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::~