HomeMy WebLinkAboutMerlot LLCELIZABETH A. NEVILLE
TOWN CLEP, K
Towa Hall, 53095 ~ Road
P.O. Box 1179
Southold, New York 11971
Fax 1651) 765-6145
Talephone 163I) 765-1800
sour hold town.nor~i'ork.ne~
OFFICE OF TH~ TOWI~I CLERK
TOWN OF SOUT}IOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 205 OF 2003
W~S ADOPTED AT !'~.o~ REGL~_~.AAR MEETING OF T~mZ~ SOUTHOLD TO .WN. ~O.A--RD
ON MARCH 25. 2003:
WIt~RE~q, it is the policy of the Town of Soulhold to preserve prime agricultural soils and to
protec* the scerdc, open space character of the Town; and
W H ~:REAS, the Town of Southold's Mast~ Plan of 1973, amended in 1986 and i989, has taken
the follow/rig actions to clearly define, dettheate and implement its policy to prcscrve pr/me
a~'~,.cultm'at soils and to pro*,c~ thc, sccrd c, o~-~,~'c, space ck~aractcr of thc Towa, spceificalky by the
adoption of}
Chapter 25 of the code of the Town o£ Southold, known as A~cultural Lands~ for
the puv~se of pre~,&.-g p~me .%~c ,ulmml soils~ protec%ng th~ scene, open~
space character of the Town and to preserve the Town's resort and agricutmm!
economy.
Chapter 59 of the code of the Town of Southold known as Opan Space
Pres ~e~rva¢.iom finds that the acq,.hsifian of open space in the To;.~m of Southold. if
preserved and maint:(med in their present open state, is in the public interest and a
proper pmWose of the Town in accord~"c with the ~-.dLi~g s -.~nd d~.en'ninafian of
the New York State Legislature, as set forth in Section 247 of ~ Gcoeral
M,,~mi,cipa! La,,.-.
WltEREAS, Mertot, LLC, having aa address at 591A Bicycle Path, Port Jefferson Statior~ NY
11776~ is the owner th fee simple of 37.8-acres of agricullaral laud identified as Suffolk County
Tax Map Parccl #1000~75-2-2; and
WREREAS, the ~ope~ is located inthe AC zoning district of the Town of Southold which
designation, to the ext~nt possible, is intended to psevent the unnecessary loss of those eurrantly
o~n lands -~'~dch c, onm/n w/me agricultural soils; and
WHEREAS, the ruffs on the property have been identified by thc United State's Department
Agricultuxe Soil Conservation Serv~ce's Soil Survey of Suffolk County, New York as prime
agrianltuml soils of Class I and Class I1 q'aality; and
Wit EREAS, t~ To~rn Board wishes to encourage other methods of open space and farmland
preservation including the voluntary granting of conmrvafion easements by phvate landowners
~o private conservation organizations; and
WHEREAS, Mertot~ LLC has granted a Conservation Easement to the Peconic Land Trust on
December 30, 2002, and recorded/n the Coanty Clerk's office on December 30, 2002 in Liber
12227 page 646 which rcs~iets dcv¢lot:~cnt to 9.45~crcs and allows for no mom than four (4)
single-family maid*aces and one (1) winery complex and exthaguishes the development fights on
the remaining 2g.4-acres; and now therefor be it
RESOLVED, that the Town Board hereby determincs that the Conservation Easement
conveyed by Merlot, LLC to ]Pcconic kand Trust are oursuant to the Town's elca~qv
delineated uubl~c uolicv to oreServe or'tree a~ricu~ural soils and to urotect the scenic, o~en
svaee character of the Town, and that said eonvevanecs wffi *~eld a sioniF~cant nubile
beheld; and bc it further
RESOLVED, that the Sonthold Town Clerk forward a coov of this re~ohition to Merlot,
LLC at the address noted above, and to the Pecenic Land Trust_ P.O. Box 2088,
Southam~on. New York 11969
Elizabeth A. Neville
Southold Town Clerk
CONSERVATION EASEMENT
BASELINE DOCUMENTATION REPORT
Merlot LLC
591 A. Bicycle Path
Po~ left~xson Statthn, NY 11776
Physical Address of Property:
St'ate Road 25 ('Main Road)
Southold, Ncw York
Suffolk County Tax ~lap # 1000 - 75 - 2 - 2
Land Types
#3~ Acres J~% Woodlan&* AC Zo~thtg 90% Pasture
Buildings and Structures on Property:
Condition of Land:
T~is bcanfifld proper~ conlahzs pffnme agriculhlral so/Is and Is located in Nrys Agricultural D~rict #1,
The fields are curremly fallow and offer thc public s~g~ficant scenic vis~s of opcn land from State Road
25. The Open Area congmses 28.4 acres of thc propelty.
Subscr~oed to ~lxd swora before me this __ day of FebrumT, 2003
Notary Public
A[laclnnents: (Please initial)
PECONIC LAND TRUST
RECI IVED
2003
Mamh 18, 2003
Southold Town Clef[
Re: Town Board Rcsointions fbr Conservation Easements to Peconic Land Trust
Dear Ms. Neville:
The Peconic Land Trust has been accepting conservation easements on properties i n Suffolk
County since 1983 in thttherance of our n~ssinn to protect open space and farmlmM. The c(mservafion
emsements we hold in Southold Town not only protect properties from substantial residential
development, but uphold Southold's Master Plan and legislation to protect open space, lfistofic districts
and f~and for thc cconomic, aesthetic mhd health benefits of the public.
It would be helpful to us if the Town Board would pass a resolution for each conservation
easement that fur~ers the Town's local legislation by protecting the diverse resources of Southold as
applicable. We enclose for your review, a copy of a draf~ res¢lution for the following property upm~
which an casement has been conveyed to Peco~ic Land Trust as of December 30, 2002:
Property of Merlot, LLC, identified as Suffolk Collnty Tax Map # 1000 75-2-2
Finally, we enclose a copy of the baseline documentation report of the subject property liar the
public record. This reportis requiredby the futernal Revenue Service to substantiate the property's
qualifying characteristics, and therefore, can assisl thc Town Board in thTn' conclusion that this
conservation easerncm yields a significant public benefit.
If you should Nave any questions, or if the Town Attorney needs to modify the draft resolution in
any way, please do not hesilalc m call me at 283-3195. 2hankyou Yery much.
Sinccrcly~
Merlot LLC
Easement
Suf~blk Com'tty Tax Map
# 1000 75 2 2
37.8 Acres
Southold, New York
Pecmxic Land Trust is a nonprofit, tax exempt conservation organization dedicatcd to thc
prese~mation o£ farmlm~d mhd opcn spacc inNew York State. The Trust acquires and
manages and as well as easements for conservation purposes. In addition, thc Trust assists
farmers m~d landowners in the identification mhd implementation o£ alternatives to full-yield
dcvclopment. To date, the Trust has protected over 5,000 acres through testamentaD~ gifts,
conservation easements, and fee o~merstfip.
Merlot LLC Easement
Town of Southold
Suffolk Colmty
_+ 37.8 Acres USGS Quad: Southold. NY
Mcrlot LLC Easement
2OO2
1. North-north-west fi-om south-east comer of cascment area
2. West from south~east comer of casement area
3. Looldng ea~st at proposed deVelopmcnt area
4. Loolckxg east at proposed development area
5. Eastzsouth-east from interior of property looking toward proposcd dcvelopment area
6. North-north-west along eastern boundm'y from north-east comcr of proposed dev. area
11. Southeast fi.om north-east comer o£property
12. East from western boundm~
! 3. South at western bom~dary
14. West at wooded area
15. Looking 7~ori2q-west bom southern bour~d~ry
16. LOOking West along Main mad
Looking North near south4west comer
18. Soutb.-west comer by Main Road:looking Ncn~h east.
I9. Southern boundary looking eas{; along Main Road
2¢. South west eomcz bmmdary lk~ looking nO~th (acigt~l~ eaeroaclnucat).
SUFFOLK COUNTY~ CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Nuznber of Pages:
TRANSFER TAX NUI4~ER: 02-21094
District: section: Block:
1000 075.00 02.00
EXAMINED AlfD CHARGED AS
Deed Amount: $0.00
Recorded: 12/30/2002
At: 03:50:51 PM
LIBER: D00012227
PAGE: 646
Lot:
002.000
FOLLOWS
Received the Following Fees Fon Above Instrument
Exempt
Page/Filing $54.00 NO Handling
COE $5.00 NO NYS SURCHG
TP-584 $5.00 NO Notation
Cert,Copies $9.00 NO RPT
2CT~ $0.00 NO Transfer tax
Comm. Pres $0.00 NO
Fees Paid
A PART OF THE INSTRUMENT
Edward P.Romai~e
County Clerk, Suffolk County
TRANSFER TAX NUb~ER: 02-21094
THIS PAGE IS
Exempt
$5.00 NO
$15.00 N0
$0.00 NO
$30.00 NO
$0.00 NO
$123.00
]z--T- ~ SubToul
%: ib 1,7'7 ~e
Suffolk County Recording & Endorsement Page
CONSERVATION EASEMENT
9L~P-.EA8. the Property is pan of the New York Stale Agnculmml District gl. and the
NOW TI~t£R~FORE:
bound by il
P~B~2I:~ ITE D ACTS
301 Structures
The removal of trees, shrubs, or othe~ vegetaion from thc property shall be prohibited
except as provided in Section 4.04 a*d except as may bc rcquked fyi the cultivation and growth
of grapes
3 /2 Uses
4.01 Owners}ii[/
Grantor shall have ~he right to use file Pmpelly. in .'my mariner and fhr any purpose
consistent with and not prohibit ecl by this Easement us well as applicable local, New York Stare,
or f~deral law
Grantor shal~ have the right to construct no more than four (4) single- Pamily
such ~ealdences including, without/imilation, dr~vev, ays, garages, storage sheds, septic
~y~tem$ gild Ieaching fields, SWillllaing proo[s, pool houses, tennis courls, and other
family scale athletic facilities Grantor shall havc [he fight [o remove trees, slunabs, o~
other vegetation reasonable necessary to eonsu'act o~ repI~ce such single fhmily
residences and appurienant struet.res and improvements All such residences, structures
and improvements shall bt constructed, malntalned ~.lld ~eplaced wilhin the Development
~,z ea as deschbed in SCHEDUZE C.
(ii)
406;and
(iii)
Undergrotmd fa¢ilitics used to supply utilities, septic systems: leaching fields~ and
control stonmwatcr runoff flora the improvements permitted under the tv*ms of
this paragraph A and B
(iv)
D Rcplaccment ~f Structures In Kind
Grantor shall notify Grantee, in wfitlng, befure takiag any action or be!ore exercising any
reserved fight with respect to the Pzoper~y, which could adversely affect the unvlrom~nental,
scenic, open space, and agriculture} va}ues which are the subiect of riffs Easement This includes
rne cmnatmetian of any pcrmmuent or tempora~' str~ctxtres as provided in Section 4.06 her~in,
Grantor shall prey]de Grantee with complete documentation including infozmation on the need
for and use of such srnmmres, and archii¢ctural plar;s of any proposed smt¢tures, which are
subicct to Grantee's approval. Such approval, disapproval or comments of Grantee shag be g~ven
Grantor shall have [he fight to convey all or ar~y pal of its remaining interest in the
Property but o~lly subject to this Easement Grantor shall prompl[y noti~ Grantcc o f any
conveyance of any interest in the Property, including [he full hume arid mailing address of any
trans f~lee, m~d the individual principals thereof} under any ~uch conveyance. Thc instrument of
any such conveym~ce Shall ~pecifieally set forth that the interest thereby etmveyed is subject to
this Easement, without modification or amendnlent of the terms of this Easement, and shall
meorporat~ this Easement by reference, specifically setting roi the date, ef~ee, libor and page of
the recardlng hereof2 The faiiure of any such ins:inmont io comply wi~h the provls[ons hereof
shall not affect Grantee's fights hereunder
AR~LE FIVE
Gl,' ANTOR' g OBLIGATIONS
5 03 Third Pari¥ Claims
G~aator shall indemnii}' and hold Grantee harmless for any liability, costs, attorneys'
fees, judgments, or expenses to Grantee or tiny of its officers, employee~, agents or independent
c~nirac~r$ rusuklng: (a) flora injury to persons or damages to prr>perty arising from any acti~hy
nn the Property, except those duc solely t~0 lhe acts o~the Olante¢, its officers, employeeg~
agents, c~,il[dep*ndent contractors; and (b) from actions or claims of any nature by [hild pariies
arising out u[ ~h~ entering into er exercise of rights under this easement, exce,nting any of those
matters ariiing solely from the acts of Grar~tce, its officers, employees, agents, or independent
ARTICLE SIX
(ii)
(iii)
604 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX shall nor have the
eft~el of waiving or limiting any ot~er remedy or relief, and the failure to exercise or dclay m
Grantee shall have thc right to assign any and all of lis rights and responsibilities under
this Easement, and any and all of its fights, title and interest in and to this Easement only to a
qualified o[ganization (herein called "the Assignee") As used h~ein: the te~m "qualified
organization'~ means a not-for-profit corporation, or a goYerrm~¢nta} unit or agency, which i~
qualified to receive such interests pursuant to A~icle 49 of the New York Envirorunent al
Conservation Law, and is a qualified organization within the meaning o£ S¢ctiun 170(tl)(3) of the
Code, which is o~gar~ized or operated pfimafi]y or substantially for one of'the conse~wafion
purposes spccificd in Scction i70(h)(4)(A) of thc codc. A~y assigmncm by Grantcc or a
gueee~sor Grantee must require the Assignee or Assi_gnee's successors to carry o/11 the purposes
7 08 Warranties
O~t~ ~l~a¥ of~¢ ' ~ t~e yea~ 2002 before me, ~e u~dcvslgnefl, perso~ly
COLrNTS:' OF SUFFOLK ) SS:
TESTIMONY WHEREOF, I HAVE ~ERE~NTO SET MY HAND AN~ ASF~XEO THE SEAL OF SAID
COUN~ANDCO~RTT~S ~O~OAYOF ~&d~
........... ,~,~ ~,¢~t t?t~uu oz me open Area/Agricultural .~rea
vi¸
Schedule A - Description
ALL that certain plot, piece or parcel of land, situate, lying and beipg at Southold, Tewn of Southo!d,
County of Suffolk and State of New York~ bounded and descrthed as follows:
BEGINNING at a point on the northerly side of Main Road where the same is intersected by the
easterly side of land now or formerly of Jacqueline Bauer;
RI~gNNiNG TF/~NCE along said land north 21 detvees 54 ~thnutes 50 seconds west, 225.04 l~et; and
RUNNrlNG TI-~CE south 58 degrees 33 rrdnutes 10 seconds west, [ 83.14 feet to land now or
formerly of Suffolk County & Osprey Dom/nion Co.;
RUNNING TH~NCI5 along said land north 23 degrees 32 tainutes 30 secoads west, 2,358.65 feet t~
the southerly s~de of the Long Island Rail Road;
RUNNING TI-I~NCE along the southerly side of the Long Island Rail Road north 60 degrees 33
mknutas 00 seconds east, 620.76 feet to land now or formerly of Frank
RLrN.~qlNG THENCE along said land south 26 degrees 02 n~nutes 30 seconds east, 2,077.1 $ feet to
land now or forraerly ofJon T. Lake;
RUNNrlNG THENCE along said land and along land now or formerly of Janetre Jerome & Thomas
C. Jerome south g6 degree~ 42 mhmtes 50 seconds east, 3~.(h~:5~ feet to lan~ now or formerly of
Daniel Jerome & Lisa Jerome;
RUNNING THENCE along said land south 6I degrees 35 minutes 00 seconds west, 131.73 feet;
RUNNING THENCE along land nOW or formerly of Celcia Dmello & Leopold Dmello south 59
degrees 05 minutes 00 seconds west, 125.00 feet;
RLrNNING THENCE south 26 degrees 15'minutes 00 seconds east, 175 feet to the northerly side of
Main Road;
RUNNING THENCE along the northerly side of Main Road south 59 degrees 11 minutes 30 seconds
west, 305.54 feet to the point or place of BEGINrN1NG.
ScheduIe B - Description
ALL that certain plot, piece or parcel of land, gituata, lying and being at Southold, Town of Southold,
County of Suffolk and State of New York, bomaded and described as follows:
BEGINNING at a poh~t along the easterly side of land now or formerly of J acqueline Bauer notch 21
degrees 54 minutes 50 seconds west, 225.04 feet from the northerly side ef Main Road;
RUN'N/NG THENCE along the northerly side of land now or formerly oflaoqueline Bauer south 58
degrees 33 minutes 10 seconds west, 183.14 feet to land now or formerly of Suffolk County &
Osprey Dominion Co.;
RU'N'NING THENCE along said land north ~3 degrees 32 minutes 30 seconds west, 2,358 65 tker :o
the southerly side of the Long Island Rail Road;
RUNNING THt~NCE along the ~outherly side of the Long Island Rail Road norib. 60 degrees 33
minutes 00 seconds east, 620.76 feet to land now or formerly of Framk A. ChicanoMcz Eft;
RUgq~"IG THENCE along said land south 26 degrees 02 minutes 30 seconds east, 1138.04 t~et;
RUNNING THENCE south 6I degrees 35 m/nutes 00 seconds west, 259.91 feet;
RL~',rN1NG THENCE south 26 degrees 21 minutes 49 seconds east, 1251.3 ibet; and
RU.vqNING THENCE south 26 degrees i5 minutes 00 seconds east, 175 feet to the northerly s/de of
Main Road;
RUNN~ING THENCE along the norfi~erly side of Main Road south 59 degrees 11 minutes 30 seccmds
west, 50.16 feet;
RL.rNNING THENCE norih 26 degrees I5 minutes 00 seconds west, 178.94 feet;
RUNNING THENCE north 26 degrees 2i minutes 49 seconds west, 202.26 feet;
Rqb~!NING THENCE south 59 degrees 11 minutes 30 seconds west, 225.81 feet;
RUgqN1NG THENCE south 21 degrees 54 minutes 50 seconds east, 159.59 feet to tb.e point or place
of BEGINNING.
Schedule C I - Description
,,kLL that certain plot, piece or parcel of hud, situate, lying and being at Sonthold, Tov, m of Southold,
County of SuffoLk and State Of New YOrk, bounded and described as follows:
BEGDqNq[NG at a point on the northerly side of Main Road where the same is intersected by the
easterly side of la~d now or formerly of Jacqueline Bauer;
RL~NING THENCE along said land north 21 degrees 54 minutes 50 seconds west, 384.63 feet; a~d
right of way;
RLLNN1NG TI-I~NCE along said right of way muth 26 degrees 21 minutes 49 seconds east, 202.26;
and
RL~G TI:~NCE south. 26 degrees 15 minutes 00 seconds ea,qt, 178.94 feet to the northerly' side
of Mm Road;
RLrNN]NG THENCE along the northerly side of Main Road south 59 degrees 1 ! minutes 30 seconds
west, 255.38 feet to the point or place of BEGINN'fiNG.
Schedule C II - Description
ALL that certain plot, piece or parceI of lined, situate, lying and being at Southold, Term of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGLNNING at a point along the westerly side of the land now or formerly of Celcia Dmello &
Leopold Dmello north 26 degrees 15 minutes 00 second west, 175 feet from the northerly side of
Main Road;
RUNNTNG THENCE north 26 degrees 21 minutes 44 seconds west, 1251.3 feet;
RUNNING THENCE north 6I degrees 35 minutes 00 seconds east, 259.91 feet to land now or
formerly of Frank A. Chlcanowicz
RUNN1NG THENCE along said land south 26 degrees 02 minutes 30 seconds east, 939.15feet to
land now or formerly ofJon T. Lake;
R~G TH~'NCE along said land and along land now or formerly of Janerce Jerome & Thomas
Jerome south 26 degrees 42 minutes 50 seconds east, 306.84 feet to land now or formerly of
DmfieI Jerome & Lisa Jerome;
RUNNING THENCE along said lmld south 61 degrees 35 minutes 00 seconds west, 131.73 feet;
RUNNLNG TItENCE along land now or formerly of Celcia Dmello & Leopold Dmello south 59
degrees 05 mhautes 00 seconds west, I25.00 feet to the point or place of BEGINNLNG.
SUFFOLK COUNT'f, NY
JOHN C. EH~ERS ~AND S[IRV~'r~YOR
SUF?OLK COUNTY, NY
'q-~l
Location Page for Photographs
Photographs Taken: September 6. 2002
JOHN C. EHLERS LAND SURVEYOR