The URL can be used to link to this page

Home My WebLink AboutLieb Vines, LLC ~. . 7ooml?'( .' DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 24th day of January, 2000 BETWEEN Lieb Vines, LLC residing at 14990 Oregon Road, Cutchogue, N.Y., party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office 530"'(5 and principal place of business at Main Road, Town of Southold, County of A Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of $127,210.00 (One Hundred Twenty Seven Thousand Two Hundred Ten Dollars and No Cents) 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 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: 2 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, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. The definition of "Agricultural Production: as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: 3 ,. " Agricultural Production- shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in "agricultural production" shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes." 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. 4 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 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 5 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 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. Lieb Vines, LLC Seller: By: MQI\~ ~~~ IIltdllL/ /-t -tl)-/ /:'-n__ Purchaser: Tl Southold By: ~D CO~~ J w. COCHRAN, SUPERVISOR 6 STATE OF NEW YORK) 00 COUNTY OF SUFFOLK) ~ ~ On the Z C/-!hday of J If./) . , 2000, before me the undersigned, personally 00 appeared:'1P..u"l (J~ t';;;},V'A/l , personally known to me or provided to me on 6 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 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. 1~,~~ )SS KAREN J. ~ -... NOTNlV PUBLIC, Btate aI New """ No 02HA4927028 QuelIfl8d In Suffolk CountY J7 0 CommI8aIon Expires March 21, :!O _ STATE OF NEW YORK) COUNTY OF SUFFOLK) On the 2 L/-!4day of JM" , 2000, before me the undersigned, personally appeared Nd/'k L/e-b , 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 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. )SS ~ KAREN J. HAGENNeW'4tIlk NOTARY "UBLlC, st9a2t~gi9 No. 02HA4 ntY c""',i1:,,d in Su~Olk ~~~.:!O~ Commi:;:;sion Lxplres arc , Suffolk Count Recordin ~/I (SPECIFY TYPE OF INSlRUMENT) LId /l;hPS I L L-L \ . ~2 . .'. . 27593 · AtCfJrED · REM. iSTATE FEe 0 3 2000 TRANSFER TAX SUFFOLK COUNTY 12018PC388 Number of pages Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument !Deed / Mortgage Tax Stamp FEES 4 Page / Filing Fee 27 .....::>~ .5" ..c::>..::> . Handling TP-584 s ~ Notation EA-52 17 (County) EA-5217 (State) S -.::....-> Sub Total 4 L.-. .:::>"'::::> --z.. S' .:::> :::> /5~ R.P.T.S.A. Comm. of Ed. 5~ Affidavit Certified Copy Reg. Copy Other Sub Total lj S. ~..::> GRAND TOTAL J:_2_ U.:::>_ LIJ Real Property Tax Service Agency Verification Dist. Section Block Lot 1L7t:J 1.> '&2,j'CJi7 tJ3",t:JD ool. DOL Satisfactions/Discharges/Releases List Property Owners Mailing Addres RECORD & RETURN TO: -rtJUfr1 0 F t:oufl.ok/ frltLlV? J?"I ~ ~tJuf/.o il; Ivi I F17 ) 8 Title # 9 J I~ECOROED 00 FES -3 PM 3: 21 EDWARD P. :~DrLWIE CLERK MiD REGISTRAR OF SUFFOLK COUHTY Recording / Filing Stamps Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec.! Assit. Or Spec. / Add. TOT.MTG. TAX Dual Town Dual County Held for Apportionment if . Transfer Tax 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. 6 Community Preservation Fund Consideration Amount $ o CPF Tax Due $ $ _ RE~ED FEB 03 2000 oved Va ant Land ~ /0 C~"i.."~.,....,,.. .' PRESEAVA TION FUND / Title Company Information This page fonns part of the attached & Endorselnent Pa e The premises herein is situated in SUFFOLK COUNTY, NEW YORK. t:;O(/ fkJ d (tLl-c-Io9~ - TO J(JWY1d- {:~tJ .J-to.L/ In the Township of In the VILLAGE or HAMLET of made by: BOXES 51HRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER)