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HomeMy WebLinkAboutHubbard, Anne A1000-55-2-24.2 Baseline Documentation Premises: 47355 County Road 48 Southold, New York 7.2228 acres Development Rights Easement ANNE A. HUBBARD to TOWN OF SOUTHOLD Easement dated December 11, 2003 Recorded December 17, 2003 Suffolk County Clerk - Liber D00012290, Page 536 SCTM #: 1000-55-2-24.2 Premises: 47355 County Road 48 Hamlet: Southold Purchase Price: $-0- (Gift) Closing Expenses Funding: Peconic Bay Region Community Preservation Fund (2% land bank) CPF Project Plan: Yes 'Total Parcel Acreage: 7.2228 acres Development Rights: 7.2228 easement acres (includes reputed 60' wide lighting company easement) Zoned: A-C (agricultural) RO (residential office) Existing Improvements: In August 2003 - wood fencing at northeast corner; utility line tower with overhead wires; hedges and dilapidated wood fence along part of southerly boundary lines P R 0 P E R T Y V I S U A L S IOHN C. ET-.'T .I~I~,S LAND SURVIVOR Hubbard Properties (in red). Preserved Lands (in green), From 2001 aerial photOgraphs, Scale: 1" = 400' E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment Hubbard Properties 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-%.e.e~ort is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards 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 properties lie in the Hamlet of Southold, Town of Southold, County of Suffolk, New York. The subject properties consist of three parcels of vacant, undeveloped land. Parcel 1 is located at the northeast comer of Horton Lane and North Road (CR 48). Parcel 2 is located on the south side of North Road (CR 48), approximately 200 feet west of Railroad Avenue. Parcel 3 is located on the west side of North Road (CR 48) opposite Yennecott Drive. The properties are more particularly described as Suffolk County Tax Map # 1000-063-01-16, 1000-055-05-2.4 and 1000- 055-2-24.2, respectively. Parcel 1 consisted of vacant woodland. No structures, foundations, staining or stressed vegetation were observed on Parcel 1. No private water supply or monitoring wells were observed on the property. The northern portion of Parcel 2 consisted of a wooded area while the southern portion was open field. A possible well was observed in the wooded area of the lot. No structures, foundations, staining or stressed Vegetation were observed on Parcel 2. Parcel 3 consisted, of a vacant lot. A Long Island Power Authority right-of-way passed through the property. A circular area undergoing revegetation was observed in the middle of the property. No structures, foundations, staining or stressed vegetation were observed on the Parcel 3. Historic aerial photograpffs fi.om 1960, 19~76, 1980, 1994 and 1999 were reviewed in order to determine past uses of the properties. This review revealed that all three (3) parcels were used for agriculture in the 1960 aerial. Revegetation was apparent on Parcel 1 and part of Parcel 2 in the 1976 and 1980 aerials. The 1994 and 1999 aerials depict the subject parcels as they were during the site inspections. / An extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, one (1) RCRA generator, one (I) LUST iricident and one (1) closed spill incident located within one-half (0.5) mile of the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. Ph,~se I ESA However, the suspected well located on Parcel 2 should be properly abandoned if it is not being actively used. Page ~2 of 26 1 ] ! 1 1 1 1 1 FIGURE 1 LOCATION MAP Source: DeLorme Street Atlas Scale: Not to Scale Hubbard Properties, Southold Phase I ESA NORTH Hubbard Properties, Southold Phase I ESA 1 1 ! 1 1 FIGURE 3 WATER TABLE MAP General Location of Parcels ',',[,IT'FL['; ~,,',.,. t~ECONIC Source: Suffolk County Water Table Map, 1999 Scale: 1 = 8,000' NORTH P U B L I C H E A R I N G I ELIZABETH A. NEV~I 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. 480 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2003: RESOLVED that the Town Board of the Town of Southold hereby sets 8:35 p.m.~ Tuesda¥~ August 12~ 2003~ Southold Town Hall~ 53095 Main Road~ Southold~ New York, as the time and place for a public hearing on the question of the gift of a development rights easement on 7.25 acres of property from Anne A. Hubbard~ in accordance with Chapter 6 of the Town Code. This parcel is known as SCTM#1000-55-2-24.2, the address is 47355 County Road 48, Southold, New York and is located north of the intersection of County Road 48 and Boisseau Avenue. The total price would be costs associated with transfer of title of land to be gifted. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 8:35 p.m. Tuesda¥~ August 12~ 2003~ Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing on the question of the gift of a development rights easement on 7.25 acres of property from Anne A. Hubbard~ in accordance with Chapter 6 of the Town Code. This parcel is known as SCTM#1000-55-2-24.2, the address is 47355 County Road 48, Southold, New York and is located north of the intersection of County Road 48 and Boisseau Avenue. The total price would be costs associated with transfer of title of land to be gifted. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: July 29, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON AUGUST 14~ 2003~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Melissa Spiro Town Clerk's Bulletin Board Town Board Members Town Attorney Hubbard SOUTHOLD TOWN BOARD PUBLIC HEAR1NG August 12, 2003 8:35 P.M. HEARING ON THE QUESTION OF THE GIFT OF A DEVELOPMENT RIGHTS EASEMENT ON PROPERTY OF HUBBARD~ SCTM # 1000-55-2-24.2 Present: Supervisor Joshua Y. Horton Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Absent: Justice Louisa P. Evans COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 8:35 p.m, Tuesda¥~ August 12~ 2003~ Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing on the question of the gift of a development rights easement on 7.25 acres of property from Anne A. Hubbard~ in accordance with Chapter 6 of the Town Code. This parcel is known as SCTM#1000-55-2-24.2, the address is 47355 County Road 48, Southold, New York and is located north of the intersection of County Road 48 and Boisseau Avenue. The total price would be costs associated with transfer of title of land to be gifted. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. MELISSA SPIRO, LAND PRESERVATION COORDiNATOR: The next three hearings all involve donations of development rights easements from Anne Hubbard. Although they are three separate and distinct properties, I will make my comments now for all three. The first hearing is on property located on the northeast comer of the intersection of CR 48 and Hortons Lane. This parcel is located within the Limited Business (LB) Zoning District. It is a vacant wooded lot, of approximately 1 acre. The landowner is offering to donate a development right easement to the town on the entire property. The second hearing is on property located on the south side of CR 48, about 200' west of Young's Ave. This parcel is located within the Limited Business (LB) Zoning District also. It is a vacant, mostly wooded lot, of approximately 3.17 acres. The landowner is offering to donate a development right easement to the town on the entire property. The third hearing is on property located north of the intersection of CR48 and Boisseau Avenue. This parcel is split zoned. The frontage of the parcel, to a depth of about 150' is zoned Residential Office, and the remaining interior land which is Southold Town Board-Public Heating August 12, 2003 approximately 5 acres is located within the A-C Zoning District. The property is vacant, fallow farmland. Again, the landowner is offering to donate a development right easement to the town on the entire property. I would like to thank Anne Hubbard for these generous donations to the town. Private contributions such as these are an important part of the preservation efforts within the town. The acceptance of these gifts contributes to the Town's land preservation efforts and these particular gifts further the town's goal of protecting scenic vistas along the scenic byway of CR48. Both the Land Preservation Committee and I support the acceptance of the offer to donate the development rights on these properties and we recommend acceptance of same by the Town Board. SUPERVISOR HORTON: Thank you, Ms. Spiro. Would anyone from the public care to address the Town Board on these three gifts? (No response) Any Board members? (No response) We will close this public hearing. Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N REGISTRAR OF VITAL STATISTICS IVIARR~GE 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 CI.ERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 501 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 12, 2003: WHEREAS, the Town Board of the Town of Southold wishes to accept the offer of the gift of a development rights easement on 7.25 acres of property from Anne A. Hubbard, located north of the intersection of County Road 48 and Boissean Avenue in Southold, identified as SCTM#1000-55-2-24.2, pursuant to the provisions of Chapter 6 and Chapter 59 of the Code of the Town of Southold. The exact area of the development rights easement is subject to a survey. The total price will be costs associated with transfer of title of land to be; now therefore be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; 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 ~mallty Review SHORT ENV/RONMENTAL ASSESSMENT FORH For UNLZSTED ACTIONS Only PART I-PRO3ECT [NFORHATZON (To be completed by Applicant OR Project) Page 1 of 2 1. APPL/CANT/SPONSOR: Southold Town Board 1 2. PROJECT 3. PROJECT LOCATION: 4. PRE(3.SE LOCATION: (Street address and road Intersections, prondnent landmarks, etc, or provide map) ~75~'~' Ox,~ry ~o,4D ~8, 5ou. THoLD, I,'a,'aEeI,~T~£Y/t/o~TH oF: PROPOSED ACTION: 7. AHOUNT OF I.A~D AFFECTED: PROPOSED ACTION COHPt.Y ~ EX~-I/NG ZONING OR OllJER EX/S1/NG LAND USE RESTRZCTLONS? ~/' Yes[3 No 9. Wh~T ZS PRESENT LAND USE IN YIO[NllY OF pROJECT? I~ ~esk~l [] Commerda~ [] ~n~-~, I~' ~.~.~ [] De.r/be; 10. DOES ACT[ON ZHVOLVE A PERI4-1T APPROVAL, OR FUHDZNG, NOW OR ULTINATELY FROH ANY OTHER GOVEKNHENTAL AGENCT (FEDERAL., STATE OR LOCAL)? 11. DOES ANY ASPECT OF THE ACTJ[ON HAVE A CURRENTLY Vkl-D) PERNz'r OR APPROVAL? 12. AS RESULT OF PROPOSED AC1/ON WZLL ~ PERH1T/APPROVAL RE(~U~RE MOD~'][CA1/ON? [] Yes ~'No CERTIFY 'II~AT I~E TNFORHA1/ON PROVZDED ABOVE IS 'TRUE TO THE BEST OF NY KNOWLEDGE Appr~nt/sp(msorNa~: $OUcTHOCD T*m,Z,V I~le..il ~: PAI~T ~X-ENV[RONMENTAL ASSE$$Ft, ,' (To be completed by Agency) Page 2 of 2 DOES AC'I/ON EXCEED ANY TYPE ! I~IRESIIOLD t*g 6 NYCRI~ PART 617.47 [] ye~' No l£y~. co~r~r~ate E;e mv/ew proces; a~ u~ O~e/u//EAF B. WZLL ACT/ON RECE/VE COORDt*NATED REV/EW AS PROVIDED FOR UNLT. STED AC]TONS ZN 6 NYCRR~ PART 617.67 [] yes~' NoI£no, anegaEved~/a~tionmayl~..~:~lx,/anoO"~'iflvolv'~dageficy C, COULD AC'I'~ON RESULT ~N ANY ADVERSE EFFEcTs ASS~OC~ATED WITH THE FOLLOWING: Answers may be hand~i;;~m~ if legible) C4. A commun~y'$ ex~fln9 plans m* goab as offidail'/adopted, or chan~e in use or intens~ of u~e of land ~ ~ ~ ~? ~*0 D. W/LL THE PRO.]ECT HAVE AN ~MPACT ON THE ENV~RONHENTAL CHARACTERXCS 1]JAT CAUSED THE ESTABLISHMENT OF A CEA? E. ]IS THERE~ OR ~.S THERE I..~KELY TO BE~ CONTROVERSY RELATED TO POTENI-xAL ADVERSE ENVIRONMENTAL IMPACTS? [~ yes[~ No PART Tn*. DEI~RMZNAT/ON OF S~GNXF~CANC~ (To be compiel;ed by Agency) iNSTRUCT~0NS: For each adver~ effect IdenUfied above, de~m*nine wheffaer it Is substantial, la~ge, or oU',erwise dg~nL ~ ~ ~ be asses~d In cmned~m with Its (a) se~ng 0.e. urban or n~0; probabltty o~ occur~g; (c) ~; (d0 irm~e~ref; (e) geographic sc~e; and (0 magnitude. If n~ ~y, adcl aU;K:hmen~ or reference sul~otting matmials. Ensure that explanations o~t sutTtci~t d~all to s~ow A C C E P T A N C 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 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. 519 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 12, 2003: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the girl of a development fights easement on 7.25 acres of property from Anne A. Hubbard on the 12th day of August 2003, pursuant to the provisions of Chapter 59 (Open Space 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#1000-55-2-24.2, and is located north of the intersection of County Road 48 and Boisseau Avenue, in Southold, New York; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space/agricultural purposes; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold accept the offer of the gift of the development rights easement; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to accept the offer of the gift of a development rights easement on 7.25 acres of property from Anne A. Hubbard~ located north of the intersection of Court .ty Road 48 and Boisseau Avenue in Southold~ identified as SCTM#1000-55-2-24.2~ pursuant to the provisions of Chapter 6 and Chapter 59 of the Code of the Town of Southold. The exact area of the development rights easement is sub[ect to a survey. The total price will be costs associated with transfer of title of land to be gifted. Elizabeth A. Neville Southold Town Clerk C L 0 S I N G E X P E N S E S DATE: PLACE: GRANTOR: GRANTEE: GRANTEE' S ATTORNEY: TITLE COMPANY REP.: PREMISES: ANNE HUBBARD WITH TOWN OF SOUTHOLD December 17, 2003 BY MAIL Anne Hubbard Town of Southold Lisa Clare Kombrink Christopher McKeever 47355, 44225 and 45000 Southold, New York County Road 48 ANNEXED HERETO ARE THE FOLLOWING DOCUMENTS 1. Copy of the fully executed Easement 2. Copy of the fully executed Transfer Tax Return 3. Copy of the fully executed ~econic Bay Region Affidavit 4. Copy of the fully executed ~aQ._Property Transfer Report 5. Copy of Multiple Exception Affidavit 6. Copy of No Other Name/Judgment Affidavit 7. Copy of the Filing Receipt STEWART TITLE RVHD PAGE Suffolk County Clerk Edward P.R~maine County Clerk Receipt ~,~er : Payor N~me 03-01A3962 STEWART TITLE INSURANCE COMPANY DESCRIPTION T I~NS AMOUNT TyPe o~ Inmtl~n~: EASEMENT/DOP Pa~e/Fliln~ 973.00 Eandling SS.00 ¢0S 95.00 I,~S SR(3H~ 915.oo TP-584 $5.00 No~a=~on $0.00 Cerb.Copie$ $0.00 SCTM ' ~0.00 Transfer tax $0.00 com~.Pres 90-00 Fees Paid $17~.00 Convey~e A~: 90.00 Transfer Ta~ Number 03-20642 LIB~PAGE D00012290 ?$$6 DATE: 12/17/2003 TII~: 0~:19:08 PM RECEIPT TOTAL $172. O0 CHECK AMT PAID $172.00 TOTAL AMOUNT PAID $172.00 CHECK R.E P uATD $0.00 JOHN C. EHLERS LAND SURVEYOR 6 East Main Stmet Riverhead, NY 11901 Phone: 631-369-8288 Fax:631-369-8287 Invoice Date Invoice # 8/20/2003 21732 Bill To Town of Southold PO Box 1179 Southold, N.Y. 11971 Attn: Land Preservation Your Client Hubbard Date of Service 8/20/2003 ~/AUG 2 5 2003 D£PI OF LAND PR£$ERVATION Description Current survey of approximately 7.4 acres of commercial property NOTE: This survey will take approximately 3 weeks from acceptance to complete SCTM~ 1000-55-2-24.2 Total Balance Due My Job # 0~231 Amount 2,100.00 $2,100.00 $2,100.00 'lVefson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 03287 Project: VA01265 Hubbard Properties, Southold Manager: McGinn, Steven To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Greg Yakaboski Invoice #: 1993 Invoice Date: October 07, 2003 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,900.00 Contract Item #l: Prepare Phase I Environmental Site Assessment Work Performed: 8/21 thru 10/1/03 Contract Amount: $1,900.00 Percent Complete: 100.00% Fee Earned: $1,900.00 Prior Fee Billings: $0.00 Current Fee Total: $1,900.00 *** Total Project Invoice Amount $1,900.00 All invoices are due net 30 days. A late charge of 1% per month will be added to any unpaid balance after 30 days. Please make all checks payable to NELSON POPE & VOORHIS Please include invoice number on check NELSON POPE & VOORHIS NOW ACCEPTS CREDIT CARDS VISA - MASTERCARD - AMERICAN EXPRESS R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP ~m~er of Pages: 24 TRANSFER TAX NUMBER: 03-20642 District: 1000 Deed Amount: Section: Block: 055.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Recorded: At: LIBER: PAGE: Lot: ~eceived the Following Fees For Above Instrument Exert Page/Filing $72.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Corm. Pres $0.00 NO TRANSFER TAX NUMBER: 03-20642 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 12/17/2003 04:19:08 PM D00012290 536 024 · 002 '- Ex-~t $5.00 NO $15~00 NO $0.00 NO ST0.00 NO $0.00 NO $172.00 FEB 25 2004 ' FEB 2 7 2004 OEP1. 0[: LAND PRESERVATION Numbe~ of pnges TOP, P,I~IS CL~O~ L D000122~0 Deed / Mo~g~ge ~t Deed / Mo~nge Tax Stamp P. eco~U~ / ~ Stan~ Hnn~ling 5. 00 TP-584 , ~- __ Nota~on EA-52 17 (Count) EA-5217 (State) AlSdavit Conified Col,y NY$ Sub To~l Mortgage AmL l. Basic Tax 2. Additie~l Tax SubTotal SpecJAssk Spec./Add. ' TOT. MTG. TAX Dual Town Dual Coanty Held for Appointment tansfe~ Tax ianaion Tax o~ will be improved by a ooe o~ two family dwelling only. YES ~ NO If NO, se~ a~ tax clause oa Consideration Amount CPF~ l? I CompanyInformation Co. Name Suffolk County Recording & Endorsement Page ($pEC~Y TYPE OF INSTRUMENT) SUFFOLK COUNTY, NEW YORK. In the VILLAGE e~ HAMLET of BOXES 6 THRU 8 MUST BE ~YPED OR PR1N r~u IN BLACK INK ONLY pRiOR TO RECORDING OR FR2NG. (over) GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS pEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the ir day of~0tc~ff/0(r2003 at Southold, New York. The parties are ANNE A. HUBBARD residing at 9 Legget Road, Bronxville, New York (herein called 'Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call 'Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk Couoty, New York, more fully described in SCHEDULE A and designated for purposes of this Easement as Parcel A (SCTM#1000-55-2-24.2), Parcel B (SCTM#1000-63-1-16) and Parcel C (SCTM#1000-55-5-2.4) and shown on the surveys marked EXHIBTF A, all attached hereto, made a part hereof, and hereinafter referred to as the 'property"; and WHEREAS, the Property is currenUy agricultural land in an open and fallow condition; and WHEREASf 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, and has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in whidl 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, sceni_c and agricultural resource; and NOW THEREFORE, in consideration of ONE .DOLLAR ($1.00) and other good and valuable consideration paid to the Grantor, the receipt of which Is' hereby acknowledged, the. Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the property herein; more particularly bounded and described on Schedule 'A" annexed hereto and made a part of this InStrument. TO HAVE AND TO HOLD said Development Rights Easement and the dghts 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, her 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. Stewart Title Insurance Company Title No: 23-S-3144 Schedule A Description ,'PARCEL A: 1000-055.00-02'00-024'002 ALL that certain plot, piece or parcel of land with thc buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road, which point is the southeast comer of land now or formerly of Madeleine Schlaefer; and from said point of beginning RUNNING TItENCE North 39 degrees 39 minutes 30 seconds West, 150.00 feet to a point; TltENCE South 50 degrees 22 minutes 00 seconds West, 55.00 feet to a concrete monument; · THENCE South 52 degrees 22 minutes 20 seconds West, 93.35 feet to a concrete monument and land now or formerly of Wheeler; THENCE South 55 degrees 32 minutes 40 seconds West, 140.01 feet to a concrete monument and land formerly of Hoffmann, now or formerly of Pirrem; THENCE South 59 degrees 21 minutes 00 seconds West, 140.01 feet to a concrete monument and land formerly of Davis, now or formerly of Pirrem; THENCE South 62 degrees 05 minutes 40 seconds West, 61.99 feet to a concrete monument; THENCE South 79 degrees 15 minutes 00 seconds West, 126.93 feet to a concrete monument and land formerly of Van Duzer, now or formerly of Van Duzer Appliance Company Inc. THENCE North 10 degr.~ces 53 minutes 50 seconds West, 450.43 feet to a point and land now or formerly of Carroll; TOGETHEK with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. THENCE North 79 degrees 15 minutes 00 seconds East, 625.34 feet to a concrete monument and land now or formerly of Carroll; THENCE South 07 degrees 08 minutes 00 seconds East, 30.35 feet to a concrete monument; THENCE southerly along other land of Carroll, South 87 degrees 49 minutes 50 seconds East, 414.30 feet to a concrete monument and the northerly side of Middle Road; THENCE westerly along the said northerly line on a curve to the right having a radius of 9.259.01 feet, a distance of 462.77 feet to the point or place of BEGINNING. "PARCEL B:. 1000-063.00-01.00-016.000 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Horton's Lane at the northerly end of a curve connecting the easterly side of Horton's Lane with the northerly side of Middle Road; RUNNING THENCE North 8 degrees 57 minutes 10 seconds West along the easterly side of Horton's Lane, 77.96 feet; THENCE North 71 degrees 48 minutes 10 seennds East along land formerly of Conway Bros., now or formerly crV A Realty, Inc., 388.36 feet; THENCE South 22 degrees 53 minutes 20 seconds East along land formerly of Long Island Cauliflower Association, now or formerly of V A Realty Inc., 93.54 feet to the northerly side of Middle Road; THENCE South 67 degrees 06 minutes 40 seconds West along the northerly side of Middle Road, 367.01 feet to the easterly end of the curve above mentioned; THENCE northwesterly along the same, having a radius of 40.00 feet, a distance of 72.56 feet to the point or place of BEGINNING. PARCEL C: 1000-055.00-0.5.00-002.0~04 ALL that certain plot, piece or parcel of' land with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: TOGETHER with all right, title and interest of.the party of the first part, in and to the land lying in the street in front of and adjoining said premises. BEGINNING at a point on the southerly side of Middle Road at the northwest comer of premises herein described, adjoining land formerly of Middle Road Corp., now or formerly of North Steak LLC, on the west; NCE along the southerly side of Middle Road, North 67 degrees 06 ~ RIJNNING TFIE ...... '--~ formerl" of Frank W. Abrams, Jr., now or minutes 40 seconds East, 370.60 I~et to omer lm~u J ii>rmerly of William A. Penney III; TItENCE along said land and along land now or formerly ofCraxy and Joan Rempe, South 17 degrees 55 minutes 50 seconds East, 367.40 feet to land of Daniel J. Chamews and wife; TItENCE along said land South 72 degrees 04 minutes 10 seconds West, 418.14 feet to :¢ald land formerly of Middle Road Corp., now or formerly of North Steak LLC; TItENCE along said land North 09 degrees 37 minutes 50 seconds West, 338.91 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deeds recorded in Liber 12237 at page 399, Liber 12113, page 973 and Liber 12093, page 900. TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. -.SUt~-Vt=¥ OF F~ROF'IEI~.T"K ~I'I'UAT~ 50UTHOL~ TOI~IN~ ~::~UTHOLD ~F-t=OLK GOUNT~, N~ S87"49'50"]~ 41430' N JOHN C. EHI~I=~RS LAND SURVEYOR 5UP-.'v'ET' OF PP-OPt-=t:z,'l''Y , 51TUATE, .5,oUTHOL~ .kUG 2 5 S ~,p..,kPHlC. SC, ALE I'= ~0' tJ~',ZE'¢ OF ,LT::POLF-- oot~rr,¢, NY ]Olin C. Et{LEKS LAND SUKVEYO] The Grantor, for herself, and for and on behalf of her 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 1~o 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 and is authorized under Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, Including development dghts, easements, covenants, and other contractua. I rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Puroose 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 environmenta!, 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 Recoanition New York State has recognized the importance of private efforts to preserve rural land in a scenic~ natural, and open condition through conservation restrictions by the enactment of General Hunicipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Cede 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 Sufficient documentation to establish the condition of the Prope~3' 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 identifyIog and documenting the Property's agri~:ultural values as of the date hereof and to assist Grantor and Grantee with monitoring the Uses and activities on the properLy and ensuring compliance with the terms hereof, Grantee has had prepared, with Grantors cooperation, a survey dated August 12, 2003, (Parcel A) a survey dated .luly 11, 2003 (parCel B) and a survey dated ]uly 11, 2003 (Parcel C), all prepared by .lohn C. Ehlers Land Surveyor and a Phase I Ef~vironmental Site Assessment, dated September 29, 2003, prepared by Nelson, Pope & Voorhis, LLC. 0.06 Reci~ation 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. ARTTCLE ONE THE EASEH E~NT 1.0). Tvoe This instrument conveys a Development Eights Easement (herein called the ~Easement"). This Easement shall consist of the limlLations~ agreements, covenants, use restriCtions, rlghts~ 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. 'Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property fOr anything other than open space as that term Is presently referenced In Section 247 of the New Yor~ General Municipal Law and/or defined in Chapter 59 of the Town Code of the Town of $outhold. 1.03 Duration This Easement shall be a burden upon and run with the PropeH.y In perpetuity. ~..04 Effe~ This Easement shall run with the Property as an incorporeal Interest In the Property, and shall extend to and be binding upon Grantor, Grantors 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 Hghts, 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 entitles. AR"rJc LE TWO GRANTOR, fOr good altd valuable conslderalflon~ 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. From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or'within the Propedcy: 3.0! Structures Except as provided in Section(s) 4.06, the construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over, or under the Property, shall be prohibited. Structures and improvements, including, but not limited to, driveways and other structures as may be permitted in Section(s) 4.06 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 Town of Southold nOW, or as it may be amended. Approval may be granted only if the structure does not defeat or derogate from the purpose of this Easement or other applicable law. 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 shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is p~ohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except for purposes of erosion control and soil management, without the prior written consent of Grantee. 3.03 Subdivision The Proper~' 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 eperation of law, or with written consent of the Purchaser. 3.04 Dumpinq 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 cours~e 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 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 pdor written consent of the Grantee. 3.07 Prohibited Uses The use of the Property for any permanent or temporary residenUal, commercial or industrial use shall be prohibited. For the purposes of this section, agricultural production, including the raising of crops, livestock and livestock products, as the term is presently defined in Chapter 25 of the Town Code shall not be considered a commercial use. - 3.08 Soil and Water Any use or aCtivity, that causes or is likely to cause soil degradation or erosion or pollution of any surfaco 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 fungiddes) that are In accordance with sound agricultural management practices of the US Department Of Agriculture's National Resource Conservation Service. 3.09 Drainaoe The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Develooment Riahts 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 and the parties agree that such rights shall be terminated and extinguished and may not be used Or t~ansferred to any other parcels. GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE TUREE, Grantor shall retain all other customary rights of ownership In the PropeKy, some of which are more particularly described In this ARTICLE FOUR, 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. could adversely affect the environmental, scenlc~ open space, and agricultural values which are the subject of this Easement. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. 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 spedflcally 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. NT ' ATtO 5.01 Taxes end A~sessmeqts 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 taxe~ or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation Of any rights or Interests acquired herein by G~antee. Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees~ Judgments~ expensesi charges or liens to Grantee or any of Its officers~ employees, agents or independent contractors adslng 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 to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from Injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, · employees, agents, or Independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering Into or · exercise of rights under this easement, excepting any of those matters · arising solely from the acts of Grantee, Its officers, employees, agents, or independent contractors. 4..~{~.-L~L~ Dina AcUviUes Grantor shall have the Hght to Continue the current modes of landscaping, pruning and grounds ~laintenance on the Property and to clear the Property ~or use In agricultural production. Grantor shall have the right to remove or restore trees, shrubs, or other vegetaUon when dead, diseased~ decayed or damaged, and to remove Inveslve or exotic species. A. Allowable Improvements. Grantor shall have the right to erect and maintain Structures and Improvements on the Property set forth below, with the prior written approval of Grantoe~ and with such further approval as may be required by the Town Code Provided the sb'ucture or improvement dOes not defeat or derogate from the purpose, of this Easement or other appl'icable laws: Access drives, to provide access to the improvements permitted by this Section 4.06; a foot trail for non-motorized vehicles for foot traffic only for the s01e use of the future owners, tenants, occupants and invItees; and (ii) Underground facilities normally used to supply utilities and control stormwater runoff from the Improvements permitted under the terms of this paragraph A and B. (iii) Fences, If placed so as not to block or detract from the scenic view. B. Replacement of Improvements; [n 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 Ftructure shall be permitted In kind and within the same general location subJect to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. C. Environmental Sensitivity During Construction: The use and location of any improvement permitted hereunder shall be consistent with the purposes Intended heroin, and construction of any such improvem, ent 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 o~ earth and minimal clearance of access routes for construction vehicles. 4.06 Grantor shall notify Grantee~ In writing, before taking any action or before exercising any reserved right with respect to the Property, which ARTICLE GRANTEE'S I:LtGHTS 6.01 Entry and Inspection Grantee shall have the dght to enter upon the Property at reasonable times, upon prior written notice to Grantor, and in a manner that will not interfere with Gra~tor'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 dght to enter upon the Property for any other purposes, except as provided in Section 5.04nor to' permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the · Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantors cbntml, Induding, 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 addition to, and not in limitation of, any other dghts of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, prevision, covenant or obligation on Grantors 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 of this Easement), Grantee shall have the dght at Grantors sole cost and expense and at Grantee's election, (!) 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 (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, cuvenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any dght or available remedy on Grantee's part with r~spect 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 proceedings under this Section. 6.04 Notice All notices· required by this Easement must be written. Notices shall be delivered by hand or registered mail, returo receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantors address as recited herein, or to such other address a~ Grantor may designate by notice in accordance with this Section 7~04. Mailed noUce to Grahtee shall be addressed to Its principal office, redted herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may d~slgnate 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 shall not have the effect of waiving or limiting any other remedy Or relief, and the failure to exercise or delay In exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinqulshment This Easement gives Hse to a property right and Interest immediately vested in the Grat~tee. 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 Properb/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 mate_Hal and potentially unforeseeable change in the condlUons surrounding the Property makes impossible its conUnued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement by a judldal proceeding, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time. Zn the event of a sale or the · dispesiUon by Grantor to an unrelated person subsequent to such extinguishment,' or a transfer made on account of the exerdse 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. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions Imposed by this Easement or otherwise effectively to frustrate the'purposes hereof, Grantor and Grantee shall Join in appropriate proceedings at the time of such taking to recover the full value of the interests in the property subject to the taking and all Incidental or direct damages resulting from the taking. All expanses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. Grantee shall use such proceeds actually recovered by It In a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.06 shall be in addition tot and not in limitation oft any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq This Easement cqntains the entire understanding between it~ parties concerning its subject matter. Any pdor agreement between the parties concerning its subject matter shall be merged into this Easement and suparseded by it. 7.02 Amendment/Termination This Easement is made with the Intention that It shall qualify as a Conservation Easement in perpetuity under [.R.C. Section ~.70(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h), Any such amendment shall apply retroactively in the same manner as if= such amendment or amendments had been set forth herein. This Easement can be terminated or modified in accordance with the common and stbtutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land and according to other applicable provisions of State Law, including, but not limited to Section 247 of the General Hunicipal Law. If the parties seek to amend this Easement, and st~ch amendment does not alienate any property dghts acquired by Grantee herein, the Grantee shall hold a public hearing with due notice to consider the amendment. Such an amendment may be approved by a majority plus one vote of the Town Board, provided, however, that Grantee shall have no dght or power to approve to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, ~tle 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Code governing 'qualified conservation contributions". 7.03 Alienation No proparty rights acquired by Grantee hereunder shall be alienated except upon the adoption of a local law authorizing the alienation of said rights and Interest, by a majority plus one vote of the Town Board of the Town of Southold, following a public headng and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property dghts or interests which were acquired by the Town prior to an~ such amendment. 7.04 Severabilitv Any provision of this Easement restricting Grantors activities, which is determined to be invalid or unenforceable by a court, shall not be Invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will. make it enforceable and effective. Any other prevision 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· Goveroina Law " New York Law applicable tO* deeds to and easements on land located Within New York shall govern this Easement Ih all respects, including validity, construction, interpretation, breach, violation and performance. ' 7.06 Interoretation . Regardless of any contrary rule of constnJddon, 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. ff any provision of this Easement is ambiguous or shall be subject to two or more interpretaUons, one of which would render that provision invalid, then that .provision shall be given such inl~erpretation 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 thls Easement, which Is by nature and character primarily negative In that Grantor has restricted and limited bls 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 t~he Property. 7.08 Warranties The warranties and representations m~de by the parties in this Easement shall survive Its execuUon; · 7.09 Recordino Grantee shall record this Easement in the land records of the off~ce of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: TOWN ~/OUTHOLD(Grantee) //'Joshua Horton Supervisor STATE OF NEW YORK) COUNTY OF'~ SS: On this '[~'day of ])*c. in ~the year 2003 before me, the underSigned, perSonally appeared -;I,~z )7. t~e~,,~_~ perSonaJly known to me or prOved to me on the basis of satisfactory evidence to be the individual(~ whose name(~) is (.--rc) subscribed to the within instrument and 51,~_ acknowledged to me that ~.te/she/thCy executed the same in ~s/her/t~,r capacity(~c=), and that by kis/her/their signature(s) on the instrument, the individual(s), or the perSon upon behalf of which the individual(s-) acted, executed the instrument. For use outside New Tb-fl~ State: State, District of Columbia, Territory, Possession, or ) Foreign Country ) SS: . 'On the day of in the year 2003 before me, the undersigned, perSonally appeared , 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), that be his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) a~ed, executed the instrument, and that such individual made such appearance before the undersigned in the (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken.) C:/Anne/Town of Southold Development Rights Deeds/Hubbard Final Development Rights Easement STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this I -day ofl)~.~'~(in the year 2003 before me, the undersigned, personally appeared ~5~/~3 I~alJIoft , personally known to me or proved to me on the basis of satisfactory evidence to be the individualO~) whose name~) is (ar-e-) subscribed to the within instrument and acknowledged to me that he/shc/thc7 executed the same in his/he~/t;-,z~r capacity(~es'), and that by hls/her~their signature~j on the instrument, the individual(~'), or the person upon behalf of which the individual(~ acted, executed the instrument. Notary Public P R O P E R T Y R E C O R D S M~LISSA A. SPIRO PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O. Box 1179 . Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 TO: DEPARTMENT OF LAND PRESERVATION Supervisor Horton TOWN OF SOUTHOLD Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing John Cushman FROM: Melissa Spiro, Land Preservation Coordinator Development Right Easement Acquisitions: Hubbard Properties SCTM# 1000-55-2-24.2 SCTM# 1000-55-5-2.4 SCTM# 1000-63-1-16 DATE: January 7, 2004 Please be advised that the Town has acquired development right easements on the properties listed below. If you would like any additional information regarding the purchase, please feel free to contact me. SCTM#: OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: FUNDING: SCTM# I000-55-2-24.2 Anne Hubbard 12/17/03 Girl 7.2228 acres (easement on entire parcel) Gift SCTM#: OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: FUNDING: SCTM# 1000-55-5-2.4 Anne Hubbard 12/17/03 Girl 3.17 acres (easement on entire parcel) Girl O SCTM#: OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: FUNDING: SCTM# 1000-63-1-16 Anne Hubbard 12/17/03 Gift 1 acre (easement on entire parcel) Gift \ ~ ,- ~ ~ ,-- sou~.oLo s~o.,o..o ...... . ., ~ 055 Fie View Toolbar Help 55.-2-24.2 '~ ....... 47388g/$Outhold ACtiYe-'""'~)S:8 School: SoutholdSChool P~c~6ie'~nd Tru=t- R~:ye~'. ~;~ Cu~ y~ Land r ght~ LA~ AV: 900 N~e:~:: Pe~b~iCLand ~ius~ , ~:~ ~j~?: ~ Book: ~522 ~ddlAd~:: ,,, i: : Page: 315. : ale : Tota ~ 2 x- S te I 0tl ' Land 0 of O: :~ :~. P pc s Land dgh~ gook~ Page ~aeDate SaleP cm Owner : ; I NbhdCd 0: 125~ 316 06127107 .:! ~econ c Land 12237 3~9 ~2113/03 35~;~0Hubbmd. An~e, Se~:, l llllflllilllllllllflllllllriEIIllllllllllllllglilll T~peo£ Xnsl~ment: Rscm~pt~o~ : 0?-0086216 TRMISFERTAXH~]H:BER: 07-04?94 1000 Deed Amount: At: 055,00 02.00 EXJI~IEI) AI0~ CHB~M~AS FOLLOWS $o.o0 09/13/2007 04:36:51 ~lf l~.~e~ved ~ Following FeefJ Fo~ Above Tnst~me~t ~SFERTAXP~m~u,: 07-04704 JudaeA. P&B~lo Coun~2'Clozk, Suffolk Coun~, D00012522 316 Lot: 024.002 $5.00 HO $15.00 HO $75.00 HO $5.00 HO $0.00 HO $0.00 HO $157.00 FAA-52 17 (County) R.P.T.$.A. Comm. of P.d. .~. 00 otlm* 15-7 ~ Propmy 0702T82~ looo 05500 0200 024002 'lax $crvi~ PO Box 1776 Southampton, NY 11969 1~(~012~22 316 )ToW s~ ~~~is ~NO.~ ~ ~ on ~ ~' si ? I ~ Comp~ InformaClo. s ] Suffolk County Recording & Endorsement Page ($PF. CI~Y ~ OF INSTRUIVlEN'I) ~JFFOLK COUNTY. NEW YORK. TO ~th~Towuship~ ~,,+h~)~ BOXES 6 THRU $ MUST BE TYPED OR PRINTED IN BLAC~ INK ONLY PRIOR TO It~CORDR4O OR FILING. · COVe). Anne A. HublMrcl, 9 L~,ggJl Road, Bron~ville, NY 10708 I~'onlc l~nd Trat, I~'orpon~l, 29~ Hampton Ro~d, Southampton NY 119~8 de~erilml on Schedule A stta~mf hereto ami made · part hereof. B~JI~ AND INTENDED TO BE the ~Jme i~ml~es coov~M to the parl~ of the lira p~ by dJ~d da~J F~'uJ~ L~s 20~ rJeord~d F~brlmry ~ 2003 la Liber 12237 ep ~99 FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 06-7404-66527.SS-SUFF SCI I~;I}ULE A-I ALI. that certain idm, piece or parcel or Innd, situate, lying and being al $oudtoid, -['own of Soulhnld. County of Suffolk and Stets of New York, boonded =md described ss follows: BEGINNING at n point on tho im.'thody side or Middle ~ which point is thc sonthcasl center of land m)w or fonn~ly . Of Keller &on! said pohd of beginnim.q RUNNING THENCE North 39 desn.'e~ 39 fltinutc~ 30 ~ecolidS West, [50.00 foot to an ii'off pipe; THENCE Sonth $0 dq~roos ~ minu,ee O0 seconds West,"$5.00 Feet to a concrete mo,mment '['HENCE Sm,Ih 52 degree~ 22 mi,~ules 20 seconds West, 93.t5 feel to a concrete nmnmnent and hnul now or fonuerly of Whnclor; -[-[{ENCE South 55 degrees 32 mhmtes 40 ,~:coads We~L 140.01 feet Io a concrete monunmm aid land cow oe R~nuerly THENCE Somh 59 degrees 21 ittinules 00 see6nds West, 140.0l feet to n oon,~rete monumcnt nnd Innd now or fonncrty of Davis: 'I'HE-NCE ~outh 62 degrees 05 minutes 40 sa:ends West, 61.99 foot to G eonorelo mmmmenl; THENCE Senti, 79 deg.-es 15 minut~ 00 ser. o~b W~st, 126.93 fe~ to .~ concrete monum~t =md land now or fimnerly oFVsn Duzer, THENCE North 10 degrees 53 minute, z SO seconds West, 4S'0,43 foot to a point nnd Im~d now or fommrly of Carroll; THENCE North 79 deg~.s [5 minutes 00 seconds East. 625.34 feet to n concrete monument and other land now or fom~erly of Ca.oil; THENCE .Soulh 07 deFjees 0S minut~ 00 seconds 'E~, :30.35 loot to n concrete monument; THENCE ,South ~long other Innd of Carroll, Sonflt 87 de,gross 49 minutes 50 seconds :Easl, 414.30 feet to a concrete monument end tim nortlmrly side of Middle Road; THENCE wcslerly along the sa, id ~mrtbedy li#e on n curve to tim d~ht hav'inF~ a ~adius of 2259,01. a d~lnnco of 462,77 feet to the point or plaoo of BEGINNING, TIlE POLIC~' TO RE I.%$U£D mr./or thi~ commitntm~t will irritate by kne coast~ real prop~. FOR CONFE YANCIN~ ONL ¥: Togell~zr with ~11 tho right, lille and Ir~m'zsl of lhg paro, of dm firzt patl. o.f i, msd to dss lmrd ~ying h~ the s~rset In/rem ofar, d ad]olni~g sa~d pres~lszs. · ~CII£DUI.F..A.I (Dgl~plim{) Anne A. Hubbard I KII)H,ITYNATIO~ALT/TLKINSUiIA.NCB I ~ CO~*AW, Y oF N~W Yomt PeconJc Land Trust, Incorporated PO Bt~ 1~7~ Southampton NY 11969 Att: St~phm Send L P C R E v I E W R E Q U E S T S OFFICE LOCATION: MELISSA A.SPIROo���F SU�Tl Town Hall Annex LAND PRESERVATION COORDINATOR 54375 State Route 25 melissa.spiro@town.southold.ny.us ~ (corner of Main Road&Youngs Avenue) Southold,New York Telephone(631)765-5711 G Facsimile(631)765-6640 ` �� MAILING ADDRESS: P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD August 21, 2014 Luke McKay, Project Manager Peconic Land Trust, Incorporated P.O. Box 1776 Southampton, NY 11969 RE: SCTM #1000-55.-2-24.2 Peconic Land Trust, Incorporated Request for Land Preservation Committee Review for use of moveable "chicken wagons" and other temporary agricultural equipment on property on which Town owns a development rights easement Dear Luke: At its meeting held on August 19, 2014, the Land Preservation Committee reviewed your formal request dated August 14, 2014, for a use approval of moveable "chicken wagons" and other temporary agricultural equipment upon land on which the Town owns a development rights easement. The Land Preservation Committee determined that the use of moveable "chicken wagons" was considered "agricultural equipment" and not a "structure"; therefore, no LPC review or approval was deemed necessary for this agricultural use within the easement area. As you were present at this meeting, you also requested approval for the installation of an irrigation well and pipe system. This too, is considered "agricultural equipment". Please feel free to call me if you have any questions regarding the above. Sincerely, A4� Melissa Spiro Land Preservation Coordinator /md enc: request dated 8/14/2014 PECONIC LAND TRUST August 14,2014 Melissa Spiro,Coordinator Department of Land Preservation Town of Southold PO Box 1179 Southold,NY 11971 Re:Southold Town Development Rights Easement on SCTM# 1000-55-2-24.2 Dear Melissa, The Peconic Land Trust has recently been approached by a young couple who are interested in leasing farmland from the Trust in order to raise chickens.The Trust is considering leasing this couple the above referenced property also known as the Hubbard East Preserve.Before we do so,however, we have a question for the Land Preservation Committee on whether movable"chicken wagons" and other temporary agricultural equipment is permitted under the Town's easement. Thank you very much to the Committee for their attention to this matter.Should you have any questions,please do not hesitate to contact me at lmcka,.y@peconiclandtrust.org or 631- 283-3195. Best, Luke J. McKay Project Manager AUG 14 2014 DEP T*OF LAND PRE SERVATION 296 Hampton Road I PO Box 1776 1 Southampton,NY 11969 1 Phone: 631.283.3195 1 Fax: 631.283.0235 www.PeconicLandTrust.org A E R I A L S FIGL~RE 2 AERIAL PHOTOGRAPH OF PARCELS I I I I I I I I I I I I I I I Source: Spring 1999 Aerial Plaologmph, GeoMaps Scale: 1" = 350' NORTH Hubbard Properties, Southold Phase I ESA S U R V E Y SUt~Vt='F OF: PP-.OPt=P-.TY ..~ITOATE, ~OUTHOLI~ TOY, IN: ~OUTHOL~ 51)Ft=OLK COUN'Pr', NY AUG 2 5 2003 DEPf OELAND PRESERVATION ....................... _~--t~put,~/ ~ ~id~ lighting c, ompa~ N Lond No~ oF Por'm~r-I~ of. W~E John H. C. orr-olJ -__________ $87°49'50"E 414.30' / 8 ®I~APHIC 5GALE I"= 50' O DO IOO lDO FINAL SURVEY JOI-[N C. EI-ILERS LAND SURVEYOR 6 EAST ~ STRF~T N.Y.S. L[C. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\~Ip serverkt~ROS~03-231 .pro