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Home My WebLink AboutL 13144 P 506 f . I IIIIIII IIII��VIII VIII VIII VIII VIII IIII IIII s I IIIIII 11111111111111 IN SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 02/25/2022 Number of Pages : 10 At: 11 :27 : 11 AM Receipt Number : 22-0032419 TRANSFER TAX NUMBER: 21-25156 LIBER: D00013144 PAGE : 506 District: Section: Block: Lot: 1000 095 . 00 03 . 00 008 . 001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt ,- /,F�.Exempt Page/Filing $50 .00 NO Handling $20 . 00 ' L.=NO COE $5. 00 NO NYS SRCHG $15 . 00- NO TP-584 $5 . 00 NO Notation $0 . 00 NO Cert.Copies $12 .50 NO RPT $200 . 00 `." NO ; Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $307 . 50 TRANSFER TAX NUMBER: 21-25156 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County_ i Number of pages RECORDED 2022 Fzb 25 11:27:11 AFI This document will be public TU6ITH A. PASCALE record.Please remove all CLERK OF Social Security Numbers SUFFOLK CIJUNTY L D00013144 prior to recording. F 506 LyT# 21-25156 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. Handling 20. 00 1.Basic Tax 2. Additional Tax TP-584 Sub Total Notation 5pec./Assit. EA-52 17(County) r SubTotalor Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. Dual Town Dual County Held forAppointment Comm.of Ed. S. 00 Transfer Tax Affidavit Mansion Tax Certified Copy i The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 a�a �� family dwelling only. Sub Total Other YES orNO Grand Total V U If NO, see appropriate tax clause on Page# of this instrument. 4 1 Dist./LUQ S 4771743 1000 09500 0300 008001 5 Community Preservation Fund Real Property ___j Tax Service RPSM[ 4 111111111111111111111111 ConsiderationAmount$` _ Agency 10fEB CPF Tax Due Verification $ Satisfactions/Discharges Releases list Prope Improved 6 R�CORD&J RETURN TOS finers Mailing Address Vacant Land fi� foTD TO Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 www.suffolkcountVny.gov/clerk - Name zy Title# s Suffolk County Recording & Endorsement Page This page forms part of the attached_ 6!/P *)/5 Uqr A_V'-jjfbw5 made by: (SPECIFY TYPE OF INSTRUMENT) e YrallnU / Lie The premises herein is situated in SUFFOLK COUNTY,NEW YORK. G�7C�1► 1 TO In the TOWN of In the VILLAGE / or HAMLET of Cu/ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the ,g0"day of �IC'PIna,ll 2021, by MATTITUCK FARM HOLDINGS, LLC, with an address of 2299 North Sea Road, Southampton, New York 11968, hereinafter referred to as the "DECLARANT". WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 5780 Oregon Road, Cutchogue in the Town of Southold, County of Suffolk, and State of New York designated as SCTM 41000-95.-3-8.1 and shown on a survey prepared September 10, 2021, by John Minto, L.L.S. of JM Land Surveying, a reduced copy of which is attached hereto as Exhibit"A"and made a part hereof,and described in the metes and bounds description attached at Exhibit`B"and made a part hereof(the "Property"); and WHEREAS, the Survey shows a Development Rights Easement Area of 52.53 acres and a Reserved Area (or Development Area) of 2.1 acres, both described in the metes and bounds description attached as Exhibit"C" and "D", respectfully; and WHEREAS, the DECLARANT has granted to the Town of Southold a Grant of Development Rights Easement,the Town Board of the Town of Southold (the "Town Board") has deemed it in the best interests of the Town of Southold(the"Town")and the owner and prospective owners of the Property, that the within covenants and restrictions be imposed on the Property, and as a condition of acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and has determined that this Declaration of Covenants and Restrictions will be in the interests of DECLARANT and subsequent owners of the Property; and NOW THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Property shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: DECLARANT shall not sell, transfer, gift or otherwise relinquish ownership of the Reserved Area unless such is conveyed together with the Development Rights Easement Parcel (Area) into the same Grantee; and will not make an application for or seek any relief from the Town of Southold that would allow subdivision of the Reserved Area from the area subject to the Deed of Development Rights Easement. Notwithstanding, said Development Rights Easement Parcel is subject to the provisions set forth in Section 3.03 of the Grant of Development Rights Easement which reads as follows: 3.03 Subdivision Except as provided in this Section 3.03. the Property may not be further subdivided pursuant to Town Law Section 265, 276 or 277 or 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights area acquired into two or more parcels, in whole or part. Grantor may, subject to approval of the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, or subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon death of Grantor or its Members, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of loin by will or operation of law." The Reserve Area must always be associated with a Development Rights Easement Parcel which contains at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this Declaration; or at the time such laws; ordinances, regulations and/or provisions may hereafter be revised; amended or promulgated. "These covenants and restrictions shall be enforceable by the "Town of Southold; by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce sante shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the"Down of Southold or any officer or employee thereof. If any section, subsection. paragraph, clause, phrase or provision of these covenants and restrictions shall. by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional. the same shall not affect the validity of these covenants as a whole or any other part or provision hereofother than the part so adjudoed to be illega[. Lill lawfll1. Invalid_ or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. ']'his Declaration shall run with the land and shall be bindim, upon DECLARANT. its successors and assions_ and upon all persons or entities Clalnl1110 under thein. and may not be annulled. waived, changed. modified, terminated, revoked or amended by subsequent owners ol' the Property unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has duly executed the foregoing Declaration the day and year first above written. M UCK FARM HOLDINGS, LLC By: Peter Talty, NVce President STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the day of ('P , 2021, before ine, the undersigned, personally appeared Peter Talty, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he 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 instrument, and that such individual made such appearance before the undersigned. No�Public Jeanne D. Giarratano Notary Public. State of New York No. O IG16094250 Qualified in Suffolk County Commission Expires June 16, 2023 1 O \/ EXHIBIT "A" " No w o i on x _; Il #Yi�g� a x iii��•,• 1 i li� y II 10 II d Plyo� \j!jI ' sNO � I !�1 //Pstewart EXHIBIT TITLE Title Number: 71174657 TOTAL PARCEL AREA: AMENDED 10/7/2021 ALL that certain plot, piece or parcel of land lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Southwesterly side of Alvahs Lane distant 200.00 feet Southeasterly when measured along the Southwesterly side of Alvahs Bane from the corner formed by the intersection the Southwesterly side of Alvahs Lane with the Southeasterly side of Oregon Road; RUNNING THENCE Southeasterly along the Southwesterly side of Alvahs Road the following two (2) courses and distances: 1. South 34 degrees 54 minutes 30 seconds East, 521.18 feet; 2. South 34 degrees 30 minutes 10 seconds East 1,025.31 feet to a monument and land now or formerly of Robert Clark; RUNNING THENCE South 55 degrees 26 minutes 50 seconds West along last-mentioned land and land now or formerly of Ernest A. Schneider, 823.22 feet to land now or formerly of WW Farms LLC; RUNNING THENCE Northwesterly and Southwesterly along last-mentioned land, the following three (3) courses and distances: 1. North 32 degrees 30 minutes 40 seconds West 42.84 feet; 2. North 32 degrees 47 minutes 10 seconds West 180.77 feet; 3. South 58 degrees 55 minutes 30 seconds West 661.85 feet to land now or formerly of Mattituck Farm Holdings LLC; RUNNING THENCE North 32 degrees 02 minutes 30 seconds West along last-mentioned land 1,496.36 feet to the Southeasterly side of Oregon Road; RUNNING THENCE Northeasterly along the Southeasterly side of Oregon Road. the following three (3) courses and distances: 1. North 51 degrees 51 minutes 00 seconds East 604.34 feet; 2. North 58 degrees 50 minutes 00 seconds Hast 419.58 feet; 3. North 59 degrees 13 minutes 00 seconds East 206.43 feet; RUNNING THENCE South 34 degrees 54 minutes 30 seconds East 200.00 feet: RUNNING THENCE 59 degrees 13 minutes 00 seconds East 150.00 to the Southwesterly side of Alvahs Lane and the point or place of BEGINNING. FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of, in and to any streets and roads abutting the above described premises to the center lines thereof. - Schedule A I)escrIption (Page 3 of'4)- AP stewart EXHIBIT "C" TITLE Title Number: 71174657 SCHEDULE A- DESCRIPTION REVISED 10/7/2021 DEVELOPMENT RIGHTS EASEMENT TO BE INSURED: AMENDED 10/6/2021 ALL that certain plot, piece or parcel of land lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Southwesterly side of Alvahs Lane distant 200.00 feet Southeasterly when measured along the Southwesterly side of Alvahs Lane from the corner formed by the intersection the Southwesterly side of Alvahs Lane with the Southeasterly side of Oregon Road; RUNNING THENCE Southeasterly along the Southwesterly side of Alvahs [load the following two (2) courses and distances: L South 34 degrees 54 minutes 30 seconds East, 521.18 feet; 2. South 34 degrees 30 minutes 10 seconds East 1,025.31 feet to a monument and land now or formerly of Robert Clark; RUNNING THENCE South 55 degrees 26 minutes 50 seconds West along last-mentioned land and land now or formerly of Ernest A. Schneider, 823.22 feet to land now or formerly of WW Farms LLC; RUNNING THENCE Northwesterlv and Southwesterly along last-mentioned land, the following three (3) courses and distances: 1. North 32 degrees 30 minutes 40 seconds West 42.84 feet; 2. North 32 degrees 47 minutes 10 seconds West 180.77 feet; 3. South 58 degrees 55 minutes 30 seconds West 661.85 feet to land now or formerly of Nlattituck Farm Hollings LLC; RUNNING THENCE North 32 degrees 02 minutes 30 seconds West along_ last-mentioned land 1,496.36 feet to the Southeasterly side of Oregon Road; RUNNING THENCE Northeasterly along the Southeasterly side of Oregon Road, North :al degrees 51 minutes 00 seconds East 336.72 feet; '1`H ONCE South 38 degrees 09 minutes 00 seconds East, 250.00 feet: TH ENCE North 54 degrees 20 minutes 03 seconds East, 312.21 feet.; FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. - Schedule A Description (Page 1 01"1) - AP stewart TITLE Title Number: 71174657 THENCE North 31 degrees 10 minutes 00 seconds West, 253.84 feet to the southeasterly side of Oregon Road; THENCE again along the southeasterly side of Oregon Road, the following two (2) courses and distances: 1. North 58 degrees 50 minutes 00 seconds East, 343.67 feet; 2. North 59 degrees 13 minutes 00 seconds East 206.43 feet; RUNNING THENCE South 34 degrees 54 minutes 30 seconds Fast 200.00 feet; RUNNING THENCE 59 degrees 13 minutes 00 seconds East 150.00 to the Southwesterly side of Alvahs hane and the point or place of BEGINNING. FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. - Schedule A Decription (Page 2 of,l) A^stewart EXHIBIT "D" TITLE Title Number: 71174657 RESERVED AREA: ALL that certain plot, piece or parcel of land lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Southwesterly side of Alvahs Lane distant 700.10 feet Southwesterly when measured along the Southeasterly side of Oregon Road from the corner formed by the intersection the Southwesterly side of Alvahs Lane with the Southeasterly side of Oregon Road; RUNNING THENCE South 31 degrees 10 minutes 00 seconds East, 253.84 feet; THENCE South 54 degrees 20 minutes 03 seconds West, 342.21 feet; THENCE North 38 degrees 09 minutes 00 seconds West, 250.00 feet to the southeasterly side of Oregon Road; THENCE along the southeasterly side of Oregon Road, the following two (2) courses and distances: 1. North 51 degrees 51 minutes 00 seconds East, 267.62 feet; 2. North 58 degrees 50 minutes 00 seconds East, 105.91 feet to the point or place of BEGINNING. FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of, in and to any streets and roads abutting the above described premises to the center lines thereof. - Schedule A Description (Page'I of 4) - I £� � �� y /Sd} b q; 9i��•a"RAE a�& I �;�a �c• / a,bis. [§��E®�� SR aR e a�� R•'� � d � b tA��M I P lix Ally „00 e�3 CD v b I — i e I