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HomeMy WebLinkAboutHubbard, Thomas J (2) 1000-59-4-8.1 (f/k/a 1000-59-4-8) Baseline Documentation Premises: 43360 County Road 48 Southold, New York 1.506 total acres Development Rights Easement THOMAS J. HUBBARD to TOWN OF SOUTHOLD Easement dated December 21, 2000 Recorded December 28, 2000 Suffolk County Clerk - Liber D00012093, Page 056 SCTM #: Premises: Hamlet: Purchase Price: Total Parcel Acreage: Development Rights: CPF Project Plan: Zoned: Existing Improvements: 1000-59-4-8.1 (f/k/a 1000-59-4-8) 43360 County Road 48 Southold $-0- (Gift) 1.506 acres (65,620 sq ft) 1.506 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 DECKERHUBBRRD@WELDEN ID:212-649-5998 DEC 11'00 16:52 No.O02 P.Ot ' ' De.tuber 1 I, 2000 ~ }~,~'*~',~4' ~. ~.' .... ... . .I .... ~_:~,~ba:~ ?....;. , , . I:..., . ;~c,.'~.;,?L ~.: ~:' ...:: L ~' ;:. · ',- ': · " outhold -. Gift of l)~velopment ~/~ i ~e these ~ffiler suggcsmms lot thc form of deeds: r~ ~.,~:b' ~* ~' ff:!'i. ,. -~ - ]i~';~i oomplet~ly thc. ponultimat¢ paragraph dealing'with'the rovortor; I now ~ink il doesn*t add nmch m~d might cloud th~ issu~ ~i~'~t ~ thc th~ pm~ics on ~ch ~e~ ~e sl.rucmr~s, don~t y~u'~ ~fe~n~ should be made 1o ~is f~t in ~o ~s? ' Refo~ing m ro~l of Nelson, Pope & Voo~is, ~e s~uCtu~s o~ ~e '~-~l~'Middlo R~d Pro~y aud ~c Youngs Av¢n0e Pm~ny ~e in ' ~ p~s of being removM. 'l~e hous~ on the lto~n ~e Property is a ~mplicat~ sto~ which we should diacuss. II'alii seridmg llus by I~AX. I will be in and out tomorrow but do try '~'~'~'""'~'""~'"~"~:"'~ '~ ........... tO're,~h' ~1¢ - after 3 p.m. would bc best. ThOmas Phase I: ~ Environmental Site Assess-ment 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 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, 1000-059-04-8 & 9, 1000-63-01-t.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 Middl9 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 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 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 i 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 -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. 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 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 property. 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 io 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 Property should be removed and properly disposed of. Page 2 of 28 Hubbard Properties, Southold Phase I ESA FIGURE LOCATION MAP -72za'5~;. n~ os'nv I Source: Precision Mapping 1995-1996 Page 8 of 28 i l, i i i i i Ii :. Hub~n:l ~ ~, Sou~ld FIGURE 3 GROUNDWATER CONTOUR MAP Page 19 of 28 OVERVIEW MAP - 0566351.1 r - Nelson, Pope & Voorhis LLC Target Property Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property Coal Gasification Sites {it requested) National Priority List Sites Landfill Sites .,?~:' Power transmission lines ~/ Oil & Gas pipelines ] 100-ye~zr tiood zone ] 500-year flood zone [] Wetlands per National Wetlands Inventory TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: !.AT/LONG: Southo]d Properties North Road Southold 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 Target Property · - Sites At elevations higher than or equal to the target property · , Sites at elevations lower than the target property ~- Coal Gasification Sites(if requested) Sensitive Receptors ] N alional Priority List Sites ] L~ndfill Sites ~:? Oil & Gas pipelines ] 10fl-year flood ~one ] 5O0-year llood zone [] Wetl;znds per National TARGET PROP ERTY: ADDRESS: CITY/STATE/ZIP: LAT/LONG: Southold Properties North Road Southold 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 PHYSICAL SETTING SOURCE MAP - 0566351.1 r Major Roads . Water Wells Public Water Supply Wells Groundwater Flow Direction Indeterminate Groundwater at Row Location Groundwater Flow Varies at Location Cluster of Multiple Icons Earthquake epicenter, Richter 5 or greater Closest Hy~rogeological Data TARGET PROPERTY: Southold Properties ADDRESS: North Road CITY/STATE/ZIP: Southoid NY 11971 LAT/LON G: 41.0603 / 72.4522 CUSTOMER: CONTACT: iNQUIRY#: DATE: Nelson, Pope & Voorhis LLC Steven J. McGinn 0566351.1r 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 REGISTP~MR 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 ADOPTED AT A REGULAR MEETING OF HELD ON OCTOBER 10, 2000: FOLLOWING RESOLUTION WAS THE SOUTHOLD TOWN BOARD 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 hearing on the question of the gift of development fights 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: 059-04-008 059-04-009 063-01-001.006 Thomas Hubbard Anne Hubbard Thomas Hubbard 1.39 acres, 1.38 acres and 2.96 acres. The three (3') parcels total approximately 5.73 acres. The total pr/ce would be costs associated with transfer of title of land to be gifted. Eliza'beth 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, 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 hearing on the 24th of October 2000, at 5:09 p.m., on the question of the gift of developmant rights on certain parcels of -. proper~y from Thomas Hubbard and Anne Hubbard to the Town of Southold on the following dcsaribcd property: The properties arc located on the Southwest comer of C.R. 48 and Herren 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 txansfer of title of land to be gifted. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in 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 TOV~N CLERK PLEASE PUBLISH ON OCTOBER 19, 2080, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATIONq'O ELIZABETH NEVILLE, TOWN CLERK, 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 ACQUISITION 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 hearing 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 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 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." 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 Horton's 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 fights 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 yista 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 REGISTKAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOI{MATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 766-1800 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 fxom 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 enviromnent and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. · Neville Southold Town Clerk October 24, 2000 PROJECT I.D. NUMeER I 617.20 i Appendix C Stats Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) .~1. APPLICANT/SPON / . 2. PROJECT HAME 3. PROJECT LOCATION: County , 4. PRECISE LOCA~QN (Street address ~d ~ad Inle~tlons, prominent landmarks, ~tc~ or provide SEQR s. O~SOEIEE P.OJECT ~R~L~: . ~ __ ~ f ~ ~escrlb~ 10. OOES A~ON INVOLVE A P~MIT APPROVA~ OR ~NOIN~ NOW OR ULTIMAFELY FROM ANY OTH~ GOVERNMENTAL AGENCY (FEDE~ STATE OR LOCAI.)?.~ ~1 11. DOeS ANY ASPECT OF THE ACTION HAVE A CURREHTLY VAUD PERMIT OR APPROVAl.? I Cc~=mFY THAT THE INFORMATION PROV1OED ABOVE IS TRUE TO THE SF. ST OF MY KNOWL~GE AS A REEULT OF P OPOSED ACTION WILL -~JSTiNG PERMIT/APPROVAL REQUIRE MOOIF;CATIQN? 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 1 PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agerlcy) c. COULO ACTION RESULT IN ANY AOVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; (Answn~s ,nay be handwritten, il legible) ' o. W~LL THE PROJE~ HAVE AN IMPACT ON THE c, NVIRONM'=NTAL CHARACTERiSTICS-THAT CAUS3~3 THE ESTA~SHMENT OF A C~? PART III--OETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: Far each adverse effect 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); (bi probability o~ occurring; (cJ duration; (ali irreversibillty: (e) geogn~phic scope; and (f} magnitude. If necessary, ~.dd attac,~ments or refele~ce supporting materials. Ensure that explanations contain aufflc!ent detail lo show (hat all relevant advqrse impaots have be~n ide;~tified and adequately addressed. If question O of Part II was checke~J '/es, the determination and significance must evaluate tt~c potential im0act of the proposed action on the environmental characteristics of the CF_.~. [] 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 FAF ~nd/or prepare a positive declaration. beck h s box f you have determ ned, based on the information and analysis above and any supporting cumentatien, that 'he proposed action WILL NOT result in any signiiicant ;~dverse environmental 'impacts D provide~.~C:,~_on attachments as necessa~e[O~ ~O~T~~eas°ns suppling this determination: 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 REGISTP~MR 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 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 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 S CTM # 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 N lson,'Pope & voort is, /..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 Southhold NY 11971-0959 Attention: Greg Yakaboski Invoice Property: 00400 Project: Hubbard Propery Manager McGirm, Steven VA419 Invoice #: 336 Invoice Date: February 28, 2001 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS InvoiCe Amount $1,500. 00 Professional Services for the Period: 11/1/00 to 2/28/01 Prepare Phase 1 Environmental Site Assessment SpecifiedFee: $1,500.00 Town of Southold, New York -Standard Voucher PAY TO: Pay¢c Tax Identification NumbEr ,avoice Number Jg¢ ~nvoi~ Dat~ 212OJO/ Vendor ~nmct Purch~eOrderNumher 0793~ P.o. Date 3/21/01 ~hDgcoum ~ Days Item Unit Number Description of Materials / Services Quantity Price Amount ffu ard Propd . Gift of Developmen~Rights SCTM g1000-74-2-15; 59-10-2; 59-4-8; 55-1-11.2; 55-1-11.3; 55-1-11.4 :' Payee Certification undersigned (C aimallfFlAc ng og~heha f of he above named olaiman ) does hereby cert fy ha the forego ng c aim s true and coffee d~ an/owing. ':' ,$ignature~..~/,.~.~'~tg"~t,- Title /~/~7'//"~g~ Dated Z/t/a/ _/ / / · Department Certification I hereby certify that the mate~4s~above specified have been received by me in good condition without substitution, the services properly ~ .performed and that the ~her~ f hav~.~e heen verified with the exceptions or discwpancies noted, and payment is approved Signature /)~--"~"'~ ~'~-- ~ Title Town Attorney Dated~/ JJ /01 PECONIC SURVEYORS, P.C. P.O. BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 (631) 765-5020° F~x (631) 765-1797 NOVEMBER I, 2000 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 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Nuznber of Pages: 11 TRANSFER TAX NUMBER: 00-20421 District: Section: 1000 059.00 Deed Amount: Recorded: 12/28/2000 Att 11:41~26 AM LIBER: D00012093 PAGE: 056 Block: Lot: 04.00 008.001 EXAMINED A~D CHARGED AS FOLLOWS $0.00 Received the Following Fees For Page/Filing $33.00 COE $5.0O EA-STATE $25.00 Cert. Copies $0.00 SCTM $0.00 Commn. Pree $0.00 TRANSFER TAX b'UMBER: 00-20421 THIS PAGE IS Above Instrument Exempt NO Handling NO EA-CTY NO TP-584 NO RPT NO Transfer tax NO Fees Paid A PART OF THE INSTRUMENT $5.00 $5.00 $5.00 $39.oo $o.00 $117.00 Exea~t NO NO NO NO NO Edward P.Romaine County Clerk, Suffolk County Number of pages TORRKNS · 1~,-52 17 (County) EA-5217 (Stntd) Real Property Tax Service Agency Verification Dist. Section B leek Lot /~o~ RECO~ED DT~ 00-2042 t Record{n8 / Filing Stamps Suffolk Mo,~ag¢ Amt. 1. Basic Tax 2. Additional Tax Sub Total SpecYA~sit. Or S~c. 1Add. TOT. MTG. TAX Dual Town Dtml County- Held for Apportionment __ Transfer Tax h'~nsion Tax The property covered by this mortgage is or will bc improved by a one or two family dwelling only. YES or NO Community Preservation Fund CPF Tax Due g TD TD rD Title Company Information Co. Name ~/_~--F~ ~--~ Title # ;& 1'0 made by: la the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRIlqI~D IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. {OVER) DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this "~L.~;i~ day of December, 2000 BETWEEN Thomas J. Hubbard. residing at 9 Legget Road, Bror,.wille, N.Y., pa.~y of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having, its office and principal place of'business at Main ]toad, Town o£Southold, Cotmty of Suffolk and State ol~New York. part),- of the second part; W[TNESSETI-I, Ihat the party of the first part. in the consideration of One Dollar and other good and valuable consideratiun 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 perraanent legal interest and fight, 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 defiaed in Chapter 25 of the Town Code of the Town of Southold. and the right to prohibit or restrict the use of the premises and any structures thereou for any purpose othcr than as open space or agricultural production, to the property described as fol/ows: ALI. that ccrtain 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 fo//ows: pARCI~I. ZZZ: 1000 - QSg,00 - 04.00 - 008,O0~, ALL. that car~In plot, place or ~rcei of'lancl, rJI;,fat~ lying ~d being in the Town of Sou~told, Suffolk and S'cate of' N~* Yerk~ mor~ parUcul~'fy bourtded illld .d .~bed as Tollows: BEGTNNZNG at a rnot~umettt eft the southeast~-~y olde of N(~fe P~ad (C.R. 48} distant southv,~rly f~at ~rom the we.%'tedy aide of n tie fine whl~ connects ~he southwesterly side of-H(2rl:ofl's Lane and the ;outheasterh/stdQ of Niddlo RDad (C.A. RUNNZNG THENCE along said southea~eHy olde of Hlddla Md (C,R. 48) ~ha following two (2) coupes and 1. Nort~ 55 degme~ ~-1 m)nut~ ~O r,e~ds Ea~ 13S.83 feat; Z, nor~astcdy along an arc of a curve b~aring to ~ha left having a r~dlus of' 887~,00 f~et, a 97.65 fe~t; THENCE South 35 degreo~ 34- minutes 20 seconds Eeo'c, 300.00 ~ to land of George T. Conway; THENCE $out'n Se, degrees 2~ minutes 40 secondS West along salcl land now or formerly ot' George T. Cenway, 200.00 ~ee~, ' · .'~CE l~rtfl 4~2 tt~gm, es ,8 mle~ 40 ~s West sUII along rald land n~w or formeffy ef G~rge T. Cor~'ay~ 307.00 ~a~ to ~a sou~ alcle el' Hlddla Rea4 (C.I~ 48) and t~ I~I~Y; ~r pla,'- of BEGZNNING, The above described premlr, oe being also known as lot No:: i. as shown ets a earCaln minor =UbdMstan.maP. · made for Pudge Corp, and filed in the Off/ce of ~a Southold T~:wn C~ark on 3uly t9, 1982, · p~.CEL. ZV. '~OOO - OS3.OG - O/,,,OO - P~ut Q~ BEGZNN~G a~ ~e w~ end of a line Wring ~ 79 d~r~ 37 mln~ ~ a~.~ a len~ of Ho~n ~ne (Ho~n~ ~); R/JNN~G THENCE along said lest mentioned stzalght fine, SoUth 79 degrees 37 mtnute Eaut, 34.78 fee~ t~ t~e easten~ end of said slzalght ane; THENCE ~ 23 degre~ O0 mlnut~.s O0 seconds ~ along file southwesbedy Side of Hortofi* Lane (Hor'cOn's Lane) 28~.84 feet t= land now or formerly of Oeorge T. Conway; THENCE South 54 degrees 2F, minutes 40 ~c~ds West along said last mentioned la,df 181.29 fset.~ THENCE North 35 degrees 34 minute~ 20 seconds West, 300.00 feet to the $outhe. asten'y side of Nlddle Road THENCE North 54 degrees 25 minutes 40 seconds East along the southeasterly side ~f Middle P, oa4 (C.P.. 21~.48 feel: to the point Qr pla~e of BEGZNNZNG. PARCEL V~ :LOO0 - 0S$,00 - 0100 - O:LI,.O0't Suffalk -,nd ~ or t~ yorK, Know~ n.u ,~,.,,,~,.~,., D. DarL" and fllec~ In 'die O~ce of~e Clerk'ot't~e Cc~nLv ~ Sut~k on Kay 2.2, 3.987 a~ Map No. 8309, said Ices wh=n taka~ ~ogather are bounded and desc:flt3~d, as follows; 8~GzNI~I;G at a pol~ on 'che nofl~wastafly side or ~lcldl~ Road (C,R. 48) where ~me Is. lnteTs~c~d by U3e division Jlne ba'cwaan L.c~s 1. and 2 on said map; RUNNZNG THENCB Sou'dfl 67 dogmas 06 minutes 40 seconds West along r. uid northwesterly slde of Middle Road (C.R. 48), '~ "~4;22-feet~ ....... THENCE North 09 degl~es 37 minUteS 50 second~ West 42.56 fee~: THEFIC;E Norbh 10 degrees 2~ minute 50 seoand? Wes~ 2~4..35 feet~ THENCE North'77 degtee~ 15 minutes 2O seconds Eas~ 150,L3 feet eo the diVision line first above mentioned; THENCE along said division line, Souttl M) degreea 23. minUteS 50 ~econ~s East 7.69.70 feet to t~e northweSt:oily side of Mldclle Road (C. IL 48) and ~a point or place of BEGgiNG. PARCEl. V: 1000 - 01~S.00 - 01.00 - 012..003 ALL. t'nM: ca~aln plo~ pie,:a, or parcel of land, sitoat~ lying and being In tho Town of' ~uthold, CounLy of: Suf~otk Snd ~ ~ New York, I~n ~nd deslgna~l as Lo~ No. 3 ~n a cerllln map antl~ad, "~ap or Edward D. Oat~' and f~ied In the CX~:a o~the C:rar~ ol' b*M CoUfl~.of'Suf~)k off Iqo¥ ZZ, 3.987 a~ ~ep No. 8309, said lots when token ~gethor ar~ bounded and de. scflbe~ as ,~ll~w: 8..~(~N. N~G pt~e pol~: off ~e norff~westarfy side ~ Midd~ ~ (C,R. 48) where same Is. lr~ers~'?~_ d I~,~o dh4s~on line be~vean Lo~s 3 and ¢ o~ sam map; RUNNZNG'THENCE Sou~t 67 degraas 06 minute;.40 seconds Wast elenO said northwardly slde of ~llddJe Road (C.P,. 48), ~,53;:66-,~-=t: to Ule dlv~on line ba~w~n Lots 2 and 3 on said map; THENCE elon9 said divl;Ion Ilne~. North 10 degre=s 21 mlnuto $0 ;e~:ond; West,, 2AZ.~I fea~ 'TI"IE~CE Nor~ 77 d~gr~es 15 minutes 20 seconds East~ 150,13 ~eet to the cliv~en ~[ne ~r~ alcove menUoned; THE~ICE along ;eld cliv~lon fine, South 3.0 degrees 23. minu~e~ ~0 r~econds Ea~c 2~.g.53 f.eet to the no~dlweeterly side of Mfdclle R~ad (C.R, 48) and the paint or pla~e of' BEGZNN]~NG. TOGETHER with the non-e×clusive righl, if any, of the party ofti~e first part as [o the use for ingress and egress ofai0y streets and roads abutting the above described premises to the center lines thereof. TOGETIU~R with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insolkr as the rights granted hereunder axe concerned. TO HAVE AND 3-0 I-IOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the first part has not done or suffered anYthing whereby tho said premises have been encumbered in any way whatever, except as albresaid. The party of the tit'st part, as a ex)venant rurtning with the land in perpetuity, further covenants and agrees ibr the party of tho first part, and the heirs, legal representatives, successors and assigns of the party of tho first part, to use the premises on and alter the date of tiffs instrument solely tbr the purpose of open space or agrictflt ural produclinn. AND Thc par/y of the first part, as a covenant running with the land irt perpetuity. thrther covenants and agreas for the party of tho first part, and the heirs, legal representatives, successors and assigns of the party o£the first part, that the parcels of real prol:m'ty described hore{n are open lands actually used in open space or bona tide agricultural production as defined in OML section 247 and shall remain open lands actually used in open space or bona fide agriealt~r, al production. This covenant shall ran with the land in perpetuity. 3 AND Ihe part), 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 convenant and atTe, e 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 tbr 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 ora subdivision map pursuant to Sections 265, 276 and 277 of the Town Law and Sectioo 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 fl~ereofto 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 nm with the land in perpetuity. Notl~tg contained herein shall prohibit the sale of the underlying t~.e or any portion thereof. THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture ~ requires. THE party of the first part, thc heirs, legal represenlatives, successors and assigns of the party ol'lhe first part covenants and agrees that it will (~) not generate, store or dispose of hazardous substances on the premises, 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 the premises for purposes ofaseertalning site conditions and for 4 inspection of the premises Ibr compliance with th[q agreement. This covenant shall run x~,ith the land in perpetuity. THE party of the first part, his heirs, legal representatives, successors and assigns o£the party of thc first part covenants and agrees that he shall indenmify 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 misrepm'sentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any convcnants required by this agreement to be performed by the party of the first part, either prior to or subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relier', remedial action, or other remedy by reason ora violation or non-compiianee with any environmental law; or the disposal, discharge or release of solid wastes, pollutallts or hazardotks 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 thc deed of Development Rights. This covenant shall run with the land in perpetuity. AS ~t tbrth in Chapter 6 and Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of those Chapters shall not thereafter be alienated, except upon the affirmative vote of a 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 o£thes~ Chapters shall alter the limitations imposed upon the alienation of development fights acquired by the Town prior to any such amendment. This covenant shall nm with the land ia perpetuity. It is further agreed between the grantors md the Town of Sonthold that, in addition to the Town of Southold having the right to enforce the covenants and restrictions contained herein the ~antors, his heirs, assigns or legal representatives shall have the right to entbrce the covenants and restrictions contained herein. IN WITNESS WHEREOF, the party of thc first part has duly executed this deed the day and year first written alive. . Seller: *ho J. Uu tta - -- Purchasgr: Town o f Southold By: ~ ~3 ~0~---~ Jea~W. Cochran~ Supervisor STATE OF NEW YORK )SS: COUNTY OFl4~,>~" ~ On the ~ [ day of December, 2000, before me personally appeared THOMAS J. HUBBARD, 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 siguature on the instnm~em, the individtml, or the person upon behalf of which the individual acted, executed the instmmeut. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ')SS: On the 20th day of December, 2000, belom mc personally appeared JEAN W. COCHRAN, personally 'known Io me or pro'~4ded to me on thc basis of salisfactory evidence to be the individual whose name is subscribed to the within iusmunent m~d acknowledged to mc that she executed thc same in her capacity, and that by her signature on the instrument, Ihe individual, or tile municipal corporation upon behalf of which the individual acted, execuled the iustrumcnt. Notary Public J MEL.AHIE OORO~K] NOT~IY pURUC.Sta~ O~ 8o, 01D04~46~'0 ~alB ed In Suffolk Ilounty_ P R O P E R T Y R E C O R D S COUNTY OF SUFFOLK ~ ~ ,,~ SOUTHOLD ~ Real ~ropeHy Ta Service Agency ~ ' P PROPERTY File Viev~ Toolbar Help 59.-4-8 I "4?3089 Southold Active R/S:1 School: SouLhold School Peconic Land T rust Roll Year: ~200~' Curt Yr Land rights Land AU: 200 43360 CR 48 Land Size:1.39 acres ToLalAV: 200 Owner To al: I Taxable Value Miscellaneous Name: Pecan c Land Trust County: 0 Book: 12522 Addl Addr: . Muni: 0 Page: 317 Street' School: 0 Mortg: PO B~x: 1776; ' Bank: City: Soul, hampton. NY Zip 11969- Schl after ~3r: 0 Acct No: 08 Sale Total; 2 Site I of 1 Land 0 o! 0 Book Page Sale Date Sale Price O¥,~ner Prpcls: Land rights 12522 317 06126107 1 Peconic Land Ti N~b~dse~erCd: 0 12057 757 07/05100 175.000 Hubbard. Them,~ .': Utilities: , Exemption Total: 1 -Term: Own Building Total: 0 Code Amouh Year Pct 41730 AGR-INDAPP 20~ 0 0 . Special Dis! ici: Total;,~4 ~' ~ ~alue / ,~ Impra¥~men~ Total: 0 ~de Unl[~ ~ PcL;,Type ~[vlovo Tax T~pe Name . Dim1 D m2 SGiF~ FD028 Southold ED ,00 .00~ ,~, O0 PK070 SouthoId Pad: .00 .0~~ ,.~00 v , Double click to open a windo,,t, I IIIIIilllllll lllllllllllillllllllllllllllllllllllli SU~OLK COUNTY C?.~.RK RECORDS OFFICE RECORDZNG PAGE T~po of Znst.-.tmmnt: D~.vfl~S/DDD l~"'"~Jr o£ Pages: 4 Reooipt'. N,',m~'~r : 07-00862%6 TRANSFER TAX ~: 07-04'795 1000 Recorded: At: 09/Z3/2007 04:36:51 LIBER: PAGE: ~ootion: Block: Lot: 059.00 04.00 ' 008. 001 ~0.00 Re=eived ~he Follow/ng Fees For A~ove Ingt~,~-nt Page/F£1tng $12.00 NO Handling COE 05.00 NO NYS SaCaO EA-CTY $$.00 NO EA-STATE TP-584 $5.00 NO Cert.Cop£es R~T $30.00 HO SCTM Trans£e~ ~ax $0.00 NO ~.Pres Fees Paid 07-04795 THIS PAGE IS A PART OF ~U~ INSTRUMENT THZ$ IS NOT A BILL Jud/tbA. Pucale Count-~ Clerk, Suf£olk County TRANSFRR TAX NT.~,~: D00012522 317 Exempt $5.00 NO $15.00 FO $75.00 NO $5.00 NO $0.00 NO $0.00 HO $157.00 Numbcr of p~as TORRI~S $cdal # l~d / M~age T~x Stump FEE~ K~ ~peny 07027825 zooo osooo 0400 oo"ooz ~dfic~ioa 2007 ~'9 13 04z36=51 ~ J~lth fl. Pa.-.cale ~ OF P 517 Filing Smm~ ~Amt, ,Southampton, NY 11969 7 ] TitleCompanylnfornmtlon s I Suffo~ County Record~g & Endo~ement Page (SPECIFY TYPE OF I~TRUMENT) SUPFOLK COUNT~, NEW YORK. BOXES 6 THRU 8 MUST BB TYPED OR PIUNTED IN BLACK INK ONLY pRIOR TO RF.,CORDXNO OR Ffl. ING. . (ova) Thomas J. Hubbard, 9 f. eggol Road, Bcon,vill~ NY 10708 2007 peconlc 1.4nd Tr~t~ Incorporated, 296 Hampton RoM, Southampton NY 11968 ALL dm ~:fla~ pk~ p.~:g ~x pum:~ ~ ha~. w;m ~ b~iidl~q m~d improvc~ena d~m~ ~ ~?..~'- slm,~e, I:,*~o~ ~ ~ h ~ de~rl~..d on Schedule A almcbed hereto and ramie · pert hereof. BEING AND LNTENDED TO BE the nme premla~ conveyed to t~e part7 of fao tint part by deed doted July ~, 2000 recorded July 24~ 2000 in L~ber J2057 cp 7~7 Fidelity National Title Insurance Company TITLE NO. O~7404..6~'23-SUFF SCHEDULE A-I (Description) AMENDED 6/26/07 .ALL that certain plot, piece or parcel of land, s~,-!e, lying and being at southold, Town of southold, County of Suffolk and State of New york, bounded and described as follows: BEGINNING at a point on the southerly side of Middle Road (C.R. 48) with the westerly line of land now or formerly of Thomas Hubherd, said point and place of beginning North 79 degrees 37 minutes 00 sacunds West a distance of 34.65 feet to the soolherly side of M}ddle Road (C.R. 48,3); 'II-IENCE Sous 54 degrees 25 minutes 40 seconds Wcst a distance of 519.54 feet to a point and a curve to the right having n radius of 8872.00 feet; THENCE along said curve to the right having a radius of 8872.00 feet a distanee of 98.94 feet to the point and place of beginning from a point on the westerly line of Hortons Lane; RUNNING THENCE from said point and place of beginning in a southerly di~ction along lands nme or formerly of Annie Hul~ South 35 degrees 34 minutes 20 seconds East a distance of 300.55 feet to a point and lands now or formerly of Franeis Cnnway and Town of soulhold: THENCE along lands now or formerly of Francis Conway and Town of Southold South 54 degrees 25 minutes 40 seconds West n distance of 200.00 feet to a point; THENCE North 41 de,ecs 48 minutes 40 _*ec_~_nds West a distance of 307.00 feet to a point on the .southerly line of Middle Road (C. IL 48,3); THENCE North $5 degrees 41 minutes 50 seconds East along the southerly line of Middio Road (C.R. 48) a di.stan~ of 135.83 feet to n point and the beginning of a curve to the leR having u radius of 8872,00 feet; THENCE along said curve to the left having a radius of 8872.00 feet a distance of 97.65 feet to the point and place of BEGINNING. Tile POI. ICY TO BE lS~IJED under Ihi~ co~mitmenl will i~ur¢ Ihe title to such building, r and improt~ementz on the premises which by law constitute real FOR CONFI:T~INCIA'G ONL ¥: Togetl~.,r witlt all the riehl, title attd interest of the party of the tint part. o~ itt atwl to tire land In lite street ~ fronl of and odjohdtrg said l~remitez. ~II~DUI.~ ~-I (Dett~tlaql Rev. tO3/0.1} Thomas ~. Hubba~ Tbomu J. Hubbard Peennlc Land Trust, Incorporated Peconic Land Tru~k IncoqMrated PO Box 1776 Southampton NY ! 1969 Att: Stephen SenrJ 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