HomeMy WebLinkAboutL 11903 P 456 4 11 11903PC456 I RWORDE
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Number of MU JOL 8 4 A FM c�
TORRENS
EDWARD P. 0 AIME
serial OLERSUFFOLK COUNT?
$ Cartllkaa a
Prior Cif.M
Deed/Mortgage Instrument Dead I Mortgage Tax Sump Recoding/Filing Stamps
4 PKRS
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Page/Flung Fee •_kA _..• Mortgage Amt. _
t Handling I, Bulc Tax _
TP-384 2, Additional Tex
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Notation __ Sub Total _
BA-3217(County) _, Sub Total .=��,, SpocJAuiu
or
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RA-5217(Sate) Spon/Add.
R.P,T.S,A. TOT.MTO.TAX 1
Comm,of ad, _S,p2_•, .� Dual Town Dual County
p Hold for Apportionment
AMdAvit �i Transfer Tax ._.,
Cartltlal Copy Mansion Tax
' -- Tia property covered by iNs mortgage Is or
Rog.Copy ,_ will be Improved by a one or two family
Sub ToW , dwelling onlyy,
Other YI9 or NO
' GRANDTOTAL �f d If N0,athb pcxopr Instrument,
enu Clawo an PUG N
Ral Property Tax Service Agacy Verification 6 This Company Information
Diol, Section Block Lot M • 11
p 0 4 to,o 0 1 , 00100 —Company Name
1 `� ocJ( ,03 - o'f„ r>`►T 9 e is4
TIUo Number
IM �
I. FBB PAID BY:
r'a a i�T'1. a x ct, Fso. cub—OVA VA vo,�ChWo
Payor sane u R A R
(or If dltforent) -
►� Grp t:e , r e►,�, IV y ► ( 9 `f `�' NAME:�t ,'-_ � , :A.,
ADDR89S:
�Z'�,aA1„l mol NH rt�01
I7' ADDRBSS
q ; Suffolk County Recording & Endorsement Page
This ptip forms put of the uuched ;,n LL) ���At H'al,4.,4T _made by:
(SPECIFY TYPE OF INM MBMI')
�'t 1 t �,(�; '='f •o.+; Tho promlaa herein Is situated In
SUFFOLK COUNTY,NEW YORK,
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_ 'I'0 In the TownshipIn the
o' • J^•- -`�-� I �_
-�-► c C At^ r a n or HAMLET of VILLAGE
r BOXES S THRU 9 MUST BBTYj BD OR PRIMED IN BLACK INK ONLY PRIOR TO RECORDING OR FILINGEj
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g THIS AGREEMENT made this day of —� , • , 1998,betwwn PELLECRINI
s: PECONIC,LLC,with its principal office at 23005 Main Road,Cutchogue,NY 11933,Party of
the First Pan,and PECONIC LAND TRUST,INCORPORATED,with its principal offico at 296
Hampton Road(P,0, Box 2088),Southampton,Now York, 11968, Party of the Second Pan
(known collectively as the Parties),
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WITNESSETH;
WHEREAS,the Party of the First Pan owns or will own certain real property located at
Main Road,Poconic, N.Y.more fully described in Schedule"A",attached hereto,and further
Identified us Suffolk County Tax Map M 1000.86.1•p/o 9, consisting of approximately 41 acres
(hereinafter referred to as the"Property");and
WHEREAS,the Property contains prime agricultural soils and provides scenic vistas to the
public from both the Main Road and Walls Road,and Is worthy of protection;and
WHEREAS,the Pony of the Second Pan desires to purchase u Conservation Easement
coverin the Proport and the Puny of the First Pan has agroW to grunt and Noll an Option to the
_ Pony o the Second Pan to purchase said Conservation Easement pursuant to the terms and
conditions as sot forth in this Option Agreement(hereinafter the"Agreement');and
WHEREAS,the Parties Intend that the Option price for the Conservation Easement
be an amount substantially below the market price of said Conservation Easement with the
A; Intent of the Pony of the First Pun to make a charitable contribution for the balance of the
t value of the Conservation Easement at the time that the Conservation Easement Is
$ purchased(i,o,a bargain sale).
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m' NOW THEREFORE,the Party of the First Pan and the Party of the Second Pan agree as
follows;
OPTIONr
P
1. The Party of the First Pan hereby grants and sells to the Pony of the Second Part an exclusive
c and irrevocable Option to aaquim a Conservation Easement
(the Ncopo of which shall bo mutually agreed upon by the Partieshere
to)In
�- and to the above described Property upon the terms and conditions as follows;
(a) Consideration for the Option is$10,rocolpt of which Is acknowledged by the Pony of the
Pint Pan as good,valuable and sufficient consideration;
(b)This Option Is effective as of the ditto hamof;
(c) The entire Property shall be held in foe simple by the Party of the First Part with no liens or
encumbrances contrary to the Conservation Easement ado;
(d)This Option to purchase a Conservation Easement shall be exercised no sooner than April
30,2000(except as heroin provided),and shall terminate April 30,2003. However,In the
event that the conservation,open space or hydrologic values Intended to be protected by the
Conservation Easement attached horoto aro siyniflcantly compromised or altered In bad faith
by the Party or the First Pan,then this option shall vast and become Immediately subject to
exercise by the Pony of the Second Pan upon it showing of said degradation by clear and
convincing documentation;
(e)The purchase price of the Conservation Easomant shall be$2500,00;
(n It Is hereby understood and agreed that In the event the Party of the Second Pan does not
exercise Its exclusive Option to purchase the Conservation Easement within the time period
set forth,or notifies the Party of the First Pan in writing that it oloctit not to so exercise,
then this Option shall be doomed cancollod,and neither pony shall have any further right
against the other party, In that event,the Party of the Second Pan shall within seven(7)
days from service of writton notice by the Party of the First Pan,execute and dellvor ro the
Pavy of the First Pan such document aN shall h>a royyttirod to clear the rocordlnr of thio
Option from the records of the Suffolk Ccrattty Clork failing which the Party of the Second
Pan apppooints the Pony of the PirNt Pnn,av its attorttoy In fnct with full authority to execute
and dollvar such document;
(g)The Party of the Second Part must Indicate Its intent to exercise Its Option in writing
I
addressed to the Puny of the First Pan not loss thin 20 days prior to the Termination Date
of this Optlo[t,setting forth a closing data satisfactory to the Party of the Pint Pan for
purchaso of the Conservation Basement,
2, This Option is not assignable by the Pony of the Second Pmt
3, Tho Parties acknowledge and agree that their remedies at law for any violation of this Option are
inadequate. nomforo,It I%agreed that either Party,in the event any broach,default or violation of
tiny torn,provision,covenant or obligation on the pun of the other Puny be observed or performed
pursuant to this Option,shall have the fight to the mmody of specific performance,
IN WITNESS WHEREOF,the Parties horoto have signed their names the day and year first above
written,
ACKNOWLEDGED AND ACCEPTED:
PELLEURI ONIC,LLC
-t
BY,
R n Pellegrini (Pony of the First Part)
ACKNOWLEDGED AND ACCEPTED:
PECONIC LAND TRUST,INCORPORATED
BY:
Rogermath (Party of the Second Pun)
Chalrma of the Board of Directors
. STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS,:
On the-�day of 7T--- ,In the year 1998,before me porsonally come Robert
Pollogrini,to me known,who,INy mo duly swom,did doposo and say[list he rosidox at
k. -MA,r t ltG c"� Nnu uhat hegrini Peconic LLC,the limited
liability company dosci awhich oxacutod the foregoing Instrument,
Notary Public
MARY KOLAKOWSKI
Notary Public,State of New York
No 4870006, Sullatk CnuntY Q
STATE OF NEW YON K ) commission Swtres Sept.2.19—d°
COUNTY OF SUFIIOLK ) SS,:
On thel"duy of --3-�-- ,In the year 1998,before me personally coma Roger A.
Smith,to me known,who,being by me duly xworn,did depose and say that he resides at
71 island Crook Road,NY 11968 and that ho is the Chairman of the Board of Directors of Poconlc
Land Trust,Incorporated,the corporation described In and which executed the foregoing
Instrument,
�- soutNnr�PfarJ
Notary Public
MARY KOLAKOWSKI
Notary Public,Bute or New Yak
No 4e70000, Sullolk County
Commission Eapues Sept.2, IS 9 d
Schedule A: Motex&Bounds Description of the Property
f Exhibit A: Conservation Easement
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• ' 11903PC456
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+ SCHEDLILIR A
ALL that certain plot,piece or parcel of land,situate,lying and being at Peconie.Town of
t Southold,County of Suffolk and State of Now York,known and designated As Lot 1 on the Minor
Subdivision Plot known As Richmond Creed Farms,bounded and described a.+follows:
BEGINNING at a monument on the southeasterly side of Main Road At the northeasterly comer of
the promises heroin described and the northwesterly comer of land now or formerly of Robert K.
and Elizabeth K,Simon;
F THENCE South 34 degrees 41 minutes 41 seconds Bam along the last mentioned land and along
lands now or formerly of Elizabeth S.Mead,Richard and Elizabeth Mood,Jeanie Leo Pierce,
a JRobert and Maurcon RinQold,Norma Joan Mehrman and John R.Mchrman and Norma J,
Mahrman,2713,77 to land now or formerly of Chostcr H,and Joyce M,Skwaro As described In
deed Libor 6303 cp 303;
TH13NCE along land now or formorly of Skwaro the following 3 courses and dlitancoa:
1, South 52 dogroos 27 minutes 09 seconds West, 140,22 foot to a point;
2, North 73 degrees 06 minutes 01 seconds Woxt,74.93 fact to A point:
3, South 16 degrees 53 minutes 39 seconds West, 17,1,00 fact to the northeasterly side of We11s
Road;
THENCE North 73 degrees 06 minutes 01 seconds West alongthe northoastorly side of Wells
Road,341,71 foot to otter land of Peconle Land Trust Inc,anshown As Lot 2 on the minor
subdivision herein;
' THENCE Along last mentioned land the rollowing S courses and d6teneos,
1. North 34 dogmas SS minutes 31 seconds West,55,35 feet to a point;
2. Northwesterly along the arc of a curve to the tort having it radius of 300 fact a dixtunce of
190,20 foot to it point;
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3. North 36 dogmas 43 minutox 13 seconds West,360.30 foot to a point;
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4. North 49 dogmas 58 minutox 33 seconds West,332.34 root to a point;
3. South 63 dogmas SO minutes 23 seconds West,247.46 feet to a Richmond Croak;
THENCE along Richmond Crook the following 4 tic coursas and distances:
1. North 24 dogmas 43 minutox 34 seconds West,329,08 root to n point-,
2. North 15 dogmas 14 minutes 53 seconds West, 110,76 root to a point;
3, North 72 dogmas 14 minutes 31 seconds West 38,89 root to a point;
4, North 30 dogroos 05 minutes 21 seconds West, 115,00 foot to a monument and land now or
formerly of James C,sit Jozo McBumie;
THENCE North 27 dogmas 13 minutes I I seeotuts West along the Inst mentioned land 232,35 foot
t° to the southeastorly aide of Main Road;
THENCE North 33 dogmas 19 minutes 29 seconds But,along the southeasterly side of Main
Road,22.54 feet to a point;
THENCE South 27 dogmas 13 minutes I I seconds Bast, 146,00 foot to n point;
THENCE North 43 dogmas 02 minutes 09 seconds Bast, 146,83 foot to it point;
i THENCE North 34 degrees 30 minutes 51 seconds Wast, 159,00 foot to the southeasterly side or
Main Rood;
THENCE North 33 dogmas 19 minutes 29 seconds But along the southeasterly side of Main
r_ Road,419,23 feet to me monument at the point or place of BBGINNINt7,
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