HomeMy WebLinkAboutHubbard, Thomas
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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