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HomeMy WebLinkAboutL 12499 P 272 .J, 'J, ~t z4-CZCJ 2- -r-& \Q THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of /l)McH ,}'/, 2007 at Southold, New York. The parties are ALLAN ARRIETA, c/o Kevin McLaughlin, Esq. 44020C Middle Road, Southold, New York 11971 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee"). GRANT OF DEVELOPMENT RIGHTS EASEMENT ~e c...o IMCJle~ INTRODUCTION () oJ. . [4 ~ l .lz _ OVl5G'n.fl"(/M (If, ~ - oJ ~ . '" WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM# 1000-94-3-1.3 more fully described in SCHEDULE A attached hereto and made a part hereof and shown on the survey prepared by John C. Ehlers Land Surveyor, dated January 30, 2007 and last revised March 5, 2007, and hereinafter referred to as the "P~operty"; and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently undeveloped and in a fallow condition; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource'; and WHEREAS, Grantee has determined it t-o be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of SEVEN HUNDRED AND EIGHTY THOUSAND Dollars ($780,000.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby 1 .. Fidelity National Title Insurance Company TITLE NO. 07-7404-67373-SUFF SCHEDULE A-I (Description) RE-AMENDED 3/8/07 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly side of Oregon Road at the southwesterly comer of the premises herein described; said point being distant the following three courses and distances from the corner formed by the intersection of the northwesterly side of Oregon Road and the easterly side of Elijah's Lane; I. North 53 degrees 08 minutes 10 seconds West along a tie line, 56.81 feet; 2. North 63 degrees 53 minutes 30 seconds East along the northwesterly side of Oregon Road ] 50.00 feet to the' southeasterly comer of premises of land now or formerly of Badagliacca; 3. North 63 degrees 54 minutes 30 seconds East still along the northwesterly side of Oregon Road 216.86 feet to the true point or place of beginning; THENCE North 26 degrees 13 minutes 40 seconds West 224.20 feet; THENCE South 64 degrees 20 minutes 00 seconds West 189.66 feet; THENCE North 25 degrees 40 minutes 00 seconds West 355.20 feet; THENCE South 64 degrees 20 minutes 00 seconds West ]75.00 feet to land now or formerly of Rowehl; THENCE North 25 degrees 40 minutes 00 seconds West along last mentioned land 767.70 feet to land now or formerly of Peconic Land Trust and Town of Southold; THENCE North 63 degrees 25 minutes 10 seconds East along last mentioned land 375.76 feet to land now or formerly of Jorg Menger; THENCE South 26 degrees ]3 minutes 40 seconds East along last mentioned land 1647.96 feet to the northwesterly side of Oregon Road; THENCE South 63 degrees 54 minutes 30 seconds West along the northwesterly side of Oregon Road 25.00 feet to the point or place of BEGINNING. , CO\1.J..c(Ir1IH~ \0.0 ~CV..c, THE POLICY TO BE ISSUED under this commitment wi/i insure Ihe litle to such buildings and improvem~nts on the premises which by law constitute.real property. FOR CONVEYANCING ONLY: Together with all the right. lille and interesl oJthe party oJlhejirst part, oJin and to Ihe land lying in the street in front of and adjoining said premises. SCHEDULE A-I (Descriprion) Rev. (03/04) .. /-