HomeMy WebLinkAboutHubbard, Anne (2)
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: CORRECTION/DEED/DCO
Number of Pages: 7
Receipt Number : 06-0097787
TRANSFER TAX NUMBER: 06-08358
Recorded:
At:
LIBER:
PAGE:
District:
1000
Deed Amount:
Section:
059.00
EXAMINED AND
$0.00
FOLLOWS
Block:
04.00
CHARGED AS
Received the Following Fees For
Above Instrument
Exempt
NO Handling
NO NYS SRCHG
NO EA-STATE
NO Notation
NO RPT
NO Transfer tax
NO
Page/Filing
COE
EA-CTY
TP-584
Cert.Copies
SCTM
Connn.Pres
$21. 00
$5.00
$5.00
$5.00
$5.00
$0.00
$0.00
Fees Paid
TRANSFER TAX NUMBER: 06-08358
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
10/06/2006
09:16:20 AM
D00012472
831
Lot:
009.001
$5.00
$15.00
$75.00
$0.50
$30.00
$0.00
$166.50
Exempt
NO
NO
NO
NO
NO
NO
,
. t
Number of pages
TORRENS
-;
Serial #
Certificate #
Prior Ctf. #
Deed. Mortgage Instrument
Deed / Mortgage Tax Stamp
3
FEES
Page / Filing Fee
( ----
Handling
TP-584
Notation
EA-5217 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
J Certified Copy
Reg. Copy
Other
1000 059.00
4 District Section
Real
Property
Tax Service
Agency
Verification
5. ..iliL
5D
s-'
'Y;.1
30~
Sub Total
5. 00
5/
Sub Total
I S-~
Grand Total
j(C0. )0
(J VJ1
04.00
Block
009.001
Lot
1000 05900 0400 009001
6
Satisfaction/DischargeslRelease List Property Owners Mailing Address
RECORD & RETURN TO:
PATRICIA A. FINNEGAN, ESQ., TOWN ATTORNEY
TOWN OF SOUTH OLD
p.O. Box 1179
Southold, NY 11971-0959
7
Co. Name
Title #
RECORDEC'
2006 Oct 06 09: 16: 20 RI1
Judith R. Pascale
CLERK OF
SUFFOLK COUHT'I
L DOOOI2472
P 831
DT# 06-0:3358
Recording / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec. / Assit.
or
Spec. / Add.
TOT. MTG. TAX
Dual Town _ Dual County _
Held for Appointment -r.-T
Transfer Tax ~
/
Mansion Tax
The property covered by this motgage 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 ins ment.
5
Communi Preservation Fund
Consideration Amount
$ 0
$
!
CPF Tax Due
/6
Improved
Vacant Land
v
TD
TD
TD
Title Company Information
N/A
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached
CORRECTION DEED OF DEVELOPMENT RIGHTS
made by:
(SPECIFY TYPE OF INSTRUMENT)
ANNE A. HUBBARD
The premisis herein is situated in
TO
SUFFOLK COUNTY, NEW YORK.
SOUTHOLD
TOWN OF sonTHOT,n
In the Township of
In the VILLAGE
SOUTHOLD
or HAMLET of
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(nvP.r)
CORRECTION DEED OF DEVELOPMENT RIGHTS
This document shall serve to correct the Deed of Development Rights
recorded on December 28, 2000, in Liber D00012093 at Page 057 as it
pertains to Suffolk County Tax Map Number District 1000, Section
059.00, Block 04.00, Lot 009.001. The required correction is as follows:
there is an error in the legal description for this parcel.
THIS INDENTURE, made this ~ay of September, 2006
between Anne A. Hubbard, residing at 9 Legget Road, Bronxville, New York, party of
the first part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office and
principal place of business at 53095 Main Road, Town of Southold, County of Suffolk
and State of New York, party ofthe second part;
WITNESSETH, that the party of the first part, in consideration of One Dollar 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 ofthe New York State
General Municipal Law, as amended, to permit, require or restrict the use of the premises
exclusively for open space or agricultural production as that term is presently defined in
Chapter 70 of the Town Code of the Town of South old, and the right to prohibit or
restrict the use of the premises and any structures thereon for any purpose other than as
open space or agricultural production, to the property described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold,
Town of Southold, County of Suffolk, and State of New York, being bounded and
described as follows:
1
BEGINNING at a point on the southerly line of Middle Road (C.R. 48) at the
intersection formed by the southerly line of Middle Road (C.R. 48) with the westerly line
ofland now or formerly of Thomas Hubbard, said point and place of beginning north 79
degrees 37 minutes 00 seconds West, a distance of 34.65 feet to the southerly line of
Middle Road (C.R. 48);
THENCE south 54 degrees 25 minutes 40 seconds West, a distance of 418.48 feet
from a point on the westerly line of Hortons Lane;
RUNNING THENCE from said point or place of beginning in a southerly
direction along lands now or formerly of Thomas Hubbard south 35 degrees 34 minutes
20 seconds East, a distance of300.00 feet to a point and lands now or formerly of Francis
Conway and the Town of Southold;
THENCE along lands now or formerly of Francis Conway and Town of South old
south 54 degrees 25 minutes 40 seconds West, a distance of 200.00 feet to a point and
other lands now or formerly of Thomas Hubbard;
THENCE north 35 degrees 34 minutes 20 seconds West, a distance of 300.55 feet
to a point on a non-tangent curve to the left having a radius of 8872.00 feet;
THENCE along said curve to the left having a radius of 8872.00 feet, a distance
of98.94 feet to a point;
THENCE north 54 degrees 25 minutes 40 seconds East still along the southerly
line of Middle Road (CR 48), a distance of 101.06 feet to the POINT OR PLACE OF
BEGINNING.
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;
2
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 ofthe 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 ofthis instrument solely for the purpose of open space or
agricultural production.
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, successors and assigns ofthe party of the first part, that the parcels of
real property described herein are open lands actually used in open space or bona fide
agricultural production as defined in GML Section 247 and shall remain open lands
actually used in open space or 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 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 as open space
or for the purpose of such agricultural production and the grantor covenants and agrees
that the underlying fee title 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
3
replacing or in furtherance of them. The underlying fee may be divided by conveyance or
devise of parts thereof to heirs and next of kin, by gift or will or by operation oflaw, or to
other persons with written recordable consent of the party of the second part. This
covenant shall run with the land in perpetuity.
Nothing contained herein shall prohibit the sale ofthe underlying fee or any
portion thereof.
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 others to do so; (b) comply
with all of the Environmental Laws; allow party ofthe 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. This covenant shall run
with the land in perpetuity.
THE party of the first part, her heirs, legal representatives, successors and assigns
of the party ofthe first part covenants and agrees that she 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 inaccuracy or
misrepresentation in any representation or warranty made by seller in this agreement; (2)
the breach or non-performance of any covenants required by this agreement to be
4
performed by the party ofthe first part, either prior to or 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 reason of a violation or non-compliance with
any enviromnentallaw; 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 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 17 and Chapter 70 of the Town Code ofthe Town of
Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of
these Chapters 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
ofthe Town voting on a proposition submitted at a special or biennial town election. No
subsequent amendment of the provisions of these Chapters 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.
It is further agreed between the grantors and the Town of Southold that, in
addition to the Town of South old having the right to enforce the covenants and
restrictions contained herein the grantors, her heirs, assigns or legal representatives shall
have the right to enforce the covenants and restrictions contained herein.
5
. I
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first written above.
Seller: ~~I.I
Anne A. Hubbard
Purchaser:
By:
Scott . Russell, Supervisor
STATE OF NEW YORK )
\./ ) ss.:
COUNTY OF ~U~ 1ML)
On the ~ay of ~ @'.tVIk.~ 2006, before me personally appeared
ANNE A. HUBBARD, 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 ehalf of which the
individual acted, executed the document.
DYAN C McCUEN
Notary Public, State of New Yorl<
No. 01 MC6069408
Qualified in New York County
COmmission Expires February 4 . 201Q
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
On the 5f<-. day of Or" IJ 1J/lJ , 2006, before me personally appeared
SCOTT A. RUSSELL, 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 document.
Notary *hircd ~ f t!.w~
NOTARY ~~~d5 COOPER
NO. 01 C048225Sftate Of New York
Term Expires 0 . Suffolk Coul](y~
ecember 31, 20~
6