HomeMy WebLinkAboutHubbard, Anne A (2)1000-55-5-2.4
Baseline Documentation
Premises:
45000 County Road 48
Southold, New York
'3.17 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 #:
Premises:
Hamlet:
Purchase Price:
Closing Expenses Funding:
CPF Project Plan:
Total Parcel Acreage:
Development Rights:
Zoned:
Existing Improvements:
1000-55-5-2.4
45000 County Road 48
Southold
$-0- (Gift)
Peconic Bay Region
Community Preservation
Fund (2% land bank)
Yes
3.17 acres
3.17 easement acres
LB (Light Business)
In July 2003 -
Some wooded areas
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SURVL~r' OF PP. OPEP-.TY
51TUAT~
E/oi i oLK GC~NT'Y, NY
[~AUG 25 2003 ~[_~J
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JOHN C. EI-[LER:
LAND SURVEYOR
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. Tlfi'sx&port
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 I. No private water supply or monitoring wells were observed on the
property. The northern portion of Parcel 2 consist~l of a wooded area while the southern portion
was open field. A possible well was. observed in the wooded area of the lot. No sixuctures,
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 photograp~ from 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
' agxiculture in the 1960 aerial. Revegetation was apparent on Parcel 1 and part of Parcel 2 in the
19'~6 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 d~cnmented regulated sites were noted
in the vicinity of the subject property. Specifically, one (1) RCRA generator, one (1) LUST flicident
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 reco~ized environmental conditions in
connection with the subject property, subject to the methodology and limitations of this report.
Hubbard Properties, $outhotd
Phase I ESA
However, tl~e 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
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Source: DeLorme Street Atlas
Scale: Not to Scale
Hubbard Properties, Southold
Phase 1 ESA
NORTH
Hubbard Properties, Southold
Phase 1 ESA
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FIGURE 3
WATER TABLE MAP
General
Location
of Parcels
/..."~0,, '~ ~ .<~', .....
..:.: .... .L ~ ::',~.: ~ .~ : . 0 ·
..~ ..- .... ~/-', C".~- '-~ ' " L" ':'~ '51.8C
'" *~ ~" ":' -- ..4~./~ ...... ,~, · ~' ~
,~ ~5'~ ,,
Source: Suffolk County Water Table Map, 1999
Scale: 1 8,000'
NORTH
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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. 479 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 8:30 p.m., Tuesday,
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 3.17 acres of property from Anne A. Hubbard, in accordance with Chapter 6 of the
Town Code. This parcel is known as SCTM#1000-55-5-2.4~ the address is 45000 County
Road 48, Southold, New York and is located on the south side of County Road 48 approximately
200 feet west of Youngs 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 8:30 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 3.17 acres of property from Anne A.
Hubbard~ in accordance with Chapter 6 of the Town Code. This parcel is known as
SCTM#1000-55-5-2.4, the address is 45000 County Road 48, Southold, New York and is
located on the south side of County Road 48 approximately 200 feet west of Youngs
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
..[:? ........... -1,
t: AUG -5 200B
TOV~t4 Al]
TOWN OF
SOUTHOLD TOWN BOARD
PUBLIC HEARING
August 12, 2003
8:30 P.M.
HEARING ON THE QUESTION OF THE GIFT OF A DEVELOPMENT RIGHTS
EASEMENT ON PROPERTY OF HUBBARD~ SCTM # 1000-55-5-2.4
Present:
Absent:
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
Justice Louisa P. Evans
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of
Southold hereby sets 8:30 p.m, Tuesday~ 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 3.17 acres of property from Anne A. Hubbard~ in
accordance with Chapter 6 of the Town Code. This parcel is known as SCTM#1000-55-5-2.4, the
address is 45000 County Road 48, Southold, New York and is located on the south side of County
Road 48 approximately 200 feet west of Youngs 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 heatings all involve
donations of development tights 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 2
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 care to address the Board on any of
these three gifts? (No response) Comments from the Board? (No response) We will close the
hearing.
Elizabeth A. Neville
Southold Town Board
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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) 765-1300
southoldtown.northfork.net
OFFICE OF THE TOWN C!,~,RK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 500 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 3.17 acres of property from Anne A. Hubbard, located on the
south side of County Road 48, approximately 200 feet west of Youngs Avenue, identified as
SCTM#1000-55-5-2.4, pursuant to the provisions of Chapter 6 and Chapter 59 of the Code of the
Town of S outhold. 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 gifted; 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 Quality Review
SHORT ENV/RONMEI~'AL ASSESSHENT FORM
Foe* UNL/STED ACTIONS
PART Z-PROJECT TNFORHA'I/ON ~1'o be completed by Applicant OR. Project) Page *t of 2
1. APPLiCANT/SPONSOR: S~r~hold Town Board
1 2. PRO.]ECT NAI4E: d~ ~( ~4/~. D
3. NtO.1ECT LOCAl'iON:
.u.~: ~T/'[Ol..~ , 6d~?HOCD T'oI,,v','V axmty: c~ ICFi:OLK
4. PRECZSE LOCATZON: (Street address and road Ifltersec~H~ prominent lamJmark~ et~ o~ D,'~1de map)
~ooo co~vry d. o4o 'fS,~OU.T/f~cP. O,V' *r*~fF~
$ cT*,,q # /Ooo-
5. ZS PROPOSED AC'I'XON:
;. DESCRZBE PRO3ECT BRZEFLY:
oF-
~,,vT{ g E
7. AHOUNT O~ LAND AFFECTED: ~ "l ~s.
INTrALLY ~, ! ~' aa'es UL'I/HATELY acres
8. WZII PROPOSED ACTZON COHPLY W1TH EXI~lzNG ZONING OR 011(ER EXZSTZHG LAND USE RESTi~CTZONS?
9. WUt~T ~ I~r.~HT LMID ~ ~ VZCXNTI'Y OF PRO.]Ei~'r?
'tO. DOES AC1/ON XNVOLVE A PE~APPROVAL, OR FUNDZNG, How OR ULT/MA'I~LY FROI4 AN~f_~OTIIER GOVE~4-'"NTAL
AGENCY (FEDERAI.~ STATE OR. LOCAL')?'
11. DOES ANY ASPECT OF THE ACllON HAVE A CURRENTLY VALID PERHXI' OR APPROVAL?
12. AS RF~T, OF PROPOSED ACT/ON W~LL EDO.~i M~G I~RI41T/APPROVAL RE~IUXRE MOD~'/CA'I/OI~
[] Yes No
! CER'IXFY 11{AT THE XNFORMATXON PROVXD~D ABOVE XS TRUE TO THE BEST OF HY KKOWI. EZX;E
~.V~Hame: SoccTHOCD Tc~ I~tl~.~ ~te: $~a3
Xf Ute aq~is Iproceedt~g withn~th~ O~;t~, and you area Mate agency, complete the Coastal Assea~i,~lt Fora1 --
pART [][-ENY'XRONMENTAL ASSF..~;M (To be completed by Agency) Page 2 of 2 _
~DOES ACI~ON EXCEED ANY TYPE ! I~IRESHOLD ZN 6 NYCR~ pART 617.47
B. WILL Ac'rLON RECEDE COORDTNATED RENEW AS PROV'JDED FOR UNL.TSTED ACTIONS ZN 6 NYCRR~ .PART 617.67
[] yes~ No Z£no, ane~aUvedec~,~,maybe-cu~endedbyafl°tl~erlnv°/vedagency
C~ ~ ACI'~ON RESULT TN ANY ADVERSE EF~CTS A~OC~ATED 1~ 11.I£'FOLLO~NG:
Aaswer$ ~y be ha~dvfl'itten~ ff ~.~'gible) . o .
~ bri.~. . :, ....
W~LL THE pRO~IECT HAVE AN IHPACT ON THE ENVIRONMENTAL CHARACTERZCS 1HAT CAUSED THE ESTABI. J. SHME NT OF A
CF.A?
7A~T m- DE'I'ERMZHA~OH OF ~GmF'XC. ANCZ (To be compteU~ by A~ency)
be assessed In c~neca~ wllh Its (a) setltng ['-e- urn..~'~dno.""'~'~n~ Ensure that ex~ ~ slalide~ Oe~all
and (0 ma~ if r~._ _......~y, add attachments or ,~,~,p,~ ...p~. -.= *
[] I~l d~Uv ~ t~ FUU- ~'"~ ............ . ·
ihtnt ~ tree Ha~ ~ Reaaenslb~ O(l~e~ In Lead Agency
Offx:er In Lead ~,cf -
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTB. AR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOIIMATION 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. 518 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 gift of a development rights easement on 3.17 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 oppommity to be heard; and
WHEREAS, said property is identified as SCTM#1000-55-5-2.4, and is located on the south
side of County Road 48, approximately 200 feet west of Youngs Avenue, 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 3.17 acres of property from Anne A. Hubbard~
located on the south side of County Road 48~ approximately 200 feet west of Youngs
Avenue, identified as SCTM#1000-55-5-2.4, 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 subiect 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
WITa
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
Copy of the fully executed Easement
Copy of the fully executed Transfer Tax Return
Copy of the fully executed Peconic Bay Region Affidavit
Copy of the fully executed Real Property Transfer Report
Copy of Multiple Exception Affidavit
Copy of No Other Name/Judgment Affidavit
Copy of the Filing Receipt
12/~c3/2003 17:20
16317275985
STEWART TITLE RVHD
RECEIPT
Suffolk COunty Clerk
Edward P.Rr-,-ine
County Clerk
Receipt N-~er :
Payor Name :
03-0143962
STEWART TITLE INSURANCE
DESCRIPTION TRANS AMOUNT
Type of ~nmtrument, EASEMENT/DOP
Page/Filing $72.00
Bandling $5.00
Co~ $5.00
~S S~ $15.00
T~-58~ $5.00
Notation $0.00
Cert. Copies $0.00
$C~ ~0.00
Tr~s~er t~ $0.00
Co~.p~m $0.00
Fees Paid $172.00
Conveyance A~n~m $0.00
Transfer Ta~ Number 03-20642
PAG~LIBER D000122907536
DATE: 12/17/2005 TIME: 04:19:08 PM
RECEIPT TOTAL $172.00
CHECK AMT PAID ~172.00
TOTAL AMOUNT PAID $172.00
CH~CK P.B ~u~fD 80.00
COMMENTS
JOHN (.,. EHLERS LAND SURVEYOR
6 East Main Street
Riverhead, NY 11901
Phone: 631-369-8288
Fax:631-369-8287
Invoice
Date Invoice #
8/20/2003 21729
Bill To
Town of Southold
PO Box 1179
Southold, N.Y. 11971
Attn: Land Preservation
Your Client
Hubbard
Date of Service
7/11/2003
AUG 2 5 2003
DEPT. OF LAND
PRESERVATION
Description
Current survey of approximately 3,1 acres of commercial
property
SCTM~ My Job #
1000-55-5-2.4 03-232
Amount
1,200.00
Total $1,200.00
Balance Due $1,2oo.oo
*Ne[son, Pope & Voorhis, LLC
572 Walt Whitman Road Phone: 631-427-5665
Melville NY 11747 Fax: 631-427-5620
Invoice
Propet'ty: 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
N,,~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: 12/17/2003
At: 04:19:08 PM
LIBER: D00012290
PAGE: 53 6
Lot:
024.002
~ived the Following Fees For Above Instrument
Exe~?t
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
Comm. 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
Ex-~t
$5.00 NO
$15.00 NO
$0.00 NO
$70.00 NO
$0.00 NO
$172.00
FEB 2 5 2004
FEB 2 7 2004
DEPI. OF LAND
pRESERVATIOtl
TORRENS
Deed / Mortgage Insh-ument
Deed / Mo~t,~age Tax Stamp
Page / F'ding Fee
TP-584
EA-52 17 (County).
EA-5217 (Sine)
ILP. T.S-A.
Comm. of Ed.
Affidavit
Ceflified Copy
F. daard p.R~aine
CLE~ 0F
L
p5~6
DTI 0~20642
Moflgage AmL
1. Basic Tax
2. Additional Tax
SubTotal
Slx=cJAssit~
Spec~ ladd. '
Held f~x Appointment .--
Transfe~ Tax
Mansion Tax
Thc ixcpcfly cove~l by this mo~nge is
family dwelling only.
YES o( NO
If NO, see app(ulxinte tax clause on
page # __ of ibis instrument
Preservation Fund
Consideration Amount
CPF $ ~
I'D
TI)
7 [ Title Company lnfomation
C.o. Na~e
Suffolk County Recording & Endorsement Page
(SPECIFY TYPE OF INSTR~
'l'b~ p~cn~scs bc~cin is situa~l in
SUPFOL~ COUNT~, NEW yORK.
In ~ae VILLAGE
o~ I/AMLET of
l~is pa~e fro-ms pan of the atlached
· TO
BOXES 6 THRU 8 MUST BE ~YPED OR pRINr~D IN BLACK INK ONLY pRIOR TO RECORDING OR FILING.
(ove~)
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THiS pEED OF DEVELOPHENT RIGHTS EASEMENT, is made on the I~1-
day of~C~0~f2003 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 munidpal corporation, having
its prindpal office at 53095 Hain Road, P.O. Box 1179, Southold, New York
(herein call 'Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, morefully
described in SCHEDULE A and designated for purposes of this Easement as
Parcel A (SCTM#1000-55-2-24.2), Parcel B (SCTN#1000-63-1-16) and
Parcel C (SCTM#~.000-55-5-2.4) and shown on the surveys marked EXHIBIT
A, all attached hereto, made a part hereof, and hereinafter referred to as the
'Property"; and
WHEREAS, the Property is currently agricultural land in an open and
fallow condition; and
WHEREAS, it is the policy of the Town of Southeld, as articulated in
the Town's HaSter Ptan 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 spedal
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and Inherent, tangible and intangible values of
the Property as an aesthetic, natural, 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 PJghts Easement, in gross, which
shall he binding upon and shall restrict the premises shown and designated
as the Property herein; more particularly bounded and described on
Schedule 'A" annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, 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
Tlt~e ~o: 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 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 northerly side of Middle l~oad, which point is the
southeast comer of land now or formerly of Madeleine Schlaefer; and from said point of
beginning
RUNNING THENCE North 39 degrees 39 minutes 30 seconds West, 150.00 feet to a
point;
THENCE 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 Hoffa~ann, now or formerly of Pin-em;
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 Pirrera;
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 V~ Dozer Appliance Company -
Inc.
THENCE North 10 degrees 53 minutes 50 seconds West, 450.43 feet to a point and land
now or formerly of Carroll; "
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.
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 degr~s 0g minutes 00 seconds Fast, 30.35 feet to a concrete
monument;
THENCE southerly along other land of Carroll, South $7 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
?.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
with the buildings and improvements
ALL that certain plot, piece or parcel of land of Southold, County of Suffolk
thereon erected, situate, lying and being at Southold, in the Town
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 cfa
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 seconds 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 crv 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 mud improvements
thereon erected, situate, lying and being at Southold, in th~ 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;
~ RIJNNING THENCE along the s~.outh, eriy, side of Middle Road, North 67 degrees 06
minutes 40 seconds East, 370.60 feet to omer lama formerly of Frank W. Abrams, Jr., now or
!6rmerly of William A. Penney III;
TItENCE along said land and along land now or formerly of Gary and Joan Rempe,
· South 17 degrees 55 minutes 50 seconds East, 367.40 feet to land of Daniel J. Chamews and
wife;
THENCE along said land South 72 degrees 04 minute~ 10 seconds West, 418.14 feet to
:said land formerly of Middle Road Corp., now or formerly of North Steak LLC;
THENCE 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.
SURVEY OP PROPERT"f'
51T~ATE~ 50UTHO,L~
TOI"~I~ T~OUTHoLD
5bT-POLl< COUN'Pr'o
$8'1°49'50"E 414,30'
~o
JOI-IN C. EIq'I~ERS LAND SURVEYOR
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 WarranLy
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
0.02 Grante~e'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 rights, easements, covenants, and other contractual rights
which may be necessary or desirable for the preservation and retention of
open spaces and natural or scenic resources.
0.03 Puroose
The parties recognize the environmental, natural, scenic or egdcultural
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 envlronmenta!, 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 Recoonition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic~ natural, and open condition through
conservation restrictions by the enactment of General Municipal Law Section
247. Similar recognition by the federal government includes Section 170(h)
of the Internal Revenue 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 Property at the time of the
delivery of this Development Rights Easement. In order to aid In identifying
and documenting the present condition of the Property's natural, scenic,
agricultural and aesthetic resources and otherwise to aid in identifying and
documenting the Property's egri~: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 July
11, 2003 (Parcel C), all prepared by .lohn C. Ehlera Land Surveyor and a
Phase I Ef~vironmental Site Assessment, dated September 29, 2003, .
prepared by Nelson, Pope & Voorhis, LLC.
~0,g6 Recil~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.
ARTICLE ONE
THE EASENENT
1,01
This instrument conveys a Development Rights Easement (herein
called the ~Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement' or its ~provislons" shall Include
any and all of those limitations, covenants, use restTIctlons, 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
York General Hunlcipal 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 Property in
perpetuity.
1,04 Effect
This Easement shall run with the Property as an incorporeal Interest In
the Property, and shall extend to and be binding upon Grantor, 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 enUtles.
ARllCL~ TW°
GRANTOR, ~or good and valuable conslderatlon~ 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.
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or'within the Property:
_3.01 Structures
Except as provided in Section(s) 4.06, the construction or placement
of residential, commercial, industrial or other buildings, structures, or
improvements of any kind or nature (including, but not limited to mobile
homes), permanent or temporary, on, over, or under the Property, shall be
prohibited. 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 nbw, 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~hibited. 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 pdor written consent of Grantee.
3.03 Subdivision
The Property may not be further subdivided pursuant to Town Law
Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they
may be amended, or any other applicable State or local law. 'Subdivision*
shall include the division of the portion of the Properb/from which the
development rights are acquired into two or more parcels, in whole or in
part. Notwithstanding this provision, the underlying fee interest may be
divided by conveyance of parts thereof to heirs or next of kin by will or
operation of law, or with written consent of the Purchaser.
_3.04 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~ of sound agricultural practices, including
fertilization and composting.
_3.05 Sians
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants, (b) to temporarily advertise the Property or
any 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 prior written consent of the Grantee.
3.07 Prohibited Uses
The use of the Property for any permanent or temporary residential,
commercial or industrial use shall be prohibited. For the purposes of this
section, agricultural production, including the raising of crops, livestock and
livestock products, as the term is presently defined in Chapter 25 of the
Town Cede 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 surface or subsurfpce waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemlcals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the US
Department of Agriculture's National Resource Conservation Service.
3.09 Drainaqe
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 t° control flooding or soil erosion on the Property.
3.10 DeveloPment Riqhts
The use of the acreage of this Property'for purposes of calculating lot
yield on any other property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property and
the parties agree that such rights shall be terminated and extinguished and
ma'/not be used or transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other customary rights of ownership in the Property, some of which are
more particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.0~ 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, ~'e~lc, 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.
4.07 Alienability_
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest In the Property but only subject to this Easement.
Grantor Shall promptly notify Grantee of any conveyance of any interest In
the Property, Including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed is subject to this Easement, without modification
or amendment of the terms of this EaSement, and shall incorporate this
Easement by reference, specifically Setting for the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
ARTICLE FIVE
GRANTOR'S OBIj~AT~ONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies~ and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments.
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation qf any
rights or Interests acquired herein by Grantee.
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, Judgments~ expenses, charges or liens to Grantee or
any of Its officers, employees, agents or independent contractors aflslng
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 damsges 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 aflslng out of the entering Into or
· exercise of dghts under this easement~ excepting any of those matters '
arising solely from the acts of Grantee, Its officers, employees, agents, or
independent contractors.
~04 Landsc~o na ActJvitfi,,~.
Grantor shall have the right to Continue the current modes of
landscaping, pruning and grounds maintenance on the Property and to clear
the Property for use In agricultural production. Grantor shall have the right
to remove or restore trees, shrubs, or other vegetation 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 Grantee, and with such further approval as may
be required by the Town Code Provided the structure or improvement does
not defeat or derogate flora the purpose of th s Easement or other appflceble
Paws: ·
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 o[ the future owners, tenants,
occupants and Invltees; and
(ii)
Underground faclflUes 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 resulUng from
casualty loss to an extent which renders repair of any ex/sting Improvements
impractical, erection of a structure of comparable size, use, and general
design to the damaged structure shall be permitted In kind and within the
same general location subject to the review and written approval of Grantee,
pursuant to applicable provisions of the Town Code,
C. Environmental Sensitivity During ConstrucUon: The use and
location of any improvement permitted hereunder shall be consistent with
the purposes Intended herein, and construction of any such imprevefr!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 of earLh and minimal clearance of. access routes for construction
vehicles.
4.06 NotiCe
Grantor shall notify Grantee~ In writing~ before taking any action or
before exercising any reserved right wlth respect to the Property, which
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Insoection
i Grahtee shall have the right to enter upon the Property at reasonable
times, upon prior written notice to Grantor, and in a manner that will not
interfere with Grar~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 right 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.
Howevei-, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantors dontrol, Including, without
limitation, fire, flood, storm, and earth movement, or from any prudent
action taken by the Grantor under emergency conditions to prevent, abate,
or mitigate significant injury to persons or to the Property resulting from
such causes.
6.03 Enforcement RiQhts of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, In addition to,
and not in limitation of, any other rights of Grantee hereunder at law or in
equitY, in the event any breach, default or violation of any term, 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 anysuch 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 right at Grantors sole cost and
expense and at Grantee's election,
(!) To institute a suit to enjoin pr cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exerdse reasonable efforts to
terminate or cure such bre~ch, default or violation and/or to
cause the restoration of that 'portion of the Property aff~'ted 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 ensbre
· compliance with the terms, conditions, covenants, obligations
and purposes of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any 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 req~Jired by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
requested. Nailed notice to Grantor shall be addressed to Grantors address
as recited herein, or to such other address as Grantor may designate by
notice in accordance with this Section 7~04. Nailed notice to Grahtee shall
be addressed to its prindpal office, redted herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice In accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
delivery or the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy Or relief,
and the failure' to exercise or delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief atany other time. ,
6.06 Extinouishment
This Easement gives rise to a property right and interest immediately
vested in the Grantee. For purposes of this Section 6.06, the fair market
value of such right and interest shall be equal to the difference, as of the
date hereof, between the fair market value of the Property subject to this
Easement and the fair market value of the Property if unencumbered hereby
(such difference, divided by the fair market value of the Property
unencumbered by this Easement, Is hereinafter referred to as the
~Proportionate Sharer). In the event a mate_dui and potentially
unforeseeable change tn the conditions surrounding the Property makes
impossible its continued use for the purposes contemplated hereby, resulting
in an extinguishment of this Easement by a Judicial proceeding, Grantor shall
pay to Grantee an amount equal to the Proportionate Share of the fair
market value of the Property at such time. In the event of a sale or the
· disposition 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 Inddental or direct
damages resulting from the taking. All expenses 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 Hghts of Grantor and Grantee set forth in
this Section 6.06 shall be in addition to, and not In limitation of, 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.
ARTZCLE 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
superseded by it.
7.02 Amendment/Termination
This Easement is made witfi the intention that It shall qualify as a
Conservation Easement In perpetuity under I.P,.C. Section 170(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to enUtie 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 statutory 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 Hunicipel Law. If the parties seek
to amend this Easement, and s~!ch amendment does not alienate any
property fights acquired by Grantee herein, the Grantee shall hold a public
heafing with due noUce 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 fight 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, Title 3 of the Environmental
Conservation Law of the State of New York, as the same may be hereafter
amended, any regulaUon issued pursuant thereto, or Section 170(h) of the
Code governing 'qualified conservation contributions".
7.03 Alienation
No property 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 hearing and, thereafter, ratified by a
mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the Town Cede shall alter the
limitations placed upon the alienation of those property rights or interests
which were acquired by the Town prior to any such amendment.
7.04 Severabilitv
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. Instead, that provision shall be reduced or limited to whatever
extent that court determines will. make it enforceable and effective. Any
other provision of this Easement that is determined to be invalid or
unenforceable by a court shall be severed from the other provisions, which
shall remain enforceable and effective.
7.05 Governing Law
New York Law applicable to'deeds to and easements on land located
within New York shall govern this Easement ii~ all respects, including validity,
construction, interpretation, breach, violation and performance. '
7.06 Interoretation .
Regardless of any contrary rule of constrocUon, no provision of this
Easement shall be construed In favor of one of the parties because it was
drafted by the other party's a~torney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such tnterpretaUon as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which Is by nature and character primarily negative in that Grantor has
restricted and limited his dght 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 dght to enter upon t_he Property.
7.08 Warranties
The warranties and represer)tatlons made by the parties in this
Easement shall survive Its execution.
7.09 Recordina
Grantee shall record this Easement In the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headinas
The headings, tiUes 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 OZOUTHOLD(GranLee)
BY:
,~3oshua Horton
Supervisor
STATE OF NEW YORK)
COUNTY oF~,.~, ss:
on this ~'~day of ~)~c. in the year ;~003 before me, the
underSigned, personally appeared ')"w .~- I;f,.~e~L, personally known to me
or proved to me on the basis of satisfactory evidence to be the Individual(e~-
whose name(a) is (;re) subscribed to the within Instrument and 3l,~_
acknowledged to me that ~/she/.'hc'f executed the same in ~s/her/t~ae~.r
capacity(-ie~), and that by his/her/th~ir signature(e) on the instrument, the
individual~), or the perSon upon behalf of which the individual(s-)acted,
executed the instrument.
Notary Public I1~.
For use outside New~l~e.'~
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 evldence 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 capadty(ies), that be
his/her/their signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) aeted, 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 I~k-day of~.~'~Of(In the year 2003 before me, the
undersigned, personally appeared ~'~Sh~ I~o(JIof~ , personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(,s')
whose name~") is (ace) subscribed to the within instrument and
acknowledged to me that he/sk, efc~ executed the same in his/hcr/~h~r
capacity(ie~), and that by his/her/their slgnature~') on the instrument, the
lndividual(~), or the person upon behalf of which the individual(c) acted,
executed the instrument.
Notary Public
P
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~ ........................... ~ ...................................... NOT~CE ~ COUNTY OF SUFFOLK ~ ~ .... ,~- SOUTHOLD SECT~O. NO
MELISSA A. SPIRO
LAND 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# 1000-55-2-24.2
Anne Hubbard
12/17/03
Gift
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
Gift
3.17 acres (easement on entire parcel)
Gift
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
File Viuw Toolbar Help
1~-5'.-~2~' 473889 Southold Acbve R/S:8 School\ Southold School
PeConic Land Trust RoilYear I~ Curt Yr Land ~ights LandA/: 400
45000 CR 48 Land S ze 3 17 acres To[al AV: 400
~--, , Tota' I Taxab e Value Mt~cel aneou~
~ Peconi~ Land T~u~t Cou~mty: ; : Bo~k: 1~522
~dl ~d~ ~ ~uni: 0 Poge: 315
Street' School: 0 : Mortg:
ROS~x ~78 Vilage: : ~ B~nk:
Cit~ S~uthampton. NY Z p 1196B- S~'d after ~ 0 Acer No 08
5~le Toa 2 ' siteiofl ' Land 0o~0
BO~K Page Sale Date SaePrce Owne Rpcls: Land
12522 , 315 06/2~/07 1 Peconic Land h NbhdCd:O
12093: 900 12/15/0U 275.000 Hubbard. Anne ~ Sewer:
' Utilities: :: ' al 0
Codb~ Amount ~ea~ Pct
25300 OTH NQNPRF 400 0 0
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T,J'poofZnst_-'ument: Du~nS/DDD
Hmsboz o£ ~agoo: 4
Roae$1r~llunber : 07-0086216
T~A~/BFER TAX NI~4BZR: 07-04793
D$St, Z'$Gt:
1000
DeodAmoun~:
8ear,on: BIoGk:
055.00 05.00
· XZUi2:H~DAHDCHA.R~r, uAS ~
$0.00
Reoe:Lved ,':ho Fo3.~rJ. ng Fees For Abo~e :~..tz'ument
· ..O'e/r~l,i.ng $12.00 HO Hm2dlAng
COB $5.00 NO
r,A-CTZ $5.00 NO EA.-STA.T]t
'A~-584 $5.00 HO
~ $30.00
Transfer t:4x $0.00 MO
07-04?93
TH:ES TS HOT A
~Tuc~l:h A. raaaL'l.o
Colzn~'-y Clm2rk, Su££olk Count~3'
RoGoz'dad.: 09/13/2007
At: 04:36:51 rM
LZBBR: Doo012522
P~GE: 315
002.004
$5.00 NO
$Z5.00 HO
$75.00 HO
$5.00, HO
$0.00 No
$0.00 ~0
$15~.00
3
EA-52 I? (Coumy) ~ Sub ~
~ Su~ 15. ~
O~
lEES
Property fl"l,h,~'/g'],"~ ZOOO 05500 0500 O0~O04
296 Hampton Road
5out:hampt:on~ MY '1{.969
Judith P.. Pa~.~le
P ~15
? { Title Company InfoFnuflon
{co. N,,,,~
I.~'
Suffolk County Recording & Endorsement Page
A..o ~ u.,k$.~,d Tl~pn~iae~he~einissh,_,?_dln
gUFFOLK COUNTY, N{~W YORK.
I{OX~8 6 THRU 8 MU~T BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RBCORDiNO OR i~lL~O.
· Cove)
Ane A. Hul~ani, 9 L~t Rom~ ~m~vlll~ NY I0708
P~mnle Land Trust~ lneorporated~ ~9~ Hampton Road, Southampton ~ 11968
deseFibad on Schedule A attached hereto ond made · part hereof.
BEING AND [N'I~NDED TO BE the same premLua eonveyad to the party or b first part by
deed datad December Iff, 20~0 recorded Jonuary 2, 2001 la Uber 12093 cp 900
FIDELITY NATIONAL TITL~ INSUi~NCE COMPANY
NO. 0~?404.~.,8?A__~_~-SUFF .
S~IIF. DUU~ A-I (Bmgr/~i~m)
ALL timt certain plot, piece or pnreol orland, ;ituate, lyh~8 nnd being nl gomhold, Town of SouUtoid, County of Suffolk
and State ofNew Yoflt. bounded atd described as I'ollow~:
BEGINNING at o point on she soulherly side o£ Middla Rood at lite northwest ¢orne~ of pr~mises he~oi, described,
adjohdltg land of Middle Rood Coq}. on tho wo.~
RUNNING THENCE along Ute soutlterly side of Middle Ro~l, No~h 67 degrees 06 minules 40 second~ Enst 370.60 feet
to otlter land now m' fon~erly of Frmd~ W. Abr~ns Jr,;
RUNNING 'II.IENCE nlolq; a~id land Sooth 17 d ,egrees 55 mimtt= 50 seconds F. nst 367.40 Feet to land ol'Clmrnevs;
RUNNING THENCA~ alon~ land ~ond; ~2 degre~ 04 nfl.utes lO sooonds West 41n.14 feet [o said land of Middle Road
Corp.
RUNNING THENCE alonE said land Norlh 09 dc'~tees 37 m~nu(es 50 seconds West 33~.91 feet 1o thc poinl or plnce o~
BEGINNING,
FOR CON¥£YANCING ON~ }': roggd~r with all de rigAc t~lt and ~er~t qFd~ ~ ~ tl~a £~r~ par~ of ~ and to #~ lend ~
SmeerNew yafl~Gmntyef I~-:
du Imilvldu~s) s~d. exeamJ d~ b:mvmm.....~e~ such Indi,,M~
Anne A, Hubhrd
Peconic Land T~mt, Incorporated
Peeonlc Iud Trusr~ incot~oratal
PO Box t776
Southampton NY 11969
Att: Stephen Setrl
A
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FIGIvliE 2
AERIAL PHOTOGRAPH OF PARCELS
Soume: Spring 1999 Aerial Photograph, GeoMaps
Scale: 1" = 350'
Hubbard Properties, Southold
Phase I ESA
S
U
R
V
E
Y
5URV'E"r' OF PROPF:R-I-'F
~,,,m, ~o,~, FINAL
.5UI=i=:OLK GOUN'I'T, 1,~
~URVEYEg Og-II-O~
SUFFOLKTO, of SoutboldC~r,'l.'.ltq.l~'OOO-55-5-2'46OUNTY TO: TAX# S URVE~
$~ Titl~ l.n~nm~ Compm~y
2003
AUG 2 5
DEPT OF LAND
PRESERVATION
N
S
NOTES~
MONUMENT FOUNP
AREA = I:~,q40 sF or ~.1~ ocr¢s
®P~APHIC SCALE I"= (20'
/
)
)
/
JOHN C. EHLERS LAND SURVEYOR
6 EAST MAIN STREET N.Y.S. LIC. NO. 50202
RIVERHEAD, N.Y. 11901
369-8288 Fax 369-8287 REF.-\h~-Ip server\d~PROS\03-232.pro