Loading...
HomeMy WebLinkAboutBlum, Reynold PDR GREGORY F. YAKABOSKI TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: ELIZABETH A. NEVILLE, TOWN CLERK FROM: GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY DA TE: MARCH 9, 1999 SUBJECT: PURCHASE OF DEVELOPMENT RIGHTS FROM REYNOLD BLUM SCTM#1000-075.00-01.00-P/O 015.001 TITLE NO. FNT 98-15113 Attached please find the original Deed of Development Rights and Development Rights Purchase Agreement with original Suffolk County Recording and Endorsement Page for filing. GFY:ck Att. cc: Land Preservation Committee .' ~.~ DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this eighth day of May ,1998, m A II\) R....(), ( BETWEEN Reynold Blum, residing at P.o. Box 709, Cutchogue, New York, party of the first part, and THE TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its office and principal place of business at 53095 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 often ($10.00) 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 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 properties described in the attached Schedule A. 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 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 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 its 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. AND the party of the first part, covenants in all aspects to comply with Section 3 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: 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 parties covenant and agree that agricultural purposes shall not include land filling or waste disposal on the site. The party of the first part and the party of the second part do hereby covenant 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, except as specifically provided in the purchase agreement, the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265 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 word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. The party of the second part affirms and agrees to be bound by the "Right to Farm" ordinance as now enacted by it. The party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises in a manner inconsistent with that permitted by law, nor allow others to do so; (b) comply with all Environmental Laws; (c) allow the duly " authorized agents of the party of the second part reasonable access to the premises for the purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. Neither the Seller, nor his heirs, successors in interest, successors in title or assignees shall be permitted to remove soil from the property to be covered by these Development Rights. This covenant shall run with the land in perpetuity. The party of the first part, its heirs, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement, 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) the breach or non-performance of any covenants required by this agreement to be performed by the Seller, either prior to or subsequent to the closing of title herein; or (2) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any covenant of this deed. This covenant shall run with the land in perpetuity. However, the personal liability of the party of the first part under this indemnity shall be limited to those acts or omissions committed during the period Seller owns the property. The heirs, successors and assigns of Seller shall succeed to liability under this indemnity for acts or omissions committed during their ownership without further recourse by party of the second part against party of the first part. Development rights acquired by the town pursuant to the provisions of this chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing * IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. 4 *thereon and upon the approval of ~(..4..~- the electors of the town voting on Reynold Blum a proposition submitted at a special or biennial town election. No sub- sequ.ent amendment of the provisions of this subsection shall alter the limitations imposed upon the aliena- tion of development rights acquired by the town prior to any such amendment. This covenant shall run with the land in perpetuity. ~Cuc-~ an W. Cochran, Supervisor Town of Southold DEVELOPMENT RIGHTS PURCHASE AGREEMENT THIS AGREEMENT, t'lade the /tJ~ day OfJ/)tdou- 199~, between REYNOLD BLUM, residing at P.O. rs'6i<J7tJ9~~~tchogue, New York 11935, hereinafter referred to as the "Seller", and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its office and principal place of business at 53095 Main Road, P.O. Box 1179, Southold, New York 11971, hereinafter referred to as the "Purchaser". WITNESSETH 1. The Seller agrees to sell and convey, and the Purchaser agrees to purchase the Development Rights, as hereinafter defined, in 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, more particularly identified as a part of Tax Map Parcel No. 1000-075-01-015.1 on the Town of Southold, Suffolk County Tax Map and more particularly bounded and described as set forth in the description annexed hereto as Exhibit "A". 2. Development Rights, as authorized by Section 247 of the New York State General Municipal Law, as amended, shall mean the permanent legal interest and right to permit, require or restrict the use of the premises exclusively for agricultural production as the term is defined in Chapter 25 of the Southold Town Code, and the right to prohibit or restrict the use of the premises for any purposes other than agricultural production or to subdivide same. By the sale of such Development Rights and interest, the Seller shall be deemed to have covenanted and agreed that the Seller, and the heirs, legal representatives, successors and assigns of the Seller, shall only use the premises on and after the date of delivery of the instrument of conveyance to the Town of Southold for the purpose of agricultural production. Such covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of the instrument of conveyance. 3. The Seller acKnowledges that by the terms of this contract and the declarations in the deed, that it has been informed that neither the Seller, nor his heirs, successor in interest, successors in title or assignees shall be permitted to remove soil from the property to be covered by these Development Rights. The representation is intended to also serve as a covenant running forever with the land in perpetuity as set forth in the deed Exhibit B attached. 4. The power and purpose of the Purchaser is limited to acquiring the Development Rights in land presently used for agricultural production. 5. The price is Seven Thousand Eight Hundred Dollars ($7,800.00) per acre for twenty-three (23) acres. The Seller has had the premises surveyed and mapped by a licensed land surveyor of its choice, at its expense, to identify the acreage an location of the area in agricultural production. The computation of acreage to determine the purchase price does not include land contained in the bed of any easement, public road, private road, or of any area to which any other person or the public may have any rights, but title to the Development Rights to all such area as the Seller may have shall, nevertheless, be conveyed to the Purchaser. There shall be no other adjustments or apportionments. The price shall be payable by Town of Southold check at the time of closing. The licensed land surveyor shall certify the survey to the Town of Southold. 6. The deed shall be in the form attached as Exhibit C, and shall be duly executed and acknowledged so as to convey to the Purchaser, the Development Rights of the said premises, free of all liens and encumbrances, except as herein.stated. If the Seller is a corporation, it will deliver to the Purchaser at the time of the delivery of the deed hereunder a resolution of its board of directors authorizing the sale and delivery of the deed, and a certificate by the secretary or assistant secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with said section. 7. Any sums paid on account of this contract and the reasonable expenses of the examination of the title to said premises and of the survey, if any, made in connection therewith are hereby made liens on said premises, but such liens shall not continue after default by the Purchaser under this contract. 8. The Seller covenants and agrees that except as provided in Paragraph 26 of the Contract, the underlying fee title retained by the Seller may not be subdivided into plots by the filing of a subdivision map pursuant to Section 276 and 277 of the Town Law and/or under Section 335 of the Real Property Law. 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. Subdivision shall also be defined to include the division of the land covered by the Development Rights into two or more parcels in whole or in part. The provisions of this section shall survive delivery of the instrument of conveyance and shall be considered a covenant running with the land in perpetuity and shall be binding upon the Seller, its heirs, successors and assigns, and shall inure to the benefit of the Purchaser and its successors and assigns. 9. Said Development Rights to the premises herein are to be conveyed subject to: (a) any state of facts an accurate survey may show, providing same does not render title to the Development Rights unmarketable; (b) covenants, easements, restrictions of record, if any, provided same do not prohibit the use of the premises for agricultural production as defined herein, and further provided that such covenants, easements or restrictions do not diminish the approved appraised value of said property. 10. The Purchaser may make its determinations of whether the premises are free from all encumbrances, on the basis of its own examination of the title, or that of its agents, or a title report of a member company of the New York Board of Title Underwriters, and may require the 2 .'\ Seller to clear title exceptions raised to the satisfaction of the Purchaser and, if any is involved, the title company. 11. If, at the date of closing, there may be any other liens or encumbrances which the Seller is obligated to pay and discharge, the Seller may use any portion of the balance of the purchase price to satisfy the same, provided the Seller shall simultaneously either deliver to the Purchaser at the closing of title, instruments in recordable form and sufficient to satisfy such liens and encumbrances of record together with the cost of recording, or filing said instruments. The Seller agrees to sign such proper vouchers for the closing check(s) as may be requested by the Purchaser at least two weeks prior to the date fixed for closing. The Purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the closing separate checks as requested, aggregating the amount of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to title if the Seller shall comply with the foregoing requirements. 12. If a search of the title discloses judgments, bankruptcies or other retums against other persons having names the same or similar to that of the Seller, the Seller will, on request, deliver to the Purchaser an affidavit showing that such judgments, bankruptcies or other retums are not against the Seller, if such is the case. 13. In the event the Seller is unable to convey title in accordance with the terms of this contract, the sole .Iiability of the Seller will be to pay the cost of examining the title, by the Purchaser, the Purchaser's agents, or by the Purchaser's title company, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the cost of any survey made in connection therewith incurred by the Purchaser and upon such payment being made, this contract shall be considered canceled. 14. The deed shall be delivered at the office of the Town Attomey, 53095 Main Road, Southold, New York 11971 or at such other place as may be agreed upon by the parties, at 10:00 o'clock in the forenoon, on or before 30 days from the date this contract is executed, subject to a survey guaranteed to the Town of Southold pursuant to paragraph 5 herein first being received. 15. The parties agree that no broker brought about this sale and the Seller agrees to hold the Town of Southold harmless and to indemnify the Purchaser for any claims for brokers commissions arising out of this transaction. . 16. The Seller represents that the premises are agricultural land used for bona fide agricultural production as defined herein. At no time, to the Seller's knowledge, has the premises been used for the generation, storage, or disposal of hazardous substances, or, as a landfill or other waste disposal site. There are not now, nor have there ever been, underground storage tanks, to the Seller's knowledge, on the premises. J '. 17. The Seller represents that there are no actions, suits, claims or proceedings seeking money damages, injunctive relief, remedial actions or any other remedy pending or threatened relating to a violation or non-compliance with any Environmental Law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent the same arise from the condition of the premises or Seller's ownership or use of the premises. 18. The Seller represents that no consent or approval is needed from any governmental agency for the transfer of the Development Rights from Seller to Purchaser, and neither the execution of this agreement, nor the closing of title, will violate any Environmental Law. 19. The Seller 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 Environmental Laws; (c) Allow Purchaser's duly designated agents reasonable access to the premises for the purposes of ascertaining site conditions and for the inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 20. It is understood and agreed that all understandings and agreements had between the parties hereto are merged in this contract, which, with the exhibits, fully and completely expresses their agreement, and thatthe same is entered into after full investigation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. 21. Seller shall give the indemnification set forth in the deed attached as Exhibit C for adverse environmental condition. 22. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. 23. A copy of Chapter 25 of the Southold Town Code, annexed hereto as Exhibit "8", is incorporated by reference herein and made a part hereof, and the seller agrees and acknowledges that hislherlits successor(s) in interest, grantees, heirs and assignees shall be bound thereby by all its terms, provisions and conditions as they now exist. This covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement. 4 24. If two or more persons constitute either the Seller or the Purchaser, the word "Seller" or the word "Purchaser" shall be construed as if to read "Sellers" or "Purchasers" whenever the sense of this agreement so requires. 25. It is understood and agreed by and between the parties to this contract that the Seller has retained or will retain 2 acres of his property and exclude said portions from this sale to the Town of Southold. The Town of Southold recognizes that in the future, the owner may apply to subdivide and/or develop these 2 acres separately from the development rights parcel. Seller does hereby covenant and agree that no application for the erection of a residential dwelling will be made to the Purchaser as to those areas not retained by the Seller and the subject of the Development Rights, by themselves or their heirs, successors or assigns. Said covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement. 26. The Town of Southold may use federal or state money to purchase the property, and may incorporate into each conveyance instrument in which federal funds are used as part of the acquisition, a contingent provision allowing the United States of America to take title to the development rights should the town fail to enforce them or try to divest itself of title without the consent of the federal govemment. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto the day and year first above written. s6~;J~~ by: ~D ~ Je W. Cochran, Supervisor Purchaser ATTEST: APPROVED AS TO FORM L.,,~ Q Town Al1.om~y PAblum.DOC 3/11/98 5 ... FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9815113 SCHEDULE A 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: BEGINNING at a point on the easterly side of Peconic Road at the northwesterly corner of land now or formerly of Raymond M. Realty Corp.; THENCE North 43 degrees 43 minutes 38 seconds West along the easterly side of Peconic Lane, 436,35 feet to land now or formerly of the Town of Southold; THENCE along the last mentioned land the following two courses and distances: 1. North 37 degrees 48 minutes 22 seconds East, 408.00 feet to a point; 2. North 43 degrees 43 minutes 38 seconds West, 250.00 feet to land now or formerly of School Dist. #5; THENCE along the last mentioned land the following 2 courses and distances: 1. North 37 degrees 48 minutes 22 seconds East, 80.07 feet to a point; 2. North 43 degrees 49 minutes 20 seconds West, 144.20 feet to land now or formerly of Quinn; THENCE North 38 degrees 00 minutes 44 seconds East along the last mentioned land and along land now or formerly of Quinn, 279.57 feet to land now or formerly of Chichanowicz; THENCE North 37 degrees 43 minutes 39 seconds East still along land now or formerly of Chichanowicz, 470.42 feet to land now or formerly of Chichanowicz and the Town of Southold; THENCE South 38 degrees 13 minutes 51 seconds East still along land now or formerly of Chichanowicz and the Town of Southo1d and along land now or formerly of Dunhuber, 1207.60 feet to the northerly side of Main Road; THENCE along the northerly side of Main Road, the following 2 courses and distances: 1. Westerly along the arc of a curve to the left having a radius of 2265,61 feet a distance of 360.50 feet to a point; - continued on next page - --I . FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9815113 S C H E D U LEA (continued) 2, South 34 degrees 56 minutes 08 seconds West, 78,05 feet to other land of Reynold Blum; THENCE along the last mentioned land and along land now or formerly of Raymond H. Realty Corp, the following 2 courses and distances: 1. North 43 degrees 43 minutes 22 seconds West, 247.36 feet to a point; 2. South 46 degrees 16 minutes 38 seconds West, 674.59 feet to the easterly side of Peconic Lane, the point or place of BEGINNING. FOR CONVEYANCING ONLY The policy to be issued under this report will insure the title to such buildings and improvements erected on the premises which by law constitute real property. TOGETHER with all the right, title and interest of the party of the first part, of, in and to the land lying in the street in front of and adjoining said premises. U941pC128 STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On the eighth day of May, 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared Reynold Blum, personally known to me or proved 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. IJm;,;;---Jt ~/I^ Notary Public - PATRICIA L FALLON Notary Pubhc, State of New York No 4950146 Qual,f,ed In Suffolk Counly CommIssion Expires April 24, l'i"'11 ST ATE OF NEW YORK) )ss COUNTY OF SUFFOLK) On this eighth day of May, 1998, before me personally came JEAN W. COCHRAN, to me known, who being by me duly sworn did depose and say that she resides at Boisseau Avenue, Southold, New York; that she is the Supervisor of the Town of Southold, the municipal corporation described in and which executed the above instrument; that she knows the seal of said corporation, that the seal affixed to said instrument is such corporate seal, that it was affixed by order of the Town Board of said corporation; and that she signed her name thereto by like order. ~rA//l a._ :re_nj/~ Notary Public ELIZABETH ANN NEVIlle Notary Public. State of New York No. 62-8125850, Suffolk Co\l!lIY Term Expires October 31. 1~ , . . . . ..... 11941PL128 . · 24927 o Rf:CORDF'n ",." L. Number of pages TORRENS IJ- RECEIVED $ () REAL ESTATE JAN 2 2 1999 I TRANSF:::R TAX SUFFOLK COUNTY 24927 99 JAN 22 PH 3: 09 tOWARD P RO SUFrCLERK OpAINE 01 K CO m . ':_--.. UNTY D ,m @ [L t . ! I , FEB 2 61999 Serial # Certificate # Prior Clf. # Deed I Mortgage Instrument Deed I Mortgage Tax Stamp FEES TOWJIM.U~~.P$ To~~eOtht,,~ :: Page I Filing Fee ~.- K._ 7':_ Mortgage Amt Handling 1P-584 1. Basic Tax 2. Additional Tax Notation Sub Total EA-5217 (County) EA-5217 (State) R,P.T.S.A, ",/ ':J ;;/ _ Sub Total .)0. /-S: (XL , ........J - ,~.- GRAND TOTAL 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. Comm, of Ed. 5 ..!!2.- Affidavit Certified Copy Reg. Copy Other Sub Total Real Property Tax Service Agency Verification Dist. Section Block Lot f',o OIS:OO TItle Company Infonnation tJ7T1J o :S.N) 01. bV h"F.t..rry JlUJr/OA/A/. t;r~ Company Name !-;)6-1q rIVTfJ?'- IS I/.., Title Number ($..ee-q Y!tK'IS"SK / J ,e-SQ. 1tJWN ()F StJwn-lO.L.[J PO. Bo~ /171 SbUrlf()J./) IV Y //'17/ FEE PAID BY: Cash Check J( Charge Payer same as R & R (or if different) NAME: hlJeury /II;;T/ON4t../I r(..~ AI>DRESS: //'1-'1 chI) eru.vr,c'f RLl, R/I/6R Hlr,tUj . N Y / /'14 / .. RECORD & RETURN TO (ADDRESS) Suffolk County Recording & Endorsement Page This page fonus part of the attached })ee7l t'J;:: IJl:V~Lo.P/YJ€.vr ~/G#T..S (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of JOt.lrllOL./l made by: ((IZYNO/...i) Eu..tff} TO 'JI.Ie r;; <<I AI I'J F S~/.o( rlhll..{) In the VILLAGE or HAMLET of Pe:CONIC BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, 12.ot04..2lHMcI