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
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IOHN C. ET-.'T .I~I~,S LAND SURVIVOR
Hubbard Properties (in red). Preserved Lands (in green), From 2001 aerial photOgraphs, Scale: 1" = 400'
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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
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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
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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
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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
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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
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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
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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
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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'
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JOHN C. EHI~I=~RS LAND SURVEYOR
5UP-.'v'ET' OF PP-OPt-=t:z,'l''Y
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]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
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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
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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
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T~peo£ Xnsl~ment:
Rscm~pt~o~ : 0?-0086216
TRMISFERTAXH~]H:BER: 07-04?94
1000
Deed Amount:
At:
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$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
$157.00
FAA-52 17 (County)
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PO Box 1776
Southampton, NY 11969
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($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
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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
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FIGL~RE 2
AERIAL PHOTOGRAPH OF PARCELS
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Source: Spring 1999 Aerial Plaologmph, GeoMaps
Scale: 1" = 350'
NORTH
Hubbard Properties, Southold
Phase I ESA
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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
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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