HomeMy WebLinkAboutL 12495 P 383 DEF. D
OF
DEVELOPMENT RIGHTS
THIS INDENTURE, made thc 16th daygf February., 2007
BETWEEN MORELL LLC, u New York limited liability company, and OREGON
[..LC. a New York limited liubihty company with offices cio Patriciu Moore. Esq., 51020
Main Road. Southold. New.York 11971. PARTY OF THE FIRST PART
AND the COUNTY OF SUFFOLK, a municipal cor[mration of the State of New York.
having its principal offices at 310 Center Drive, Rivcrhead. New York 11901. PARTY OFTHE
SECOND FART,
WITNESSETI:t'. thai in accordance with THE Suffolk County Multi-Faceted Land
Preservation Program, Resolution No. 459-2001 (5d~ RESOLVED clause) and as authorized by
Chapter 8 of the Suffolk County code, and in accordance with Resolution No. 285-1981. as
amended, and Resolution No. 283-2003 and 1018-2003 of the Suffolk County Legislature. that
the PARTY OF THE FIRST PART. in consideration of ONE Mil.LION ONE HUNDRED
THIRTY ONE THOUSAND EIGHT HUNDRED FIFTY THREE AND 60/IIX) DOLLARS
($1.131.853.00) and other g~'md and valuable consideration paid by the PARTY OF .T. HE
SECOND PART. DO HEREBY GRANT AND RELEASE unto the PARTY OF 'IHE
SECOND PART. the successors and assigns of. the PARTY OF THE SECOND PART forever.
THE DEVELOPMENT RIGHTS, by which is meant the I~rmanent legal interest .'md right, as
authonzcd by §247 of the New York State General Municipal Law. as amended, and I./,x:al Law
16-1981 of the County of Suffolk, as amended, to permil, require or restriCl the usc of the
premises exclusively for agricultural producuon as that term Is defined in Local D,w 16-1981 of
the County of Suffolk. as amended, and the right to preserve opcn space as that term is defined
in §247 of the New York State General Municipal Law, as amended, and the right to prohibit or
rcstrict the use of the premises for any purpose other than agricultural production, to thc
property described as follows:
ALL that piece or parcel of land. situated in the Town of Southold. County of Suffolk.
and Stale of New York, more particularly bounded and described as follows: Isce description
annexed hereto and ma,de a pan bereo~:
BEING AND INTENDED to be pan of the same premises conveyed to Oregon i. LC by
deed datcd June 16, 1998 from Joseph C. Hannabury. Dorothy E. Ruskowski. Mar)., AA.
Hannabury and Patricia Gildersleeve and recorded June 24. 1998 in Liber 11900 cp t132
(T.L.I 1.5 and more) by confirmatory deed from Oregon LLC datcd November 30. 1998.
recorded Augusl 10. 1999 in Liber 11981 cp 632 as to tax lot Ii'ill0-083.00-02.00-011.005p/o
nfl/da 1000-083.00-02.00-012.007
BEING AND INTENDED to be part ofibe same premises cony. eyed to Morcll LLC
by deed dated September 9, 1998 from Michael Makrides, Louis Essman..Frank Tucci and
Frank D. Oliveto and recorded October 9, 1998 in I.iber ! 1922 cp 24 as to tax lot 1000-083.00-
02.00-012.000 p/o n/k/a 1000-083.00-02.00-012.004
TO ['lAVE AND 'FO HOLD thc said DEVELOPMENT RIGHTS in the premises
herein granted unto thc PARTY OF THE SECOND PAR'I'. its successors and assigns, forever:
AND the PARTY OF THE FIRST PART covenants thai th<: PARTY OF THE FIRS'I:.
PART has not done or suffered anything whereby the said premises have heen encumbe~ed in
any way whatever, except as aforesaid. The PARTYOF THE FIRST PART. as a covenant
running with the land in perpetuity, further covenants and agrees for the PARTY OF THE
FIRST PART. :md the heirs, legal representatives, successors and assigns of the PARTYOF
THE FIRST PART. to usc of the premises on and after the date of this inslmment solely for the
purpose of agticuhural production.
THE development rights conveyed hcrein are subject to thc furtber terms and prov,sions .
as set forth in a certain contracl of sale between the PAR'FIES hereto dated February 9, 2~J4, as
the snmc is intcoded to be recorded in t he office of the Suffolk County Clerk prior in lime to this
deed. portions of which as contained herein h:tve and will su~0ive the delivery of this
instrument of convc~ancc.
TIlE PA .RTY OF TITE FIRST PART. ils heirs, assigns and/or puny or panics in lawful
possessi.o.n of the premises subject to this deed ol'developmem rights, pur~uam to lea.~, license,
or other arrangement;covenant and agree IhS[ Ihcy will not re~novc any soil fi'om the prem,ses
described herein. A purpose of Ibis acquisilion is Io prot~x't topsoil by limiting non-agricuhural
)roduction uses of the land. Thc topsoil present on th,' premises consists of primeluniquel
important soil.
THE PA RTY OF TH E FIRST PART, its heirs, assigns and/or party or panics in lawful
possessio..n of. thc premi..sc.s subject Io this deed of developmem fights, pursuant to lease, license.
or other arrangement, covenant and agree that they will (a) nol generate, store or dislx,~ of
haz.'~rdous substances on the prem,ses, nor allow others to do so: lb} comply wilh all
Environmental Laws: (c) allow PARTY OF THE SECOND PART and its agents reasonable
access to Ihe premises for the purposes of ascertaining site conditions and for inspection of the
premises for compliance .w. ith this agreement. Where Federal grants and/or funds arc used
and/or reimbursed to Ihe PURC..H. AS. ER for this acquisition, reprcsentafives of the Untied States
II Department of Agriculture sh,dl al. so h~.ve the fight to enter the property us stated ,n
Ilsubparagraph (c) herein. This covenant shall run with the land in perpetuity. '
THE following covenants shall run with the land in perpetuity and shall be deemed
applicable only if federal funds are in fact received hy the PARTY OFTHE SECOND PART
for the premises:
fi) Contingent Right in the United States of America:
In the event that the PARTY OF THE SECOND PART fuils to
enforce uny of thc terms or this easement (or other interests in
land), ;,s dclcrmined in the sole di~'retion of the Secretary. of the
United Slates Department of Agriculture, the said Secretary of
~Agriculture and his or her successors and assigns sh:dl have the
right to enforce the terms of the easement (or other interests in
land) through any and all aulhofifies available under Federal or
State law.
(ii)
In the event that the PARTY OF THE SECOND PART attcmpts
to terminate, transfcr.'or otherwise divest itself of uny rights,
title, or interests of this easement ('or other intcrests in land) or
extinguish thc conservation cascmcnt (or olher interests in land)
wilhoul the prior consent of the Secretary of the United States
Depanmem of Agriculture and payment pf considcration to the
United States of America. then. at the option of such Secrctury.
all right, title, and interest in this easement (or other interesls in
land) shall become vested in the United States of America.
Unless otherwise agreed to by the PARTY OF THE SECOND
PART, tJnited States of America Commodity Credit
Corporation and the N,Y.S. Departmem of Agriculture and
M'.u'kets, the PARTY OFTHE SECOND PART shall hold title
to any eonservation easement or interest in land. However, title
may be held by the United States of America .;tt the request of
the Secretary of Agricullure upon mutual agn.'ement of the
PARTY OF TH'E SECOND PART, United States of America
Commodity Credit Corporation and thc N.Y.S. Department of
Agriculture and Markels, or when the United States exercises its
contingent right. ,
(iii) PARTY OF THE FIRST PART covenants to manage the
property in uccordunee with a conservution plan Ihat is
dcvclopcd utilizing the standards and specifications of thc
NRCS field officc technical guide and 7 C.F.R.. Pun 12. and is
approved by the Conservation District.
(Al As required by section 12381 of the Food Security Act of
1985, as amended, thc PARTY OF.. THE FIRST PART, its
heirs, successors, or assigns, shall conduct all agriculturul
operations on the Protecte~l Property in u manner consistant
with u conservation plan prepared in consultation with NRCS
and upprovcd by the Conservation District. This conserv-',tion
plan shall be developed using thc stundurds and
slx:cificutions of the NRCS Field Office Technical Guide and
? CFR pan I2 that are in effect on Devclopmcnt Rights on
February 16, 2006. However. the PARTY OF THE FIRST
PART may develop and implement -', conservation plan that
proposes a higher level o.f conservation und is consistent with
thc NRCS Field Office Tcchnicu{ Guide standards and
specifications. NRCS shall havc thc right to enter upon thc
Property. with advance notice to thc PARTY OF THE FIRST
PART, in order to monitor compliance with thc.' conservation
plun.
(B! In.the event of noncompliance with the conservation plan.
NRCS shall work with thc PARTY OF THE FIRST PART to
explore methods of compliance and give the PARTY OF THE
FIRST PART a reasonable amount of time, not to exceed twelve
months, to take corrective action'. If the PARTY OFTHE FIRST
F'ART does not comply with the conservation plan. NRCS will
inlbrm PARTY OF THE SECOND PART of the PARTY OF
THE FIRST PART'S noncompliance, The PARTY OF THE
SECOND PART shall take all reasonable steps (i.ncluding efforts
at securing voluntary compliance and, if necessary., appropriate
legal action) to secure compliance with thc conservation plan
following written notification from NRCS that (al there is a
substantial, ongoing event or circumstance of non.-complianee
with thc conservation plan. {.b) NRCS has worked with the
PARTY OF THE FIRST PART to correct such noncompliance.
and (c) PARTY OF THE FIRST PART has exhausted its appeal
rights under applicable NRCS regulqtions.
(C) If the NRCS st;,nd, ards and specifications tbr highly erodiblc
land are revised after the date of this Grant based on an Act of
Congress, NRCS will work cooperatively with the PARTY OF
THE FIRST PART to develop and implement u revised
con,eva, ion plan. The provisions of this section apply lo the
highly erodible land cofiservution requirements of the Furm and
Ranch Lands Protection Program and are not intended to affect
any other nalural resources conservation requirements to which
the PARTY OF THE FIRST PART may be or become subject..
(iv)
After thc DEVELOPMENT RIGHTS have been acquired by the PARTY
OF THE SECOND PART. any umendments to this Deed of Development
Rights shall be authorized in writing by thc United States of America.
THE following covenants shall run with;'the land in perpeluity and shull be deemed
,pplicahle. only il"New York State funds are in fact received by the PARTY OF THE SECOND
PART For the premises:
ti) After the DEVELOPMENT RIGHTS have been acquired by the PARTY
OF THE SECOND PART. uny amendments to this Deed of Development
3
Rights shall be authorized in writing by thc N.Y.S.I.)cpur~ment of Agri~:ulture
and Markets.
TIlE PARTY OF THE FIRST PART. its heirs, assigns and/or pony or panics in luw£ul
~ssession of thc premiss subject to this deed of development rights, pomuanl tv le.',~, license,
Ir other arrangement, covenant and agree that they sh.'dl del'end, indcmm fy and hold thc PARTY
OF THE SECOND PART and uny of its officers, agcnls, emplc(vees, and. their respective
successors and assigns, harmless from and against any and all d:m~ugcs, claims, losses, liabilities
and expenses, including, without limitation, responsibility for legal, consulti ne. engi nc~:ring and
C)lhcr'costs and expenses which m.'ly arise i~ut of t I I any inaccuracy or misrepresentation in any
representation or warranty made by PARTY OF THE FIRST PART in the subjccl agreement
and/ur this deed; t2) the breach or non-pert'onnance of any covenants required by the subjecl
agreement and/or this deed to be performed by the PARTY OF T! IE FIRST PART. either prier
to or subsequent to the closing of title herein; (3) any action, suit, claim, or proceeding seeking
money damages, injunctive relief, remedial action, or other remedy by reason of u violation or
non-compliance with any environmental law; or lite disposal, dischm'ge or release of solid
wastes, pollutants or hazardous substances: or exposure to :tn), chemical substances, noises ur '
vibrations to the extent they arise from the ownership, oper.',tion, and/ur condition of the
premises prior to or subsequent Io the execution of the deed ot' development rights: or {4) the
acts or omissions or negligence of the PARTY OF THI:. FIRST PAR'I', This covenant shall run
wilh the land in perpetuity.
IF Federal grants and/or funds are used and/or reimbursed lo the PURCHASER for this
acquisition, lhe Llnited States of America shall also be deemed Io be an indemnified p',uly under
the indemnification as stipulated in the preceding paragraph, and the PAR'FY OFTHE FIRST
PART shall also indemnil'y the PARTY OF TIIE SECOND PART and the United States of
America as Io the following:
Violations of any laws and regulations which are now or which may in the future
bet'omc applicable and including, but not limited to the Resource Conmrvation and
Recovery Act. as amended. 42 U .S .C,. 6901 et seq.. the Federal Wate,r Pollution Control
Act, us amended, 33 U.S,C. §1251. e! ~eq.. the Comprehensive Environmental
Response. Compensation and Liability Act as amended, 42 U.S.C. 9601, e~ seq.. the
Toxic Substances Control Act. as umended. 15 U.S.C. 2601, et st'q., the Federal
Inseclicide Fungicide and Rodentieidc Act. us amended. ? U.S.C. 136. et seq.. and the
Safe Drinking Water Act. as umended. 42 ti.S.C. 300f el seq. (2)judgmenls. claims.
demands, penalties or lees assessed .',gamst the United Stales: (3} costs, expenses end
damages incurred by the United States of Americu. or t4! the release or threatened
release of any solid waste, hazardous waste, hazardous substance, pollutant eonlaminant.
oil in any form or petroleum product into the environmenl. This covenant sh:dl run wilh
the land in perpetuity.
Tills conveyance is made in the regular course of business conducted by the Party of
the First Part and upon the consent of all its .managing members and/or members.
THE WORD "PARTY" shall be construed as if it mud "PARTiF. S" whenever the sense
of this indenture so requires.
IN WITNESS WHEREOF. the PARTY OF THE FIRST PART has duly executed this deed
the day and year first above written.
In Presence Of:
MOREI.I.. LLC
~'~Louis C. Corsu
Member/Manager
4
Fidelity National Title lnsnrnnce Company of New York
TITLE NO. 03-3704-$5270-$UFF
AMENDED2/I$/07
PARCEL ONE
ALL that certain plot, piece or parcel of land, situat,-, lying and being in the Town of Southold, County of Suffolk and
State of New York, known and designated aa Lot 4 aa shown on Subdivision Map of Morrell L.L.C Oregon L.L.C and
· filed in the Suffolk County Clerk's Office on 11/14/2006 sa Map No. i 1463, bounded and deans'bed ns follows:
BEGINNING at the comer fom~.d by lhc interseotiun of the northwest~ly aide of Oregon Road with the northe~erly
si. de ofthe 40 foot wide fight o['way as shown on the above mentioned map;
THENCE along the nmOeasterly and s~ull~tstedy and sonthweslerty side oftbe Right of'Way the followin~ 7 courses
and distances:
I. North 46 degrees 39 minutes 50 seconds West 1763.69 feet to a point;
2. Northesat~ly along the at~ ora curve to Ihe right having a radius orS0.00 feet a distance of 78.54 feet to a point;
.3. Norlh 43 de~..~ 20 minul~s 10 sceunds East 271.88 feet to a point;
4. North 59 de~'ess 25 minutes 29 seconds East 356.26 feet to a point;
$. Southeasterly along the a~ ora ourve to the right having a radius ot'50.00 feet a distance of 65.01 feet to a point;
6. South 46 degrees 04 minute~ 40 sanonde East 212.65 feet to a poi~;
7.... North 78 degre~ 26 minutes 44 seconds Eas~ 30.34 feet to tbe division line between Lots 4 and 7;
THENCE $ou~ 46 degrees 04 minutes 40 __,~c_onds East along the last mentioned div~slon line 216.89 feet to the divisiod
I : ! .....
· line between Lois 4 and 8;
THENCE along the last mentioned division line the Following 2 cma-saa and distances:
1. South 44 degrees 15 minutes 35 seconds West 100.00 feet to a point;
2. South 46 dc~es 04 minut_~_ 40 seconds ~ 200.00 feet to tho nc~hw~-Iy side of Oregon Road;
T~ENCE along the no~hwesterly side of Oregon Road the following two coorsas and distances:
1. South 44 degrees 54 minutes 10 seconds West 13027 feet to a point;
2. South 40 degrees 23 minutes 00 aa~nds West 478.92 feet to the point or place of BEGINNING.
PARCEL TWO
ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of ~outhold, County of Suffolk and
State o£ New York, known and designated as Lot 7 as shown on Subdivision Map of Morrell L.L.C Oregon L.L.C and
.filed in the Suffolk County CleriCs Office on 11/14/2006 sa Map No. 11463, bounded and de~n~ed as follows:......- %:,:
BEGINNING nta point on the no,westerly side of O~gnn Road at the division line between Lots 7 and 8 aa showo on
the above mentioned map;
FOR CONPEYANCI N~ ONLY.- Together wJl~ all the Hgk~ #tie and inter~t of the ~ of ~e ~t ~n, of in a~ ~ the ~ ~ng
In ~e ~ ln f~t of ~ ~Join~ ~aid p~m.
Fidelfty National Tffle Insurance Company of New York
TITLE NO. 0 - ?04-55270*St.q
S~HEDULE A-I
THENCE ~ thc l~t mentioned divieion line the following 2 cou~ and distames:
I. North 46 degrees 04 minmes 40 sec, onds West 200.00 feet lo a point;,
2. South 44 degrees I $ minutes 35 seconds West 99.58 feet to the division line between Lots 4 and 7;
THENCE North 46 degrees 04 minutes 40 seconds West along the last mentioned division line 1216.89 feet to the
southerly side of the Right of Way as shown on the above menlioned nmp;
THENCE alon~ said Right of Way the following 3 courses and dlstan~es:
I.' NotCh 78 degrees 26 minutes 44 seconds East 12635 feet to a point;
2. Southeasterly along the are of a curve to the right having a radius of 25.00 feet a distance of 26.31 feet to a point; .
3. Southeasterly and n. orthwest~ly alang th~ are of a curve to the left having a radius of 50.00 feet a distance of 144.15
feet to a point;
THENCE Noflit 78 degrees 26 minutes 44 seconds Est 214.08 feet to land now or formerly of Steele;
THENCE South 48 degrees 18 minutes 30
side ofOmgon Rm,,t; seconds East along the ~ mentioned land 1180.37 feet to the northv,,e~edy
THENCE South 43 degrees 41 minutes 20 seconds West along the northwesterly side of Oregon Road 334.51 feet to the
point or place of BEGINNING.
THE POLICY TO BE I~$IIED umier th,; corem#mere will ins~ the lille to ~ buildings and improvement~ on tke premises which
by. law conm'uu~ eeal propen~.
FOR CON~Y~NClI~ 0~£ ¥: ?ogetb~ v~h all the ~gl~ title and In, erect of the pan of tbe~e~t par~ of ~n and to the land
in the street in front of a~l adjoining said premises. ·
MembedManager
~TATE OF ~J~ )
ss.:
On the ) G, day of ~"'"'~'~- . in thc year 2007, bet'ore me, the
undersigned, personally appe'dmd Louis C. Co]so, ~1:~1:--~:I.= ....... ~1V:' ~':V'~:: :~ ...3
~ 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 Lhat he executed the same in his capacity, and Iha! b.v his signatures on the instrument.
Lhe individuals, or the person upon behalf' of which the individual acted, execuled Ihe
ins. trumenl.
Signature and Of~"~-of Individual '
Taking Acknowledgment
Record and Return to:
NOTARY F~ ~TATE OF NY
NO. MKO~;~O~____ SUFFOLK CTY.
(~}ldd. EXPIRE8 ~q'. 2~ 2OlO
Bob Zaher
Div of Real Properly Acquisition and
ManagememAgept of P-nv. & Energy
H. Lee Dennison Bldg. - 2nd FI.
P.O. Box 6100
Hanppauge, New York 11788
Number ofpases
TORRI~N.~
Serial #
Ce~tiF~t~ #
Prior Ctf. #
Judith ~, Pa~ale
Pase / Filin~ Fee
Notation
EA.~2 17 (ConnW)
~A-=217 (State)
R.P.T. SA.
Cmlned Copy ~.~
RcL C~y
Sub Total
Other ~., ,~b Tmal
I. Basic 'i%x
2. Additio~l T~x
Sub Total
Spec~A~k
Or
Spec./Add.
~'OT. IvITO, TAX ,
Dual Town Dual County
Held for Appe~munent
T.a~rer Tu ~ X om/r~
Mansion Tax '
'l~e prope~ bovmd by this mortpSe is or
will be improved .by a one or two family.
dv~lllns only.
YES : orNO
GRAND TOTAL ~%/.~w ~o'r-T' if NO, see .?~?i~iate
~._~:.:-.. I. ~ .... l_ n~ I
~' I Consideration Amou.~
'~75 ~ooo oe3oo o~o o~0~' cP~
I~thb
IU~,CORD & RETUI~q TO:
County of Suffolk
Dept. of Environment and Energy
Div of Rea] Property Acquisition
· and Management
P.O. Box 6100
100 Veterans Memorial .Highway
Hauppauge, New York ! 1788
· Attn: Bob Zalmr
Suffolk
l'~is page fmms part of the
TO
Vacant Land
Title Company Information
Co. Name
Title #
& Endorsement:
(SPEOFY TYPE OF INSTRUIvn~T )
SUFFOLK COUNt, NEW YORK.
In the Towmhip of .~Cou~ eLJ~
or HAb~.PT of .~
UOXl:-q $ THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR'TO n_~ _ __r33P~NO OR FILING
: :~ (OVERt
Sum~OLK COUNTY' CLEP~K
RECORDS OFFICE
RECORDING PAGE
Type of Instrument1DBEDS/DDD
Number of Pa~es: 8
Receipt ~her : 07-0023040
TRANSFER TAX NUMBER: 06-25757
Dtstr£ctl
1000
Deed ~unt:
Recorded:
At=
LIBER~
PAGEs
Section: Block:
083.00 02.00
EXAMIN~DAND CNAHQED AS FOLLOWS
$1,131,853.60
Received the Following Fees For Above Instrmnent
P~e/Filing $0.00 YES Handling
COg $0.00 YES NYS SRCHG
EA-CTY $0.00 YES EA-STATE
TP-584 $0.00 YES Csrt. Coptes
RPT $0.00 YES BCTM
Transfer tax $0.00 YES Cc~.Pres
Fees Paid
TRANSFER TAX N~MBER:
06-25757
THIS PAGE IS A PART OF THE ZNSTHUMENT
THIS IS NOT A BILL
Judith A. Pascals
County Clerk, Suf£olk county
03/07/2007
02:32150 x~(
D00012495
383
LOt I
012.004
$0.00 YES
$0.00 YRS
$0.00 YES
$0.00 YES
$0.00 YES
$0.00 YES
$o.oo
'.. .:" p~E'~.PmE O~'pRES~S-F[R-~I-~-~W~ING'ON FORM -' ' '
INS~UCTIONS. http~/w~nN.orps.~-~.ny, us or PHONE (518) 47~7222
I FOR COUNTY USE ONLY
ICI. SWlS Ce4e I Y, "~, ~'~, (~, ~, ,~1 I ~ REAL PROPERTY TRANSFER REPORT
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