HomeMy WebLinkAboutL 13217 P 254 I l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l k l l l l l l l l l l l l
I I I I I I I I I I I I I I I I
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 09/07/2023
Number of Pages : 13 At: 01 : 44 :56 PM
Receipt Number : 23-0114428
TRANSFER TAX NUMBER: 23-04336 LIBER: D00013217
PAGE : 254
District: Section: Block: Lot:
1000 035 . 00 02 .00 001 . 000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $65 . 00 NO Handling $20 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
TP-584 $5 . 00 NO Notation $0 .50 NO
Cert.Copies $16 .25 NO RPT $400 .00 NO
Transfer tax $0 .00 NO Comm.Pres $0 .00 NO
Fees Paid $526 .75
TRANSFER TAX NUMBER: 23-04336
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Vincent Puleo
County Clerk, Suffolk County
p
R RAK A
Stat ID: F 5158530
07-SEP-
Tax Maps
District Secton Block Lot School District
1000 03500 0200 001000 GREENPORT
1000 03500 0200 011000 GREENPORT
as
1� RECORDED
Numberof pages 2023 Sep 07 01:44:56 PN
4 i n_ent Ptleo
CLERK OF
SUFFOLK COUNTY
This document will be public L D0001321
record. Please remove all P 254
Social Security Numbers CST# 3-04336
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee M- . Mortgage Amt.
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 \ Sub Total
Notation �� ► Spec./Assit.
C or
EA-5217(County) Sub Total Spec./Add.
EA-521 '(State) TOT.MTG.TAX
Dual Town Dual County
R.P.T.S. . Held for Appointment
Comm.of d. 5. 00 Transfer Tax
Affidavit II • . Mansion Tax
eINYS
ertified Copy l � The property covered by this mortgage is
or will be improved by a one or two
Surcharge 15. Do2-15 family dwelling only.
Sub Total- LA YES or NO
Other
Grand Total `Y ��f NO,see appropriate tax clause on
page# of this instrume 8012-
4 1 Dist.1000 5158530 J� 5 Community Preservation Fund
r
Real Property p S nllll�lm Consideration Amount
Tax Service R RAK A
Agency 07-SEP-23 CPF Tax Due $
Verification
-- -- Improved
6 Salis actions/DischargeslRe eases List Property Owners Mailing Address
RECORD 8 RETURN TO: Vacant Land
David M. Dubin, Esq. TD
PO Box 9398 TD
Riverhead, New York 11901
TD
Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcou ntyny.g ov/clerk Title#
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Amendment of Deed of Conservation Easement made
by: (SPECIFYTYPEOF INSTRUMENT)
Mary Pacinda Turner,as Executrix of Estate of Robert Turner, The premises herein is situated in
William King,Mary Pacinda Turner 8 William King SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of Southold
Town of Southold In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
AMENDMENT OF DEED OF CONSERVATION EASEMENT
aakd Aut'3d,)OS
THISTEEMENT OF DEED OF CONSERVATION EASEMENT(hereinafter,the
"Amendmententered into by and among MARY PACINDA TURNER, as Executrix of the
Last Will and Testament of ROBERT TURNER, and WILLIAM KING,hereinafter collectively
referred to as "Donor"; MARY PACINDA TURNER individually, with an address of 525 King
Street, Orient, NY 11957, and WILLIAM KING, with an address of 33 1" Street, Webster, MA
01570, hereinafter collectively referred to as "Grantor", and TOWN OF SOUTHOLD, a
municipal corporation with offices at 54375 Main Road, Southold,NY 11971 (hereinafter referred
to as "Grantee", to amend the Deed of Conservation Easement recorded on and effective as of l
December 19, 2019, with the Office of the Clerk of Suffolk County, New York, under Liber
D00013040, Page 087 (the "Easement"). This Amendment is made and entered into in perpetuity
and exclusively for conservation purposes.
RECITALS
WHEREAS, Donor granted the Easement to Grantee over certain real property identified in the
Easement as the Protected Area ("Protected Area"), the legal description of which is attached
hereto as Schedule A and identified on the Suffolk County Tax Map as 1000-035.00-02.00-001.000
and 1000-035.00-02.00-011.000; and
WHEREAS, PRIOR to the recording of the Easement and pursuant to the provisions of the Last
Will and Testament of ROBERT TURNER, his interest in the Protected Area passed to his
surviving spouse, MARY PACINDA TURNER; and
WHEREAS, said MARY PACINDA TURNER and said WILLIAM KING are accordingly
hereinafter collectively referred to as Grantor; and
WHEREAS, Grantor is the present owner of the underlying fee interest in the Protected Area and
Grantee is the present holder of the Easement; and
WHEREAS, on or about April 24, 2023, the U.S. Treasury Department and Internal Revenue
Service issued Notice 2023-30 (the "Notice"), which sets forth the safe harbor deed language for
extinguishment and boundary line adjustment clauses required by § 605(d)(1) of the SECURE 2.0
Act of 2022 (the "SECURE 2.0 Act"), enacted as Division T of the Consolidated Appropriations
Act, 2023,Public Law 117-328, 136 Stat. 4459 (December 29, 2022); and
WHEREAS, Grantor and Grantee desire to amend the Easement to include certain aspects of the
safe harbor language for the corresponding language in the Easement, as provided by § 605(d)(2)
of the SECURE 2.0 Act.
Based on these Recitals and the mutual and valuable consideration provided to each by this
Amendment, Grantor and Grantee AGREE as follows:
1
TERMS
1. BOUNDARY LINE ADJUSTMENTS.
Section 7.02 of the Easement is amended by adding the following additional sentences at the
conclusion thereof:
"Notwithstanding any other provision of the Easement and pursuant to Notice 2023-30, and in
addition to any requirement of a public hearing under Section 9.03(B) (Limitations on
Amendment) of the Easement, Grantor and Grantee agree that boundary line adjustments to the
Protected Area subject to the restrictions may be made only pursuant to a judicial proceeding to
resolve a bona fide dispute regarding a boundary line's location. A boundary line adjustment shall
not be interpreted as synonymous with or otherwise preclude a lot line modification or subdivision
as described in this Section and defined by the Town Code of the Town of Southold."
2. NO LIENS.
Grantor represents that as of the effective date of this Amendment there are no liens or mortgages
outstanding against the Protected Area.
3. LIMITED EFFECT.
Except as amended hereby, all terms and conditions of the Easement, including but not limited to
all Exhibits and Schedules thereto,remain in full force and effect.In the event of a conflict between
the terms of the Easement and this Amendment, the terms of this Amendment shall prevail.
4. GOVERNING LAW. This Amendment shall be governed by the law of the State of New York.
5. EFFECTIVE DATE OF AMENDMENT. This Amendment shall be effective when Grantor
and Grantee have executed it and it has been recorded in the Office of the Clerk of Suffolk County,
New York. For purposes of the Notice and the SECURE 2.0 ACT, this Amendment shall be
effective as of December 19, 2022.
6. COUNTERPARTS; AUTHORITY. This Amendment may be executed in multiple
counterparts, each of which when assembled to include an original signature for each part to this
Amendment shall constitute a complete and fully executed original. Each signatory to this
Amendment represents and warrants that he or she is duly authorized to enter into and execute this
Amendment and to legally bind the party that he or she represents.
2
7.NO GOODS OR SERVICES. No goods or services or other consideration were provided by
the Grantee to the Grantor in exchange for the grant of this Amendment.
IN WITNESS WHEREOF Donor and Grantor and Grantee have caused this AMENDMENT
OF DEED OF CONSERVATION EASEMENT to be executed by persons duly authorized to
execute the same.
[Signatures appear on following pages]
3
Donor Signature Page For
Amendment to Deed of Conservation Easement
IN WITNESS WHEREOF, Donor has set its hand and seal to this Amendment to the
Deed of Conservation Easement.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
DONOR:
MARY PACINDA TURNER,
as EXECUTRIX OF THE LAST WILL AND
TESTAMENT OF ROBERT TURNER
A
v
Mary P inda Turner, as Exe utrix
State of New York )
County of SUM1 } ss:
On the`36t day of urne��, in the year 2023 before me, the undersigned personally appeared
IY)ct � Puci M4TC , personally known to me or proved to me on the basis of
satisf ctory 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. 4W I pj�
Signature/office of individual taking acknowledgment
MCHQLE L PONO
Notary Public,State of NewVb*
auarifted in St ffof k Co"
No.01PA6240712
Commisslon Emws Mav I& �7
4
Donor Signature Page For
Amendment to Deed of Conservation Easement
IN WITNESS WHEREOF, Donor has set its hand and seal to this Amendment to the
Deed of Conservation Easement.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
DONOR:
WILLIAM KING
1
r
William King
State of New York )
County ofSu I ) ss:
On the 'day of t f , in the year 2023 before me,the undersigned personally appeared
® —, personally known tome or proved tome on the basis of
satisfactory evid ce 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.
A/e/u.
Signature of individual taking acknowledgment
PEGGY a.musak p
M)VWRMX-STATE OF#EW1=
umolmwsw
W 21M ESS MIIF SY
5
Grantor Signature Page For
Amendment to Deed of Conservation Easement
IN WITNESS WHEREOF, Grantor has set its hand and seal to this Amendment to the
Deed of Conservation Easement.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
GRANTOR:
MARY PACINDA TURNER
Mary cinda Turner
State of New York )
County ofUll(. ) ss:
On the da of U , in the year 2023 before me, the undersigned personally appeared
personally known to me or proved to me on the basis of
satisf ctory 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.
Signature/office o individual taking acknowledgment
NICHOtE L PA11NO
Notary Public,State of New Yak
ouaiined In Suliolk County
No.01PA624G712
Commisslon Expires May A
6
Grantor Signature Page For
Amendment to Deed of Conservation Easement
IN WITNESS WHEREOF, Grantor has set its hand and seal to this Amendment to the
Deed of Conservation Easement.
SIGNED, SEALED AND DELIVERED IN Tl-IE PRESENCE OF:
GRANTOR:
WILLIAM KING
William King
State of Newk }
County o (IL ) ss:
On the IF of J V , in the year 2023 before me, the undersigned personally appeared
l , personally known to me or proved to me on the basis of
satisfactory evidenccj§ 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.
Signaturelo is o individual taking acknowledgment
PMY B.HUBBARD
MOWB►MM-SATE OF NEW IPt]gK
!q.0111U UIV
IWOM218SIMEVRESMAY31,2D" 7L
Grantee Signature Page For
Amendment to Deed of Conservation Easement
IN WITNESS WHEREOF, Grantee has set its hand and seal to this Amendment to the
Deed of Conservation Easement.
GRANTEE:
TOWN OF SOUTHOLD
By:
5170^f't:A. SWLL
Its: SuDetufsoIr
State of New York }
County of 4Rv11L ) ss:
On the day of r>- , in the year 2023 before me, the undersigned personally appeared
u , 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.
Signature/office of individual taking acknowledgment
NICHoi_E L PATINo
Notary Public,State o1 New Ybrk
Quaffied in Suffolk County
No.01 PA6240712
Commission Exoires Mav 16. X)11)
0�
SCHEDULE A
LEGAL DESCRIPTION OF THE PROTECTED AREA
i'
9 �
5attg> A
LOT 001.000 KING TRUST SCTM #1000-35.-2-1
ALL that certain plot, piece or parcel of land,situate, lying and being at East Marion,Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the Northerly line of Main Road (NYS Route 25) where the Westerly line of land
now or formerly of Theodore D. Anderson intersects said Northerly line of Main Road (NYS Route 25) and
from said point of beginning;
RUNNING THENCE along the said Northerly line of Main Road (NYS Route 25) South 66 degrees 01 minutes
20 seconds West 140.44 feet to lands now or formerly of John Abadiotakis;
THENCE along said lands the following four courses and distances:
L North 23 degrees 58 minutes 40 seconds West 300 feet;
2. South 66 degree 01 minute 20 seconds West 183.65 feet;
3. North 45 degrees 51 minutes 50 seconds West 88.26 feet;
4. South 66 degrees 01 minute 20 seconds West 371.08 feet;
THENCE along lands described in Map of Peconic Landing at Southold the following 15 courses and distances
to the ordinary high water line of Long Island Sound:
1. North 24 degrees 34 minutes 30 seconds West 423.08 feet;
2. North 76 degrees 49 minutes 10 seconds East 155.11 feet;
3. North 07 degrees 02 minutes West 40.19 feet;
4. North 01 degree 45 minutes West 434.17 feet;
5. North 00 degrees 39 minutes 30 seconds West 100.15 feet;
6. North 05 degrees 18 minutes 40 seconds West 100.93 feet;
7. North 00 degrees 04 minutes 20 seconds East 172.71 feet;
8. North 03 degrees 40 minutes West 100.0 feet;
9. North 01 degree 34 minutes West 300.20 feet;
10. North 00 degrees 19 minutes 40 seconds West 179.94 feet;
11. North 27 degrees 56 minutes 50 seconds East 65.47 feet;
12. North 13 degrees 46 minutes 30 seconds West 33.68 feet;
13. North 28 degrees 19 minutes 30 seconds West 89.61 feet;
14.North 31 degrees 03 minutes 40 seconds West 300.01 feet;
15. North 30 degrees 10 minutes 40 seconds West 913.21 feet;
THENCE along said high water line of Long Island Sound the following 4 courses and distances;
1. North 30 degrees 29 minutes 40 seconds East 212.79 feet;
2. North 16 degrees 48 minutes 50 seconds East 100.05 feet;
3. North 29 degrees 55 minutes 50 seconds East 100.84 feet;
4. North 20 degrees 44 minutes 30 seconds East 411.96 feet;
THENCE South 35 degrees 55 minutes 10 seconds East 1823.45 feet;
THENCE South 53 degrees 03 minutes 40 seconds West 443.55 feet;
THENCE along lands formerly of Islands End Golf and Country Club, Inc. the following 5 courses and
distances:
1. South 35 degrees 39 minutes 20 seconds East 1015.92 feet;
2. South 63 degrees 53 minutes 50 seconds West 259.70 feet; ey1
3. South 35 degrees 39 minutes 20 seconds East 385.86 feet;
4. South 63 degrees 53 minutes 50 seconds West 417.20 feet; r'
BCH VDrk "AJ i
5. South 32 degrees 42 minutes 50 seconds East 444.98 feet;
T14ENCE along land now or formerly of Anderson the following 2 courses and distances:
1. South 66 degrees 01 minutes 20 seconds West 150.0 feet;
2. South 32 degrees 42 minutes 50 seconds East 300.0 feet to the point of BEGINNING.
t
scitvu -t--
LOT 011.000 KING TRUST SCTM #1000•-35.-2-11
ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a monument set in the Northerly line of Main Road (NYS Route 25)at the boundary line
between the subject parcel and lands now or formerly of Islands End Golf and Country Club and said Northerly
line of Main Road (NYS Route 25) and from said point of beginning;
RUNNING THENCE along said lands now or formerly of Islands End Golf and Country Club the following 2
courses and distances:
1. North 36 degrees 01 minutes 35 seconds West 72 8.5 6 feet;
2. North 35 degrees 33 minutes 00 seconds West 1513.42 feet;
THENCE along said lands of the following 2 courses and distances:
1. North 53 degrees 03 minutes 40 seconds East 186.02 feet;
2.North 35 degrees 55 minutes 10 seconds West 501.26 feet to lands described in Map#6266;
THENCE along said lands, North 54 degrees 06 minutes 31 seconds East 604.84 feet;
THENCE continuing along said lands and lands now or formerly of the Suffolk County Water Authority the
following 3 courses and distances:
1. South 34 degrees 09 minutes l 1 seconds East 859.22 feet;
2. South 30 degrees 53 minutes 20 seconds East 269.10 feet;
3. South 28 degrees 09 minutes 41 seconds East 540.14 feet;
THENCE South 51 degrees 37 minutes 20 seconds West 518.52 feet;
THENCE South 36 degrees 08 minutes 40 seconds East 912.22 feet;
THENCE South 33 degrees 46 minutes 00 seconds East 193.16 feet to the Northerly line of Main Road (NYS
Route 25);
THENCE along said Northerly line of Main Road (NYS Route 25) South 67 degrees 19 minutes 18 seconds
West 184.48feet to the point or place of BEGINNING.