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Home My WebLink AboutL 12523 P 406 10/-;;; -dd.! GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT is made on the 19th day of September 2007 at Southold, New York. The parties are HALLOCK E. TUTHILL, RR2, 4805 Alvah's Lane, Cutchogue, New York 11935 (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# 1000-101-2-22 more fully described in SCHEDULE A attached hereto and made a part hereof and shown on the survey prepared by John C. Ehlers Land Surveyor, dated June 11, 2007 and last revised July 30, 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 soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural 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 field and grain 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 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; NOW THEREFORE, in consideration of THREE HUNDRED SEVENTY- FOUR THOUSAND-SIX HUNDRED NINETY-FIVE AND 20/100 DOLLARS ($374,695.20) 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. 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 Warrantv 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 Purpose 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 Recoqnition 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 2 " File No: RH07300691 SCHEDULE A - DESCRIPTION AMENDED 08/02/07 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the southwesterly side of Alvah's Lane where the same is intersected by the southeasterly line of the Long Island Railroad and the northeasterly corner of the premises herein described; RUNNING THENCE South 44 degrees 31 minutes 50 seconds East along said southwesterly side of Alvah's Lane, 173.33 feet; THENCE through land of Hallock E. Tuthili the following two (2) courses and distances: 1. South 49 degrees 10 minutes 30 seconds West, 275.44 feet; and 2. South 40 degrees 49 minutes 25 seconds East, 302.52 feet to land now or formerly of Paulette S. & Eberhard Mueller; THENCE South 49 degrees 10 minutes 35 seconds West along said land now or formerly Paulette S. & Eberhard Mueller, 233.00 feet; THENCE South 56 degrees 06 minutes 35 seconds West still along said land, 140.16 feet to land now or formerly of Peconic Land Trust and Town of Southold; THENCE North 43 degrees 08 minutes 15 seconds West along said last mentioned land, 458.93 feet to the southeasterly line of the Long Island Railroad; THENCE North 49 degrees 10 minutes 30 seconds East along said southeasterly line of the Long Island Railroad, 654.91 feet to the southwesterly side of Alvah's Lane and the point or place of BEGINNING. ALTA Development Rights Policy (6-17-06) . . Amended 09/10/07 File No: RH07300691 "RESERVED AREA" ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the westerly side of Alvah's Lane at the northeasterly corner of land now or formerly of Lisa E. Callaghan & Patrick R. Mettes and the southeasterly corner of the premises herein described; RUNNING THENCE South 49 degrees 10 minutes 35 seconds West along land now or formerly of Lisa E. Callaghan & Patrick R. Mettes and later along land now or formerly of Paulette S. & Eberhard Mueller, 303.73 feet; THENCE North 40 degrees 49 minutes 25 seconds West through land now or formerly of Hallock E. Tuthill, 302.52 feet; THENCE North 49 degrees 10 minutes 30 seconds East stili through land now or formerly of Hallock E. Tuthill, 275.44 feet to the westerly side of Alvah's Lane; THENCE along said westerly side of Alvah's Lane the following two (2) courses and distances: 1. South 44 degrees 31 minutes 50 seconds East, 112.12 feet; and 2. South 47 degrees 07 minutes 10 seconds East, 191. 79 feet to the point or place of BEGINNING. ALTA Development Rights Policy (6-17-06) l , I 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 16 Receipt Number : 07-0089107 TRANSFER TAX NUMBER: 07-05655 Recorded: At: 09/24/2007 08:59:59 AM LIBER: PAGE: 000012523 406 District: 1000 Deed Amount: Section: 101.00 EXAMINED AND $0.00 Block: 02.00 CHARGED AS Lot: 022.002 FOLLOWS 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 $0.00 NO Cert.Copies $10.40 NO RPT $30.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $118.40 TRANSFER TAX NUMBER: 07-05655 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County fD)lE ~ lE ~ W lErm lnl OCT 3 1 2007 l1!J I DEPT Of LAND PRESERVATION If NO, see appropriate tax clause on page # of this instrument. -I -07 LorOH. Mu 5 Community Preservation Fund Title Com an Information mltJ. .()aJOlLrH LAAlJJ I<. 0736C>to9 Suffolk Count Recordin & Endorsement Pa e This pageforms part of the attached 4'" t.ltd of DeYe I 0 .1r1').t(\t ~\{;~ht':> fasemetti- made by: (SPECIFY rtPE OF INSTKUMENT) - [1][i] Number of pages TORRENS /0 Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 3 FEES Page / Filing Fee - Handling 5. 00 /)- TP-584 Notation EA-52 17 (County) EA-5217 (State) ,tJa- Sub Total R.P.T.S.A. 30m Comm. of Ed. 5. 00 Affidavit Certified cop~ \;\1 NYS Surcharge Other /0 !to IS. 00 Sub Total Grand Total 4 Dist.IOoO Section 101.00 Block02,OO - '- Real Property Tax Service Agency Verification 1000 10100 0200 022002 0- 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Lisa Clare Kombrink. Esq. 235 Hampton Road Southampton, NY 11968 7 8 -1 u-t-hd I} /ftd I Oc.,/(~ E. "'3U\l RECORDED 2007 Sep 24 08:59:59 RM Judith R, Pascale CLERk OF SUFFOLK COUt-iT'l L [(lOa 12523 P 406 DT# 07-05655 Recording / Filing Stamps Mortgage AmI. 1. 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 Consideration Amount $ CPF Tax Due $ Improved Vacant Land TO TO TO The prentises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of .sOIJ iho I d Cu+(:ho~V~ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. TO ~ oW{\ Of .s00111old In the VILLAGE or HAMLET of (over)