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Home My WebLink AboutConway, George T f) 0/ ,~ ~ '()/ / d)/Sr /000 ,flU!... tJ'3 00 18L/J(; ;(, ~/.iJV LOt . ,) (Y7Cf 3/0 ,S- DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 29th day of December, 1999 BETWEEN GEORGE T. CONWAY residing at 205 Booth Road, Southold, N.Y. 11971 party of the first part, AND the TOWN OF SOUTH OLD, a municipal corporation having its office and principal place of business at Main Road, Town of Southold, County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of $ 10.00 (ten dollars) lawful money of the United States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by O ~ I --- which is meant the permanent legal interest and right, as authorized by section ~()/. .) 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the property described as follows: 1 ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: SCHEDULE A - DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, In the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the westerly side of Horton's Lane at the southeasterly corner of the premises herein described and the northeasterly corner of land now or formerly of W. J. Conway; RUNNING THENCE South 59 degrees 43 minutes 00 seconds West along said land now or formerly of W. J. Conway, 643.24 feet to land now or formerly of Donahue; THENCE northerly along said land now or formerly of Donahue, the following two (2) courses and distances: 1. North 38 degrees 41 minutes 00 seconds West, 524.28 feet; and 2. North 41 degrees 48 minutes 40 seconds West, 300.00 feet to the easterly side of Middle Road (C.R. 48) THENCE North 55 degrees 41 minutes 50 seconds East along said easterly side of Middle Road (C.R. 48), 15.13 feet to land now or formerly of Timothy Scott Gray; THENCE South 41 degrees 48 minutes 40 seconds East aiong said land now or formerly of Timothy Scott Gray, 307.35 feet; THENCE North 54 degrees 25 minutes 40 seconds East still along said land now or formerly of Timothy Scott Gray and later along land now or formerly of James Gray, Jr. and land now or formerly of Pudge Corp., 781.33 feet to the westerly side of Horton's Lane; THENCE South 23 degrees 00 minutes 00 seconds East along the westerly side of Horton's Lane, 410.23 feet to land now or formerly of William Conway (Estate); THENCE along said land now or formerly of William Conway (Estate) the following three (3) courses and distances: 1. South 59 degrees 43 minutes 00 seconds West, 175.00 feet; 2. South 23 degrees 00 minutes 00 seconds East, 140.00 feet; and 3. North 59 degrees 43 minutes 00 seconds East, 175.00 feet to the westerly side of Horton's Lane; THENCE South 23 degrees 00 minutes 00 seconds East along said westerly side of Horton's Lane, 39.06 at the point or place of BEGINNING. TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production as defined herein. AND the party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, succesors and assigns of the party of the first part, tPiilt !he parqlls of real property described herein are open agricultural lands \IJ:{(. c,......'" 5' i. v.u, hl'I1,r> t1.4Y"(.~'t actually used in bona fide agricultural production as defined in GML section 247 3 . w ~-lt- iG.. ~ l\ 5 'l-'6-tA..... It ~ I\~ -r-e~ hI. as shall remain open landsilctually used in bona fide agricultural production. This covenant shall run with the land in perpetuity. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. THE party of the first part and the party of the second part do hereby convenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title to the property described herein may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265,276 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. THE word "party. shall be construed as if it reads "parties. whenever the sense of this indenture so requires. THE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow 4 others to do so; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement after notice. This covenant shall not preclude lawful, normal and proper application of legal fertilizers, pesticides and fungicides for legitimate agricultural purposes. This covenant shall run with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any convenants required by this agreement to be performed by the party of the first part, subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by a party other than Purchaser, its agents or employees, by reason of a violation or non-compliance with any environmental law; or the improper disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or 5 condition of the premises prior to or subsequent to the execution of the deed of Development Rights. This covenant shall run with the land in perpetuity. AS set forth in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. Seller: Purchaser: Town of Southold By: ~ C a:..\.....c- ~V\ \0-1' J N W. COCHRAN, SUPERVISOR 6 12012PG752 . ' . STATE OF NEW YORK) )SS COUNTY OF SUFFOLK) On the~day o~ ' 1999, before me, the undersigned, personally appeared rt& I C-O j.JlJJ personally known to me or provided to me on the basis of satisfactory evidence to be e individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the inst~ ~ .'_'~ Notary Publtc , \tl . MOllY T. PELLICANE Notary Public, Slale of New Vork : Suffolk County-463173O I'IFI " Commission Expires Aprtl 30. 20""" ',~ , , , 'A "",", "_ " ",STATE OF..m;w.;yORK) )SS COUNTY OF SUFFOLK) On the ~ day of /fl.e..~ ' 1999, before me, the undersigned, personally appeared .se4AJ 0 CO(!,f.I personally known to me or provided to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed in the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, ~"-- Notary Pu IC ...................~'l",".._"""'_.,.."......."'"._._ (' ".. ..."...-"....;....1"'..~...::r.~'''; , r IIOUY T. PELLICANE Notary Public, Slsle of New York Suffolk County-4631730 Commission Expires Aprn 30, 20dQ ,'"," , ,- '_"'0 '<"'-"'-'-"'0 "~" .......... "', , ~2 . ~4~.07 ." L".._...." 3 12012PG752 ") $--' >,~~:::.:~<. ~_.ll!~-.;:~ .-;.-:'.~"':::;:- - ........ ...... --.' 1 ." I ~ r: JAN 1; 2DllO TRANS;=ER TAX SUFFOLK COUNTY 24:<,07 RECORDED Number of pages TORRENS Serial # ZUUO JAM I I A q: I I Certificate # '"j :: ~';J;"~,.\IHE :::::Y CLERK Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 FEES Handling ~- ~/ Mortgage Amt. Page / Filing Fee L Basic Tax TP-584 2. Additional Tax Notation RP.T.S.A. ~ ..,.. Jsuo S0/' Sub Total EA-52 17 (County) Reg. Copy SubTotal ~,~ GRAND TOTAL Y L-/ T2 Spec.! Assit. Or Spec. / Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment ~ Transfer Tax '-0 Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. EA-5217 (State) Comm. of Ed. 5 O.JL.. Affidavit --- Certified Copy Other Real Property Tax Service Agency Verification Dist. Section B lock Lot 6 Community Preservation Fund Consideration Amount $ /o;? 9 t-'l-. to 100D 0(.,3.00 O/. 00 00f. oos"" CPF Tax Due $ . roved Initi~ $REr_ JAN 1 1 2000 COMMUNITY PRESEAVA TION FUND V ant Land f- _ID{)/j 7 Satisfactions/Discharges/Releases List Property Owners Mailing Addre RECORD & RETURN TO: ~~ ,~ IV - -r r ~/J " /I 8 Title Company Information ~ tJ// /77/ Co. Name t!-tJ/JitJ?o we t-TH Title # J? () -3 (\ Suffolk Count Recordin & Endorsement Pa e tJooj) , (SPECIFY TYPE OF INSlRUMENT ) D ~ 9 This page forms part of the attached made by: !~T~~ The premises herein is situated in SUFFOLK COUNTY, N(iW YO~ In the Township of ~ In the VILLAGE or HAMLET of :!::z;hLz::i/ BOXES 51HRU 9 MUST BE TYPED OR PRINIED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) ,.f...., .. ',.;. Dear Taxpayer, , Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, vou will now need to contact vour local Town Tax Receiver so that vou mav be billed directlv for all future propertv tax bills. Local property taxes are payable twice a year: on or before January lO'h and on or before May 31 st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (516) 957-3004 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (516) 473-0236 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (516) 324-2770 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (516) 224-5580 dw 2/99 .- _,__ ,~.__.-~",_.__'__o_ " I Ff.8 , 1_ ...",-.., ~ T~~~~.':.iS~Y""s-- ',,^ ~-:~;\i\'~-J c.~T''-'' ..' Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead,N. Y.11901 (516) 727-3200 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelterlsland, N.Y. 11964 (516) 749-3338 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (516) 360-7610 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 Southold Town Receiver of Taxes 53095 Main Road Southold, N. Y. 11971 (516) 765-1803 Sincerely, ~~ Edward P. Romaine Suffolk County Clerk 12.Q104::WV9