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HomeMy WebLinkAboutPage, David & Shinn Barbara . JEAN W. COCHRAN Supervisor GREGORY F. YAKABOSKI TOwN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY Town Hall, 53095 Route 25 P.O. Box I179 SouthoId, New York I1971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Elizabeth A. Neville, Town Clerk From: Gregory F. Yakaboski, Esq. Town Attorney Date: May 8, 2000 Re: SCTM #1000-100-04-003 Page/Shinn -- deed of development rights Attached for filing in your office, please find original deed of development rights dated March 20, 2000, between David Page and Barbara Shinn and the Town of Southold. /md attachment cc: Supervisor Cochran Town Board Dick Ryan, Chairman Land Preservation Committee Melissa Spiro, Sr. Planner John Sepenoski, Data Processing ~~ :xr 1c:cD loo D+ 003. . . icqQ3\/8 DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 20th day of March, 2000 BETWEEN David Page and Barbara Shinn, residing at 19965 Soundview Avenue, Southold, New York 11971, party of the first part, AND the TOWN OF SOUTHOLD, 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 $183,600.00 (One Hundred Eighty-three Thousand Six Hundred 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 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 - DESCRIPl'ION AMENDI!D 312CU2000 AlL that certain plot, piece or parcel of land, situate, lying and being at Matti~ck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point located on the southerly side of Oregon Road distant 662.35 feet easterly from the Intel'liectlon of Oregon Road with the easterly side of Mill Lane, and from said point of beginning continuing along the southerly side of Oregon Road easterly on a course, North 59 degrees 10 minutes 19 seconds East, 500.00 feet to a polnti THENCE southerly along the lands of Page and Shinn, South 21 degrees 27 minutes 00 seconds East, 267.07 feet to a point; THENCE continUing along the lands of Page and Shinn, North 67 degrees 34 minutes 12 seconds E;ast, 135.94 feet; THENCE southerly and parallel being ten (10) feet off the property line of Page and Shinn with Sidor, owner to the east, South 22 dagrees 25 minutes 48 seconds East, 1,239.25 feet to a point; THENCE South 37 degrees 26 minutes 00 seconds West, 50.60 feet to a point and the lands of Courtney and the Town of Southold (having development rights thereto); THENCE westerly, South 64 degrees 19 minutes 00 seconds West, 600.00 feet to the lands of Krupskf and Sidor; THENCE along said lands, North 21 degrees 47 minutes 00 seconds West, 1,492.80 feet to the point or place of BE;GINNING. .' 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, that the parcels of real property described herein are open agricultural lands actually used in bona fide agricultural production as defined in GML section 247 3 as shall remain open lands actually 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: BARBARA SHINN Purchaser: Town of Southold By: ~ C~C-~ JEA W. COCHRAN, SUPERVISOR 6 12032PG228 , . . . . STATE OF NEW YORK) COUNTY OF SUFFOLK) )SS: On the 20th day of March, 2000, before me personally appeared DAVID PAGE, personally known to me or provided 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 U ~ Not~ ~ KAREN J. HAGEN NOrMY PUBUC, State of New "lbItl No. 02HA4927029 a.J1lIed In Suffolk County ~ ClIt.~.IIIIDn ExpnI MIrch 21,20 L.i:.. STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) On the 20th day of March, 2000, before me personally appeared BARBARA SHINN, personally known to me or provided 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person pon behalf of which the individual acted, executed the ins7me t. Notary Public KAREN J. HAGEN NOTARV PUBUC, State of Naw York No. 02HA4927029 a.Jllled In Suffolk County al- Commllllon EllpIIM MarCh 21, 20 STATE OF NEW YORK) COUNTY OF SUFFOLK) )SS: On the 20th day of March, 2000, before me personally appeared JEAN W. COCHRAN, personally known to me or provided 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the municipal c oration upon behalf of which the individual acted, executed the instrum t REN . HAGEN NOT. PUBUC, State of New York No. 02HA4927029 Qualified In Suffolk County 02- Commla&ion Expires March 21, 20 - 12032PC228 [i 35549 . '" ,. Number of pages TORRENS RECEIVED $ 0 REAl. ~~TATe APR 0 4 2000 J RFCn.RoEtf Serial # TRANSFER TAX SUFFOLK OOUNTY 2O_APR -4 ~H I:l: 21 EDWARD P. ROi1AiiE: CLERK OF SUFFOLK COUNTY Certificate # Prior Ctf. # 35549 Deed / Mortgage Instrument Page / Filing Fee Deed / Mortgage Tax Stamp FEES Recording / Filing Stamps 4 Mortgage Amt. Handling TP-584 1. Basic Tax 2. Additional Tax Notation R.P.T.S.A. 5 _ Sub Total 95 IS 3"1/ Sub Total EA-52 17 (County) EA-52l7 (State) 50~ Spec.! Assit. Or Spec. / Add. Comm. of Ed. TOT. MTG. TAX Dual Town Dual County Held for Apportionment e> Affidavit Transfer Tax Certified Copy Reg. Copy Dr) 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. Other Real Property Tax Service Agency Verification Dist. Section Block Lot 6 Community Preservation Fund Consideration Amount $ /f?J", 6,tJ /2 /ll) /NJ,OO eJ'-I1'/Jo oa3,t?IJO CPF Tax Due $ 0 $ ~ElVED 1m oved , i ,/ Va ant Land 7 Satisfactions/Discharges/Releases List Property Owners Mailing Addres "dWn tfSoJkf/v:Jt;'" ECORD & RETU~ TO: 6r-er Lv?---J,tJSfU/ {;SO' /YJaI I{ d - SbLlf/-oU/ NY //97 ) APR 04 2000 T I T . " T;r " I 10 C(y..1MUNrrr PRESERVATION FUND 9 8 Title Company Information Co. Name 6rn Title # 70 .3 Suffolk Count Recordin & Endorsement Pa made by: This page forms part of the attached ~DWY? Do V I i?/ j> ~ fl. ~-t./7 4 13 a-r-b":tf'4 . t:; hi h n TO db , ~/) u l-ho ) c/ The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of SoLl:f/vp k/ Cu-fchc:.;J~ BOXES 5 lHRU 9 MUST BE TYPED OR PRINIED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) In the VILLAGE or HAMLET of Dear Taxpayer, . . Your satisfaction of mortgage has beim filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgagt payment included your property taxes, YOU will now need to contact your local Town Tax Receiver'so'lhatvou may be billed directly for all future orooerty tax bills. Local property taxes are payable twice a year: on or before January 10th 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. I 1757 (516) 957-3004 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. I 1777 (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 IsIip, N.Y. 11751 (516) 224-5580 dw 2/99 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 Shelter Island, N.Y. 11964 (516) 749-3338 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. II 787 (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-o104::~