side of Sound View Avenue, 88S.26 feet; RUNNING THENCE North 63 degrees 09 minutes 00 seconds still along said southerly side of Sound View Avenue, 134.52 feet to the corner at the point or place of BEGINNING. CerLficate of Title 2 0 0 P H O T O S EDWARD C. BOOTH and PATRICIA S. BOOTH to TOWN OF SOUTOLD Development Rights Easement SCTM #1000-5%2-7 (f/k/a SCTM #1000-51-2-p/o 7 & p/o 8) 21.8647 acres 15780 & 17240 Sound View Avenue Southold, New York Closing held on June 14, 2005 View from southwest corner facing northerly from North Road (CR 27) November 2005 EDWARD C. BOOTH and PATRICIA S. BOOTH to TOWN OF SOUTOLD Development Rights Easement SCTM #1000-51-2-7 (f/k/a SCTM #1000-51-2-p/o 7 & p/o 8) 21 ~8647 acres 15780 & 17240 Sound View Avenue Southold, New York Closing held on June 14, 2005 View from southwest corner facing southeasterly from North Road (CR 27) November 2005 EDWARD C. BOOTH and PATRICIA S, BOOTH to TOWN OF SOUTOLD Development Rights Easement SCTM #1000-51~2-7 (f/k/a SCTM #1000-51-2-p/o 7 & plo 8) 21.8647 acres 15780 & 17240 Sound View Avenue Southold, New York Closing held on June 14, 2005 View from northeast corner at intersection of Sound View Avenue and Mt. Beulah Avenue facing southerly November 2005 EDWARD C. BOOTH and PATRICIA S. BOOTH to TOWN OF SOUTOLD Development Rights Easement SCTM #1000~51~2-7 (f/k/a SCTM #1000-51-2-p/o 7 & p/o 8) 21.8647 acres 15780 & 17240 Sound View Avenue Southold, New York Closing held on June 14, 2005 View from northeast corner at intersection of Sound View Avenue and Mt. Beulah Avenue facing southerly November 2005 EDWARD C. BOOTH and PATRICIA S. BOOTH to TOWN OF SOUTOLD Development Rights Easement SCTM #1000-51-2-7 (f/k/a SCTM #1000-51-2-p/o 7 & p/o 8) 21.8647 acres 15780 & 17240 Sound View Avenue Southold, New York Closing held on June 14, 2005 View from northeast corner at intersection of Sound View Avenue and Mt, Beulah Avenue facing southwesterly November 2005 EDWARD C. BOOTH and PATRICIA S. BOOTH to TOWN OF SOUTOLD Development Rights Easement SCTM #1000-51-2-7 (f/k/a SCTM #1000-51-2-p/o 7 & p/o 8) 21.8647 acres 15780 & 17240 Sound View Avenue Southotd, New York Closing held on June 14, 2005 View from Sound View Avenue facing southerly November 2005 A E R I A L S 2004 Aerial BOOTH Property 2i~8647 acres development rights easement 2001 Aerial BOOTH Property 15780 & 17240 Sound Vi~ · SoUthold 21 ~8647 acres development rights 27-1031 I I I Scale 1:16053 1999 AERIAL PHOTO SHOWING SUBJECT ~? S U R V E Y SUFFOLK COUNTY DEPARTMENT 0£ HEAL TH SERVICES HAUPPAUGE, N. Y, DATE THIS lB TO CERTIFY THAT THE PROPOSED REAL TY SUBDIVISION OR DEVELOPMENT FOR IN THE F/TH A TOTAL OF LOTS /fAS APPROVED ON THE ABOVE DATE, IfATER SUPPLIES AND SEP/A6E DISPOSAL FAC/UT/ES MUST CONFORM TO CONSTRUCT/ON STANDARD~ tN EFFECT AT THE T/~E OF CONSTRUCT/ON AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL BE VALID ONLY IF THE REAL TY SUBDIVISION /DEVELOPMENT MAP IS DULY FILED W/TH THE COUNTY CLERK E/THIN ONE YEAR OF THIS DATE. CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS MAP ON Y/H/CH THIS ENDORSEMENT APPEARS iN THE OFFICE OF THE COUNTY CLERK iN ACCORDANCE if/TH PROVISIONS OF THE PUBLIC HEAL TH LAif AND THE SUFFOLK COUNTY SANITARY CODE. VITO A. MINEI~ P.E. DIRECTOR, DIVISION OF ENVIRONMENTAL OUALITY I HEREBY CERTIFY THAT THIS SUBDIVISION PLA T WAS MADE FROM ACTUAL SURVEYS COMPLETED ~/~/~'~ THAT ALL MONUMENTS SHOWN TNUS~ · ACTUALLY EXIST AND. THEIR POSITIONS ARE CORRECTLY EHOifN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. JOHN/T. MET~G~N.Y.S. L.S. LIC. NO. 4961B THIS tS TO CERTIFY THAT THE SUBDIVISION PLA T HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION OF APPROVAL DA TED BY CHAIRMAN PLANNING BOARD Z RIGHT OF ~/AY KEY MAP scale; I'= 600' CL US TER CONGER VA TION SUBDIVISION FOR EDWARD C. BOOTH & PA TRICIA S. BOOTH A T SOUTHOLD / H~ff~BY CE WERe_ ~.SlGI~ THEX~OIL~".~,I DEPAt~TMEN7 ~/ELL DETAILS ROAD TYPICAL P~OT P~AN /! ~ or ~ Pool Septic Sy$1em Depending off fhe deplh Io ground wrier ~FY ~THE WA TEn SUPpL Y/S) AND/OR SEWAGE DISPOSAL SYSTEMS) FOR THIS PROUECT i~D~R~ER ~Y DIRECTS. BASED UP~ A CAREFUL A~ T~ STUDY ~ O~DFATER CONDITIONSf ALL LOTS~ AS PROPOSEDA CONFORM TO THE SUFFOLK COUNTY %HEAL TH ~RVICES CONSTRUCTION STANDARDS IN ~FFECT AS OF THIS DATE`. : ~:OSEPHFISCHET, P.E. LIC. NO. 0525,0 CONTOUR LINES ARE REFERENCED TO FIVE EASTERN TOWNS TOPOGRAPHIC MAP TOTAL AREA = 28.3647 acres OF ~ECTION 7E09 OF TEE NEif YO~K STATE EDUCAT~N LAif. EXCEPT AG PER SECTION 7209 - SUBDIVISION E. ALL CERTIFICATiON$ CERTIFIED TO, AOUEBOGUE. ABSTRACT C~ NORTH FORK BANK TOWN OF SOUTHOLD LAND AMERICA COMMONWEAL TH vAcANT N/O/F R.J. & wELL NUMBER OF LOTS = 3 ZONING DISTRICT AC SCHOOL D/STRICT SOUTHOLD FIRE D/STRICT SOUTHOLD 17235 $OUNDVIEW A VENUE SOUTHOLD, N, Y, 11971 TEBT HOLE EL. ,~ Brown silty Ted Hole b, McDonald (pEEP) TO WN OF-SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 51 - 02 -- 07 & 08 SCALE' 1"= I00' JUNE 20, 2003 SEPT. 22, 2003 ( revision ) OCT. 7, E`O03 ( revision I Oct. 28, 2004 (revisionsl DEC. 20, 2004 (oddltlond ) FEB. B~ SO05 (REVISIONS) MARCH 301 2005 (Revisions) May 27~ 2005 (revl~ions) FINAL SURVEY PECONIC SURVEYORS, P.C. (651i 765 - 5020 FAX (6311 765 - 1797 P. O. BOX 909 1230 TRA VELE`R STREET SOUTHOLD~ N.Y. 11971 03- 172 2 0 0 1 A E R I A L M A P Town of Town $outhold Board Hearing Town Development Rights Purch e iVlap Prepared by Town of Southold October 18, 2004 GIS