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HomeMy WebLinkAboutL 12477 P 324 .......C!. -\ 10/05/06 GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVElOPMENT RIGKTS EASEMENT, Is made on the...iJl.day of October, 2006 iIt Southold, New Yortc. The parties are BADENCHINI FAMILY UMITED PAlUNERSHIP, having an address of 37 Counllsbury Avenue, North Valley Stream, New York 11580 (herein called "Grantor"), and the TOWN OF SOl1TliOlD, a municipal corporatton, having Its principal olllce iIt 53095 Main Road, P.O. Box 1179, SouthoId, New York (herein call "Granteej. INTRODUCTION mfEREA5; Grantor Is the owner In fee simple of certain real property conslsllng of 23.75 acres Ioc:aled at 6375 Oregon Road, Cutchilgue In the Town of Southo/d, SufI'oIk County, New York, part of SCTM# 1000-95-1-5, more fully descrtbed In SOlEDULE A attached hereto, made a part hereof and hereinafter I el'erTed to as the "property"; and as shown on the survey dilted Febnlary 11, 2005 and last revised 5epb!mber 20, 2006, prepared by James B. Behrendt, LLS. WHEREAS; the Property Is located In the AC Zonlng D\Sbict of the Town of Southold which deslgnaUon, to the extent possible, Is Intended to prevent the unnecessary loss of!f1ose 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 deslgnilted as part of Suffolk COunty Tax Map Parcel Number 1000-95-1-5; and WHEREAS, the Property contains soils acres of soil dasslfted as Cli155 I and Class n worthy of conservation as ldenUfled by the United S\:lItes Department of Agriculture Natural Resources COnseMtlon Service SoIl SUrvey of SUI\'oIk COunty, New York; and WHEREAS, The Federal Farm and Ranch Lands PI oteclIon Program's purpose Is to purchase conservation easements on land with prime, unique, or other productive soil for the purpose of protecting lDpSOlI from converslon to nonagricultural uses (16 U.S.c. 3838h and 383BI). Under the authority of the Farm and Ranch Lands ProtectIon Program, the United SI:iIteS Department of Agriculture Natural Resources COnservation Servtce (hereinafter the "United SliIteS" or "NRCS1 has provided $356,250 to the Grantee and for the acquisition of this Easement, entitling the United StiItes to the rights identified herein. WHEREAS,. the Property Is part of the New Yortc State Agricultural District #1, - and the Grantor wishes to continue using the Property In an agricultural capadty; 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 prolI!d: 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 s1gnlftcant Yillue as an aesthetic and a9rlcultural resourte In that It has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the Yillue and spedal character of the region In which the Property Is located, and Grantor and Grantee have, In common, the purpose. and objective of protecting and conservtng the present state and Inherent, Stewart Title Insurance Company Title No: 25-8-0735 Schedule A Description All that certain plot, piece or parcel ofland lying and being at Cutehogue, in the Town of Southold, County of Suffolk 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 fect (more or less) westerly from the comer formed 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 of Oregon Road (North Road) South 59 degrees 13 minutes 00 seconds West, 209.60 fcetlO the Easterly side of an easement; THENCE along said casement I) North 33 degrees 58 minutes 30 seconds West 582.85 feet; 2) South 56 degrees 01 minutes 30 seconds WcstIO.OO feet; 3) North 33 degrees 58 minutes 30 sc:c:onds 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 Woodhaven Manor Realty Corporation, File No. 9864; THENCE along said land South 34 degrees 44 minutes 10 seconds East, 2984.97 feet to a concrete monument and land now or formerly of Kc1eski; THENCE along said land South 59 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 10 seconds East. 250.00 fcetto the concrete monumentlirst above-mentioned. to the: point or place of BEGINNING. TOGETHER with all right, tide and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. tangible and Intangible values of the Property as an aesthetic, natural, scenic and agricuftural nesounoe; and WHEREAS, Grantee has determined It to be desirable and beneficial and has requested Grantor, for Itself and Its sua:essors and assigns, to grant a Development Rights Easement to Grantee In order to restrlct the further development of the Property while permitting tOmpatible uses thereof; NOW THEREFORE, In tOnslderatlon of Six Hundred Fifty One Thousand Nine Hundred Dollars ($651,900.00) and other good and valuable tOnslderatlon paid to the Grantor, the recelpt of which Is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and tOnvey 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 "A" 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 sua:essors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, Its legal rep, esentatllles, sutOesso's and assigns, the fee ownership and the exclusive right of occupancy and of use of the Property, subject to the limitations, tOndition, tOYenants, agreements, provisions and use restriction hereinafter set forth, whld1 shall tOnstltute 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 tOYenants and agrees as follows: 0.01 Grantor's Ownershlo 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 TltIe Report # 25-5-0735 and poss the right to grant this easement 0.02 Grantee's Slatus Grantee warrants and represents to Grantor that Grantee Is a munldpal corporaUon 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, tOYenants, and other tOntractual rights which may be necessary or desirable for the preselVatIon and retention of open spaces and natural or scenic nesources. 0.03 Pl.......... The parties retOgnlze the environmental, natural, scenic or agricuftural values of the Property that foster and have the tOmmon purpose of preserving It1ese values. ThIs Deed Is Intended to tOnvey 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, Indudlng Its prime, statewide Important and unique agricultural soils, by preventing the use or development of the Property for any purpose or In any manner tOntrary to the provisions hereof, In furtherance of federal, New York State and local tOn5elVatlon policies. 0.04 Governmental DlllNV'Inltlon New York State has retOgnlzed the Importance of private efforts to preselVe rural land In a scenic, natural, and open condition through con5elVatlon restrictions by enactment of Environmental Conservation Law, ArtIcle 49-0301, et. seq. and General 2 tangible and intangible values of the Property as an aeslhellc, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined It to be desirable and beneficial and has requested Grantor, for Itself and Its SUa:es5OlS and assigns, to grant a Development RIghts Easement to Grantee In order to restrict the further development of the Property while pennlltlng compatible uses thereof; NOW THEREFORE, In consideration of Six Hundred Filly 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 "A" annexed hereto and made a part of this instrument. 10 HAVE AND 10 HOLD said Development Rights Easement as hereinafter set forth with respect to the Property unto the Grantee, Its sua:essors and assigns forever, reserving, however, for the direct use and beneftt of the Grantor, Its legal representatives, sua:essors and assigns, the fee ownership and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provlslons and use restrIctIOn hereinafter set forth, which shall constltulll and shall be servlbJdes 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 GranlDr's Ownershlo 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 posses5esthe right to grant this easement 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee Is a munldpal 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, Induding 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 Pu........ 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, exdUSlvely for the purpose of preserving Its character In perpetuity for Its scenic, agricultural, environmental and natural values, Indudlng Its prime, statewide Important and unique agricultural solis, 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 GoVE!mmental D~nltlon New York State has recognIZed the Importance of private efforts to preserve rural land In a scenic, natural, and open condition through conservation restrtctlons by enactment of EnVll'Ol'\mental COnservation Law, ArtIcle 49-0301, et. seq. and General 2 . I glllll 1111 11111 111111111111111111111111111111111111 I 111111 Iml 111111111 1111 SUPFOLIt COmrrY CLERlt RBCORDS OPPICE RBCORDING PAGB Type of :InBtz:ument. BASBIIBNT/DOP Humbe~ of PageB' 16 Receipt NUmb.~ . 06-0107575 TRANSFER TAX HUMBBR: 06-11867 Recorded. At. 11/03/2006 03146128 PM LIBBR: PAGB: D00012477 324 District I 1000 Section. Block: 095.00 01.00 BXAlaNBD ARD t"1Iu.GBI) AS roLLOWS $651.900.00 Loti 005.001 Deed Amouat: Received the Following re.s Po~ Above InBtrumaat Z"-.-pt Bx8lllpt Page/PlliDg $48.00 ITO HaDdl1Dg $5.00 ITO COB $5.00 ITO NYS SRCHG $15.00 ITO TP-58. $5.00 ITO Rotation $0.00 ITO cert.Copi.. S10.to ITO RPT $30.00 NO SCTII $0.00 ITO Tr&D.f.~ tax $0.00 NO CODa.Pre. '0.00 NO Fees Paid $118..0 TRANSP.R TAX HUMBER: 06-11867 TH:IS PAGB :IS A PART OF TIIB :rHSTRtIMBNT THIS IS HOT A B:ILL JUdith A. Pa.ca1e Couaty Clerk. Suffolk Couaty Cenilica.. # PriOr c.r.1i Deed I Mongoge lustrum..t Section "s: tR!) Reo! PrQperty .- 1000 oe500 "0100 o05ocil ~:=;ce ,~ VenfiC.'ion . ~ , -;'I S.tisf.ctionolDi.d;8;ieslRol..... liS! ProperlY Ownc", Mailing Add.... .!J . '. RECORD" RETURN TO: 'Numberorpila.. lIP TORRENS Serial # 3 Pag., Filing Fee,. Handling TP-SS4 I Notation EA-S2 17 (County) EA-S217 (Sta..) R.P.T.S.A. Comm. of Ed. Affid.vit Ccni{iod Copy~ NYS Surcharg. Othor . . ':' .'~ .- Ii l1]. .' REClIlOED 2006 tbI 03 03.4&.28 PI! Jodi II> A. Posc.>l. CLERKCF 5lEFlI.J( ClUIIV L ??oo12477 PJ24 OTl OEi-Il8&7 Deed / ~onp&e Tax Slamp fEES RecordinS/ Filing Smmp. I{ - S. ..Y!L J\ Sub Total ~ ?JJ s. 00 Morlgage Ami. I. OMit Tax 2. Addi'ionaJ T.x Suh Tolal SpeciAIS;C. or .. Spec.IAdd: TOT. MTG. TAX Du.1 Town _ Dual County _ Held (or ApPointme~_ TrunsferTax -T-- - Mansion Tax _ The propeny covorad by this mongago is or will be improved by . one Dr IWO ramily dwelling only. YES or NO rr NO. ... .ppropri... lax c1.use on page 1# _ of this in8I11Jme~l. 10 t&.@ IS. 00 Sub Tol.1 1Po.# 118.4() . Gl1lnd To..1 Community Preservstl.on Fund .. - Consideration Amount $ CPF Tax Due S Improvod VacanlLand ______ TO TO mll.irNle ADuSIC/ 1iwloJ IF Slit_/; - I.IfIfHJ ~It.",,",,~ $3tJ'1S err. .lr. P./).80X /17f1 J,llJ'1o/tM.lI, NV 11'171 -tHr9 TO 7 Title Com nn lnl'ormatlon Co. Name sn....AT T; n.tII! 11~e# .t. -$-0 SS" Suffolk Count Recordin & Endorsement Pa e 8 This..... fonns part of the a'tached t'.'bAlr tJF'~"'n"VT ~.-s r....~ (SPECIFY TYPE OF INSTRUMENTl made hy: &A/nlleNIN/ ,.-_,..., L.1A/1~ 1''''1-..<111'' The premises herein is situated in SUPfoQLK COUNTY. NEW YORK. In lhc: Township of ~u'ftUJLa In ,he VILLAGE or HAMLET of eu. ..-cINe.,,;, BOxes 6 THRU S MUST BB'l"YPEO OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR fiLING. TO '!ill/AI iIlI ~"'l"d'ft.M~ It.