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Hubbard, Anne A (5)
1000-59-4-9.1 (f/k/a 1000-59-4-9) Baseline Documentation Premises: 43560 County Road 48 Southold, New York 1.38 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 Improvementsi 1000-59-4-9.1 (f/k/a 1000-59-4-9) 43560 County Road 48 Southold $-0- (Gift) 1.38 acres 1.38 easement acres Yes RO (residential office) none E N V I R O N M E N T A L S U M M A R Y DECKERHUBBARD@WELDEN ID:212-649-5998 DEC 11'00 16:52 No.O02 P.O1 December 11, 2000 J ~ 'these ~er suggesfiuns Ibr thc form ofd~eds: s~'"' "~" ............... (1~ T~*oat mmplet~ly th~ ~nultimate p~agmph fleallngwith'~o '.' ~vc~r; ] now think it doesn'l add much m~d might cloud ~e issue ........... y~'~i~ mfemn~ should be made 1o ~is f~t in ~e deeds? Retching to repo~l of Nelson, Pope & Yom'his, flae structures on "'~-~l~'Middlo R~d Property at~d ~c Youags Av~6'e Pm~ny ~ ~:'::~'"'" ':~' ': '" ' · ~ p~s of being removed. '~e house on the No~n ~ae Property is " ~mplleat~ mo~ which we should discuss. ~'~ sen~i~ Ibis h~ i~AX. 1' wBl be in ~nd out tomom~w ~ut dO ~ r~h m~ - ~ ~ p.m. wouht b~ ! Phase I 7 Environmental Site Assessment Hubbard Property 1.._.~0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. 'This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on 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. 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 Yonngs 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, 1000-059-04-8 & 9, 1000-63-01-1.6, 1000-055-01- 11.1 through 11.4. The Mill 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 parcel consists of 8.0 acres of fallow field with a partially constructed building in the southwest comer of the property. This building was apparently intended to be for a motorcycle/wave runner store which never opened, A sohd 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 complet~ inspection of this residence was not completed due to the presence of an uncooperative tenant. A visual Hubbard Properties, Southold Phase I ESA I i I i i 1 i inspection of the property surrounding the house revealed three (3) abandoned cars, a 55 gallon dram and piles of debris. The remaining area of the property is active farmland that has been left -fallow 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 Youngs 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. Files 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 found no potential sources of environmental degradation on the subject property. No Federal, State and County documented regulated sites were noted in the'vicinity of the subject prop erty. In conclusion, 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 removed 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 Department 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 bam on the Youngs Avenue Property should be removed and properly disposed of. i Page 2 of 28 Hubbard Properties, Southold Phase I ESA FIGURE LOCATION MAP -7228'56~. 41 05'42" -SITES- Source: Precision Mapping 1995-1996 Page 8 of 28 / / i i i i i FIGURE 3 GROUNDWATER CON~ OUR MAP Page 19 of 2~ OVERVIEW MAP - 0566351.1 r - Nelson, Pope & Voorhis LLC Target Property Sites at eleva~ons higher than · or equal to the target property Sites at eleva~ons lower than He target property t Coal Gasification Sites (it requested) ] National Priority List Sites ] Landfill Sites ?? Power t~ansmission lines Oil & Gas pipelines [] 100-year flood zone ] 500-year flood zone [] Wetlands per National Wetlands Inventory TARGET PROPERTY: ADDRESS: CITY/STATE/ZIp: LAT/LONG: So.hold Prope~ies No~h Road So.hold 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 DETAIL MAP - 0566351.1 r - Nelson, Pope & Voorhis LLC ¢r Target Property · Sites st ele~'atJons higher than or equal to the targe~ property · . Sites at elevations lower than the target property ~- Coal Gasification Sites(if requested) ,~ Sensitive Receptors ] National Priority List Sites r~ Landfitl sites ~'~? Power transmission lines ~'./ Oil & Gas pipelines [] lg0-year flood zone ] 500-year flood zone [] We~ands per National Wet, ands inventory TARGET PROPERTY: Southold Properties CUSTOMER: Nelson, Pope & Voorhis LLC ADDRESS: North Road CONTACT: Steven J. McGinn CITY/STATE/ZIP: Southold NY 11971 INQUIRY#: 0560351.1r LAT/LONG: 41.0603 / 72.4522 DATE: November 21, 2000 10:46 am PHYSICAL SETTING SOURCE MAP - 0566351.1 r Major Roads . Water Wells Public Water Supply Wells indeterminate Groundwater Flow at Location ~ Groundwater Flew Varies at Location ~ Cluster of Multiple icons {~) Earthquake epicenter, Richter $ or greater ~ Closest Hydtogeologice. I Data TARGET PROPERTY: Southold Properties CUSTOMER: Nelson, Pope & Voorhis LLC ADDRESS: North Road CONTACT: Steven J. McGinn CITY/STATE/ZiP: Southeld NY 11971 INQUIRY#: 0566351.1r LAT/LONG: 41.0603 / 72.4522 DATE: November 21,2000 1'0:46 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 5:09 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 parcels of property from Thomas Hubbard and Anne Hubbard in accordance with Chapter 6 (Community Preservation Fund) of the Town Code. The properties are located on the Southwest comer of C.R. 48 and Horton Lane, Southold, New York. The owner of record and the approximate area of each parcel are as follows: 059-04-O08 059-04-009 063-01-001.006 Thomas Hubbard Anne Hubbard Thomas Hubbard 1.39 acres, 1.38 acresand 2.96 acres. The three (3') parcels total approximately 5.73 acres. The total price would be costs associated with transfer of title of land to be gifted. Eliza~oeth A. Neville 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, Agheultural Lands Preservation and/ur 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 of October 2000, at 5:09 p.m., on the question of the gffi of development rights on certain parcels of -. property from Thomas Hubbard and Anne Hubbard to the Town of Southold on the following described property: The properties are located on the Southwest comer of C.R. 48 and Horton Lane, Southold, New York. The owner of record and the approximate area of each parcel are as follows: 059-04-008 Thomas Hubbard 1.39 acres, 059-04-009 Anne Hubbard 1.38 acres and 063-01-001.006 Thomas Hubbard 2.96 acres. The three (3) parcels total approximately 5.73 acres. The total price would be costs associated with transfer of title of land to be glided. 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 pemon 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, 20~0, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATIONq'O ELIZABETH NEVILLE, TOWN CLERI~ TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Land Preservation Committee Department of Land Preservation Thomas and Anne Hubbard Town Clerk's Bulletin Board PUBLIC HEARING OCTOBER 24, 2000 5:09 P.M. ON THE MATTER OF THE ACOUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PARCELS OF HUBBARD, SCTM #1000-059-04-008, 1000-059-04-009, 1000-006-001.006 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 go to the next heating. COUNCILMAN MOORE: "Notice is hereby given that pursuant to the provisions of Chapter 59, Open Space Preservation, Chapter 25, Agricultural Lands 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 heating on the 24th of October, 2000, at 5:09 P.M., on the question of the gift of development rights on certain parcels of property t~om Thomas Hubbard and Anne Hubbard to the Town of Southold on the following described property. The properties are located on the Southwest comer of C. R. 48 and Horton Lane, Southold, New York. The owner of record and the approximate area of each parcel are as follows: 059-04-008 Thomas Hubbard 1.39 acres 059-04-009 Anne Hubbard 1.38 acres and 063-01-001.006 Thomas Hubbard 2.96 acres The three (3) parcels total approximately 5.73 acres. 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 des6ription 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 Sonthold Town Board. Elizabeth A. Neville, Southold Town Clerk." There is a publication in The Suffolk Times, and proof that is was posted on the Town Clerk's Bulletin Board, and there is no other correspondence. SUPERVISOR COCHRAN: Thank you, Mr. Moore. You have heard the reading of the public notice in relation to property of Hubbard's. Anyone like to address the Town Board? Mr. Ryan and Melissa? DICK RYAN: And Melissa will point out that the location of this property is at the southwest comer of Hortoffs Lane and County Route 48 in the hamlet of Southold. The entire parcel is approximately 059-04-008 - 10/24/00 2 5.73 acres in size and is represented as a four lot minor subdivision formerly owned by James Grey and Thomas McCarthy, respectively. Mr. Hubbard owns three of the lots and Mrs. Hubbard owns the fourth. Mr. and Mrs. Hubbard offered to give the property to the Town of Southold in a development rights easement which will limit the use of the property to agriculture open space purposed. The gift transfer development rights easement is to occur before the end of this year. The committee moved a recommendation to accept the gift of the development rights easement pursuant to the provisions of Chapter 6 of the Community Preservation Fund of the Town Code. The whole property is identified on the Town's Community Preservation Project Plan adopted in 1998 as worthy of preservation. The area of the proposed gift easement is adjacetn to the George Conway farm on the south, over which the Town of Southold holds a development rights easement, and provides an open space vista in the immediate proximity. There is a wood frame house on the parcel that is slated for removal by the owner. It is zoned Residential Office. A survey is to be accomplished at town expenses acceptable to the Land Preservation Committee. The Land Preservation Committee urges the Town Board to accept the offer of the charitable gift of development rights to this 5.73 acre property pursuant to the provisions of Chapter 6 of the Town Code, entitled Community Preservation Fund. In doing so, I also ask that the Town Board consider giving due acknowledgement to the charity and concern for preserving the open, rural character of the community as evidenced by Mr. and Mrs. Hubbard's generous offer. Thank you. SUPERVISOR COCHRAN: That you, Mr. Ryan. Anyone else like to address the Town Board in relation to this gift? (No response.) 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 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD 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 Thomas Hubbard and Anne Hubbard, pursuant to the provisions of Chapter 6 of the Southold Town Code, said properties identified by SCTM #1000- 059-04-008, SCTM # 1000-059-04-009 and SCTM # 1000-063-01-001.006, consisting of a total area of approximately 5.73 acres; 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, 6 NYCRR 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 envirorm~ent and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Southold Town Clerk October 24, 2000 PROJECT I.D. NUMeER I 617.20 i Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 2. PROJECT NAME 4. PRECISE LOCA~ON ~treet address and road Inters~tl~ns, p~omlnent tandmerks, etc~ or ~rovide 5. IS PRO SED ACTION; S. DESCRIBE pROJECT BRIEFLY: [] Modtflcatlon/a!t eraflon 7. ^MOUNT o~ t_-~D ArFECV~e Innlally ,~, '7 '~ acres UIUmatety ,..~, 7 '~ 8. WIL~ PROPOSED ACTION COMPLT WITH EXISTING ZONING (JR OTHE-=l EXISTING LAND USE ;:~ESTRIG'T~CNS? s [] No If No, de~cdbe bHetly WHAT IS PRESENT L~NO UBF IN VICINITY OF ROJECT? 10. OOBS ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL~ STATE OR LQCAL~?~ /1 / DOES ANY ~FECT QF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? [] No I! yes, list agency name and permtt/~pprov~l 12. AS A RESULTOPP.(OF P OPOBED ACTION WILL =~JST]NG pEP, MIT/APPROVAL REQUIRE MOOIF~CATION? ~ Yes ~ ~ ~ ~ -- -- = [ CE~ THAT ~E INFORMA~ON P~O~OED ABOVE IS TRUE TO THE ~E~ OF MY KHOWL_DGE Oate: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be completed LS' Agaric'.,') ' W~L._.L THE pROJE HAVE AN iMPACT ON THE C~NVIRONMaHTAL CHARACTERISTICS. THAT CAUSS!') THE ESTASUSHMENT OF A CEA? [] Yes ~ If Yes, ~xplain bdefl¥ ' / PART III--O~-TERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it i~ ~ubstantial, large, imbortant or otherwise signi[icant. *Each effect should ~e assessed in connection with its (al setting (I.a, urban ,or ~ural); (b) probaPility of occurring; (c) duration; (d) irreversibility,' (e) geograohic scobe; and (f) magnitude. If necessary, .~dd sttaci3ments or refelm~ce supp(~rting materials. Ensure that explanations contain suffic!ar~t detail ~o show that all relevant adverse impacts have been identified and adeguately addressed. If question D of Part [I was checkect '/es, Ihe determination and significanc~ must evaluate ttm ~:otential im~3act of the proposed action on the environmental characteristics of the CF-A. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY cur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. hack this box,if you have determined, based on the information and analysis above and any Supporting cumentatfon, ,hat ~he proposed action WILL NOT result in any signilicant ;,dverse environmental impacts D provide on attachments as necessa[~L~he reasons supo/3rtJng this detgrmination: 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 24, 2000: WHEREAS, Thomas Hubbard and Anne Hubbard have 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 Toxvn Board of the Town of Southold held a public hearing on the question of the gift of the Development Rights Easement on the l0th day of October, 2000 pursuant to the provisions of Chapter 6, Community Preservation Fund of the town Code of the Town of Southold, at which time ail 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 Thomas Hubbard and Anne Hubbard properties, located on the Southwest comer of C.R. 48 and Horton Lane, Southold, New York, SCTM # 1000-059- 04-008, SCTM # 1000-059-04-009 and SCTM # 1000-063-01-001.006, consisting of a total area of approximately 5.73 acres, at a total price of the costs associated with transfer of the title of land to be gifted. Southold Town Clerk October 24, 2000 C L 0 S I N G E X P E N S E S elSOn, Pope & Voorh#s, L£C 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 Southhold NY 11971-0959 Attention: Greg Yakaboski Invoice Property: 00400 Project: Hubbard Propery Manager McGinn, Steven VA419 Invoice #: 336 Invoice Date: Februa~ 28, 2001 Invoice Amount O0 Mam~ em~cms ~'AYABL~ TO r~LSON POP~ &voovans 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: ~lvtll~ ,flu Pu~h~eOrderNu~ber 07934 P.O. Date 3121101 Paye~ Tax ldcntificati0n Number or 5ocial 5~curit¥ Number:. -/ Payee Reference Vendor Contact C~sh Discount % Days - Item Unit Number Description of Materials / Sendces Quantity Price Amount Preoar~ Oho~ i ESP, ~' i~oo - Gift of Developmen~Rights SCTM ~1000-74-2-15; 59-10-2; 59-4-8; I 59-4-9~ 63-1-1.6; 55-1-11.1; 55-1-11.2; 55-1-11.3; 55-1-11.4 Payee Certification ~'~ .u haler'signed (Ciaimaiag'~Acting o~behalf of the above named claimant) does hereby certify that the foregoing cleJm is true and correct · ' ',b/ ~.. and that no~a~ee~, e~x~ept.~ therein stated, and that the balance therein stated is actually dup an~.owing. -,, ~. Department Certification [ hereby certify that the materi~bov¢ specified have been received by me in good condition without substitution, the se. trices properly ~?, performed and that the ~,gd tic~ {hereof hav~X~_e been veil fled with the exceptions'or discrepancies noted, atKi payment ~s approved ' ~i~atum ~ -Title Town Attorney Dated ~/11/01 PECONIC SURVEYORS, P.C. P.O. BOXg09 1230 T~VELER STREET SOUTHOLD, N.Y. 11971 (631) 765-5020° FAX (631) 765-1797 NOVEMBER 1 , 2O00 SOUTHOLD TOWN LPC P.O. BOX 1179 SOUTHOLD, NY 11971 JOB #: 00-315 FOR PROFESSIONAL SERVICES RENDERED: SURVEY OF PROPERTY AT SOUTHOLD, NY S~C. TAX #: 1000-59f04-08 & 09 ~ 1000-63-01-1.6 FEE: $ 1,700.00 R E C O R D E D E A S E M E N T IIIIIIIIIIIIIIIIIIIIIIIII SUFFOLK COUNTY CLERK RECORDs OFFICE RECORDING PAGE Type of Instr%u~ent: DEEDS/DDD Number of Pages: 12 TRANSFER TAX NUMBER: 00-20422 District: 1000 Deed A~ount: Section: Block: 074.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $o.oo Received the Following Fees For Above Instrument Exempt Page/Filing $36.00 NO Handling COE $5.00 NO EA-CTy EA~STATE $25,00 NO TF-584 Cert. Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Corm. Pres $0.00 NO Fees Paid TRANSFER TAX NUMBER: 00-20422 THIS PAGE IS A PART OF THE INSTRUMENT EdWard P.Romaine County Clerk, Recorded: 12/28/2000 At= 11:41:26 AM LIBP. R: D00012093 PAGE: 05 7 Lot: 015. 000 Exempt $$.00 NO $5.00 NO $5.0O NO $47.00 NO $0.00 No $128.00 Suffolk County TORRENS ~r~l tl. Cerfific~:e #. Prior Ctf. #. Deed / Mortgage lnstmmen! Pagc/ FilinS Fee Handling q EA-52 17 (County) · EA-52 ! 7 (S~ate) Comm. orE& Cenitled Copy so_o__ Sub To~l Sub T~(al GRAND TOTAL Real Pmper~ Tax Setvi~e Agency Verification Dec ~ 11:41:26 aH Ed,~ard p, Ro~iair~_ C:_ERK OF SUFFOLi( C .~IqlV Recording / Filing Stamps Mortgage Ami. I. Basic Tax 2. Addigo. nal 'lax Sub Tota{ Or Spec./Add. TOT. MTG. 'FAX Cormnun, ity Prese~.a,~ion Fund Consideration Amount $ CPF Tax Due $ 9 u ~- 0/- oo Satistkclions/Discha~ges/Releases List Propen3 RECORD & RETURN TO: Fl'loin nb Ilq-/I Suffolk Od. OO2 Vacant Laud TD 'ID TD Title Compamty Information Co. ~m= CcTI C & Endorsement Pa (OVER) DEED OF DEVELOPMENT RIGHTS T/-IlS INDENTURE, made this '~1 ~l~day of December, 2000 BETWEEN ANNE A. HUBBARD, residing at 9 Leggct Road, Bronxville, N.Y., party of the first part, AND the TOWN OF SOUTHOLD, a mtmicipal 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: WITNESSETH, thai the parD' of the first part. in the cousidemtion 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 lbrever, THE DEVEI,OPMENT RIGHTS, by which is meant the permanent legal inter.=st and right, as aulhorized by section 247 of the New York State General Municipal Law, as an~ended, to permit, require or restricl the use of the premises exclusively for open space or agricultural production as that term is presently dethaed 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 ~mcture~ thereon for any purpose other than as open space or agricultural production, to the property descn~oed as follows: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: 8alEDULE A '. DF.~ZUFTZON PARr~L T: :LOGO.- 074,00 - Q2.0D '~ OAS,GOO- . ALL that: carton plot, pfe~a or parco[ of end, ~tuat~, lying ~nd I~ng in t~e Hamlet of Pemnic, In the Town of Southold, County of Suffolk and ~ata of New'Yo~k~ more pa~cula~y 13ounded and described as follows: ISEGJ:NNZNG at the lnte~acUon of the no~d~westerly line of Middle Read (C.R~ 48) with the northerly line of HIll Lane; RUNN:NG THENCI~ along said north~y-i~h&.Nortfi 65 T~ENCE along Ule northeasterly line of said Mill Lane Ule following three (3) courses and distances: North 41 deg~es ~.8 minutes 10 seconds West, 181,34 feet; (2} North S3 degrees 47 minute~ We.~c, see.as (3) Norl~ 49 degrees 48 minutes 20 seconds West~ 1~6.00 feet to land now or formerly of -George end ChrisUna Swlerbutowlcz; · _~_ ~_~C:E..elo_.ng ~fd land el'.Sw~erlaut~ N~h 42 degrees SG minutes ~ S41.06 feet I~ land of Ronald THENCE along said land of RIc~a and later along and now ar tormem/er Valen~ne ~: and Erlca 3~ Pga% South ' 50 cZegrees 35 minutes 50 seconds East, g46.4g fee,:tie said northwesterly fine et'Middle Road; THENCE along said northwesterly line the f~llmelng lave (2) ¢~umes and distances: (~L) $outflwestedy on a curve I:o the leR having a radius of 5789.58 feet, a distance of 77,92 feet~ (2) South SG dog,sas 14 minutes 40 ~-~:onds West~ 263.05 feel: to U~e point or piece of BEGZNN[NG. · pAI~RL rr: :LOGO -'059.00 - :LogO0 - O02.000 so~nY sine of RUNN~G ~EN~ ~ ~ deg~ ~ mln~ 30 ~s ~st along lend now or ~Y of Pudge ~., 6~.75 fe~ m land now or ~dY of Da~ Mudd; ~ENCE Sou~ 3~ dagr~ ~9 m:n~ ~ ~onds W~ along la~ or ~Y of ~udd, 373.60 ~t ~ land now or ~e~y ~ ~ond ~CE N~ ~ ~r~ so~ side of ~CE No~ 33 aeg~ ~ed or Mlddte R~ (C.R, 48) ~ ~e pol~ or pla~ ~ BE~NNING- PARCEl. 13:Z~ IOQG - 059,00 -~ O~o0 - 4)09,002, ALL Um~ certain pl~ piece or parent of land, ~ll~et~,/ylng arid being in Ute T~vn of SouUlold, Courlty of SufFolk aad 5tal~ of New. Ym~. mom pa~a~lany bou.nded end d .e~'lbe~ as ~o~: · I~EGINN/NG o~ a monument on t~e sou~easl~Iy skit of Middle Road (C,R. 48) distant soumwesta~y 618,48 fe~c ~om t~e west~..~ ~l'de ~'a tie line v~nlch canne~ the southwesterly ride of Hot,oh'S Lane ~ the southeasterly olde of Hi.lie Road (C.R.'48) ~UNNZNG THENC~ a]ong said sou~easterl¥ side of Middle Road (CP. 48) the ~o)low~ng two (2) coupes and distances: 1, no~heast~qy along ~n arc o~ a cu~e baaing ~o the left i'lavi~lg a r~dlus of 88~2.00 I'nel~ ~ dlst~nc~ of 98.94 tee~; 2. ~orth 54 degrees 25 mln~Jt~ 40 seconds F. ast~, 101.06 fee~; THENCE SoUth 35 dagreee 34 minutes 20 second; 6asl~ 300.00 6ant: ~ land ~ George T. Conway; THC--NCE South 54 degrees 25 mlnut~ 40 secorJds West along said land now or formerly of George T, Coaway~ 2.00.00 fee~; THENC; Iqo~h 43. degrae~ ,lO min~ ~ ~M~ w~ ~11 a~ ~ld ~nd ~w or ~ of ~= T. · ~, ~7.~ ~.~ ~.~ ~M~.~ M~le ~d (C~ ~) a~ ~ ~l~ ~ ~ of mad~ for ~dge ~. and ~led In ~e ~ of ~e ~old Town ~ on 3u~ 19, 1982, PA~,~J. V: 1000 - 0,55,00 - 0:1..00 - ALL that certain1 D~C, piece, or parcel O~ ~nd~ situate, lying ~u~°~.lLa~S~,t~_~ ~ ~ew_Y~rk, . ..k~'~wn_.an.d d .~Ld..g _A~t:~d' aS Lot No, .2 on a cettalfl m,~p entfded, "~ap of Edward ~,. ,aA(~ =,~u n*eu m me t.~mes or ~e qer~ or ~ county of SUffolk on May 11, 1987 as Kap No, 83Q9, said 1ets when taken together are ~unded and descrlbe~ as follows: BEGZNN~NG at a penni: on the northweste~y side of Nlddle Road [C,IL 4~) where same is. Intemectecl by the dM$;on fine between Lots 2 and 3 on said map; RUNN/~G THF. NCE South 67 degrees 136 minutes 4Q ~econds West along said northwesterly side of Middle Roec~ (C.R. q6), 3~$3;6G'feeeto the division Kne between LOt~ i and 2 on said map; TKC--NCE atong said division I;ne, North 10 degrees 21 mlntYce 50 seconds West, :ZGg.TO feat; Tt-IENCE*Nort~ 77 degrees 15 mlflutes 20 seconds Gut, ~50,13 feet to the dlvlslon line between t~cs 2 and 3 re'gr, above merddoned ; THF..NCE afGllg said division I(ne, South 10 degrees 21 m;nut~s 50 ;econds Eas~ 242.61 feet to the northwegcerly side of t41ddle Road (C, IL 443) arid the polflt or place of PAPA:EL V: 2000 - 055,00 - 01.00 - 023.004 AU. that certain plot~ p~ece, or parc~ of land, sltuatz, ~g and being in ~e Town of Southol(/, C~unty of SU1YoIk and State of New York, known anti designated as t~t Ne, 4 an a certain map em~ad, 'Nap of EdwarcS D, Dart" a~l filed II1 ~ Office of Ule Oedc of Ule County of Suff~*lk on May 11, 1987 as Map No, 8309, said Iot~ wlmn taken ~og~tther ale bczunded and dasQlb~d e, fol~w~I BEGINN~[NG al; s point ~ t~e nortt~/as~r~¥ s~de of Hlddle Road (C.R. 48) at the ex.me soutJ~was~ty end of the azrve whiCh connects b~e westerly eida of Youngs Avenue and the nerthwasfer~y side of Hlddle Road (C,R. 48); ~UN~;NG T~ENC~ ~;Ou~ ~7 degrees 06 minutes 40'~.c~n~s W~t along ~ld nart~west~Hy ;(de of Mi~le Road (C,R. 48), 135.3~ feet t:o t~e dMs/on line between Lots 3 and 4 on said mop; THENCE along said division line, North [0 aeg~s 21 minute 50 seconds Wast, 21-;.53 feat; ' THENCE Nerth 77 degrees/~; minutes 20 seconds East; 231,40 feet to ~ westerly side of Youllgs Avenue; THENCE South 10 degrees 51 minutes 50 seconds East along the westerly side of Youngs Avenue 70.76 feat; THENCE southwesterly ah=rig an arc of a curve bearing to the Hght having a radius of 127.00 feet~ a distance of 172.84 feet to the nefl~westerty side of Hlddie I~ad (C.R. 48) and the po(hr or place ef BEG~'NN[NG. TOGETHER 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 abutting the above deseribed premises to the center lines thcreo f. TOGETHER xvith the appurtenances and all the 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 o£the first part covenants that the party of'the t~mt 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 parly of the first part, and the heirs, legal representatives, socces,qors and assigns of the party of the first part, to use thc premises on and alter the date of this instrument solely tbr the purpose of open space or agricultural production. AND The party o_fthe tirst part, as a covenant nnming with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, succesmrs and assigns of the party of the first part, 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 agrictfltural production. This covenant shaft run with the land in perpetuity. 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 thc 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 covenants and agrees ti}at the underlying 1~e title may not be subdivided into plots by the filing ofa snbdivision map pur~mant to Sections 265, 276 and 277 of the Town Law and S~tiou 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The underlying fee may be divided by conveyance or devise of perts t~reof 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 contained herein shall prohibit the sale of the underlying tee or any portion thereof. THE word "party" shall lye construed as if it reads "parties" whenever the sense of this indenture so requires. THE party of the fa'st part, the heirs, legal representatives, successors and assigns oft/lc party of the first part cove~m~ts and agrees that it will (o~) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so'- t,b) comply with all of the Environmental Laws; allow party oflhe second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for comPliance with this agreement. This covenant shall nm with the land in perpetuity. THE party of the ftrst part, her heirs, legal representatives, successors and assigns of the party of the first part covcmants and agrees tlbat she shall indemnify and hold party of the second part and any of its officers, agents, cnnployees, and, their respective successors and assigns, harmless fi.om and again.st any and all damages, cla/ms, 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 agrcement: (2) the bm-ach or noa-per~brmance of any convenants required by this agreement to be perforated by the party of the first part, either prior to or subsequent to the closing of title h~'xein; or (3) any aution, suit, clabn, or procceding seeking money damages., injunctive relief, remedial action, or other remedy by reason ora violation or non-compliance with any environmental law; or the disposal, discharge or release of'solid wastes, pollutants or ha?ardou$ substances; or exposure to any chemical subs 'tances. noises or vibrations to the 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 nm with the land in perpetuity. AS set forth 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 alianatcd, except upon the affirmative vote ora majority of the Town Board after 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 limitalions imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run 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 entbree thc covenants and restrictions contained herein the grantors, her heirs, assigns or legal representatives shall have the fight to entbree the covenants and restri~,nions contained herein. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first writtcn above. Seller: _ :/~ Anne ^. IIubhard Purchaser: Town of Soutbold By: (~ O~L-~°~-~ J~a~. Cochran, Supervisor STATE OF'brEW YORK ) COUNTY O17 [',J6.o~- ~ )SS: . On th~; 2 l day of December 20013, before me personally appeared ANNE A. HUBBARD, persolmlly k-nowu to me or provided to me ou the basis of satisfactory evidence to be the individual whose name is subscribed to the wifl~in instnnnent mad acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or lhe person upon behalf of which the individual acted, excculed the instrmnent. MAaGAR ET JA~ICEI( . "~'~ Notary Public Sta!e of New York No. 41 - 5,'30942.1 Notary Public,) ~ Oua~i~ed in OuO. ens Court Cornrtl~$smn Exp~e5 March I STATE OF .brEW YOI~K COUNTY OF SUFFOLK )SS: On the 20th day of Dcccmber, 2000, before mc personally appeared JEAN W. COCHRAN, personally known to me or provided Io mc on the basis of salisfactory evidence to be the individual whose name is subscribed to the within instrtuncnt and ac~aowledged to me lhat she execnted the same in her capacity, and that by her signature on the instnuncm, the individual, or the municipal corporation upon behalf of which thc individual acted, executed the instrument. Notary Public MELANIE OOROSKI NOT~" PU BUC, Sta~e o~ Now Ym~ No. 0~!004694870 ~ln Suffolk County on ~i~ ,~ ~ R E C O R D E D C O R R E C T I O N E A S E M E N T Town of Southold ~ Letter Board Meeting of October 3, 2006 RESOLUTION 2006-785 ADOPTED Item# 15 DOC ID: 2192 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-785 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 3, 2006: RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to have recorded with the Suffolk County Clerk a Correction Deed of Development Rights between Anne A. Hubbard and the Town of Southold on property known as SCTM #1000-59-4-9.1 located on CR 48 and Hortons Lane in the hamlet of Southold, to reflect the correct legal description of the property and further authorizes and directs SuPervisor Scott A. Russell to execute this Correction Deed of Development Rights and any and all conveyance documents pertaining thereto, subject to the approval of thc Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Russell, Krupski .Ir. ABSENT: William P. Edwards Generated October 6, 2006 Page 22 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: CORRECTION/DEED/DCO Number of Pa~es: 7 Receipt Nun~ber : 06-0097787 TRANSFER TAX NUMBER: 06-08358 District: 1000 eed Amount: Recorded: At: LIBER: PAGE: Section: Block: 059.00 04.00 EXAMINED AND CPIARGED AS FOLLOWS $0.00 10/06/2006 09:16:20 AM D00012472 831 Lot: 009.001 Received the Followin~ Fees For Above Instrument Exempt Page/Filing $21.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $5.00 NO RPT SCTM $0.00 NO Transfer tax Cornm. Pres $0.00 NO TRANSFER TAX NIIMBER: 06-08358 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $15.00 $75.00 $O.50 $30.00 $0.00 $166.50 Exempt NO NO NO NO NO NO Judith A. Pascale County Clerk, Suffolk County Number of pages TORRENS Serial # CertifiCate # Prior Cfi. # 31 Deed. Mortgage Instrament Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (State) R.P. TS.A. Comm. of Ed Affidavit Certified Copy Reg. Copy Other 1000 4 I Distrlct Real Property Tax Service Agency Verification Deed / Mortgage Tax Stamp Recording / Filing Stamps FEES ~ ~' Sub Total 5. 00 Sub Total I ~ ~ Grand Total I059-00 I 04-00 lO09.00i Secdon Block Lot 06054707 lOOO o59oo o4oo Safisfacfion/Disch~ges~ele~e List Prope~y Owners Malling Address RECORD & RETUPdN TO: PATRICIA A. FINNEGAN, ESQ., TOWN ATTORNEY TOWN OF SOUTH©LD P.O. Box 1179 Southold, NY 11971-0959 T tle # Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT MTG TAX Dual Town Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this motgage is or will be improved by a one or two family dwelling only YES -- or NO If NO, see appropriate tax clause on page 4~ of this ins ment. -- Community Preservation Fund Consideration Amount CPF Tax Due ~ $ , _ Improved __ Vacant Land TD TD TD Title Company Information N/A Suffolk County Recording & Endorsement Page Tkis page forms part of the attached CORRECTION DEED OF DEVELOPMENT RIGHTS madeby: (SPECIFY TYPE OF INSTRUI~fENT) Tb~ premlsis herein is situated in ANNE A. HUBBARD SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD TOWN OF BO[ITNOLD In the VILLAGE or HAMLET of SOUTHOLD BOXES 6 THROUGH 8 MIJST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR ~LING. / CORRECTION DEED OF DEVELOPMENT RIGHTS This document shall serve to correct the Deed of Development Rights recorded on December 28, 2000, in Liber D00012093 at Page 057 as it pertains to Suffolk County Tax Map Number District 1000, Section 059.00, Block 04.00, Lot 009.001. The required correction is as follows: there is an error in the legal description for this parcel. THIS INDENTURE, made this ~day of September, 2006 between Anne A. Hubbard, residing at 9 Legget Road, Bronxville, New York, party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at 53095 Main Road, Town of Southold, County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in 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, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest 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 70 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than as open space or agricultural production, to the property described as follows: ALL that certain plot, piece or parcel of land, situate, lying m~d being at Southold, Town of Southold, County of Suffolk, and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly line of Middle Road (C.R. 48) at the intersection formed by the southerly line of Middle Road (C.R. 48) with the westerly line of land now or formerly of Thomas Hubbard, said point and place of beginning north 79 degrees 37 minutes 00 seconds West, a distance of 34.65 feet to the southerly line of Middle Road (C.R. 48); THENCE south 54 degrees 25 minutes 40 seconds West, a distance of 418.48 feet from a point on the westerly line of Hortons Lane; RUNNING THENCE from said point or place of beginning in a southerly direction along lands now or formerly of Thomas Hubbard south 35 degrees 34 minutes 20 seconds East, a distance of 300.00 feet to a point and lands now or formerly of Francis Conway and the Town of Southold; THENCE along lands now or formerly of Francis Conway and Town of Southold south 54 degrees 25 minutes 40 seconds West, a distance of 200.00 feet to a point and other lands now or formerly of Thomas Hubbard; THENCE north 35 degrees 34 minutes 20 seconds West, a distance of 300.55 feet to a point on a non-tangent curve to the left having a radius of 8872.00 feet; THENCE along said curve to the left having a radius of 8872.00 feet, a distance of 98.94 feet to a point; THENCE north 54 degrees 25 minutes 40 seconds East still along the southerly line of Middle Road (C.R. 48), a distance of 101.06 feet to the POiNT OR PLACE OF B EGlVNN1NG. TOGETHER 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 abutting the above described premises to the center lines thereof. TOGETHER ~vith the appurtenances and all the 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; 2 AND the party of the first part covenants that the party of 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, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of open space or agricultural production. AND the party of the first part, as a covenant rmming with 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 part, that the parcels of real property described herein are open lands actually used in open space or bona fide agricultural production as defined in GML Section 247 and shall remain open lands actually used in open space or bona fide agricultural production. This covenant shall run with the land in perpetuity. 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 first part and the party of the second part do hereby covenant 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 covenants and agrees that the underlying' fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265,276 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in 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 contained herein shall prohibit the sale of the underlying fee or any portion thereof. THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. THE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all of the Envirotunental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. THE party of the first part, her heirs, legal representatives, successors and assigns of the party of the first part covenants 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 otl~er costs and expenses ~vhich may arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any covenants required by this agreement to be 4 ~the party of the first part, either prior to or subsequent to the closing of title any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the 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 run with the land in perpetuity. AS set forth in Chapter 17 and Chapter 70 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of these Chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public heating and upon the approval of the electors of the Town voting on a proposition submitted at a special or biemfial town election. No subsequent amendment of the provisions of these Chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run 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 enforce the covenants and restrictions contained herein. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. ~ Seller: ~'/~,O.~ ~ Anne A. Hubbard Purchaser: Town of Sout Scottt/A. P,u~sell~ Supervisor STATE OF NEW YORK ) COUNTY OF On the '2~ day of _d~>~5~q~...C~, 2006, before me personally appeared ~E A. H~B~, personallyX~own to me or provided to me on the basis of satisfactory evidence to be the individual whose n~e is subscribed to the wi~in instrument and ac~owledged to me that he executed the s~e in his capacity, ~d that by his si~ature on the inst~ment, the individual, or the person upon~ehalf of which the individual acted, executed the document. ~ /I Nota~ Public State of New York No, 01 ~C0069408 Notary ~ic Qualified in New York Coun~ Commf~ion Expires Februa~ 4,20~ STATE OF NEW YORK ) ) SS,: COUNTY OF SUFFOLK ) On the ~ day of O,o4%~e.&.) ,2006, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided 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 executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the document. Notary P6bl}c g - LINDA j COOPER NOTARy PUBLIC, Stat ~NO. 01C048225F;~ ~ e. of New Yor .,,~.er o ~, 20.<~- 6 WITNESS WHEREOF, the party of the first part has duly executed this ay and year first written above. Seller: Anne A. Hubbard Purchaser: Town of Souz~' Scott ~. Ru~sell~ SuperVisor STATE OF NEW YORK ) COUNTY OF ~ Ctk k[t3(~- Iss': On the '~hay of ~l~,a ~, 2006, before me personally appeared ANNE A. HUBBARD, person'allyXknown to me or provided 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 executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon,~ehalf of which the individual acted, executed the document. /I /] ¢~otary Public, State of New Yo~'k NO, 01 MC6069408 Notary l~'ub~lic Qualified in New York County Comm/~Sion Expires February 4, STATE OF NEW YORK ) COUNTY OF SUFFOLK ) COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby cei~ify that I have compared the annexed with the original ..(,-~C£¢c~100....~'g~J~- ........ [~2CORDED in the office on .[(q:.io.:.P~ ...... under LIBEl>. Dc:r-.~.l~(~, ......... PAGE ..~! ..... and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Cou X o~ th s..(~' ...... day of.. ~-T.L[zoiae/~' ........... ,20.Q~.. P R O P E R T Y R E C O R D S COUNTY OF SUFFOLK SOUTHOLD ~Red ~rty iox Service Age~y ~ ~ ., ~., ~ ~,,*,* ,,~,, ~,, . ~.t * }* 059 ,~ ~ - ~ ~ .--. ~ooo L__ Fie View Toolbar Help 59.-4-51J 473889 Seuthold .6.ctiYe R/S:1 School: $outhold School Peconic Land Trust Roll Year: 2121212~09 [:ur[ Y~ Land lights Land AV: 200 435G0 CR 48 LandSize: 1.38 acres To~aIAV: 200 Ownel Total: I Taxable Value Miscellaneou~ Name: Peconic Land Trust Count~: 0 Book: 12522 Addl Add~: ~4uni: 0 Page: 313 See School: 0 , M ortg: PO Box 1776 Village: 0 Bank: Cit~: Southampton. NY , Zip: 11969- . Sd~l after ~ar: 0 Acc~ No: 08 Sale Total: 3 Site I of 1 Land 0 of 0 · ~ook Page SaleDa~e SalePrice O,zmef Prpcls: Land ! 2522 313 06127107 1 Peconic Land T~ Nbhd Cd: 0 12472 831 12128/00 1 Town of Sou[ho1 Sewe~ 1205G Gg9 0G/23/00 175 000 H ubba~d. Anne E~emplion ToIa~ 1 Term 0~,n Building Total: O Code Amount Yea Pc 41130 AGR~INDAPP 200 0 0 FO028 SoulhjdFOL i60 .007 ' ~ ,00- ~ PK070 S~lhold Pa[~ ~00 .00 v · Double click to open a vtlnaov~ I IIIIIIIIIIIIII11111 111111111111111111111111111111111 SUFFOL~ COUlee' ~rffr.~RIr, RECORDS OFF'r CE RECORDZNG L=AGE ~ o£ 7.nst,--tment: D~,D3/DDD ~.pt N,,,~t~-,= : 0']-0086216 TItANS~s~ T~ 1T~t4B~: 07-04791 1000 Doed R~cozded: PAGE: 8~c'r~on: BI. oak: 059.00 04.00 $0.00 09/13/200'] 04:36:51 LuM Ro~eived ~he Fallowing Fees Fo~ Abovo Zns~z%mont TAX HF~IBER: 07-04']91 THTS E*A~E ~S A ~A~ OF TH~ :I:H.S~RI]~EI~T THZS TS lqO~ A BZT.T-~ ,Tudi 'ch A. County Cl~=k, Suf£ol.k Coun~ D00012522 313 009.001 F, xmapt $5.00 HO $15.00 LqO $']5.00 HO $5.00 Ho $0.00 1;o $0.00 HO $157.00 '1 Handling' 5. TP.$84 Notation F-A-52 17 (County) EA-$217 (State) R.P."E S.A. Comm. of Ed. ~. O0 NYS Su~hn~e 15. 00 ~ I Mort~t~u Tax St,,,,,.,, lt.c~m~-~ 07027800 ~o~o o~oo '0400 'oo~o~ "' T~$c~icc Verification 296 Hampton Road PO Box 1776 Southampton, NY 11969 I i.1,~~ Title Company Information ~ [ $ll:[~O~r. Cotlnty Re¢otdJxl~ & ~,;(]ot~ement Pal~e Thlspageforn~pa~ofth~nttacl~.d n=~-?~. =.,~ ~.~., ~..a madeby:. ($PF, CIFY ~ OF INSTRUMENT} SUI~OLK COUNTY, NEW YORK. BOXES 6 THRU $ MUST BE TYPED OR PRIIvt'~.D IN BLACK INK ONLY PRIOR 'fO RI~ORDINO OR I~ING. (owr) Anne A. Hubherd~ 9 ~ Road, Brone~ NY 1070~ Peconlc J.~nd Trust, Incorporated, 296 Hampton Rood~ Soutblmlpton NY ! 19~8 described on S~hedule A I~tched beFeto nd Inlde e plrt hereof: BEING AND INTENDED TO BE the nme premlsus conveyed to the porl~, of the first pitt b~ deed d~ed Juae ~, 2O50 re~orded July 18, 2000 ia Uher 12O56 cp 629 FIDEL'ITY NATIONAL TITLE INSUI~NCE COMPANY AI.J. nmi ~ill plot, pig~ ~ parcel of Ira&el, slt u,,du, I~ mid being al Soullndd, in the 'l'owt~ of Soulilold, CourtLy of Suffolk a,id Slme of Nmv York, bounded and descr~ bed u £ollows: fl 'EGINNING at ii pol.t mt lira SOUlhedy s~de of Middle Road (C,R. 27) disia,t 41g.411 feet we~ledy ;'rout lite n~tuumul. set al Ibc nonl~rly end ol'n line connecting dm soutll~ly side of Middle Ruud wifl~ II~e we~erly side of Ilom~fs Lane;, RUNNING TI IE?CE along Iw~d iww or fon~erly of Pndco Realty Coqt. Sm~lh 35 degrees 34 minul~.'s 20 seconds 300.00 feet; 'FI-[ .~C~, ~oulh .~4 detp-ee s 25 tllinules 40 s~zconds V/~1200.00'1'e c'l Io [~,nd Imw or formerly ol'Co,wny TI*IENCE nlong Innd now or I'om~erly ol'T. S. Gray Norlh 35 dcgrc~ 34 minutes 20 seconds Wes~ 300.55 feet to the somberly side ofM~ddle l{oad~ . , T~4 '~.NCE ~e followhtg I~vo courics and dls~tce,q along, Ihe sautboriy side o1' Middle Ruud: I. r'~slerly alou6 lite nr~ ufa curve bearing lc, the lo0 lmv|ng n radius of 8872.00 feel mtd lungd~ of 9g.94 fcet; 2. Ncwdt ,~4.deip~es 25 minutes 40 .seconds I :..e.~l ~1.06 fe~t to file poi.t or p~a¢c,of BEGINNING, Anne A. Hubbard · Peconlc Land Trmt, Incorporated Co~P~ Ot~ NEW YORK PO Box 1776 ~)uthampton ~ 119~9 A E R I A L S S U R. V E Y o~ ,~n~e~ ~u~w;~.~..~ ~p. ~ SUCH NOTE, LOT NUMBERS ARE REFERENCED TO ' MINOR SUBDIVIS,'ON MADE FOR PUDGE - CORP. ' FILED IN OFFICE OF THE ~O~D TOWN CLERK ON JULY 19~ CERTIFIED TO' TOWN OF' $OUTNOLD ~, o 6 ~,°~ (~ ~. ~ ~ SURVEYA T SOUTHoLDOF PROPERTY '? _,,e~'~'O°~d~'v°~',,- TOWN OF SOUTHOLD . SUFFOLK COUN~ N ~ '~O~o__~i~~ e~?° ~0~~10,¢~ Of~ 1000-50-04-08'& ~00SCALE. ~[~'c~Or~,?lslons) - "- K~ 01 "' - [6 09 % ,. FIN SURVEY LIC. NO. ~961~ TOTAL AREA = 248,610sq ft (631) 765 - 1797 or ~730 acres SOU 11971 O0 - 315