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(CORRECTION INSTRUMENT INTENDED TO CORRECT NUMERICAL ERROR ON
PAGE 1. 4th 'WHEREAS' CLAUSE. 6th LINE) on deed dated October 19, 2006 and recorded
on II J~ IOh at Liber 0000121#1.1 page 32Li
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GRANT OF DEVELOPMENT RIGHTS EASEMENT
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THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the 28th day of
December, 2006 at Southold, New York. The parties are BADENCHINI
FAMILY UMITED PARTNERSHIP, having an address of 37 Countisbury Avenue, North
Valley Stream, New York 11580 (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 consisting
of 23.75 acres located at 6375 Oregon Road, Cutchogue in the Town of Southold,
Suffolk County, New York, part of ScrM# 1000-95-1-5, 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 February 11, 2005 and last revised
September 20, 2006, prepared by James B. Behrendt, L.L.S.
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 280-12. The Property is
designated as part of Suffolk County Tax Map Parcel Number 1000-95-1-5; and
WHEREAS, the Property contains soils acres of 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 Federal Farm and Ranch Lands Protection Program's purpose is
to purchase conservation easements on land with prime, unique, or other productive
soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16
U.S.c. 3838h and 3838i). Under the authority of the Farm and Ranch Lands Protection
Program, the United States Department of Agriculture Natural Resources Conservation
Service (hereinafter the "United States" or "NRCS") has provided $325,950 to the
Grantee and for the acquisition of this Easement, entitling the United States to the
rights identified herein.
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 row crops; 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 and agricultural condition has
substantial and significant value as an aesthetic and agricultural resource in that 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,
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PAGE 01
Stewart Title Insurance Company
Title No, 25-8-0735
Schedule A Description
All that certain plot, piece or parcel of land lying and beU1fj at Cutchogue, in the Town. of
Southold, County ofSui'folk and State of New York, being bounded and described as follows;
BEGINNING at a monument set on the northerly side of Oregon Road (North Road) distant
2667 feet (more or less) westerly from the comer fonned by the intersection of the westerly side
of Duck Pond Road and the northerly side of Oregon Road (North Road);
RUNNING THENCE along the northerly side ofOregOI1 Road (North Road) South 59 degrees
13 minutes 00 seconds West, 209.60 feet to the Easterly side ofan easement;
THENCE along said easement 1) North 33 degrees 58 minutes 30 seconds West 582.85 feet; 2)
South 56 degrees 01 minutes 30 seconds West 10.00 feet; 3) North 33 degrees 58 minutes 30
seconds West 2643.71 feet to a monument and land now or formerly Manzi Homes Inc.;
THENCE North 58 degrees 03 minutes 35 seconds East, 311.28 feet to a concrete monument
and land now or formerly of Wood haven Manor Realty Corporation, File No. 9864;
THENCE along said land South 34 degrees 44 minutes 10 seconds Balit. 2984.97 feet to a
concrete monument and land now or formerly of Keleski;
THENCE along said lalld South S9 degrees 13 minutes 00 seconds West, 135.00 feet to a
concrete monument;
THENCE still along said land now or formerly of Keleski South 34 degrees 44 minutes J 0
seconds East, 250.00 feet to the concrete monument first above-mentioned. to the point or place
of BEGINNING.
TOGETHER with all right, title and interest of the party Mtlle first part, ill and to t.lJc land ISing
in the street ill front of and adjoining said premises.
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 Six Hundred Fifty One Thousand Nine
Hundred Dollars ($651,900.00) 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 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 behalf of his legal representatives,
successors and assigns, hereby covenants and agrees as follows:
0.01 Grantor's Ownership
Grantor warrants to the Grantee that Grantor is the owner of the Property described in
Schedule A, free of any mortgages or liens except as set forth in Stewart Title Report #
25-5-0735 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 open spaces and natural or
scenic resources.
0.03 Puroose
The parties recognize the environmental, natural, scenic or agricultural values of
the Property that foster 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 scenic, agricultural, environmental and natural 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 Recognition
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
2
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
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Sa t!r1H t-~ NY
Suffolk County Recording & Endorsement Page
Corrcd-r~ ~"~~adebY:
(SPECIFY TYPE FINSTR NT) (~_
1J 1)-f}~f.J ~1H,v1. ~ Ii- Y The premises herein is situated in
411 fr eo jJ4fU1V ei2SJI; p SUFFOLK COUNTY, NEW YORK
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Number of pages
TORRENS
Serial #
Certificate #
Prior CtL #
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
FEES
3
,
.I .,
Page / Filing Fee
f
Handling
5. 00
TP-584
550
SS6i-
Notation
EA-52 17 (County)
EA-5217 (State)
Sub Total
R.P.TS.A.
~
Comm. of Ed.
5. 00
/0, If)
N
urcharge
15. 00
Sub Total
Other
Grand Total
4 Dist. /000 Section OtIs; Of} Block oj. OJ)
Real Property
Tax Service
Agency
Verification
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qf 1>-1. u' ,
.Q:' SUFFOLK
~ COUNTY~
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7
1/171- Df's,!
Co. Name
Title #
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This page forms part of the attached
TO ,
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In the Township of
In the VILLAGE
or HAMLET of
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Recording 1 Filing Stamps
Mortgage Amt.
I. Basic Tax
2. Additional Tax
Sub Total
Spec.! Assit.
or
Spec. / Add.
TOT. MTG. TAX
Dual Town _ Dual County
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage 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 instrument.
5 Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved
Vacant Land
TD
TD
TD
Title Com an Information
CoTC4H; VU~
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
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1111111111111111I11111111111111111111111111111111111111
1111111111I11111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Number of Pages: 16
Receipt Number : 07-0004883
TRANSFER TAX NUMBER: 06-19759
Recorded:
At:'
01/17/2007
02:37:38 PM
LIBER:
PAGE:
000012487
622
District:
1000
Section:
095.00
EXAMINED AND
$0.00
Block:
01. 00
CHARGED AS
Lot:
005.001
FOLLOWS
Deed Amount:
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $48.00 NO Handling $5.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $5.00 NO Notation $0.50 NO
Cert.Copies $10.40 NO RPT $30.00 NO
SCTM $0.00 NO Transfer tax $0.00 NO
Conun.Pres $0.00 NO
Fees Paid $118.90
TRANSFER TAX NUMBER: 06-19759
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
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Iru FEB 1 4 1f:fJ7 ~
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alPr Of lAND
pF\ESrRVATION
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