HomeMy WebLinkAboutHubbard, Anne A (3)1000-63-1-16
Baseline Documentation
Premises:
44225 County Road 48
Southold, New York
1.0034 acre
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:
1000-63-1-16
44225 County Road 48
Southold
$-0- (Gift)
Open Space Capital
Account
No
1.0034 acre
1.0034 easement acre
LB (Light Business)
In July 2003 -
Vacant wooded lot
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JOHN C. EHLERS 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. -Tl~.ep~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 Raikoad Avenue. Parcel 3 is
located on the west side of Noxth 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 p~iVate 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 properly. 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~ fxom 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 potuntial 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 (1) LUST hicident
and one (1) closed spill incident located within one-half (0.5) mile of the subject prop .erty.
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 r~ort.
However, the suspected well located on Parcel 2 should be properly abandoned if it is not being
actively used.
P~ge 2 of 26
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FIGURE 1
LOCATION MAP
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Source: DeLorme Street Atlas
I Scale: Not to Scale
Hubbard Properties, Southold
Phase I ESA
NORTH
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Hubbard Properties, Southold
Phase I ESA
FIGURE 3
WATER TABLE MAP
/
"". ,..~-~.~ '. 5~30
.,/'53323,_ .~.~,.~ -'" '5, '"?~
~ Z:.-.'I', '~TJ '&" '
.;..- ....' ~ ,'
.,~,. ....
/:~' .. '"' · ,' -4
~w~r~ . .:..- ) .. .~ / .
....:.:-" .. .... ~;.' .-:
Location X .... :,'"~ ....'"-,-< s~l'~
of Parcels ,~:...;-' ~'/':"). '~:'"'~7 ;,". ". L' ;~ '51185
," ~/ ~,' .-'", / ~ ',.' 51171'
.' .' :,}~ N ...... ' .... '".:',, .s~ "'~t[u?~S~ "-~
· .',' · ." , ~ ".'-'r
~ ..~ .~ ~y"'% ~ '% .. X., // ..
k, ' / ' ~. ',~. .,:/
'" ~ ......... ~.~9_/~ i -' ......
Source: Suffolk County Water Table Map, 1999
Scale: 1" = 8,000'
NORTH
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]~I,I~.,~BETH A. I~'EVII,LE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53096 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. 478 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JULY 29, 2003:
RESOLVED that thc Town Board of the Town of Southold hereby sets 8:25 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 one acre of properO/from Anne A. Hubbard, in accordance with Chapter 6 of the Town
Code. This parcel is known as SCTM#1000-63-1-16, the address is 44225 County Road 48,
Southold, New York and is located on the northeast comer of the intersection of County Road 48
and Hortous Lane. 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
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 8:25 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 one acre of property from Anne A.
Hubbard, in accordance with Chapter 6 of the Town Code. This parcel is known as
SCTM#1000-63-1-16, the address is 44225 County Road 48, Southold, New York and is
located on the northeast comer of the intersection of County Road 48 and Hortons Lane.
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 Attomey
Hubbard
AUG - 5 2003
TOWN/',TTORNE2('~; OFFICE
SOUTHOLD TOWN BOARD
PUBLIC HEARING
August 12, 2003
8:25 P.M.
HEARING ON THE QUESTION OF THE GIFT OF A DEVELOPMENT
EASEMENT ON PROPERTY OF HUBBARD, SCTM # 1000-63-1-16.
RIGHTS
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 8:25 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 one acre of property from Anne A. Hubbard, in accordance
with Chapter 6 of the Town Code. This parcel is known as SCTM#1000-63-1-16, the address is 44225
County Road 48, Southold, New York and is located on the northeast comer of the intersection of
County Road 48 and Hortons Lane. 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 rights easements from Anne Hubbard. Although they are three separate and
distinct properties, I will make my comments now for all three. The first heating 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
Southold Town Clerk-Public Heating 2
August 12, 2003
depth of about 150' is zoned Residential Office, and the remaining interior land which is
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 girls contributes to the Town's land preservation efforts and these particular girls
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. Thank you.
SUPERVISOR HORTON: Thank you, Ms. Spiro. Would anyone care to address the Board on any of
these three girls? Girls of development tights. (No response) Comments from the Board? (No
response) We will close the hearing.
Elizabeth A. Neville
Southold Town Clerk
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ELrF~S, BETH A. NEV~.I.F.
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. 499 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 one acre of property from Anne A. Hubbard, located on the
northeast comer of the intersection of County Road 48 and Hortons Lane, identified as
SCTM#1000-63-1-16, pursuant to the provisions of 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 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 Envirommmtal quality Review
SHORT EN~RONMENTAL ASSESSMEI~' FOR~
For UNLI~II~D AC1/ON$ ~
pART I-PRO3ECT ZNFORMAI'/ON (To be completed by Applicant OK Project) Pa~e 1 o~ 2
PROPOSED ACI'~ON:
. DESCRZBE PROJECT BRTEFLY:
gl&#r~ R4~F--~F-,,uT To
. AMOUNT OF LAND AFFECTED:
:NTI'ALLY acres UL'IIMAT~LY acres
8. WZLL PROPOSED Ac'rIo. CO~Y wl'm EXlSl'~G ZOmNG OR O1~£R EXISl-mG LAND USE KESi'~CTZO.~
I~'re,;VI .o
~ I~'"o~,,,,,,,,~ D t,,~,t~a, I~ ~D
I--I Olher
10. DOES ACl~ON INVOLVE A PERMZT APPROVALr OR FUNDXNG, HOW OR ULllJ4A11~LY PROM AN~_~OTHER
AGENCY (FEDERA~ STATE OR
:l.:k DOES ANY ASPECT OF '11~E ACI'~ON HAVE A CURRENTLY VAL.I1) pERHIT OR RPPROVAL?
yes No ifyes, ~stage~,fs)~penn~mcrovaU
~12. AS RESULT OF PROPOSED AC'I]ON
I' C~RTZFY' THAT 1TIE ~HFOP-,J4ATXO" PROVIDED ABOVE ~S TRUE TO THE BEST OF MY KNOWLEDGE
proceedin~ith this assessmeat
pART'rr-ENV~RONMEHTAL A'~: I: c~t ,T (To be completed by Agency) Page 2 of 2 ,.,
~ COORDZNATED REV/EW AS pROViDED FOR UNL~-'TED ACITONS Tfl 6 NYCP. R. pART 617.67
[] yeseS' No .r£ no, a r~egaEve ~,daraEon may l~ s~nd~d bY ar~:~'zer lnv°A'ad ager~'
,Answers may be ha~ ~ leg J
O.. Ex.rig air quarry, surtace cx gn:x~u~.u ,.,--,*y .~ .... , .
C4. A oxflmm~s exist~ pla~ or goas as onTo"Y '"'w~', -- - --'~ -
-~-------'-'-------- AL CHARACTERZCS 'I'HAT CAUSED THE ESTABI..T, SH
W/II 1HE pRO2ECT HAVE AN THPACT ON 'I~IE ENYJRONHENT
:~.A?
E3 .o
p~--~"~. ~l'~OH OF $ZGtaFZCA~CE (To be (~mtple~ed by Agency)
be a~;es~.d in connecU~ with i~ (a) s~-~.~ p.e. uman .~-v
th~ all releva~ adverse k~pac~s have been Idenunea adto .ac~'~..)~ :.~ ~.~..,~ chard~.~ ;~:S o~ the CEA.
~,~ Che~ =,~,._..___ __
that the ixoposed acl~n WlI.L NOT result In aW s~J'l'"~a~
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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
southaldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 517 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 gifi of a development fights easement on one acre of property from Anne A. Hubbard on the
12th day of August 2003, pursuant to the provisions of Chapter 59 (Open Space Preservation) 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#1000-63-1-16, and is located on the northeast
comer of the intersection of County Road 48 and Hortons Lane in Southold; 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 fights 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 one acre of property from Anne A. Hubbard~
located on the northeast corner of the intersection of County Road 48 and Hortons Lane~
identified as SCTM#1000-63-1-16~ pursuant to the provisions of 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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D~TE:
PLACE:
GRANTOR:
GRANTEE:
GRanTEE'S ~TTORNEY:
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 Peconic Bay Region Affidavit
4. Copy of the fully executed Real Property Transfer Report
5. Copy of Multiple Exception ~ffidavit
6. Copy of No Other Name/Judgm~t..Affidavit
7. Copy of the Filing Receipt
· ' '= '~ ~ 12/~9/2003 ).7:218 163:).7275<:5,85
RECEIPT
Suffolk County Clerk
Edward P.R~maine
Count~ Clerk
Receipt Number
Payor Nmme
STEWART TITLE RVHD
03-0143962
STEWART TITLE INSURANC~ COMPANY
DESCRIPTION TRANS AMOUNT
Type of Instrument: EAS~NT/DOP
Pa~e/Fillng $72.00
Handlinq $5.00
COB $5.00
NXB SaCHQ $15.00
TP-584 $5.00
Notation $0.00
Cert. Copies $0.00
aPT $70.00
SCTM ~0.00
Transfer tax $0.00
Comm. Pres $0.00
$172.00
80.00
03-206&2
Fees Paid
Conveyance Amt:
Transfer Tax Number
D000122907
$36
DAT~: 12/17/2003 TIM~: 04:19:08 PM
RECEIPT TOTAL $172 . 00
CHECK AMT PAID $172.00
TOTAL AMOUNT PAID $172 . 00
C~ECK REFUND $0.00
PAGE
'Ne[son, 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 #1: 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
JOHN C. EHLERS LAND SURVEYOR
6 East Main Street
Riverhead, NY 11901
Phone: 631-369-8288
Fax:631-369-8287
Invoice
Date Invoice
#
8/20/2003 21730
Bill To
Town of Southold
PO Box 1179
Southold, N.Y. 11971
Your Client
Hubbard
Date of Service
8/20/2003
AUG 2 5 2,J03
DEPT Of LAND
PRESERVATION
Current Description
survey of commercial parcel located in Southold on
North & Horton
SCTM~ My Job #
1000-63-1-16 03-230
Total
Balance Due
Amount
800.00
$800.00
$800.00
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instruments EASEMENT/DOP
~m~er of Pages: 24
TRANSFER TAX NUMBER: 03-20642
District:
1000
Deed Amount:
OReceived the Following Fees For Above Instrument
Exempt
Recorded.-
At:
LIBER:
PAGE:
Section: Block:
055.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
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
Con~n. Pres $0.00 NO
Fees Paid
TRANSFER TAX NUMBER: 03-20642
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
Lot:
024.002
Exempt
$5.00 NO
$15.00 NO
$0.00 NO
$7O.OO NO
$0.00 NO
$172.oo
FEB 25 2004 '
FEB 2 7
DEPT. OF LAND
PRESERVATION
Number of pages
TORRENS
Certificate #
PS~
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp J Recording /
Ytling
Stamps
Page / Filing Fee
Handling 5. 00
TP-584 , ~'~ --
No~fion
FA-52 17 (County)
EA-5217
R.P.T.S.A. '~)~'
Comm. of Ed. 5. 00
Affidavit
Certified Copy
NYS Surcharge
Other
SubTotal ~ '"-"*
Held for Appointment
Tra~fe~ Tax
Mansion Tax
The property cove~d by this mortgage is
or will be improved by a one or two
YES o~ NC)
page g -- of ~ insm~ent.
.~omm~l~t~ Preservation Fund
Consideration Amount
CPF Tax Due
N~7 [ Title Company Information
Suffolk County Recording & Endorsement Page
~page~ ~o~ ~ ~'~rc~- ~y:
(SPECIFY TYPE OF INSTRUMENT)
The premise~ herein is situated in
S~LK COUNTY, NEW YORK.
In the VILLAGE
or HAIVlLET of
BOXES 6 THRU 8 MUST BE TYPED OR pRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the IJ~-
day or,ElliS2003 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").
INTRODUCT[ON
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, more fully
described in SCHEDULE A 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 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 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 272oa 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 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 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 HAVEAND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, 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 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 Road, 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 Hoffmann, now or formerly of Pirrera;
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 Van Duzer 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.
TI-1ENCE 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
2259.01 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 TItENCE North 8 degrees 57 minutes 10 seconds West along the easterly
side of Horton's Lane, 77.96 feet;
TItENCE North 71 degrees 48 minutes 10 seconds East along land formerly of Conway
Bros., now or formerly ofV 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 ofV 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;
RUNNING THENCE along the southerly side of Middle Road, North 67 ~egrees 06
minutes 40 seconds East, 370.60 feet to other land formerly of Frank W. Abrams, Jr., now or
~.0rmerly of William A. Penney III;
THENCE 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. Charnews and
wife;
THENCE along said land South 72 degrees 04 minutes 10 seconds West, 418.14 feet to
3aid 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.
~URVE'T' OP PROPEt~.'FT'
51TUAT~:
TOINN..
5t)F-I=OL~ COUNTY, NY
S8'7°49'50"B
414.30'
N
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S
or
JOHN C. EHIARS LAND SURVEYOR
}I'{'I.JATi~, 5<A,rTT'IOL/2
kUG 2 5 2003
,u1p..v'm---r' OF pp..OpP__~-TT
O~N~ :~ I tlOLo
UPPOL~ c~r~-, t~'
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 to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York 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 ma'/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 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 Code and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance-of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. Grantor has made available to Grantee 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 agricultural values as of the date hereof and to
assist Grantor and Grantee with monitoring the Uses and activities on the
property 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 .luly
11, 2003 (Parcel C), all prepared by .lohn C. Ehlers Land Surveyor and a
Phase i Environmental Site Assessment, dated September 29, 2003,
prepared by Nelson, Pope & Voorhis, LLC.
0.06 Recit~ation
Zn 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.
1,01 Type_
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrlctions~ rights, terms, and conditions
recited herein. Reference to this "Easement" or its ~provislons" 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 prehlblt 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 Hunicipal Law and/or defined In Chapter 59 of the Town Code
of the Town of $outhold.
This Easement shall be a burden upon and run with the Property In
perpetuity.
1,04 Effe(~
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor~s
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities~ The word "Grantor" when
used herein shall Include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed
granted to each and every one of Its subsequent agents, successors, and
assigns, and the word 'Grantee" when used herein shall include all of those
perSons Or entitles.
ARTICLE TWO
SALE
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity, together with
all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,
and undertakes to enforce it against Grantor.
~ARTJCL~ THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
Except as provided in Section(s) 4.06, the construction or placement
of residential, commercial, industrial or other buildings, structures, or
improvements of any kind or nature (including, but not limited to mobile
homes), permanent or temporary, on, over, or under the Property, shall be
prohibited. 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 priqr written consent of Grantee. H!neral exploitation, and extraction by
any method, surface or subsurface, is prohibited. The removal of topsoil,
sand, or other materials shall not take place, nor shall the topography of the
Property be changed except for purposes of erosion control and soil
management, without the prior written consent of Grantee.
3.03 Subdivision
The Property may not be further subdivided pursuant to Town Law
Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they
may be amended, or any other applicable State or local law. "Subdivision"
shall include the division of the portion of the Property from which the
development rights are acquired into two or more parcels, in whole or in
part. Notwithstanding this provision, the underlying fee interest may be
divided by conveyance of parts thereof to heirs or next of kin by will or
operation of law, or with written consent of the Purchaser.
3.04 Dumoino
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 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 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 surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of-
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 Drainaee
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 Develonment Riehts
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.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 OwnershiD
Subject to the provisions of~ ARTICLE THREE, Grantor shall retain all
other customary dghts of ownership in the Property, some of which are
more particularly described in this ARTZCLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.09 Use
Grantor shall have the right to use the Property in any manner and for
any purl~ose consistent with and not prohibited by this Easement as well as
applicable local, New York, State, or federal law.
could adversely affect the environmental, scenic, 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 $outhold.
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.
GRANTOR'S OBL[GA'FJON.C;
Taxes and Assessmeql:.~
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 Of 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 arising
from the physical maintenance or condition of the Property or from any
taxes, levies or assessments upon It or resulting from this Easement, all of
which shell be considered Grantor's obligations·
· Third Pa Cl Ires
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.
Grantor shall have the Hght to continue the current modes of
landscaping, pruning and grounds maintenance 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 vegetation when dead,
diseased, decayed or damaged, end to remove Invaslve or exotic species.
A. Allowable [mprovements. 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 wtth such further approval as may
be required by the Town Code provided the structure or improvement does
not defeat or derogate frOm the purpose of this Easement or other applicable
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 sole use of the future owners, tenants,
occupants and Invltees; 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 ~'om
casualty loss to an extent which renders repair of any exisUng 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 herein, and construction of any such improvement
shell minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
4.06 Notice
Grantor shall notify Grantee, In writing, before taking any action or
before exercising any reserved right with respect to the Property, which
AR'~CLE SIX
GRANTEE'S RIGHTS
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 Grantor's quiet use and enjoyment of the Property, for the
purpose of inspection to determine whether this Easement and its purposes
and provisions are being upheld. Grantee shall not have the right to enter
upon the Property for any other purposes, except as provided in Section
5.04nor to permit access upon the Property by the public.
6.02 Restoration
Grantee shall have the fight 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 Grantor's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent
action taken by the Grantor under emergency conditions to prevent, abate,
or mitigate significant injury to persons or to the Property resulting from
such causes.
6.03 Enforcement RiGhts 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, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within fifteen (15) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the open space values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(i.) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii)
To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that pertion 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, covenants, obligations
and purposes of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default,
or violation or with respect to any other breach, default or
violation of any terrn~ 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, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
requested. Hailed notice to Grantor shall be .addressed to Grantors address
as recited hereln, or to such other address as Grantor may designate by
notice in accordance with this Section 7.04. Hailed notice to Grahtee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may d~signate 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 at any other time.
6.06 Extinauishment
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 dght and Interest shall be equal to the difference, as of the
date hereof, between the fair market value of the Property subject to this
Easement and the fair market value of the Property if unencumbered hereby
(such difference, divided by the fair market value of the Property
unencumbered by this Easement, is hereinafter referred to as the
~Proportionate Share"). In the event a mate_rial and potentially
unforeseeable change in the conditions surrounding the Property makes
impossible its continued use for the purposes contemplated hereby, resulting
in an extinguishment of this Easement by a judicial proceeding, Grantor shall
pay to Grantee an amount equal to the Prnpertionate 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 exercise of the power
of eminent domain, the sale price or condemnation award shall establish fair
market value. Absent such a sale, the Property's fair market value shall be
established by independent appraisal.
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 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 rights 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.
ARTICLE SEVEN
MISCELLANEOU.___~S
7.01 Entire Understanding
This Easement contains the entire understanding between it~ parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amendment/Termination
This Easement is made with the Intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section 170(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to entitle Grantor to meet the requirements of Code
Section 170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
This Easement can be 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 Munidpal Law. If the parties seek
to amend this Easement, and such amendment does not alienate any
property rights acquired by Grantee herein, the Grantee shall hold a public
hearing with due notice to consider the amendment. Such an amendment
may be approved by a majority plus one vote of the Town Board, provided,
however, that Grantee shall have no right 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 regulation 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 majodty 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 Code shall alter the
limitations placed upon the alienation of those property rights or interests
which were acquired by the Town prior to any such amendment.
7.04 Severability
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 Governinq Law
New York Law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance. '
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to
grant, to the public any right to enter upon ~he Property.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution;
7.09 Recordino
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 Headinos
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 'J)*~. in the year 2003 before me, the
undersigned, personally appeared -~"~ )7. /~,,,~l~(L, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(-~)~
whose name(-~) is (:~c) subscribed to the within instrument and
acknowledged to me that Jne/she/thc¥' executed the same in-his/her/t~r
capacity(m), and that by ~is/her/t~'~ir signature~) on the instrument, the
individual(-~), or the person upon behalf of which the individual~-) acted,
executed the instrument.
~m~ J. ,u~..,~
~ ~UD~ $~- .".~;'.. .....
Notary Public No. ~HU6~lZ~U
For use outside New~r~St~te:
StaLe, 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(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 -day ofl)(////l~(in the year 2003 before me, the
undersigned, personally appeared ~511~l~ I~1~O~ , personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(~
whose name~ is ~ subscribed to the within instrument and
acknowledged to me that he/s~c4-re~ executed the same in his/l~er/tha;r
capacity~ies), and that by his/i~/t~eir signature~ on the instrument, the
individuaI0~, or the person upon behalf of which the individual(~) acted,
executed the instrument.
Notary Public
P
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NOTICE ~ COUNTY OF SUFFOLK ~ ~ '" ~ SOUTHOLD
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. Ify0u
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
JAN - 8 2004
File View Toolber Help
63.-1-~; ..... ' ----' 4~3889 Southold ' ' ' Active R/S:8 School: Southold School
Peconic Land T[ust RollYea [~;~}~ Cu. Y~ Land [ ghts LandAV: 125
44225 CR 48 Land Size: 1_00 ac~es Total AV: 125
owne~ Total' I Taxable Value Miscellaneous
Nome Peconic Land T~Us~ County: 0 Book: 12522
~dd Add' Mini 0 Page: 314
- . ' Schoo 0 Mo
5tmec ' 0 -'
~ ~ '~TG V age' Bank'
Eity: Southampton. NY Zip: 11969- Schl after ~er: ~,cct No: 08
Sale : ~otal: 2 Site 1 of 1 Land 0 of 0
9ook Page Sale Da(e Sa e Price 0wne~ P pcb: Land ~ ght~
12522 31~ 06127107 1 Peconic Land T~ Hbhd Cd 0
12113 ~73 04/06101 125.000 Hubbmd. Anne ~ Sewer:
Utilities:
Ex~mption Total: 1 Ter~ * Own Building
COde~ ;: ~: ~y~ ~4~,eTax T~e N~e:
FDO28 Southo!d FD .00 : ~gO ~O
PK070 ~uth61dPm~ OO .00 ~ .00 v
Double dick to ooen a window
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t~pe o£ Tnlt~cu~ent: DS~D~/DDI:)
l~msbe: o~ 9ig~i: 4
~eoe~pt ~mbe~ : 07-0086216
2?JmS~EK TAX Nt~SX~: 07-04?92
1000
Deed
Sect/on: Block:
063.00 Ol.0O
$o.oo
09/13/2007
04:36:51 PM
D00012522.
314
016.000
Rec:eiYecL ~e Follow~q Foe8 Fo~Abo~ Zn~t_--u~ent
Fage/F~ling $12.00 HO HanclZinq
COS $5.00 HO
EA-CT~ $5.00 HO EA-STATE
T~-584 $5.00 HO Ce~t. Cop£os
~ 630.00 HO
Fees
TRAI~SFF.qTAXHUHBER: 07-04792
THIS PAGE IS A PART OF THE ZlqSTplW~mT
THI0 X0 NOT A BILL '
$5.00 HO
$15.00 HO
$?5.00 HO
$5.00 HO
$0.00 HO
$0.00 HO
$157.00
~:Li~hA, 9asc2ale
Coun~z Clerk, Su~£olk Coun~r
· 07027814 aooo 0*300 ox~b' o2. eooo'
R~fl Proper~
Tax Service
AEeney
Vcgfi~ion
8outhamp~on, N~ 11969
200/ 5ep 15 04::3~.:51 Pit
CLEI~ 0t:
L D0O012~2~
P ;314
0TI 07-04792
Reco~:ling / Iqltn8 St~ml~
Mansion Tax
hnfily d~ling mgy.
,
¥:
7 [ Title Company Information
Co. Ne~ ~'
Suffolk Count~ Recording & Endorsement Page
Thisp~eformsp~tofth~nuached n..,.._,2~,t...~ e.~ n.~a madcby:
($pBCII~' TYHI OP INSI'~t,fl~S~IT)
SUM~LX. COUNTY, NEW YORK.
BOXES 6 THRU 8 lvIUST BE TY-PED OR PRINIm~ IN BLACIC INK ONLY PRIOR TO RP. CORDING OR ~G.
(over)
Anne A. flubblrd, 9 Ltffget Road, BronxvJlle, NY 10708
FL'COnic Land Trust, Incorporated, 296 Hampton Road, Southampton NY ! 1968
described on Schedule A iflached hereto u6 made n part hereof.
BEING AND INTENDED TO BE the sam preadses conveyed to the pnr~ of the first p~rt by
deed dated April 6, 2001 recorded April 18, 2001 In tiber 12113 cp 97.3
FII}ELITY NATIONAL TITLE INSURANCE COMPANY
TITI.E NO. 0~-7404-65825.S$-$UFF
ALL that certain plol. piece or pared of land, ~imate, lyin8 and ~ha~ at S~ol~ ia tl~e ]b~ of Sou~ol~ ~ty of
3uff~k m~ 8~ ofN~ Y~ ~ a~ ~i~ ~ folbws:
B~ING at n ~ni ~ tim ~y ~e of ! I~on's ~o at flzo N~ly ~d ora cu~e ~nn~i~g fie ~rly side
o~11~n's ~e ~ dmNo~herly d~ of Middle
RULING TH~CE No~ 08 d~ 57 miau~ I 0 ~o~ W~t, nl~g ~he ~ly si~ of I Io~on~ ~n~ 77.96
THENCE No~t 71 degr~ 48 minut~ 10 ~n~ ~ ~on8 Innd now or f~y of~y e~, 3~.36 fe~; '
'114~CE ~ufl~ ~ d~ S3 mi#ut~ 20 ~ ~, a~g ~ ~mw ~ fon#~y of ~,g Is~ Caulilio~r
~(~; 93.~ f~ ~ d~ No~y ~ of M~dle R~
~CE ~ath 67 de~ ~ mlau(~ 40 ~nds W~, alo~ ti= No~ly ~ o; MiddLe ~, 367.01 f~ lo
I'H~CB Northerly a~g ~e s~ having a ~dies of 40.~ f~, a di~m o[ ~.~& f~ m ~e ~im or p[~
B~INH]NG.
TIlE POLICY 217 BE i,g$1]ED aader dd~ ~raitar~t will imare tie title to a~wh beilding~ and Impem~e~ts on
FOR CONV£]'ANC/NO ONLY: Together v~h all tl~ ri&l~ tale a~d I~Uereat o/tko pasO, of the fw~t ~art, of b~ and w tie had lya~g
I~ the ~foM ia from of trod adJo~ $aid peem~
5'CIIEDU~E ~ol fD~.~ee)
Sm~otNew Yorl~ Cau~ d' Iss.:
Anne A. Hubbard
f~econlc Land Trust, Incorporated
J FBDEL~ NATIO,~L4~TrTLE Lq~SUIL4]qCE
COM~ANY OF NEW YORK
Pec~li¢ Lii~I Tl'llsls l~corporlted
PO Box 1771
Southampton NY 11~6~
A~ Stepbm Seu'l
A
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FIGURE 2
AERIAL PHOTOGRAPH OF PARCELS
Source: SPring 1999 Aerial Photograph, GeoMaps
Scale: 1" = 350'
Hubbard Properties, Southold
Phase I ESA
NORTH
S
U
R
V
E
Y
SUP-.V~-'r' OF= PROPERT'¢
51TUATE-'
TOI~IN:
5t)Ft=OLK ~'r'¢,
SUt~VE'T'EI~ O~-II-O~
SUFFOLK COUNTY TAX ~
IOOO-~-1-16
FINAL
SURVEY
Town of Somhold
S~'war~ 'l~itle ~ Comgsny
NOTES:
CONOt~.ETE MONUMENT
AREA = 4~,30~ S.F. or 1.00~4 ACRES
®t~APHIC SCALE I"= ~0'
N
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.-\kHp server\d~PROS\03-230.pro