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HomeMy WebLinkAboutHubbard, Anne A (4)1000-74-2-15 Baseline Documentation Premises: 33365 County Road 48 Peconic, New York 6.8866 acres Development Rights Easement ANNE A. HUBBARD to TOWN OF SOUTHOLD Easement dated December 21, 2000 Recorded December 28, 2000 Suffolk County Clerk - Liber D00012093, Page 057 SCTM #: Premises: Hamlet: Purchase Price: Total Parcel Acreage: Development Rights: CPF Project Plan: Zoned: Existing Improvements: 1000-74-2-15 33365 County Road 48 Peconic $-0- (Gift) 6.8866 acres 6.8866 easement acres Yes A-C In November 2000 - Fallow field; few shrubs and some lawn along westerly boundary; edge of woods running along northerly boundary line. E N V I R O N M E N T A L S U M M A R Y DEC'KERHUBBRBD@WELDEN ID:212-649~5998 DEC 11'00 16:52 No.O02 P.O1 Dcccmbcr I i, 2000 ~ ~ '": ?-:' :' ~L-'~.,';' .T-?:-.-~:?T.. '.: ..,. ~ . ' : B~ ' :'' 1 .............. t lia~,e 'these furflicr suggcst~ons Ibr thc form of deeds: "~'~°"'~""*"'": (1 T~:o~completcly thcpcnultimalc pamp,~oh dc ingwith'~ho .. . ~y. ,.C~ t; I now lhink it doesn't add much and might cloud Ibc issuc - · , . . . . .- .... ' ]::"~' "'~':" ' i~ ;:..:i . . . ~ . . .l... :. ~l~"l~!f~'w"t":'?~::"" !:'*: ~:[i *~llh ~S~t to thc thfcc F, ropcrlics on which there are structures, don't ......' ' ' ' ' ' I ~ .... ~y,~U'.ltii~ ref~mnoe should be mado 1o this fact in ~edeeds? ~ .~.~.;.-'.-' '. ,.::-',' ,~ ~...." .. .ri::. ': · ' · ' · RofeJrring'to rel~ll'of Nclsom.?Ol~ ~; ~oorhis, the slructurcs on lhe ............ so-.~. ]~FM. iddlc Road PrOl~C!ly ~d IbC Yo,ngs Avc.nS¢ Property arc'i~ - ;: ' '" compli~ted ~ory which we should discuss. I ~ sending this by I,~X. I w I1 ~ m ~d out Wmom~w but ~0 ~.g~t .,~.,.,...? ~ .... ~ .. .... ?.:- ..... ~.~: .,.i,., !~,., ~,..,~ .... ~,.., . · ~:~.~ l.~ ~ ....~.~ . .. ,.. Phase I - Environmental Site Assessment Hubbard Property 1.o SUMM, ' ¥ The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns, are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject propvay 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. This Phase I ESA addresses four (4) pieces of property owned the Hubbard Family. Each property will be discussed individually and identified'as follows: Mill Road Property, Middle Road Property, Horton Lane and Youngs-Avenue Property. The subject properties lie in the Hamlet of.Southold, ToWn of Southold, County of Suffolk, New York. The subject properties are undeveloped fallow land, however, three (3) of the properties contain buildings. The Properties are located on the north and south sides of Middle Road (Route 48). The properties · collectively contain nine (9) tax parcels and are more particularly described as Suffolk County Tax Map # 1000-074-02-15, 1000:059-10-2, t000-059-04~8 & 9, 1000-63-01-1.6, 1000-055~01- 11.1 through 11.4. The Mil~ Road property is a 6.88 acre parcel of fallow land located on the northeast comer of the Middle Road and Mill Road which has rolling topography. There was no evidence of structures - on this property. An inspection of the property did not reveal any staining residue, odors or stressed vegetation. Aerial photographs from 1960, 1969 1976, 1980 and 1994 identify the subject property as vacant wooded land. The Middle Road Property is located on the- south side of Middle Road (Route 48), approximately. 1,184 feet to the west of Tucker Lane. This pared consists of 8.0 acres of fallow field with a partially eoustrueted building in the southwest comer of the property. This building was apparently intended to be for a motoroycle/wave runner store which never opened. A solid cast iron cover that was observed in the rear of this building appeared to be a drywell for roof drainage. A vent pipe and cast iron covers for the sanitary system were observed on the north side of the building. Five (5), 5 gallon plastic pails were observed on the south of the building, some with contents however the contents was unknown. The remaining area of the property consisted of fallow field. The Horton Lane Property is located on the southWest comer of Middle Road (Route 48) and Horton Lane. This parcel consists of three (3) tax parcels that total 5.7 acres of farmland. A residential house is located in the northeast portion of this property. A complete inspection of this residence was not 'completed due to the presence of an uncooperative tenant. A visual Hubbard Propertie~, Soutliold Pha~e I ESA inSPection of the property surrounding the house revealed three (3) abandoned cars, a 55 gallon drum and piles of debris. The remaining area of the property is active farmland that has been left tYalIow for the winter. It is expected that the property is served by an on-site sanitary system, and public water is available in the area. The type of heating system and fuel storage could not be determined. · The Yonngs Avenue Property is located on the northwest comer of Middle Road (Route 48) and Youngs Avenue. This property consists of four (4) tax parcels totaling 3.6 acres of land. A metal barn is located in the northeast comer of the property. This building is utilized as storage and by a carpenter for wood storage and a carpentry shop. Piles of debris .were observed on the south and east sides of the building. No heating system, other than a wood stove, was observed in the building. No bathroom facilities or sanitary system was observed in connection with the subject property. The remaining area of the property consists of grass land. An extensive government records search fotmd no potential sources of environmental degradation on the subject property. No Federal, State and County documented regulated sites were noted in th~'vicinity of the subject property. In conclnsio~, this assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, .subject to the methodology and limitations of this report. 1 The .five (5) 5 gallon plastic pails located on the Middle Road Property behind the partially constructed building should be rcrnovcd and the ground beneath them should inspected for the presence of any staining. 2. With regard to the Middle Road property, if the building is not going to be completed and utilized the drywells/leaching pools should be abandoned and filled in, in accordance with Suffolk County Dep,um~ent of Health Services (SCDHS) regulations. 3. The hoUSe located on the Horton Road property should be inspected to determine if any asbestos containing materials or storage tanks are present and to determine if an underground storage tank is present. 4. The debris located around the barn on the Youngs Avenue Propergt should be removed and properly disposed of. Page 2 of 28 FIGURE 1 ""~' LOCATION MAP Hubbard Properties, Southold Phase ! ESA - 72 ~8' 56'. 4105'42' Source: PrecisiohMapping [995-1996 Page 8 of 28 OVERVIEW MAP - 0566351.1 r - Nelson, PoPe & Voorhis LLC ~r Target Prooerty ] ~ Sites at eteva§ons higher than or eclual to the target properly 'Sites at elevs§ons lower than. the target property i~ Coal Gasi£=a§on $it@s (if requested) National Pctedty Ust Sites Landfill Sites I I TARGETPROPERTY: ADDRESS: CI'rY/STATEJZIp: iLAT/LONG: o I/2 1 ?~,! Power tr~nsmtesion lines /~V* Oil & Gas pipelines ] 10(I-year flood zone ] 500-year flood zone [] Wetlands per National Wetlands Inventory Southold Properties North Road Southold NY 11971 41.0603 / 72.4522 CUSTOMER: CONTACT: INQUIRY#: [~ATE: Nelson, Pope & Voorhis LLC Steven J. McGinn 0566351.1r November 21, 2000 10:46 am DETAIL MAP - 0566351.1 r - Nelson, Pope & Voorhis LLC ~' Target Property ~, Sites at elevations higher a~an o~ equal te the target property * Sites at eleva~ons lower than the target property ~ Coal Gasification Sites (if reclues[ed} ' Sensitive Receptors B N ational Pdority List Sites Landfill Sites ] 100-year flood zone ] 500-year flood zone Wet, ands Inventory TARGET PROPERTY: ADDRESS: CITY/STATE/ZIp: I-AT/LONG: Southold Prope~ies No~h Read So~hold NY 11971 4-1.0603/72.4522 CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson. Pope & Voorhis LLC Steven J. McGinn 0566351.1r November 21, 2000 10;46 am PHYSICAL SETTING SOURCE MAP - 0566351.1 r /V Major Roads ~ Water Wells ~) Public Water Supply Wells ~ Groundwater Flow Direction ,(~[~) indeterminate Groundwater Flow at Locaaon :~(~i Grour~lwater Flow Varies at Location · C~uster ol~ Multiple Icons TARGET .PROPERTY: ADDRESS: CITY/STATE/ZIP: I_AT/LONG: (~ Earthc~uake Richter S or greater ~ Closest H~ogeologioal Data Southold Properties North Road SouthoJd NY 11971 41~0603 / 72.4522 CUSTOMER: CONTACT~ INQUIRY #: DATE: Nelson, Pope & Voorhis LLC Steven J. McGinn 0566351.1r November 21,2000 10:46 am P U B L I C H E A R I N G 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON OCTOBER 10, 2000: RESOLVED that the Town Board of the Town of Southold hereby sets 5:13 p.m.,Tuesday, October 24, 2000, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public heating on the question of the girl of development rights on certain property fi.om Anne Hubbard in accordance with Chapter 6 (Community Preservation Fund) of the Town Code. The property is located on the northeast comer of C. R. 48 and Mill Road, Southold, New York. The owner of record and the approximate area of the parcel are as follows: 074-02-015 Anne Hubbard 6.88 acres. The total price would be costs associated with transfer of title of land to be gifted. Southold Town Clerk October 10, 2000 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59, open Space Preservation, Chapter 25, Agricultural Lands Preservation ~nd/or Chapter 6 (2% Commuhity Preservation Fuhd), of the Code of t~e Town of S6uthold, the Town Board of ~he Town of S0uthold will hold a public Ii'earing on the ~4t~ of October 2000, at 5:13 p.m., on the question of the gffi of development rights on certain property from Anne Hubbard tu the Town of Southold on the following described property: The property is located on the northeast comer ofC. R. 48 and Mill Road, Southold, New York. The owner of record and the appi'oximate area or'he parcel are as follows: 074-02-015 Anne Hubbard 6.88 acres. Thc total price would be costs associated with transfer of title of land to be gifted. FURTHER NOTICE is hereby given that a mo~e detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may bt examined by any interested person during business hours. Dated: October 13. 2000 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 19, 2000, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK. TOWN H~[,~!~?~.OX 1179 SOUTHOLD. NY 11971. The S~lflbIk ~"~m~ Town Board Members Land Preservation Committee Department of Land Preservation Thomas and Anne Hubbard Town Clerk's Bulletin Board PUBLIC HEARING OCTOBER 24, 2000 5:13 P.M. ON THE MATTER OF THE ACQUISITION OF DEVELOPMENT RIGHTS ON A CERTAIN PARCEL OF HUBBARD, SCTM #074-02-015. Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski SUPERVISOR COCHRAN: We will move to the next hearing. COUNCILMAN RICHTER: "Notice is hereby given that pursuant to Chapter 59, Open space Preservation, Chapter 25, Agricultural Land Preservation and/or Chapter 6 (2% Community Preservation Fund), of the Code of the Town of Southold, the Town Board of the Town of Southold will hold a public hearing on the 24th day of October 2000, at 5:13 P.M., on the question of the gift of development rights on certain property from Anne Hubbard to the Town of Southold on the following described property. The property is located on the northeast comer of C.R. 48 and Mill Road, Southold, New York. The owner of record and the approximate area of the parcel are as follows: 074-02-015 Anne Hubbard 6.88 acres The total price would be costs associated with transfer of the titled 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 the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: October 13, 2000. By Order of the Southold Town Board. Elizabeth A. Neville, Southold Town Clerk." I have notice that it was a legal notice in The Suffolk Times, and was posted on the Town Clerk's Bulletin Board. I have no correspondence, and I think it is a great gift. SUPERVISOR COCHRAN: You have heard the reading of the Public Notice in relation to a parcel of land development rights being gifted to the town. Is there anyone that would like to address the Town Board in relation to this gift? DICK RYAN: The subject parcel under consideration is located at the northeast comer of Mill Road and County Route 48 in the hamlet of Peconic. Mrs. Hubbard has offered to give the Town of Southold Development Rights Easement, which limits the use of the property to agriculture or open space purposes. The gift transfer of development rights is to occur before the end of this year. The Committee moved a recommendation to accept the gift of this development rights easement to 074-02-015 - 10/24/00 2 approximately 6.88 acres of property as is shown on the map before you, for agriculture and open space purposes. The parcel is identified on the Town's Community Preservation Project Plan adopted in 1998 as worthy of preservation. The area of the proposed gift easement previously owned by Franklin Rich is a vacant comer parcel that provides an open space vista to the immediate proximity. The parcel is zoned Agricultural Conservation. A survey is to be accomplished at town expense acceptable to the Land Preservation Committee. You are urged to accept the offer of a charitable gift of development rights to the parcel pursuant to the provisions of Chapter 6 of the Town Code. In doing so, I ask the Town Board to also give due acknowledgement to the charity and concern for preserving the open, rural character of the community as evidenced by Mrs. Hubbard's generous gift. SUPERVISOR COCHRAN: Thank you, Mr. Ryan. Is there anyone who would like to address the Town Board in relation to this generous gift? (No response.) If not, I will close the hearing. Southold Town Clerk S 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Tills 1S TO CEi;q ll'f TIiAT Tile FOLLO ~VING RESOLUTION WAS ADOPTED AT THE t4EGtJLAR M£1~2TING OF TI4E SOtJTHOLD TOWN BOARD ON OCTOBER 24, 2000: WHEREAS the Town Board of the Town of Southold wishes to accept the gift of the development rights easement from Anne Hubbard, pursuant to the provisions of Chapter 6 of the Southold Town Code, said property identified by SCTM# 1000-074-02-015, consisting of an area of appro×imately 6.88 :~cres; therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant t the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. Seq.; be it further RESOLVED by the To wn 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 thc Town of Southold that the Short En{qronmental Form prepared for this pro~ect is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact op. tke cnvircm:.e~ t and declares :~ negative declaration pursuant to SEQRA Rules and Regulations for this action. 1511"zabcth A. Neville Southold Town Clerk October 24, 2900 OCT 3 0 DEPI OF LAND PR£SERVMION PROJECT I.D. NUMEER 617.20 SEQR Appendix C Stats Environmental Quality Rsvisw SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIOHS Only =ART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) Munlcloallty ~ County , 4. PRECISE LOCATION (Street address ~nd road Intersections, prominent landm~trks, etc., or provide map~ 5. IS ~OewSED ACTION: [] ~;~panslon [] Mocilflcatlon/a!teratlon 6. DESCRIBE PROJECT BRIEFLY: 8. WI PROPOSED ACTION COMPLY WITH E~IST~NG Fes [] NO If No, describe bHe~ty ZONIHG OR OTHER EXISTING LAND USE WHAT IS PRESENT LAND USE IH VICINITY O PROJECT? Oescrlbe: 10. ODES ACTION INVOLVE A PE.F, MIT APPROVAL OR FUNDING, NOW OR UL~MATELY FROM ANY OTHE.:~ GOVERNMENTAL AGENCY (FEDE,qAL STATE Off LOCA!.)?j [] Ya~ .~o if yes, list agancy(~) ~nd permit/approvals 11. DOES ANY ASPECT OF THE AC'~ON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] No I~ yes, ~$t a,~ency name ~i pen'nlt/aoproval 12. AS A RESULT OF PROPOSED ACTION WILL -;EXIS~NG PERMIT/APPROVAL ~SOIJIRE MCCIFiCATION? [] Yea ~o CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE ~SST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form betore proceeding with this assessment OVER 1 PART fi--ENVIRONMENTAL ASSESSMENT ~o be completed by AgeDcy) A, DOES ACTION ~-XCEEO ANY TYPE I THRESHOLD IN 6 NYCRR, pART 617.4? If ye~,. c,.3or(~in~te ~he review process and use the FULL EAF. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 8 NYCRR. ~ART 817.87 may be suoerse~ed by anolher involved ~genc,/. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwtitlen, if legiblel C1, Existing air Q~Jality, st~tace or groundwater cluallly ~ quanIRy, noise levels, existing Iratflc 0aHems, solid waste production or dls[3osa; potential fcr afosiort, drainage of Iloodlng problems? Explain brielly: O W:LL THE PROJECT, HAVE AN [MFAf. Tt' ON THE ENVIRONMENTAL CHARACTERISTiCS. THAT CALIt',E~." 3}IE ESTADLJSF[MENT OF A CEA? E. IS THERE. OR ISr,~F~E LIKELY TO SE, CON~'ROVE~Y RELATED TO POTENTIAL ADVERSE ENVIROH/,1ENTAL tMPACTS? PART III--DETERMINATION OF SIGNIFiCANCe.. (To be completed by Agency) iNSTRUCTIONS: For each adverse e~fecr identified above, determine whether it is substantial, large, important or otherwise significant. *Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b~ probability of occurring; (c) duration; (d} irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supp(~rttng materials. Ensure that explanatloes contain suff|cfent detail [o show that all relevant adverse impacts have been identified and adequately addressed. I! question O of Part fl was chec~ged yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY dlhCUr. Then proceed directly to the FULL EAF and/or prepare a positive dec!aration. ecl( this box if you have determined based on the informatfon and analysis above and any supporting cumentation, ~hat the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the rea n~upoorting this determination: e,? -. / 2 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 Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TillS IS TO CERq IE¥ THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 24, 2000: WHEREAS, Anne Imbbard has offered to gift a Development Rights Easement to the Town of Southold pursuant to Chapter 6 of the Town Code for land preservation; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the gift of the Development Rights Easement on the 10th day of October, 2000 pursuant to the provisions of Chapter ~;, Community Preservation Fund of the town Code of the Town of Southold, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold accept the gift of the Development Rights Easement now therefore, be it RESOLVED that the Town Board of the Town of Southold elects to accept the gift of the Development Rights Easement on the Anne Hubbard property, located on the northeast comer of C. R. 48 and Mill Read, Southold, New York, SCTM # 1000-074-02-015, consisting of an area of approximately 6.88 ::cres, at a total price of the costs associated with transfer of the title of land to be gifted. A. Neville Southold Town Clerk October 24, 2000 OCT 3 0 2000 DEPI OF LAND PRESERVATION C L 0 S I N G E X P E N S E S IVolson,'Pope & voorhis, /..LC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 To: Town of Southold Town Attorneys Office Town Hall. 53095 State Rte 25 P.O. Box 1179 South,hold NY 11971-0959 Attention: Greg Yakaboski Invoice Property: 00400 Project: Hubbard Propery Manager McGinn, Steven VA419 Invoice #: 336 Invoice Date: February 28. 2001 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,500. O0 Professional Services for the Period: 11/1/00 to 2/28/01 Prepare Phase 1 Environmental Site Assessment Specified Fee: $1,500.00 Town of Southold, New York - Standard Voucher PAY TO: Payee Tax Identification Number i1 *da~: 572ID~ ~l~a~'~ Payee Reference InvoiceNumher ~g¢ I ~lnvotce Date 2~2¢10I Purch~e Order Number 0793q .P.O. Dare 3/21/01 ~shD~count % Days Item Unit Number Description of Materials / Services Quantity Amount Price PreJ>orgPha~ l ESP,. ~ I~oo - Gift of Developmenl"'Rights $ClM #1000-7t1-2-15; 59-10-2; 59-t4-8 Totai $1500 - Payee Certification .Tl~,e undersigned (C aim~,~A~cting o~ .beha f of the above named caiman I does hereby cert fy hat the forego ng claim is tree and correct ~'' '. arid that ~~ep~ therein stated, and that the balance therein stated is actuaily du~an~l, owlng. _., t' / ' Department Certification hereby certify that the match, above specified have been received by me in good condition without substitution, the services properly performed and that the t~![l~itles thereof hav~.~e heen_ verified with the exceptions or discrepancies noted, and payment is approved Si§nature Title Tow. Attor.e¥ Dated i" PECONIC SURVEYORS, P.C. P.O. Box 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 (631) 765-5020 · FAX (631) 765-1797 NOVEMBER 17, SOUTHOLD TOWN LAND PRESERVATION COMMITTEE P.O. BOX 1179 SOUTHOLD, NY 11971 200O FOR PROFESSIONAL SER~CES RENDEI~ ...... SURVEY OF PROPERTY AT PECONIC, NY S.C. TAX #: 1000-74-02-15 FEE: $ 2,100.00 ¸.7 ? R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDs OFFICE RECORDING PAGE Ty~e of Instrument: DEEDS/DDD Number of Pages: 12 TRANSFER TAX NUMBER: 00-20422 District: 1000 Deed Amount: Section: Block: 074.00 02.00 EXAMINED AND CHAR~EDAS FOLLOWS $o.oo Recorded: 12/28/2000 At: 11:41:26 AM LIBER: D00012093 PAaE: 057 Lot: 015. 000 Received the Following Fees For A~ove Instrument Exempt Page/Filing $36.00 NO Kandling COE $5.00 NO EA-CTY EA-STATE $25.00 NO TP-584 Cert. Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Comm. Pres $0.00 NO Fees Paid TRANSFER TAX AK~4BER: 00-20422 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County Exempt $5.OO NO $5.00 NO $5.00 NO $47.00 NO $0.00 NO $128.00 D~ed I Mortgage Tax Stamp FEES EA-~ 17 (Cea.y) F-A4217 (Sta~e) hub To~al Sub To(al GR~N D TOTAL Real l~ope~y Tax Service Agency Vetificatkn Dist. Sec, tim B kck 2~00 Dec 28 1i:41:26 Ed~erd P, Rueai~ O-E~< 0F SL~-Fg.X COUHTV L I>000L~'393 DT'~ 00-20422 Reconiin§ / Filiug Stamps Mortgage Amt. 1. Buic Tax 2. Additional Tax SPS~Y~iL Spec./A~L TOT. MTG. TAX Held for ,~oponionmeat Community Preservatiox~ Fund Consideration Amount $ CPF Tax Due $ This pagdonm pan ofll~e attackd TO Od. O02 Title Compzly Information Co. Name (~l.~T{ Title # & Endorsement ~ h~in~ ~ or~of made by; BOXIc~ 5 'IttRU 9 MUb-T BE TYPED OR PRIN i I~J l]q BLACK INK OHLY PRIOR TO RECY)RDI~ OR H~. (OVER) DEED OF DEVELOPMENT RgGHT$ THIS INDENTURE, made this ~ ~l~day of December, 2000 BETWEEN ANNE A. HUBBARD, residing at 9 Lcgg~*t Road, Bronxville, N.Y., party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at Main Road, Town of Southold, County of Suffolk and State of New York, party oflhe second part: WITNESSETIt, thai the parly of the first part. in the consideration of One Dollar and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, ils successors and assigns forever, THE DEV'EI,OPMENT RIOtITS, by which is meant the permanent legal inter~t and right, as authorized by section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for open space or agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use ofthe premises and any ~ructures thereon for any purpose other t'han as open space or agricultural production, 1o the property descn~r, ed as follows; ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southo/d, County o fSuffolk and State of New York, bounded and described as follows: ~aCllEDULE A - DF.~:RZFTZON PA~CE~ X~ ~O00.- 074.00 - 02.00 -~ 6;G~NZNG at ~a In~on ~ no~y line of HI,die ~ad (C.~ 48) ~ ~e no~e~ line of Hill RU~N~NG ~ENCE along sal~ no~-~.No~ ~5 d~ ~9 m~nu~ ~ semis W~ 30.~ ~; . (2) No~ 53 d~ 47 minu~ W~ 508.85 ~t; (3) Na~ 49 deg~ ~ mln~ 20 ~n~ W~ 1~.~ ~ ~ tam ~w or ~e~ Of ~e ~d~ne ~ENCE along said n~y I1~ ~e ~1~ ~ (2) ~ a~ (1) Sou~w~ on a ~ to ~e leR ha~ a ~dius of 5789.58 fe~ a ~J~n~ of 77,92 (2) Sa~ ~6 d~ Z4 min~ ~ ~n~ W~, 263.05 ~et ~ ~e ~;~ or pla~ of B~ZNNZNG. Ei.l~: 1o00 -'069,o0 - %o.o0 - a ~n~ aflu.u~uv, . a ~Y land n~ or ~aflY ~:Z~ 1~ so~flY s~ae of Ng~ ~d o~ Hid KUNN~G ~EN~ ~ ~ deg~-~ mln~ 3o m~s ~st along lend now o~ ~Y of Pudge ~-, 821.75 ~ ~ land now or M~edy af DaSd Hudd; ~E~E Sou~ 33 d~gr~ t9 mln~ ~ ~onds W~ along la~ or ~edy ~ ~udd~ 3~3.60 ~ ~ land now or ~flY of ~ond Jay so~ side of No~ ~d or MId~ 33 ~e ~ 39 mln~ ~0 ~ No~ g ar ~ ~NN~G. ~a~ or Nldd~ R~d (C.R, ~) ~ ~e pol~ plato PAACI~L Tn.: 'f000 - 059.00 -~ 04..00 - 009.003. ALL ~at certain pl~'c~ pl~c~ or parcel of I~d, ;~a~ M~ a~ ~ iff ~ TG~ o~ ~. ~ Q~ ~ ~m ~e w~ srde ~ e ~e If~ ~l~ ~n~ ~a $.~y ~de of Ho~n's ~fle ~d ~e 8~y side of Hi~le ~ad (C~'~) AUNN]NG ~HEN~ along ~ld ~u~Hy ~lda of Hiddla ~d (C~ ~) ~e ~]lo~g ~o (2) ~u~= and 1, no.~a~Hy along an a~ of a ~e ~a~ng to ~e leR having a ~dlus of 887~D0 fee~ a di~n~ ~ 2. North 54 degrees 25 mlnut~ 40 seconds ~ 101.06 fee~} THENCI~ SOL,th 35 degree~ 34 mlnctL'es 20 seconds ~as~ 300.00 ~ee~ ~o land of George T. G3flway; TH~CE South 54 degrees 2~ mlnu~es 4o seconds We~ alo~ said land now or formerly of George T. Conway, 200.00 fe~; THENCE North 43. clegraes 4~ mJnuta~ 40 escond$ West: sUII alo~ said ~and now or formo~/of Ooorg= T. · Con,my, 307.00 fee~.~o the sa~hea~arly sld!.e~ Middle Road (CP. 48) and t~e I~oint or place of I3~NJ~LNG. The abovp descrll~ed premises b,~ng also Imawn u L~c No. 2 as ~d~own ~'a cardin Minor subc[K<slon map made for Pudge Corp. and filed In the africa of the ~OUtheld Town C3e~ on 3uly 19, 1982. PARCEl. V: lnO0 - 055,00 - 0'1 .GO - 011.002 ALLb'tat certain ~lk~ S~ ~ New Yo~, ~ and d~g~ ~ ~ No. ~ on a ~n map e~, "~p ~ ~wa~ · a~ an~ fl~ In ~e ~ ~ ~ ~e~ o~ ~ ~n~ o~ S~lk on M~ ~ ~9B7 as Map No. 8309, ~ld Io~ w~n ~ken ~g~er a~ ~und~ and d~ ~ ~: ~NZNG at a p=lnt on d~slon ~ne ~en ~ 2 and 3 on ~ ~p; ~N~G TH~CE ~ 67 deg~ ~ mln~ ~ ~nds W~ along sa~ no~w~ side o~ M;ddle ~d (C~ ~}, ~3;6G'~. ~ d~ls~on I(ne ~ ~ ~ a~ 2 ~ ~id map; ~ along said d~lslon ~ a~ong said dlv~on Itne~ So~ ~0 d~ 2~ mlnu~ SO ;~n~s ~ 242.6~ ~ ~ ~e ne~ ~de PARCEL V: '~000 - 0~5,00 - OZ.O0 - 01~.004 ALL tha'c certain plot, pi~, or parod of land, sit:uatA, lyl~ and beln.q in t.h~ Town of Gout:hold, County of StlflSlk end State of New York, known and desiollated i~ Lot: No. ~ on a cer~lri map entitled, 'Map of Edward D. Deft' and filed In the Off~ce of Ule Oegk of tile County of Suffo*lk on May 11, 1987 as Map Ne. 8309, said lots when taken tegather aPe beunded and desctil~d as fellewi~ BC:GINN~NG a~ a point on the n~fm~-'~rfy side of'Middle Road (C IL 48) at the exlzern~ sou~westedy end of' the curve whl~n cen~ectz the westerly side of Younga Avenue and tile nod~Nesterly side of Middle Road (C.R. 48); RUNNING THENCE South 67 degrees 06 mlnute, s ,tO'secon~ Wast along said northwesterly s~e of Middle Road (C, IL 48), 135,3~ ~eet to the dMdon line between Lots 3 and 4 on said mep; THENCe along said dlvislen line, North 10 degrees 21 minute SO seconds We,5-t, 215.53 feet; · THENCE Nod:h 77 degrees :15 mlnu'ms 20 seconds Edit, 231,48 feet to the wes'terry side of Youngs ,avenue; THENCE South 10 degrees 51 minutes 50 seconda Ease along the westerly side of Youngs Avenue 70.76 THENCE southwesterly along an arc of a curve be~dng to the dght having a r~dlus of 12%00 feet~ a distance of 172.~4 ~ ta the north~L~dy side of Middle Road (C.R, 48) and the point or pla~e of B~GtNNING, TOGETI-[ER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of.any streets and roads abulting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all file estate and rights of the party of the first part in and to said premises, insofar as the rights ,granted hereunder are concerned. TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party ofthe first part covenants that the party or'the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, sucees,sors and assigns of Ibc party of the first part, to use thc premises on and at~er the date of this instrument solely tbr the purpose of open space or agricultural production. AND The party of the lirst part, as a covenant running xvith the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first pail. that the parcels of real property described herein are open lands actually used in open space or bona fide agricultura~ production as defined in GML sect/on 247 and shall remain open lands actually used in open space or bona fide agrictdtural production. This covenant shall run with the 1'~ in perpetuity. 3 AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. THE party of'the fa'st part and the party of the second part do hereby convenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date as open space or for the purpose of such agricultural production and the grantor covenar~s and agq'ces that the underlying ~e title may not be subdivided into plots by the filing ora saMivision map pursuant to Sections 265, 276 and 277 of the Tova~ Law and Section 335 of/he Real Property Law, or any of such sections of the Town or Real Property Law or any laws repladng or ia furtherance of them. The underlying fee may be divided by conveyance or devise of parts thereof to heirs and next of kin, by gift or will or by operation of law, or to other persons with written recordable consent of the party of the second part. This covenant shall run with the land in perpetuity. Nothing contab~d herein shall prohibit the sale of the underlying t~e or any portion thereo£ THE word "party" shill be construed as if it reads "parties" whenever the sense of this indenture so requires. THE, party or'the fu-st part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (~) not generate, store or dispose ofhazardons substances on the premSscs, nor allow others to do so: ~b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to thc premises for purposes o£ascertaining site conditions and for inspection of the premises for compLiance with this agreement. This covenant shall mn with the land in perpetuity. THE party of the first part, her heirs, legal representatives, successors and assi~ms of the party of the first part covcmants and agrees that she shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of(l) any inaccuracy or misrepresentation in any representation or ~varranty made by seller in this agreement: (2) the brmch or non-perrbrmance of any convcnants required by this agreement to be perb0m~ed by the party of the first part, either prior to or subsequent to the closing of title herein; or (.3) any action, suit, clahn, or proceeding seeking money damages, injanctive rel/ef, remedial action, or other remedy by reason ora violation or non-compliance with any environmental law; or the disposal, disc'barge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical subs 'tances` noises or vibrations to thc extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of Development Rights. This covenant shall mn with the land in perpetuity. AS set f~rth in Chapter 6 and Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acqu/red by the Town pursuant to the provisions of these Chapters shall not thereafter be alienat ,cd, except upon the affirmative vote of a majority of the Town Board a.qer a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of these Chapters shall alter the limitaliotts imposed upon the alienation of development rights acquired by the Town prior to any such arncndment. This cownaant shall nm with the land in perpetuity. It is further agreed between the grantors and the Town of Southold that, in addition to the Town of Southold having the right to enforce the covenants and restrictions contained herein the grantors, her heirs, assigns or legal representatives shall have the right to entbree the covenants and restrk.'tions contained herein. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. Anne A. IlubNtrd Purchaser: Town of Southold Jeall./W. Cochran, Supervisor STATE OF NEW YORK ) On thc O~ ~ day of December, 2000, before mc personally appeared ANNE A. HUBBARD, perso,~ally known to me or provided to mc on the basis o£ satisfactory evidence to be lhe individual whose name is subscribed to the within instnuncnt mid acknowledged to me that she executed the same in her capacily, and that by her signah~re on the instrument, the individual, or the person upon behalf of which the individual acted, excculed the instrmncnt. Notary Public.} ~ No. 41-5,909,;22 Com~ ,sS~on E~p.e~ March STATE OF NEW YOi~K ') COUNTY OF SUFFOLK )SS: Oil the 20th day of December, 2000, before mc personally appeared JEAN W. COCHRAN, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose nanac is subscribed to the :vithin instrument and aclmowledged to me that she executed the same in her capacity, and that by her signature on the instnmzcnt, the individual, or the municipal corporation upon behalf of which thc individual acted, executed the instrument. Notary Public MELANIE OORO$1~ NOT~ ~guc, StYe of New Yolt ~o. 01D046348'/0 i~in Suffolk County P R O P E R T Y R E C O R D S COUNTY OF SUFFOLK ~ ~ ~ '~] ~ ~ ~ ~ SOUTHOLD SECTION NO Re~ Property lox Service Agenc~ ~' Q 7 File View Toolbar Help ! ! ! ! ! ! ! ! ! ! ! ! ! ! MARKET APPROACH TO VALUE (Continued) Sale No.: Location: Grantor: Grantee: Liber/Page: Dist./Sec./Blk./Lot: Date of Deed: Recorded: Transfer Tax: Consideration: Zoning: Plot Size: Price Per Acre: Verified: Remarks: 2 NAV/C Mill Road & C.R. 48, Southold, New York Franklin Overton Rich 146 Cove Road Stonington, Connecticut Anne A. Hubbard 9 Legget Road Bronxville, New York 12052/845 1000/74/2/15 June 16, 2000 June 30, 2000 $880.00 $220,000. A-C Agricultural Conservation 6.88 Acres $31,977. Thomas J. Hubbard, attorney for buyer Vacant land, level and slightly below grade of C.R. 48. Utilities include electric and telephone. The properties development rights were subsequently deeded to the Town of Southold on 12-21-00. -32- SALES SKETCH RD. PHOTOGRAPH A E R I A L S S U R V E Y CERTIFIED TO' TOtYN OF SOUTHOLD SURVEY OF PROPERTY A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 74 - 02- 15 SCALE: I" = 80' NOV. 13, 2000 FINAL SURVEY L.G. ANY ALT~ATION OR ADDITION TO SURVEY I$ A ViOLATION OF SECTION TE09 OF THE NEW YOI~K STATE EDUCATION LAW, EXCEPT AS PER SECTION 7~09 ' SUS~IVI~ E. ALL ~ERTt~ICA TIOi~ AREA = 8.8888 Act. es f631) 765 P. O. BOX 909 IE$O Tt~A VELER $OUTHOLD~ N,Y. ~96/8 C. ' f631) 765 - 1797 STREET 11971 O0 - 316