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Home My WebLink AboutL 13144 P 504 'r ' T i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l l l l l l l l l l l l l l l l l l IIIIIIIIIIIIIIIIIIIIIIIII _ SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 02/25/2022 Number of Pages: 8 At: 11 :27 : 11 AM Receipt Number : 22-0032419 TRANSFER TAX NUMBER: 21-25154 LIBER: D00.013444 PAGE : 504 District: Section: Block: Lot:. 1000 095 . 00 04 . 00 001 . 000 � A EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Pa a/Filin g g $40 . 00 NO Handling $20 . 00,; . NO COE $5 . 00 NO NYS SRCHG $15 .00 NO TP-584 $5 . 00 NO Notation $0 .00 NO Cert.Copies $10 . 00 NO RPT $200 .00` NO . Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $295 . 00 TRANSFER TAX NUMBER: 21-25154 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County '-mp. . ' 1 Number of pages RECORDED 2022 Feb 2.5 11:27:11 AM This document will be public JUDITH A. PASCALE record.Please remove all CLERK OF Social Security Numbers 'R!FFOLK COUNTY prior to recording. L D00013144 P 504 [T4 21-25154 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. Handling 20. 00 1.Basic Tax 2. Additional Tax _ TP-584 Sub Total Notation Spec./AssK, EA-52 17(County) or SubTotai EA-52 (State)(state) Spec./Add. TOT.MTG.TAX R.P.T.SA Dual Town Dual County Held forArTax ointment Comm.of Ed. 5. QO Transfer Tax ' Affidavit + Mansion Tax Certified Co � Py The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 3 Sub Total family dwelling only. Other YES orNO Grand Total J r If NO,see appropriate tax clause on page# oft Is instrument. 4 Dist.14W 4771738 1000 09500 0400 001000 5 Community Preservation Fund Real Tax Service RP MIA Illlllll�l�l�l�l®iIlQl�f� Consideration Amount$ Agency 10-FEB Verification CPF Tax Due $ Satisfactions/Discharges R leases U�t props Improved 6 RsiMi D&RETURN%O Y Owner Mailing Address vacant Land yo /xV y //71 _Tdalho/dA/y//97/ 09S/ TD TD Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 www.suffolkcountvny.gov/clerk Co.Name Title# G 8 Suffolk County Recording & Endorsement Page This page forms part of the attached C1S hrairs made by; (SPECIFY TYPE OF INSTRUMENT) molhI7/C'-1' a, ald/g -5 LLC The premises herein is situated in SUFFOLK COUNTY,NEW YORK. / TO In the TOWN of In the VILLAGE or HAMLET of te:a hewh':v UC BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over -7t�S DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the 3(d day of tSLClrn),41 , 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 7040 Oregon Road, Cutchogue in the Town of Southold, County of Suffolk, and State of New York designated as SCTM#1000-95.-4-1 and shown on a survey prepared September 10, 2021, by John Minto, L.L.S. of JM Land Surveying, Surveyors, 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 10 acres and a Reserve Area (or Development Area) of 2.22 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 Reserve 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 Reserve 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 t 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 kin 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 same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town 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 hereof other than the part so adjudged to be illegal, unlawful, 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. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of 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. NJAT-RTUCK FARM HOLDINGS, LLC . (S"41 y- -�" - By: Peter Talt ice President STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) On the day of [�' �j(� , 2 02 1, before me, 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 she executed the same in her capacity, and that by her 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. Notary Public Jeanne D. Giarratano Notary Public, State of New York No. 01 GI6094250 Qualified in Suffolk County Commission Expires June 16, 2023 AP stewart EXHIBIT "B" ------TITLE Title Number: 71174658 SCHEDULE A— DESCRIPTION REVISED 9/30/2021 AS TO TOTAL 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, more particularly bounded and described as follows: 13EGINNING at a monument at the intersection of the southerly line of Oregon Road and the easterly line of Alvahs Lane and from said point of BEGINNING; RUNNING THENCE along the southerly line of Oregon Road North 48 degrees 30 minutes 00 seconds East, 675.43 feet to land now or formerly of Mattituck Holdings LLC; RUNNING THENCE along said land South 37 degrees 21 minutes 10 seconds East. 823.82 feet to a concrete monument and other land now or formerly of Mattituck Holdings LLC; RUNNING THENCE along said land, South 57 degrees 00 minutes 30 seconds West, 706.50 feet to the easterly side of Alvahs Lane; RUNNING THENCE along said easterly line of Alvahs Lane, North 34 degrees 54 minutes 30 seconds West, 721.90 feet to a concrete monument and the point or place of BEGINNING. FOR CONVEYANCING ONLY:TOGETHER with ail 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 of 3) - AA s t ewa r t EXHIBIT "C" TITLE Title Number: 71174558 AS TO DEVELOPMENT RIGHTS EASEMENT 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, more particularly bounded and described as follows: BEGINNING at a monument at the intersection of the southerly line of Oregon Road and the easterly line of Alvahs Lane, distant 345.39 feet along the southerly side of Oregon Road to the true point of BEGINNING; RUNNING THENCE still along the southerly line of Oregon Road North 48 degrees 30 minutes 00 seconds East, 330.04 feet to land now or formerly of Mattituck Holdings LLC; RUNNING THENCE along said land South 37 degrees 21 minutes 10 seconds East, 823.82 feet to a concrete monument and other land now or formerly of Mattituck Holdings LLC; RUNNING THENCE along said land, South 57 degrees 00 minutes 30 seconds West, 706.50 feet to the easterly side of Alvahs Lane; RUNNING THENCE along said easterly line of Alvahs Lane, North 34 degrees 54 minutes 30 seconds West, 452.23 feet; RUNNING THENCE North 48 degrees 29 minutes 58 seconds East, 376.34 feet; RUNNING THENCE North 41 degrees 30 minutes 02 seconds West, 267.88 feet to the southerly side of Oregon Road 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 Description(Page 3 of 3) - "P tewa 1. EXHIBIT "D TITLE Title Number: 71174658 AS TO 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, more particularly bounded and described as follows: BEGINNING at a monument at the intersection of the southerly line of Oregon Road and the easterly line of Alvahs Lane and from said point of BEGINNING; RUNNING THENCE along the southerly line of Oregon Road North 48 degrees 30 minutes 00 seconds East, 345.39 feet; RUNNING THENCE South 41 degrees 30 minutes 02 seconds East, 267.88 feet; RUNNING THENCE South 48 degrees 29 minutes 58 seconds West, 376.34 feet to the easterly side of Alvahs Lane; RUNNING THENCE along said easterly line of Alvahs Lane, North 34 degrees 54 minutes 30 seconds West, 269.57 feet to a concrete monument 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 Description (Page 2 of 3) - I i, SITE: i 9Y MAP I'I � f'=600' I yr .I r I P ��r —�I Mgr •, -- . � - - - r 36,670 A,, W.! 12 TOTAL AREA=12.21 ACRES .c I—D—F-1 1 R m,E—nsnl Mm 41, =10.00 ACRES SUFFOLK COUNTY TAX MAP# - fOOO-95-0401 od9d� lob- 01 t Survey of Property Cutchogue Southold Suffolk Couriy, New York nwlm.me�.m11 Tau kap 11000-95-04-1 Scale 1"= 80, September 10, 2021 Itoxo of Southold GRAPHIC SCALE .. ate,—"— k.lhluc4 Farm Hangs,LLC eft—(531)7244M Stead line Ins—c.Cc, 91 1-11 x eom..e,a,smimio.e.-.117.2