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HomeMy WebLinkAboutHubbard, Thomas 111111111111111111111I111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument. CORRECTION/DEED/DCO Number of Pages. 8 Receipt Number . 06-0097787 TRANSFER TAX NUMBER: 06-08357 Recorded. At. 10/06/2006 09.16.20 AM LIBER: PAGE: D00012472 830 District. 1000 Deed Amount: Section. 063.00 EXAMINED AND $0.00 Block. 01. 00 CHARGED AS Lot. 001.007 FOLLOWS Received the Following Fees For Page/Filing COE EA-CTY TP-584 Cert.Copies SCTM Comm.Pres $24.00 $5.00 $5.00 $5.00 $5.20 $0.00 $0.00 Above Instrument Exempt NO Handling NO NYS SRCHG NO EA-STATE NO Notation NO RPT NO Transfer tax NO $5.00 $15.00 $165.00 $0.50 $30.00 $0.00 Exempt NO NO NO NO NO NO Fees Paid $259.70 TRANSFER TAX NUMBER. 06-08357 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County - -4 - . Number of pages TORRENS ? Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp 3 FEES Page / Filing Fee ()l{ Handling 5. .iliL ~- 5'0 S " 10)~ 30~ TP-584 Notation EA-5217 (County) Sub Total 39/50 EA-52l7 (State) R.P.T.S.A. Comm. of Ed. 5. 00 Affidavit c () Certified Copy 5.~D Reg. Copy ').?-o . )0 ;)5q i10J (/v-- Sub Total Other IS;-- Grand Total 1000 4 District Real Property Tax Service Agency Verification 063.00 Section 01.00 Block 001. 007 Lot 1000 06300 0100 001007 ~ Satisfaction/Discharges/Release 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 RECORDE[) 2006 Oct 06 09:16:20 RM Judith ~. Pascale CLERK OF SUFFOLK COUNT',' L ['00012472 P 830 [:t T # 06-0:::357 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 cr- Transfer Tax pj M . l' I anSlOn ax 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' trume t. Db 5 Communi Preservation Fund Consideration Amount $ 0 $ W CPF Tax Dve Improved Vacant Land V TD TD TD 7 Title Company Information Co. Name N A Title # 8 Suffolk County Recording & Endorsement Page This page forms part of the attached r()J'''Rr'T'Tn~l n"'E:O OF J;lE"E1.9P}IENT RICIlT~ (SPECIFY TYPE OF INSTRUMENT) made by: THOMAS J. HUBBARD The premisis herein is situated in TO SUFFOLK COUNTY, NEW YORK. SOUTHOLD TOWN OF SOUTH OLD In the Township of In the VILLAGE or HAMLET of SOUTHOLD BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (rwP,Tl 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 056 as it pertains to Suffolk County Tax Map Number District 1000, Section 063.00, Block 01.00, Lot 001.007. The required corrections are as follows: (1) there is an error in the legal description for this parcel; (2) the legal description failed to reference the residential structures existing at the time of the recording of the development rights deed; and (3) the deed failed to contain the required langua.ge reserving Grantor's rights to use, alter, maintain, etc. the residential structures. THIS INDENTURE, made this 'Z ~y of September, 2006, between Thomas 1. Hubbard, residing at 9 Legget Road, Bronxville, New York, party ofthe first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at 53095 Main Road, Southold, Town of South old, County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the fitst part, in consideration of One Dollar and other good and valuable consideration paid by the party ofthe 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 ofthe 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 with the buildings and improvements thereon erected, 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 westerly line ofHortons Lane, said point or place of beginning being south 79 degrees 37 minutes 00 seconds East, a distance of34.65 feet from the southerly line of Middle Road; RUNNING THENCE from said point or place of beginning in a southerly direction along the westerly line of Hortons Lane south 23 degrees 00 minutes 00 seconds East, a distance of281.84 feet to a point and lands now or formerly of Francis Conway and Town of South old; 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 381.29 feet to a point and lands now or formerly of Anne Hubbard; THENCE north 35 degrees 34 minutes 20 seconds West, a distance of 300.00 feet to a point and the southerly line of Middle Road (C.R. 48); THENCE north 54 degrees 25 minutes 40 seconds East along the southerly line of Middle Road (C.R. 48), a distance of 418.48 feet to a point; THENCE south 79 degrees 37 minutes 00 seconds East, a distance of34.65 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; AND the party of the first part covenants that the party ofthe 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 2 heirs, legal representatives, successors and assigns ofthe party ofthe first part, to use the premises on and after the date of this 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 ofthe first part, and the heirs, legal representatives, successors and assigns ofthe party ofthe 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 ofthe first part and the party ofthe 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 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 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 ofthe party ofthe second part. This covenant shall run with the land in perpetuity. 3 The Grantor reserves the right to use the residential structures on the protected property, but only those which were in existence and use prior to and at the time ofthe granting oftbis easement, solely for residential purposes. In connection with such residential use, Grantor may demolish, construct, modernize, alter, maintain, or, in the event of material damage or destruction, replace, only those buildings and other site improvements that are in existence on the date of this Conservation Easement. Any such replacements or improvements shall be sited on the identical footprint of the structure existing at the time ofthe granting of this easement, and the size, height, and design of any exterior construction, renovations or replacement shall be subject to the prior written approval of Grantee. Grantor also reserves a limited right to relocate the footprint ofthe structures in the event of demolition and rebuilding. In such event, Grantor shall maintain the existing side yard setback of 49.9! feet and shall locate the structure at the minimum required front yard setback from Hortons Lane pursuant to the Southold Town Code. In such event, the front yard setback shall not exceed the minimum setback required under the South old Town Code, but upon obtaining any and all necessary regulatory permits, variances or other approvals, may be located at a reduced setback or the setback of the existing structure. Grantor's reservation hereunder is subject to its agreement to accommodate other local zoning or regulatory requests for such replacements and improvements as are required to conform to current regulations and ordinances. Nothing contained herein shall prohibit the sale of the underlying fee or any portion thereof. 4 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 ofthe 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 ofthe premises for compliance with this agreement. This covenant shall run with the land in perpetuity. THE party of the first part, his heirs, legal representatives, successors and assigns ofthe party of the first part covenants and agrees that he shall indenmify 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 (I) any inaccuracy or 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, 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 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 they arise from the ownership, operation, and/or condition ofthe premises prior to 5 or subsequent to the execution ofthe 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 those Chapters shall not thereafter be alienated, except upon the affirmative vote of a majority ofthe 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 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 .ith the land in perpetuity. It is further agreed between the grantors and the Town of Southold that, in addition to the Town of Southold having the right to enforce the covenants and restrictions contained herein the grantors, his heirs, assigns or legal representatives shall have the right to enforce the covenants and restrictions contained herein. IN WITNESS WHEREOF, the party ofthe first part has duly executed this deed the day and year first written above. Seller: ql"l'luot ~......L~ Thomas J. H~ Purchaser: T"~Z"ld By: ~r?-~ Scott A. Russell, Supervisor 6 STATE OF NEW YORK ) ) ss.: COUNTY OF NLw Yoc.lJ On the 2-1t"dayof ~b:{ ,2006, before me personally appeared THOMAS J. 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 u on behalf of which the individual acted, executed the document. DYAN C McCUEN ~ 1 Notary Public, State of New York ~ IV No. 01 MC606940e ublic Qualified in New York County r:cmmi~~inr'> rxpi"e}::'cl,:''t,[-.'.' l.l "11 it I i ..~ -< STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) On the Sft- day of O(~~ , 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. Notary1fblicrh- fJ ~ LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01 C04822563, Suffolk Counll/, Term Expires December 31 , 20~G, 7