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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 P R 0 P E R T Y V I S U A L S AUG 2 5 2009 '-----iii N s JOHN C. EHLERS LAND SURVEYOR Hubbard Properties (in red). Preserved Lands (in green). From 2001 aerial photographs. Scale: 1" = 400' E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment Hubbard Properties 1._~0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope.& Voorhis, LLC in order determine if potential environmental or public health concerns are present. -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 1 1 FIGURE 1 LOCATION MAP 1 1 1 1 1 1 Source: DeLorme Street Atlas I Scale: Not to Scale Hubbard Properties, Southold Phase I ESA NORTH I I 1 1 1 l 1 1 1 I I I I 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 P U B L I C H E A R I N G ]~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 S E R E S 0 L U T I 0 N 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~ A C C E P T A N C E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 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 C L 0 S I N G E X P E N S E S 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 R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of 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 W+E ' 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 R O P E R T Y R E C O R D S 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 III I IIrdllllllll lllUIlmllllllllllllNIIIIIIIIIIIIIll I IIlllllfflllllltllllll I~CO.RDB OFJFZC~ 9.~COt:ID 1'~ ~G~ 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 E R I A L S 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