HomeMy WebLinkAboutL 12163 P 329
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DEED OF DEVELOPMENT RIGHTS
TIDS INDENTURE. made this 14i11 day of November. 2001,
BETWEEN GEORGE STARK!E and JOH.1\f STARKlE, residing at 141 S. Main
Street, Fanningdale, New York, party of the Iirst pan.
AND Ihe TOWN OF SOUTHOLD, a municipal corporation having its office and
principal place of business at Main Road, Town of Southold, County of SulTolk and State
of New York, party of the second part;
WITNESSETH, that the party of the first part, in consideration or One hundred
filly-six thousand seven hundred eleven and 16/100 ($156,711.16) lawliIl money or the
United Statcs and other good and valuable consideration paid by the party of the second
part.
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DOES HEREBY GRAi'lT AND RELEASE linto the party of the second part, its
successors and assigns forever. THE DEVELOPMENT RIGHTS, by which is meant the
pormanentlcgal interest and riglJ.t, as authorized by section 247 or the Ncw York State
General J'vlunicipal Law,. as amended, to pCllllit, require or rcslnct the use ofthe prcmises
exclusively for agricultural production as that tcrrn is prescnt1y defined in Chaptcr 25 of
the Town Code of the Town orSouthold. and the right to prohibit or testricllhe use of the
premises and any slructure.s thereon for any purpose other than \.lgj-ie-ullural production, to
the property described as [o1l0\"s:
ALL that certain plot, piece or parcel of land, situate, l)~ng and being in the Town
of Southold, Connty of Suffolk and State of New York, bounded and described. as
follows:
1
AT,I. that eeli.in pIol. piece or par,,,,1 <1f land, situale, lying and being at Cutehoguc, Town Ill'
Southold, Counly of Suffolk and State of New York, being LOI 2 as shown on a ce.Jiain map
entitled "Setoff ror George & John Slarkie" particularly ]>ounded and described as follows:
BEGI:-INlNG at a point in the ceuter line of a right of'Vay where the southerly line of Lot 2 as
showl! on the aforesaid also being in the northerly line of Lot I as Sho"11I>n a map entitled "S.ll.
Frieman Others" filed in the Oftke of the SulTolk County Clerk as amp #9436. is inkrsected by
the eeilter line of said righl of way, said point and place of beb>inning beillg North 43 degrees 24
minutes ]0 s~onds West a distance of 1876.00.feet as'measured along the center lin~ of said
right of way from the intersection formed l>y the nonherly line of Main Road (NYS Rome 25)
wilh the c~nter line of said right of\\'ay:
RUNNING THEJliCE Irom said point and place (.fbeginning along said center line of said right
of way and the easterly line ,)1' lands now or fonnedy of lands of Scott and the Town of SouthoId
North 43 degrees 24 minute.. 10 seconds West a distance of 609.20 feel I" a point and the
southerly line of Lot I shllwn on nt:lp entitled "Setoff for GeMge & John Starkie":
THENCE North 46 degrees 35 l11;nu(('s50 seconds Easl a distance of 211.00 feet to a poinl;
THENCE NOIth 43 de~'TCes 24 minutes 10 second. We'$l a distance 01'400.00 feet to the point;
THENCE South 46 de~'tCes 35 minutes 50 se,'onds Wcst a di,'tdnee of211.00 teet to a point:
THENCE Norlh 43 degrees 241ninutes 10 seconds West a distance of 41.13,49 feellu a p,>int and
lands now or formerly "f Goerler and Ihc Town of SOllthold;
TIJEJliCJ<; North 52 degrees 50'minutes.1(I seconds Ea,t a distance of63136 teelto a point:
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THENCE South 4-1 degrces 50 minut~~20 secondsEllst a distance of 695.93 feet to a point and
land now l.lT fomlerly of lmhrinnu; . . .
THENCE South 47 de'grees 07 minutes 10 seeunds West, 104.29 feet;.
nU;NCF. South 43 degrees 44 minutes 51.1 seconds Easl a di'l',lllCe of 653.$1 I;'"t to a point and
the n~wtherJ)' line of Lo{ 1 as sht)\\'n nil i.I c~rtailtn,13p .~nlilled ;'S.H. Frj~mnn & OthC'r~" tiled in
the Office of lhe Suff"lk County Clerk os Mop ;'19436:"
TIfENCI<: South 47 degrees 04 minutes 50 seconds West. 544.72 fee( to (he center line of the
right of way and the Iwint or place of BEGJZ'NING.
TOCETHRR ,vith ;) Right of \Vay II fc:et in widlh running hl.~t\"een (he Iwrthcrl:y line (\f the
\1ain Road, and the southerly line. of th.:- L(lng 1:.:I~nd lbilroad. thl.' l'a~[erl)' line of whic.h js the
we-slerly line- \..11' the :lbovc- dc-sc.riheu pre-mist-os and dir('ct pn.dungati0tl there-or norlhL:rly and
5c'uthL:r1y. SVBJRCT to:l Right of\V~y II'ft'et in\vidth running behvecn the north('r1y line of
the illain Road and the wUlhcrly line of the L,)ng Ii:bnd Hailroad. (ht. weslerly line of which is
thL' westerly line of the 3ho\'tt uc:sl'ribed premises and uin:ct prolong:ui'l!l lhereof nurtherly i.md
southerly. SaiJ lW\.1 Rights of Way tog~lher e\.1'1stltutc- a 22 [,)ot wide prh":ltc mad sOITIt'.timt"$
called "Sterling T "une". "
2
TOGETHER with the non-exclusive right. if any, of the party of the first part as
to the use for ingress and egress of any streets and roads abutting tile above described
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premises to the center lines thereot:.
TOGETHJ1R with the appurtenances amI all the estate and rights of the party of
lhe first part in and to said premises,' insotllr lis the rights granted hereunder are
concerned.
TO HAVE AND TO HOLD the said Development Rights in the premises herein
granted Wlto tht' party of the second part, its successors and assigns, forever:
AND the pal1y of the lust parr covenants that the party of the tirst part has not
done or suffered anything whereby the said premises have been :encwnbered in any way
whatever, except as aforesaid. The party of the first part, as a covenant rulming with the
land in perpetuity, further covenants and agrees for the party of the first part. and the
heirs. legal reprt'Sentatives.'suecessors and as~igris'ofthe pa,1y of the first part, to nse the
premises on and after the date bf this instrwnent solely lor the purpose of agricultural
production.
AND The party of the first p:lrt. as a cevenanCrunning with Ihe land in pe.rpetuity,
further covenants and agrees for the party of the first part, and the heirs, legal
representatives. successors and assigns of the party of the lirst part. that the parcels of
real property described herein are open lands actually used in bona fide agricultural
produClion as defined in GML section 247 and shall renlain open lands achlnlly used in
bona lide agricultural production. TillS covcnant shall run with the land in perpetuity.
AND the party of lhe first part. covenants" ill all aspects to comply with Section 13
o[tl1c Lien Law, as same applies with said conveyance.
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THE party of the tirst pari and the pal1y of the second part do hereby covenant
and agree in perpetuity that either of them or their ,respective heirs, successors, leg-dl
representatives or assigns, shall only use (he premis~ on and' after this date for the
purpose of such agricultural' production and th~,grantor covenants and agrees that the
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underlying fee title may not be subdivided into plots by the filing of a subdivision map
pursuant to Sections 265, 276 and 277 of (he Town Law and Section 335 of the Rc-JI
Properl)' Law, or any of snch sections of the TO".1l or Real Proper1y Law or any laws
replacing or in tilrtherancc of them, TIle underlying fee lUay be divided by eonveYdncc of
parts thereof to hcirs and next of kin, by will or by opemtion of Jaw, or with the wrillen
recordable consent' of the Purchaser,
''['his covenant shalf run with the land in
perpetuity.
Nothing contained heroin 'sllall prohibit' the sale of th~: underlying fee or any
portion thereot~
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THE word 'pm1y" shall he construed as if it reads 'parties" whenever the sense of
this indenture so requires.
THE party of the first part, the heirs, 1cglll represcntatil'es, successors and assigns
of the party of the fIrst part covenants and agreeS that it will (a) not generate, store or
dispose of haz;lrdous substances on the premises, nor allow others to do so; (h) comply
with all of the EnvirolIDlental Laws; allow party of the second part and its agents
reasonable access to the premises tor purposes of ascertaining site conditions and lor
inspection of the premises for compliance with this agrccmenL Tlus covenant shall rWl
with the land in perpetuity.
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THE party of the tirst part, its heirs, legal represen(ative~ successors and assigns
of lIle party of the first p:lrt covenants and agrees that it shall illdcmnily and hold party of
the second part and any of its officers. agents, cmployees, and. their respcctive successors
and assigns, hannless fl\)m and against any and all damages. claims. losses. liabilities and
expenses, including, without limitation, responsibility lor legal. conSl.lting. engineering
and other costs and expenses whieh may arise out of (I) any inaccuracy or
misrepresentation in any representation or warranly made by seller in this agreement; (2)
the breadl or non-perfonnance of any covenants required by this agreement to be
perlomled by thc 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 moiley damages, injll11ctive
relief, remedial action, or othcr remedy by reason of a violation or non-compliance with
any environmental law; or the dlspo,{al, discharge 6r 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. operotion. and/or condition of the premises prior to
or subsequent to thc execution of the deed of Development Rights. This covenant shall
run willI the land in perpetuity.
AS set forth in Chapier 25 of the Town' Code 'of the Town of Southold
DEVELOPMENT RIGIHS acquired by the Town pursuant to the provisions of that
chapter shall not thereafter be alienated, except upon the aftinllative 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 spe.cial or biemlial tOWIl electioll. No subsequent
amendment of the provisions of this suhsectiOIl shaH alter the limitations imposed upon
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the alienation of development rights acquired by the Town prior to any such amendment.
This covenant shall run with the land in pClpeluity."
THE TOWN, by its purchase of this Jlarccl, is eligible for a grant trom the New
York Slale Depat1ment of Agricultm.e. A rcqlliremeni of this grant is that the contract and
decd must contain the following language: "all amendments to the approved casement
(the covenants and restrictions set forth in the Deed) must be authorized by the New York
State Department of Agriculture". This covenant shall run with the land in perpetuity.
IN WITNESS WH.I1REOF. tIle party oflhe first part has duly executed this
deed the day 3Ild year first written ahove.
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Sellers:
~.J;l~
George Star' C
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Purchaser:
Town of Southold
By:hbc.....~. ~.v'
J. n W. Cochran, SupervIsor
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On the 14'h day of Novcmber. 2001, before mc person~Jly appeared GEORGE
ST ARKlE, personally known to ~e or provided to me on the basis of satisfactory
evidence [0 be the individual whose name is subscribed to the within instrument and
acknowledged to me that he exccuted the same and that by his signature on the
instrument, the individual. or the person upon behalf of which the individual acted,
executed the instrumc t.
"}
KARENJ.HAGEN
NOTARY PUBUC, State of New '\brk
No. 02HA4927029
"-- Qualnied In Suffolk County /J?
_nmleaion Expires Marl:h 21, 20 ~
STATE OF NEW YORK
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)ss:
COUNTYOFSUFFOLK )
On the l41h day of November, 2001. before me personally appearcd JOHN
STARKIE. personally known to me or provided to Ille on the basis of satisfactory
evidence to bc the individual whose IUIIllti is subscribed to th'e within instrumcnt and
acknowledged to me that he execlIted the same and that by his sh;llature on the
instrument, the individual, or the person upon behalf of which the indh;idual acted,
exec~l %~)Stnull~ 7~. _/l--
KAREN J. HAGEN
Notary Public NOTARY PUBUC, State of New York
No. 02HA4927029
Qual~ied in Suffolk County a z-
CommiSsio~ Expl~s March 21, 20_
STATEOFNEWYORK )
COUNTY OF SUFFOLK )
)ss:
On the l41h day or November, 20ul, before me personally appeared JEAN W.
COCHRAN, personally kllown to me or' provided 10 me 011 thc basis of satisfactory
eviJence to be the individual whose name is subscribed to the within instrument and
acknowlcJged to me that she executed [he same in her capacity as Supervisor of the
TOWN OF SOUTHOLD,and that by her signature 011 the instrument, the individual, or
the Illwticipal corporation upon behalf of wltic-h the individual acted, exccuted the
instrul11ent~ V
7 If 7. _ KAREN J. HAGEN .
Notary Public O"-NOTARY PUBLIC, State of New York
No. 02HA4927029
. . Qualified in S"ffolk County tJZ-
Commission Expires March 21, 20_
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RECORDED
2002 Jan 14 04: 14: 40 PM
Eo.ard P.Romaine
CLERK OF
SUFFOLK COUHW
L 000012163
P 329
DHI 01-22437
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lJear Taxpayer.
"'our satlsfaclton of ml)ngage has been fll(x:ltn my ofnce and I am l"ncloslng the Orighlc'll ('(lPY !OT)'CJU:-
records.
I r u portion of your monthly mort~e payment tnc1udro your prQ,p,~ty taxes. vall \v.fll now n<.-ro to
i.!ll.lla~t...ynllr lo~1 Town Tn:\': Rccf'tvf'r RO that VOll 11l~. br.bm~r1 r11T~tly for all tiJ(llre nrQnf'~
!.!llli.
,
Local property taxes are payable twice a year:,?n or ~fon.~ Janu~ry ]l)'1I and on ~r..bcfore Mn.y 31.....
failure-to make payments In a l1m~ly fa.....hioll-eould result in a penalty.
Please contact your local Town Tax Receiver with .anY' qu~'tlo"" regarding property tali:
payment. . .' -' , . I .
BabyJon Town Receiver of Taxt's
200 East Smmse Highway
North Ltndenhurst. N.Y. 11757
(631) 957-3004
Rlverhead Town Receiver of Taxes
200 Howell Avenue
Rlverhead. N.Y. 11901
(631) 721-3200
Brookhavt'n Town Ret'eivcr of Taxes
250 East Main Street
Port Jefferson. N.Y. 11777
(631) 473-0236
Shelter Island ToWJ: Rec:eiver of Taxes
Shelter Island ToWI: Hall
Sheller Island. N.Y. 11964
(631) 749-3338
East Han1plon Town Receiver of Taxes
300 Pun Ltgo Place
East Hampton. N.Y. IJ937
(631) 324-2770
Smithtowl1 Town Receiver of Taxes
99 West Matn Street
'Smltbtown. N.Y. 11787 ,.
(631) 360~76W
I IunUngton Town Rece-iver of Ta.....es
100 Main S\rcct
Huntlngton. N.Y. 11743
(631) 351-3217
S~uth:ampton Town Receiver ofTaxC'.s
116 Hampton Road ..
Soulhampton. N.Y. 11968_
163 1) 263-6514
1slip Town Receiver of Taxes
40 Nassau Avenue
[,lip. N.Y. 11751
(63 I) 224-5580
~ :. ',.
SOuthold TO\V1l '--Receiver of Taxes
53095 Main Street
Southold. N.Y. 11971
(631) 765-1803
Sincerely.
~t~,~~
Edward P. ROlllalne
Suffolk County Clerk
ctw
2/99
':':I..l"~:: Il.'~:.:
Title Company Information
_ .'T?"'7-.,,v(>/J.j.Jlt. / <%/V7iil-k-
Title # RH 'ClOl'Z. .
Suffolk Count Recordin & Endorsement Pa e
'Ihis page limns part of the aHache'\! be.J?..-I c;7F LRvt' /..~r 4/9./~_ m,d< h)"
(SPEClFY TYPE OF iNS'IRUMENr) i/
~.,
~ 1he premises herein is situated in
SUFFOLK COUNTY, NI,WYORK.
Number"or pages
TORRENS
Serial#-
Certificate#:
PriorClr.fI
Deed I Mortgage Instrument
Deed I MQrtgagc Tax SlImp
FEES
Page I Filing Fee
~-
5'
Handling
TP-584
Notation
!:A-52 17 (County)
.A-5217 (State)
R.P.T.S.....
5: _ Sub TolaJ
;:)..-)
~-
3.q-
Comm. or r:d.
50~
Affidavil
Ct'rtified Copy
Rog. Copy
Ce()
~9.. ~
SubTotal
Other
GRAND TOTAL
Real Property Ta.x Service Agency Verification
DiSl. Section Block 1.(11
t:J3,eo
tJ'1 b ,017
/0017
""'l2..-D
7 Satisfac.lionslDischnrgcslReleases List Property Owners Mailing Addres
RF.cORD & RETURN TO:
-r 6WY7 of S;o<-t-l--kt/
Nafi;:' 114 i
S:OUJ-l-O!<1/ ;\If) //97/
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G cor<'~R_ !;-far-/c/e
,j",;:::' CJ.farh<e....
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TO .
<DE SO'-blkkl
III the Township of
In tho VILLAGE
Of I lAMLET of
RECORDED
2002 J.. M 04: 14:40 PPI
EdWard P.Ro~aine
CLERK OF
SUFFOlK COL.OjTY
l 000012163
r 329
DTI 01-22437
Rttording I Filing. Stamps
Mortgage AmI.
I. 'Ba.~k TQX
2. Additional Tax
Sub Total
Spe<JAssit.
Or
Spec.! Add.
TOT. '-lTG. TAX
Dual Town_Dual Ci'tunty_
Held for Apportion~.'nt _..
Transfer Tax , "-
Mansion Tax.
The properly covered 6)' this IIlOrt~ge is ur
will be improved by a one Of (WI,) family
d\~Uing only.
YES_or NO_
If NO, see appropdat~-tax clause on page H
~_ofthls instnJrilCilt.
6 C<;>mmunilY Preservation ,Fund
Consideration Amount $IS~ 7JILlb
CPFTaxDuc $ ~:
ImproveJ
V3canl Land ~._
'I'D
TD
'I'D
I(lQ&
7-
v
f;LJ<.VJ-hcl./
C,de I=:J~
lJOXES 5 TIlRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDiNG OR flUNG.
(OVER)
1111111111111111111111111111111111111111111111111111111
1111111111111111111/11111 . ....
SUFFOLK COUNTY CLERK
RECO:RDS OFFICE
RECO:RDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 8
TRANSFER TAX NUMBER: 01-22437
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Recorded:
At:
LIBER:
PAGE:
01/14/2002
04:14:40 PM
D00012163
329
District:
1000
Section: Block:
096.00 03.00
EXAMINED AND' C~GED;AS
$156', -711.16
Lot:
002.000
FOLLOws
Deed Amount:
,:1
Received the
Following Fees For,Above I~strument
I.!Exemi>t ... .,'
NO Hilndling
NO EA-CTY
NO TP-584
, NO RPT
'NO ;Transfer tax
NO
Fees Paid
$24.00
$5.00
$25.00
$0.00
$0.00
$0.00
$5.00
$5.00
$5.00
$30.00
$0.00
Exempt
NO
NO
NO
NO
NO
Page/Filing
COE
EA-STATE
Cert.Copies
SCTM
Comm.Pres
TRANSFER TAX NUMBER: 01-22437
THIS PAGE IS A PART OF THE INSTRUMENT
$ '\"1.00
Edward P.Romaine
County Clerk, Suffolk County