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Home My WebLink AboutL 12436 P 819 / {} ;to ).. ell. ~ J.n..... 250 211II6 L. ( Z 4 ~3<.o .. e~\9 GRANT OF DEVELOPM~T RIGHTS EASEMENT T1jIS DEED OF DEVELOPMENT RIGHTS EASEMENT, Is made on the r-rt/ day of ~~&lq2006 at Southold, New York. The party is SANDRA J. MEYER, ~l{~=NlA T. 31025 Rou~25, P.O. Box 1168, Cutchogue, New York 11935 (herein called $MtT "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# 1000-102-2-23.5 more fully described In SCHEDULE A attached hereto and made a part hereof and shown on the survey prepared by John Metzer, dated October 28, 2003 and last revised January 4, 2006, and hereinafter referred to as the "property"; and WHEREAS, the Property Is part of a larger parcel of which 9 acres Is subject to a Grant of Development Rights Easement recorded at L1ber D00012347, page 003; and WHEREAS, the Property Is located In both the AC and the R-40 Zoning Districts of the Town of Southold; and WHEREAS, the Property contains solis classified as Class I and Class II worthy of conservation as Identified by the United States Department'of Agriculture Soli 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 for agricultural production; 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 s9l1s, 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 open 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 reso!lrce; 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 th~reof; NOW THEREFORE, In consideration of Two Hundred and Seventy Thousand Dollars ($270,000.00) 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. 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 propeity. The Grantor, for herself, and for and on behalf of her legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty 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 Stilte 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 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. ~1/241~8~ 13:27 b315~19S23 S;EWARTTI1U: "A1;E ~2 il!4 " . . , . Stewart Title Insurance .Company TIlle No: 2~S-20fi7 Schedule A. Description (AMENDED 0112412006) ALL tbat l:CmIn plot piece or P81'CtI of/lIIId,ll'iIIg and beina at CutdIogue.. Towo ofSoulholcl, COWIty ofSuEolk UJd ST8lc of New York beiDa moRl putjcullll'ly bouDded and delCrI~ IS follows: . BEGINNING at a mOll\llnent on !he JlOl'lh\l\'e$1e:\y s:de of Main Reed (SR2S) diltlllt easterly 16\ , feel: from the COIIICI' fcrmed by the llI:ter lIedion of tile easlerl)' '$141: of Depot Lane \!lith ~he DO:tberly side of'MIIin Road. as rncuJ!'Cd along said 1I01'Iher1)' side of Main Reed; 8JId RUN!\IlNG THENCE along lands now or formerly of ClIIl:hoaue Mclboclist Church I) North 42 degree! 27 minutes 10 seconds West, 334.10 to a nIOnlllJlenl 2) South 48 dcsrces 08 minll1l:s SO sect'nds West, 3S.00 feat to lands now or formerly of CUIChogiJe Comeie&)' Association; TRDlCE alon8 uid landI now or t'otmerly ofCutcl:osue CcmetCl)' Association North 42 dClfees 44 minetes 00 secoads Welt, 913.54 \0 a poi~ THE..'l'CH Nonh 47 dCgNes 16 minutes 00 _lis East. 387.32 feet; TH~CE South 43 dcsrces 24 minutes 10 secondll East, 529.91 feet; THJ:NCE Soulh 47 dclll'CCC 16 minutes 00 seconds Welt, 303." feet: llIENCE Soutb 42 dCgrefi 59 minutn 07 seconds E8st, 722.98 feet to the Illlnhweatcrly side ,;,f Main Road; nD:NCE South S I degrees 43 millUtes.-o lCConds Well 110IIII the lIClIthwftlerly aide of Main Road 60.00 feet to :he monument, to the poinl or p1lcc ofBEGD\.'N1NG TOGETImR with at r1Rbt.1itle and intcrcll ofme party of the fust pan. in IIIId 10 tbe IlIIId. 'I)ing in the stTcct in frollt of and lIdjoiDing said premises_ . '81/24'2B8S 13;27 6315~19623 . , . STEWARTTITLE PAGE 84/04 Ii'OR INJ'OR.'\U.TlON 01lill.V AG STRUCTURE AREA SCHEDULE B ALL that c:cnaIn plot, pillCC or parcel or lmI, IyIna IUd bdns at Cutehoeue. Town of Southold, COUDty of SutJblk IIld State of New York bciag more plllticu1ar1y boIlIlCIed and delcn1led III follows: BEGINNING at . monument 01\ the notthweSll:rly side of Main Roed (SR2S) distant easterly 1617 feet ftom the C:OI1la' fonned by die eatl:f ~ion of thuuterlY.llde of Depot LIIne with the northerly side of MaIn Road. IS meuund along aid nortberly side of Meill Road, 1lIlI; J>J(.>.{-i, RlJ1II~C THENCE Ilor.s the IIOrthcr1y sleIt ofMllin Road (SR2S) SwIllS! dearees 43 minutes 40 seconds 1IIeet, 370.00 feet (lICtuII) (370.30 feet deed) to a COD\DDfntj L~.,. ~ ~ . TRL'(CE North 43 deane. 24 minutes 10 ICCOmIs West, 747.13 feet to d1e true point or pia<< of beginnilll; THENCE South 47 degrees 16 minutes 00 seconds West, 200.00 feeL to I point; THENCE Nonh 43 clepiles 24 miIIUla 10 seconc18 Weat, 529.91 feet to a point; , . THENCE North 47 depees 16 mullS 00 sa:onds Ea'., 200.00 feet to. point; THENCE South 43 degrees 24 mluutes 10 secolllls Bast. 529.91 feet to ~ trUe point or pllCe of BEGINNlNC. TOGETHER "itb all rlpt, title ud IDter8st of thl: pllJty of the lint part, in IIld to the Iud 1yIq in the strDlit in ftmLt ofancl.clj~ini said preIJIises. - 111111111111111111111I111111111111111111111111111111111 1111111111111111111111111 StJlI'FOLK CO'DN'l'Y CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: MISCELLANEOUS - DBED Number of Pagesl 16 Receipt Number I 06-0017487 TRANSFER TAX NUMBER: 05-28136 Recorded: At: 02/21/2006 11:38:19 AM LIBBR: PAGE: D00012435 819 District. 1000 Section: 102.00 EXAMINBIl ANI> $0.00 Block: 02.00 CHARGED AS Lot: 023.007 FOLLOWS Deed AIIIount: Received the Following lI'ees For Above Instrument Exempt Bxempt Page/Filing $48.00 NO Handling $5.00 NO COB $5.00 NO NYS SRCHG $15.00 NO EA-CTY $0.00 NO EA-STATB $0.00 NO TP-584 $5.00 NO Notation $0.00 NO Cart. Copies $10.40 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO CQIIIIII.Pras $0.00 NO Fees Paid $118.40 TRANSII'BR TAX NUMBBR: 05-28136 THIS PAGB IS A PART OF THE INSTRUMDIT TRIS IS NOT A BILL ..' -- '. " .~. Number or JXIges TORRENS Scrilll# CenificatC' ,. Prior Clr. # Det:d I MOftJllIt! 1""!rUment Deed I Mon_ Tu SIIIllP l'Ul FEES 3 Pag< I FilinS Foe Handlins TP-SIl4 S. 00 c) Noration 58 ' EA.S2 17 (Countyl EA-S217 (S,a.o) R.P.T.S.A. SubToUll ..Y;fJj Com... of Ed. S. 00 .~ SubTnUll ~G,110 H'<l;:~ ~ . Other Grand Tolal Section I 01 Bloek 2- 1000 10200 0200 023007 Real Property Tu Service Asonoy VerifICation , s.ti.r..,ion!llDi..barJelllRc...... u.. Pmpeny Owne.. Mailins Add..., RECORD" RETURN TO: \-,sa Cla({., Komhid,1L 23>>5 ~t1 fY\pmfl Q.oao SoJthOtrlptM, NY Ilqb~ RECORl)EI) 2006 Fob 21 111311119 A1 ClERK OF SUFFctK COUHTY L 000012436 p 819 DTI Cll-281:!6 Rec:ordinSI Filing StampS Monpse Am.. I. Basic Tu 2. Additionlll Tax Sub Tolal SpecJA..it. or Speo:./Add. TOT. Mm. TAX Dual Town _ Dull CounlY _ Held for Appoinunonh Tro1nsr~r Tar. L\c:::::iI MlUIlIion Tax The propeny covered by Ibis mOlt8Oll< is or will be improved by a 0IlC or lwo family dWl!llinS only. YES or NO If NO. see Ippropriale lIIX .1.... on JXl8o'_oflhi.i I., 5 Commlllllt, PnHrntioD I'aIld Conaidoration Amount $ CPF Tax Due S Improved VacanIl.:uKJ TO 1060 1ll 1ll SutTolk Count Recordin & Endorsement Pa e no.... _..."...... E Q se me n t .a...... "-..1..,...1 .~ (SPECJFYTY~J J. c,C The premi... b....in i. .iluBled in \'(\ I~ SUFFOLK COUNTY. NEW YORK. In lbc Towllllbip of S/,,,.,.{,a In the VILLAGE or HAMLET of t!u-rz"d4U'" BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR flUNG. 8 ~u S(JI\O((J.1- ~OW(\ at s:",thoIJ Inlonnallon (o....J