HomeMy WebLinkAboutL 12506 P 555
,
...:-J
.
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, Is made on the
9'" day of May, 2007 at Southold, New York. The parties are ROBERT
ROWEHL, having an address at 2755 Oregon Road, Mattltuck, New York
11952 (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 In the Town of Southold, Suffolk County, New York, Identified as part
of SCTM# 1000-94-4-2 more fully described In SCHEDULE A attached hereto
and made a part hereof and shown on the survey prepared by Peconlc
Surveyors, P.C., dated March 13, 2007 and last revised April 11, 2007, and
hereinafter referred to as the "Property"; and
WHEREAS, the Property Is located in the A-C Zoning District of the
Town of Southold; and
WHEREAS, the Property contains solis classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture 5011 Conservation Service's 5011 Survey of Suffolk County, New
York; and
WHEREAS, the Property Is part of the New York State.Agrlcultural
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 used as ~, tU """I'D ~~ ; and.
WHEREAS, It Is the policy of the Town of South old, 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 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;
L \ 2SL?/P
rSSS
\..., .'
----, .
, .'
NOW THEREFORE, In consideration of FOUR HUNDRED AND FORTY-
EIGHT THOUSAND Dollars ($448,000.00) 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 "AU
annexed hereto and made a part of this Instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and Interests In connection with It and 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 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 behalf of his legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described In Schedule A, free of any mortgages or
liens and possesses' 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 agricultural lands, open spaces and
natural or scenic resources.
0.03 Purnose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property 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 environmental,
scenic, agricultural, and natural values 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 Recoonltlon
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 the enactment of General Municipal Law Section
247. Similar recognition by the federal government Includes Section .170(h)
of the Internal Revenue Code and other federal statutes.
2
n"'# .__ _n______.._...
Stewart Title Insurance C'ompany
Title No: ST -S-8594
Schedule A Description
(AMENDED 4123/07)
ALL that certain plot, piece Dr plltCel orland, situate, lying and being at MaUituck, Town
ofS6uthold, County of Suffolk and State of New York, being Lot 2 as shown 00 a certain map
entilled, "Minor Subdivision for Robert G. Rowehl filed in the Suffolk County Clerk's Office DO
November 23n1, 1998 as Map No. 10209 more particularly bounded and described as follows:
BEGINNING at a point on the Southeasterly comer of Lot 2 as shown on the aforesaid
filed map, said point and place of beginning being the following two cours!l5 and distances from
the intersection formed by the Northerly line of Oregon Road (North Road) with the Easterly line
ofLot3.Ss.mown 00 the aforesaid field map. Said point io turn is North 53 degrees 08 minules
10 seconds West a distance of 56.81 feet from the intersection formed by the Southerly line of
Oregon Road with the Easterly line of Elijah's Lane;
1. North 25 degrees 40 minutes 00 secoods West a distance of2048.1O feet to a monument;
2. North 25 degrees 27 minutes 00 seconds West a distance of323.77 feet to the point and place
of beginning;
RUNNING THENCE from said point and place of beginning along the Southerly line
of Lot 2'South 65 degrees 36 minules 20 seconds West a distance of396.91 feet;
THENCE North 24 degrees 23 minutes 40 seconds West a distance of 556.29 feet to a
point in the Southerly line or LotI as shown on the aforesaid field map;
TIIENCE North 65 degrees 36 minutes 20 seconds East a distance of386.32 feet to a
point and lattds now formerly of Randy Scott Shur;
THENCE South 25 degrees 48 minutes 00 seconds East a dislance of 55.50 feet 10 a
.. -.-- :-point;'.... ... ..-. -. .
THENCE South 25 degrees 27 minutes 00 seconds East a distance of 500.88 feet to a
point or place of BE GINNING,
- '"
TOGETHER with all right, title and interest of the party of the first pari, in and to the land 1ying
in the street i? front of and adjoining said premises.
.
1111111111111111111111111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Number of Pages: 15
Receipt Number : 07-0049949
TRANSFER TAX NUMBER: 06-34263
Recorded:
At.:
LIBER:
PAGE:
Districts
1000
Sections Block:
094.00 04.00
EXAMINED AND CHARGED AS 1i'0LLOWS
$0.00
Deed Amount:
Received the Following li'ees
.
.. ,
For Above Instrument
Exempt
NO
NO
NO
NO
NO
NO
tax
Page/Filing
COE
TP-584
Cert.Copies
SCTM
. .
Comm;Pres
;.
$45.00
....
$5;00
.....
$5.00
$9.75
$0.00
$0.00
Handling
NYS SRCHG
Notation
RPT
Transfer
Fees Paid
TRANSFER TAX NUMBER: 06-34263
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
OS/23/2007
04.41114 PM
D00012506
555
Lot:
002.000
$5.00
$15.00
$0.00
$30.00
$0.00
$114.75
Exempt
NO
NO
NO
NO
NO
S1"- .5-
Suffolk County Recording & Endorsement Pa
This poge form. pan of the alluched G'AIV T O~ .lJEVEU,P/IJE1Vr R 1c1li!S i:A51!7J'1EN'7- ;kade :
(SPECIFY TYPE OF INSTRUMENT)
IfOBEXr I(dW~IfL. ' Thepremisi.hereiaissiluaredin f);~~'
Number of pages
lURRENS
/
Serial'
Cenific:llc #
Prior Clf. #
Deed . Mortgage Instrument Deed I Mnngage Tax Slilmp
3
FEES
Page I Filing. Fee
Handling
5 .lllL
5_
TP-584
f'otarion
EA-52 17 (Coun,y)
EA-52 I 7 (S'ale)
R.P.l:S.A.
."5
Sub Total
~-
Comm. of Ed.
5 00
Affidavit
Cceni~ ~ q u-
Reg. Copy Sub TOIal
/~
Olher . _:2 Grand Total
4
Block O'/.OD
Real
Property
Tax Service
Agency
Verification
002000
~
SalisfacliunlDisch"'lC5/Release liS! Property Owno", Mailing Address
RECORD & RETURN TO:
m"LJ-SSIj II. S Pi I!Q
T1J(JJIJ OF SdU~LO - LIfND ~/fTI(j 'Ii
S3o?s; hunt: rflS'
f, 0, Box 1/7'1
Sou~o4A, A!'f 1/97/- () 'JS9
7
Co. Name
TItle #
8
. REClJlDEl)
2007 Kay 23 04:41.14 PH
Judilh R. Pascal.
CLERl< OF
SUFfIlJ( COOIlTV
L 000012506
P555
DT' 06-34263
Recording J Filing SlampS
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Tolal
Spec. J A..il.
or
Spec. J Add.
TOT. MTG TAX
Dual Town _ Dual County _
Held for Appointment_
Transfer Tax 0
Mansion Tax
The propeity covered by 'his lROtgagC is
or will be- improved by a one or two
family dwelling only.
YES_orNO_
Tf NO, see approprillle laX clause on
page " of this inst 01.
5
Communit Preservation Fund
Consideration Amount S
CPFTax Due 5
Improved
Vacant Land
m
TO
TO
TItle Company Informalion
11.7" T,T
TO
1OU/;; IJ t" S'd U 71HJLt:>
SUFFOLK COUNTY. NEW YORK.
In lhe Township of SDLlT'UtlL.I>
In the VILLAGE
or HAMLET of
BOXES 6 THROUGH B MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDTNG OR FILING
'_h__'
IfJR7'TI7UC:H