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DEED OF DEVELOPMENT RIGHTS
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THIS INDENTURE, made this 5th day of March, 2001,
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BETWEEN THE ANN MARIE GOERLER REVOCABLE LIVING TRUST, at
2425 Cox's Lane, Cutchogue, New York, party of the first part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office and
principal place of business at 53095 Main Road (Route 25), Town of Southold,
County of Suffolk and State of New York, party of the second part;
WITNESSETH, that the party of the first part, in consideration of Six
hundred fifty-five thousand nine hundred eighty ($655,980.00) lawful money of
the United States and other good and valuable consideration paid by the party of
the second part,
DOES HEREBY GRANT. AND RELEASE unto the party of the second
part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by
which is meant the permanent legal interest and right, as authorized by section
247 of the New York State General Municipal Law, as amended, to permit,
require or restrict the use of the premises exclusively for agricultural production
as that term is presently defined in Chapter 25 of the Town Code of the Town of
Southold, and the right to prohibit or restrict the use of the premises and any
structures thereon for any purpose other than agricultural production, to the
property described as follows:
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ALL that certain plot, piece or parcel of land, situate, lying and being in the
Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
PARCEL I:
BEGINNING at a point marking the Intersection of the westerly line of Cox's Lane and the southerly line of the
land ofl'he Long Island Rail Road; ,
RIINNING THENCE along said westerly line of Cox's Lane the following two (2) courses and distances:
1.,. south 44 degrees 26 minutes 20 seconds East, 304.16 feet; and
2. south 44 degrees 21 minutes 30 seconds East, 351.90 feet to other land of the party of the first part;
THENCE south 50 degrees 54 minutes 20 seconds west, 351.02 feet;
THENCE south 44 degrees 21 minutes 30 seconds east, 237.74 feet;
THEN!CE north 48 degrees 00 minutes 40 seconds east, 139.74 feet;
. THENCE south 38 degrees 43 minutes 00 seconds east, 404.48 feet to land now or formerly of Glover;
RUNNING THENCE along sa.id land now or formerly of Glover, south 48 degrees 23 minutes 10 seconds west,
344.40 feet to land of Imbrlano;
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RUNNING THENCE along said land of Imbrlano, the following two [2] courses and distances:
1. north 45 degrees 01 minutes 10 seconds west, 133.64 feet; and
2. south 47 degrees 13 minutes 10 seconds west, 394.22 feet to land now or formerly of George and John
Stark; . .
RUNNING THENCE along said land the following two [2] courses and distances:
1. north 44 degrees 44 minutes 00 seconds west, 695.93 feet; and
2. south 52 degrees 56 minutes 50 seconds west, 631.36 feet to land now or formerly of Scott;
RUNNING THENCE along said land now or fOrmerly of Scott, north 43 degrees 17 minutes 50 seconds west,
739.94 feet to land of The Long Island Railroad;
RUNNING THENCE along said Il!nd of The Long Island Railroad, the following two [2] courses and distances:
1. north 59 degrees 49 seconds 30 seconds east, 1,032.59 feet; and
2. north 59 degrees 56 minutes 00 seconds east, 624.16 feet to the point or place of BEGINNING.
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PARCEL II:
. BEGINNING at ap.olnt marking the Intersection of the easterly line of Cox's Lane and the southerly line of land
of The Long Island Railroad, .from said of beginning;
RUNNING IHENCE along land of The Long Island Railroad north 59 degrees 51 minutes 10 seconds east
341.41 feet to land of Palmer Vines LLC;
RUNNING THENCE along said land of Palmer Vines LLC, the following three [3] courses and distances:
1. south 47 degrees 22 minutes 00 seconds east, 609.69 feet;
2. south 38 degrees 22 minutes 20 seconds west, 28.30 feet;
3. s.outh 44 degrees 21 minutes 50 seconds east, 759.41 feet to land now or formerly of Glover;
THENCE south 49 degrees 18 seconds 30seco.nds west along said land now or formerly of Glover, 335.18 feet
to the easterly line of Cox's Lane;
RUNNING THENCE along the easterly line of Cox's Lane, the following two [2] courses and distances:
1. nort~ ~4 de9rees 21 minutes 40 seconds west, 1,141.72 feet; and
2. north 44 degrees 26 minutes 20 seconds west, 292.50 feet to the point or place Of BEGINNING.
PARCEL III:
BEGINNING at a point marking the Intersection of the westerly line of Cox's Lane and the northerly line of land
of The Long Island Railroad, from said point of beginning;
RUNNING THENCE along said northerly line of land of The Long Island Railroad, south 59 degrees 50 minutes
50 seconds west,. 625.17 feet to land of Pietrewlcz;
RUNNING THENCE along said land of Pletrewlcz, north 44 degrees 28 minutes 20 seconds west, 562.18 feet to
other land of Pietrewicz;
RUNNING THENCE along said other land of Pietrewlcz, north 42 degrees 15 minutes 20 seconds east,616.16
feet to the westerly line of Cox's Lane.; .
RUNNING THENCE along the westerly line of Cox's Lane, south 43 degrees 45 minutes 20 seconds east,
752.03 feet to the point or place of BEGINNING.
2A
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TOGETHER with the non-exclusive right, if any, of the party of the first
partas to the use for ingress and egress of any streets and roads abutting the
above described premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and to said premises, insofar as the rights granted
hereunder are concerned.
TO HAVE AND TO HOLD the said Development Rights in the premises
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herein granted unto the party of the second part, its successors and assigns,
forever;
AND the party of the first part covenants that the party of the first part has
not done or suffered anything whereby the said premises have been
encumbered in any way whatever, except as aforesaid. The party of the first
part, as a covenant running with the land in perpetuity, further covenants and
agrees for the party of the first part, and the heirs, legal representatives,
successors and assigns of the party of the first part, to use the premises on and
after the date of this instrument solely for the purpose of agricultural production.
AND The party of the first part, as a covenant running with the land in
perpetuity, further covenants and agrees for the party of the first part, and the
heirs, legal representatives, successors and assigns of the party of the first part,
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that the parcels of real property described herein are open agricultural lands
actually used in bona fide agricultural production as defined in GML section 247
and shall remain open lands actually used in bona fide agricultural production.
This covenant shall run with the land in perpetuity.
AND the party of the first part, covenants in all aspects to comply with
Section 13 of the Lien Law, as same applies with said conveyance.
THE party of the first part and the party of the second part do hereby
Gonvenant and agree in perpetuity that either of them or their respective heirs,
successors, legal representatives or assigns, shall only use the premises on and
after this date for the purpose of such agricultural production and the grantor
covenants and agrees that the underlying fee title may not be subdivided into
plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of
the Town Law and Section 335 of the Real Property Law, or any of such sections
of the Town or Real Property Law or any laws replacing or in furtherance of
them. The underlying fee may be divided by conveyance of parts thereof to heirs
and next of kin, by will or by operation of law, or with the written recordable
consent of the Purchaser. This covenant shall run with the land in perpetuity.
Nothing contained herein shall prohibit the sale of the underlying fee or any
portion thereof.
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THE word "party" shall be construed as if it reads "parties" whenever the
sense of this indenture so requires.
THE party of the first part, the heirs, legal representatives, successors and
assigns of the party of the first part covenants and agrees that it will (a) not
generate, store or dispose of hazardous substances on the premises, nor allow
others to do so; (b) comply with all of the Environmental Laws; allow party of the
second part and its agents reasonable access to the premises for purposes of
ascertaining site conditions and for inspection of the premises for compliance
with this agreement. This covenant shall run with the land in perpetuity.
THE party of the first part, its heirs, legal representatives, successors and
assigns of the party of the first part covenants and agrees that it shall indemnify
and hold party of the second part and any of its officers, agents, employees, and,
their respective successors and assigns, harmless from and against any and all
damages, claims, losses, liabilities and expenses, including, without limitation,
responsibility for legal, consulting, engineering and other costs and expenses
which may arise out of (1) any inaccuracy or misrepresentation in any
representation or warranty made by seller in this agreement; (2) the breach or
non-performance of any convenants required by this agreement to be performed
by the party of the first part, either prior to or subsequent to the closing of title
herein; or (3) any action, suit, claim, or proceeding seeking money damages,
injunctive relief, remedial action, or other remedy by reason of a violation or non-
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compliance with any environmental law; or the disposal, discharge or release of
solid wastes, pollutants or hazardous substances; or exposure to any chemical
substances, noises or vibrations to the extent they arise from the ownership,
operation, and/or condition of the premises prior to or subsequent to the
execution of the deed of Development Rights. This covenant shall run with the
land in perpetuity.
AS set forth in Chapter 6 of the Town Code of the Town of South old
DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of
. that chapter shall not thereafter be alienated, except upon the affirmative vote of
a majority of the Town Board after a public hearing and upon the approval of the
electors of the Town voting on a proposition submitted at a special or biennial
town election. No subsequent amendment of the provisions of this subsection
shall alter the limitations imposed upon the alienation of development rights
acquired by the Town prior to any such amendment. This covenant shall run
with the land in perpetuity.
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first written above.
Seller: Revocable Living Trust
By:
Ronald Goerler, Trustee
By: ~
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Purchaser:
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STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)ss:
RECORDED
2001 Mar 22 02:44:35 PM
Edward P.Romaine
CLERK OF
SUFFOLK COUNTY
L DOOOl2109
P 277
DT# 00-31325
On the 5th day of March, 2001, before me personally appeared RONALD
GO ERLER, personally known to me or provided to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity
as Trustee of The Ann Marie Goerler Revocable Living Turst, and that by his
signature on the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrument.
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Notary Public .
. 'KAREN J. HAGEN
NOTARY PUBUC, State of New ~rk
No. 02HA4927029
Qualified In Suffolk CountY ,() 2"
Commission Explrea March 21, 20__
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)ss:
On the 5th day of March, 2001, before me personally appeared BRIAN G.
MURPHY, personally known to me or provided to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his capacity as Deputy
Supervisor of the TOWN OF SOUTH OLD, and that by his signature on the
instrument, the individual, or the municipal corporation upon behalf of which the
individual acted, executed the instrument.
N2~~~~
KAREN J, HAGEN
NOTARY PUBLIC, State of New 'lbrk
No. 02HA4927029
~~alifled In Suffolk CountY h'?
Commission expires March 21, 20 .J::-'-
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8 Title Company Information
Co. Namet.Omm
Title # /loZ
Suffolk Count Recordin & Endorsement Pa e
This page fonnspart of the attached IJeed.?,t; j).ev&/~,Pr>7..fY7~h.J..r;
(SPECIFY TYPE OF INS1R
-rh1%.1-J&f.S ~b Ann Ma.rle ~~rJ..,y The premises herein is situated in
RevoLcvb& LUJ~ -rf-u~f SUFFOLKCOUNIY,NEWYORK.
TO In the Township of ~ Il/-k,V
--rlv. /bwrr ~I Sou:il..o/.-<:/ In the VILLAGE
or HAMLET of Gd-~-:1~
~2
Number of pages
TORRENS
1
Serial #
Certificate #
Prior Ctf. #
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
FEES
4
Page / Filing Fee
?-1
5
5
5
Handling
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
c.f"d -
_ Sub Total
~5
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RP.T.S.A.
Comm. of Ed.
5~
Affidavit
Certified Copy
Reg. Copy
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ID3 -
Sub Total
Other
GRAND TOTAL
Real Property Tax Service Agency Verification
Dist. Section B lock Lot
096,/)0
drb,tJLJ
#//','&0
/ tJ if) tJ
~/-OI 1000
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02., tlO
.tJ/ I, 1J}/;1
1)3,00 dOY, 17()$
03, tJ.o a:JS.POl>
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
6r~ Y~d1>loi /6.g_
rbWY7 of. gt)uftc>u
/a1tL1h 110M
sc:Jul-l-old I N lj 1/17 I
9
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RECORDED
2001 Mar 22 02:44:35 PM
Edward p.Romaine
CLERK OF
SUFFOLK COUNTY
L D00012109
P 277
DT# 00-31325
Recording / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
vJ
Spec.lAssit.
Or
Spec. /Add.
TOT. MTG. TAX
Dual Town Dual County
Held for Apportionment
Transfer Tax ()
Mansion Tax
The property covered by this mortgage is or
will be improved by a one or two family
dwelling only.
YES orNO
If NO, see appropriate tax clause on page #
of this instrument. '
6 Community Preservation Fund
Consideration Amount $ f ~H .Q~
CPF Tax Due $ 0
Improved
Vacant Land /
TD
TD
TD
/0
made by:
BOXES 51HRU 9 MUST BE TYPED OR PRINIED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(OVER)
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111111I111111111111111111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 9
TRANSFER TAX NUMBER: 00-31325
Recorded:
At:
LIBER:
PAGE:
03/22/2001
02:44:35 PM
D00012109
277
District:
1000
Section: Block:
096.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
Lot:
011.000
Deed Amount:
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $27.00 NO Handling $5.00 NO
COE $5.00 NO EA-CTY $5.00 NO
EA-STATE $25.00 NO TP-584 $5.00 NO
Cert.Copies $0.00 ,NO RPT $31.00 NO
SCTH $0.00 NO Transfer tax $0.00 NO
COIDIII.Pres $0.00 NO
Fees Paid $103.00
TRANSFER TAX NUMBER: 00-31325
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County