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HomeMy WebLinkAboutL 12463 P 230 7/28/06 l/24~3 \J Z-30 .' GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the.J.K.... day of :JU I- Y , 2006 at Southold, New York. The parties are RANDY SCOTT SHUR, 4050 Soundview Avenue, Mattituck, New York (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"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located at 4050 Soundview Avenue, Mattituck in the Town of Southoid, Suffolk County, New York, part of SCTM# 1000-94-3-1.6, more fully described in SCHEDULE A attached hereto, made a part hereof and hereinafter referred to as the "Property"; and as shown on the survey dated June 30, 2006 and last dated July 24, 2006 (see lower right hand corner) prepared by John C. Ehlers. WHEREAS, the Property is located in the AC Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town Code of the Town of Southold, Section 100-30; and WHEREAS, the Property contains soil classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Natural Resources Conservation Service 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 in an agricultural capacity; and WHEREAS, the Property is currently in agricultural use as a nursery and row crop farm; 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 agricultural economy; and WHEREAS, the Property in its present scenic, open and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any extensive 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 to 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 Sixty-Seven Thousand One Hundred and Seventy-One Dollars and 80/100 ($767,171.80) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "An annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee ownership and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behaif of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's OwnershiD Grantor warrants to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens except and has the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Puroose The parties recognize the agricultural values of the Property which foster environmental, natural and scenic benefits and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its agricultural values, including its prime, statewide important and unique agricultural soils, by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recoanition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. Grantee makes this determination based on a survey dated June 30, 2006 and last dated July 24, 2006 prepared by John C. Ehlers and an Environmental Site Assessment dated July 24, 2006 prepared by Nelson, Pope & Voorhis, LLC. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 TVDe This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for use other than the agricultural production as that term is presently referenced in Section 247 of the New York General Municipal Law and/or defined in the "Agricultural Lands" Chapter (currently Chapter 70) of the Town Code of the Town of Southold and as provided in this easement. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuais and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, reieases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southoid Town Land Preservation Committee and other applicable provisions of the Town Code and 4.06 of this Easement. For purposes of this Easement, "structure" The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordina Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinas The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 ("Extinguishment of Easement''), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is 72.5 per cent. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: ~s~~ /ANDY COTT SHUR ACKNOWLEDGED AND ACCEPTED: TOWN OZOLDr Grantee BY: "t./Jtr~"",/.L( SCOTT A. RUSSELL, Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this<X'f day of Jl/Aj in the year 2006 before me, the undersigned, personally appeared I!IiIJ1fISCUTTS#r;e-, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuai(s) acted, executed the instrument. .p~t.~ Notary Public STATE OF NEW YORK pt',TPlr;!h. L. FALLON Nr.'~~1'y <, "f ~,,12W York f'Ju. ('1 :io.',;Yi(jjtfS QU3:;;;~,d in S'li1joi!~ CUlIflty Commiasioll Expires April 24, ~7 Stewart Title Insurance Company Title No: ST -8-7365 Policy No.: 0-8831-369143 Schedule A Description (AMENDED 7/26/06) TOWN OF SOUTHOLD PARCEL DEVELOPMENT RIGHTS ONLY. ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, 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 monument at the Southeast comer of Soundview Avenue and from said point of beginning; RUNNING Tl:lENCE along the Southcrly side of a right of way North 49 degrees 52 minutes 20 seconds East 36.09 feet to other lands of the grantor; THENCE along said land: 1) South 26 degrees 02 minutes 10 seconds East 180.64 feet; 2. South 25 degrees 48 minutes 00 seconds East 200.40 feet; 3) North 63 degrees 49 minutes 10 seconds East 324.56 feet to lands now or formerly Jorg Menger; THENCE South 26 degrees 10 minutes 50 seconds East along said lands now or formerly Jorg Menger 1530.85 feet to lands now or formerly Allan Arrieta; THENCE along said lands now or formerly Allan Arrieta South 63 degrees 25 minutes 10 seconds West 375.73 to lands now or formerly Robert G. Rowell!; THENCE Northwesterly along said lands now or formerly Robert G. Rowchl; 1) North 25 degrees 40 minutes 00 scconds West 403.20 feet; 2) North 25 degrees 27 minutes 00 seconds West 824.65 feet; . 3) North 25 degrees 48 minutes 00 seconds West 506.27 feet; 4) North 26 degrees 02 minutes 10 seconds West 171.78 feet to the Southerly side of a right of way, to the point or place of IJEGINNING. Together with a right of way over premises irrevocably offered for dedication in Liber 11749 Page 723 to and from Soundview Avenue. Included in the above described premises is a "Scenic no structure arca" more Particularly bounded and described as follows: ALL that certain plot, piece or parCel of land with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the Northwest comer ofprcmises described herein located the following 3 courses and distanCeS from a monument at the Southeast comer of Soundview Avenue: I. Along the Southerly side of a right of way North 49 degrees 52 minutes 20 seconds East 36.09 teet to other lands of the grantor; 2) South 26 degrees 02 minutes 10 seconds East 180.64 feet; 3) South 25 degrees 48 minutes 00 seconds East 200.40 feet and froln said true point or place of BEGINNrNG. 4) North 63 degrees 49 minutes 10 seconds East 324.56 feet to lands now or formerly Jorg Menger; THENCE South 26 degrees 10 minutes 50 seconds East along said lands now or formerly Jorg Menger 150.00 fect; THENCE South 63 degrees 49 minutes 10 seconds West 325.56 feet; THENCE North 25 degrees 48 minutes 00 seconds West 150.00 feet to the point or place ofBEGrNNlNG. TOGETIIER with all right, title and interest of tJ,e party of the first part, in and 10 the land lyin,g in the street in front of end adjoining said premises. . 111111111111 111111111111111 11111 11111111111111111111111 111111111111 111111111 111I / SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 15 Receipt Number : 06-0076536 TRANSFER TAX NUMBER: 06-00845 Recorded: At: 08/07/2006 05:46:22 PM LIBER: PAGE: D00012463 230 District: 1000 Section: 094.00 EXAMINED AND $767,171.80 Block: 03.00 CHARGED AS Lot: 001. 012 FOLLOWS Deed Amount: Received the Following Fees For Page/Filing COE TP-584 Cert.Copies SCTM Conun.Pres $45.00 $5.00 $5.00 $9.75 $0.00 $0.00 Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT NO Transfer tax NO $5.00 $15.00 $0.00 $30.00 $0.00 Exam]; NO NO NO NO NO Fees Paid $114.75 TRANSFER TAX NUMBER: 06-00845 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County ~ ~ s: ~"~ 2~6 ~ ~ DEPT. OF LAND PRESERVATION [!][i] ~:ECORDE[:r 2CiOE, Hug 07 0.5: 46: 22 F'i'1 Jv.ii, t.h ~i. Pascale CLEf"k: OF ::;UFFOU< COJi'fT\' L D00012463 P 230 DTH 06..008.:15 Number of pages TORRENS Serial # Certificate # PriorCtF. # Deed I Mortgage Instrument Deed I Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page I Filing Fee Handling '/5- ~-~- MOrlgage AmL. I. Basic Tax TP-584 5 JltL 6~ EA-52 17 (County) EA-5217 (State) R_PTSA Sub Total i)F: 2. AddiLiomll Tax Sub Total Spec.lAssit, or Notation Camm. of Ed. 5. 00 Spec. /Add. TOT MTG. TAX Dual Town _ Dual County Held for Appointment Transfer Tax IDrt::m"or Mansion Tax (Drro Affidavit Certified COP~ NYS Surcharge 15 ~ Sub Total 5Q.')Q The property covered by this mortgage is or will be improved by a olle or two family dwelling only. YES or NO 9'l.i Other U. ry- Grand Total_ 91 ~) If NO, see appropriate tax clause on page # ~ of this instrument. 4 ,. S, 1000 09400 0300 001012 5 Community Preservation Fund Real Property Tax Service Agency Verification Consideration Amount $ 7f.:,Z17l io cpr Tax Due $ lex ~..mPT 6 SatisfactionslDischarges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Ilnproved~_ Vacant Land /' TO L / S/I C iJI~E /-(0/118-(:;;</ N , <f j s If /Ih? /'7l1/J /u,. j~Un-//1lY!fJ7Z!A/1 IV'! ESQ. TO TO ) )'1&,5' -LI Title Com Jan Information S -re:zvl),er TI rUE S'r-s- 7d4>-r Suffolk County Recording & Endorsement Page 7 Co. N<lme Title # ____ 1t'iNb'{ SC{).!Y Sl-ffliC_ This page forms part of the attached G~t9NT tf F Il~VtJ/..o/'ml!Nr RI6/./TS EAScll1eNr (SPECIFY TYPE OF INSTRUMENT) mnde by: The Jlremises herein is situated in SlIFFOLK COUNTY, NEW YORK. TO In tile Township of _.~__ /QJ:!.NJ 0 F _Jblrn-lot....!J.______ ]n (he VTl.LAGE or I-IAI\1LET of SJCi l<77/() "--{) /Y)/I"1TI 7Uq( BOXES fi THRU 8 MUST BE TYPED UR PRINTED TN BLACK INK ONLY PRIOR TO RECURDING OR FILING.