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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