HomeMy WebLinkAboutL 12197 P 234
LI d/ct1
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DISTRIC
1000
SECTION
108.00
BLOCK
01.00
LOT
001.001
DEED
OF
DEVELOPMENT RIGHTS
THIS INDENTURE, made the
lOr::. day of
JtI'1e.
, 2002
BETWEEN RUTH POLLIO, Trustee of the Ruth Pollio Revocable
Trust, residing at 4 Copperfield Lane, Old Brookville, NY 11545,
PARTY OF THE FIRST PART,
AND the COUNTY OF SUFFOLK, a municipal corporation of the
State of New York, having its principal office at the Suffolk
County Center, Center Drive, Riverhead, New York 11901, PARTY
OF THE SECOND PART;
WITNESSETH, that the PARTY OF THE FIRST PART, in
consideration of TWO HUNDRED FIFTY FIVE THOUSAND, SEVEN HUNDRED
AND EIGHT 001100 DOLLARS ($255,708.00) 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 of the PARTY OF THE SECOND PART
forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent
legal interest and right, as authorized by 9247 of the New York
State General Municipal Law, as amended, and Local Law 16-1981
of the County of Suffolk, as amended, to permit, require or
restrict the use of the premises exclusively for agricultural
production as that term is defined in Local Law 16-1981 of the
County of Suffolk, as amended, and the right to preserve open
space as that term is defined in 9247 of the New York State
General Municipal Law, as amended, and the right to prohibit or
restrict the use of the premises for any purpose other than
agricultural production, to the property described as follows:
ALL, that piece or parcel of land, situated in
Southold, County of Suffolk, and State of New
particularly bounded and described as follows: (see
annexed hereto and made a part hereof) :
the Town of
York, more
description
BEING AND INTENDED to be the same premises described in the
deed to the parties of the first part herein by deed from Joseph
Pollio and Ruth Pollio, his wife, dated August 18, 1999 and
recorded October 12, 1999 in Liber 11994 Page 226 and Liber
11994 Page 227. Said premises are known and designated as
District 1000, Section 108.00, Block 01.00, Lot 001.001.
TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS in the
premises 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 of the premises on and after the date of this
instrument solely for the purpose of agricultural production.
THE development rights conveyed herein are subject to the
further terms and provisions as set forth in a certain contract
of sale between the parties hereto dated April 8, 2002 as the
same is recorded in the office of the Suffolk County Clerk on
April 30, 2002 in Liber 12183 cp 185, portions of which as
contained herein have and will survive the delivery of this
instrument of conveyance.
THE PARTY OF THE FIRST PART, its heirs, assigns and/or
party or parties in lawful possession of the premises subject to
this deed of development rights, pursuant to lease, license, or
II
(iii)
PARTY OF THE FIRST PART covenants to manage the
property in accordance with a conservation plan
that is developed utilizing the standards and
specifications of the NRCS field office
technical guide and is approved by the
Conservation District
THE following covenants shall run with the land in
perpetuity and shall be deemed applicable, only if New York
State funds are in fact received by the PARTY OF THE SECOND PART
for the pLeillises:
The following language is inserted pursuant to the
Agreement (N.Y.S. Contract No. C800001, CIA Ref. No. MNSRV #01-
PL-004), dated August 15, 2000, between New York State
Department of Agriculture and Markest, having a principal place
of business at 1 Winners Circle, Albany, N.Y. and PARTY OF THE
SECOND PART, acting through its duly constituted DEPARTMENT OF
PLANNING, located at 100 Veterans Memorial Highway, P.O. Box
6100, Hauppauge, New York 11788; and/or pursuant to the
Agreement (N.Y.S. Contract No. C800500, CIA Ref. No. MNSRV #01-
PL-003), dated August 15, 2000, between New York State
Department of Agriculture and Markets, having a principal place
of business at 1 Winners Circle, Albany, N.Y. and PARTY OF THE
SECOND PART, acting through its duly constituted DEPARTMENT OF
PLANNING, located at 100 Veterans Memorial Highway, P.O. Box
6100, Hauppauge, New York 11788:
(i) All amendments to this Agreement/Easement, after
the DEVELOPMENT RIGHTS have been acquired by the
PARTY OF THE SECOND PART shall be authorized by
the N. Y. S. Department of Agriculture and
Markets.
THE PARTY OF THE FIRST PART, its heirs, assigns and/or
party or parties in lawful possession of the premises subject to
this deed of development rights, pursuant to lease, license, or
other arrangement, covenants and agrees that it shall defend,
indemnify and hold PARTY OF THE SECOND PART and any of its
officers, agents, employees, and, their respective successors
and assigns, hiirmless 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 PARTY OF THE FIRST PART in this agreement; (2)
the breach or non-performance of any covenants 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-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
o~~ership, 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.
THE WORD "PARTY" shall be construed as if it read "parties"
whenever the sense of this indenture so requlres.
IN WITNESS WHEREOF, the PARTY OF THE FIRST PART has duly
executed this deed the day and year first above written.
ADVANTAGE TITLE AGENCY, INC.
Title No. 01-AS-24071 (0208-0156-002263)
SCHEDULE A
"Amended May 15, 2002"
As to Parcel One:
ALL that certain plot, piece or parcel ofland, with the buildings and improvements thereon erected,
situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a point on the Northwesterly side of Middle Road (North Road and C. R. #48)
where the same is intersected by the Northeasterly side ofland now or formerly of Frank or Anthony
T. Krupski, which point is distant 691.35 feet Northeasterly when measured along the Northwesterly
side of said Middle Road from the Easterly end of a corner connecting the Northwesterly side of said
Middle Road with the Northeasterly side of Mill Lane, and from said point of beginning;
RUNNING THENCE along said land of Krupski, the following courses and distances:
I.
2.
3.
North 33 degrees 30 minutes 36 seconds West 550.86 feet to a point;
North 34 degrees 14 minutes 46 seconds West 208.50 feet to a point; / 72 ( 1<1
North 34 degrees 47 minutes 46 seconds West 161.83 feet to a point and land now! .
or formerly of Carol Jean Girards; ,
THENCE North 54 degrees 19 minutes 54 seconds East 697.21 feet along said land of Girards to
land now or formerly of Barney Sidor;
THENCE along said land, South 35 degrees 40 minutes 06 seconds East 555.61 feet to the
Northwesterly side of said Middle Road (North Road and C. R. # 48);
THENCE Southwesterly along the Northwesterly side of said Middle Road (North Road and
C. R. #48) along the arc ofa curve bearing to the right having a radius of2231.83 feet, a distance
along said curve of816.83 feet to a point or place of BEGINNING.
The policy to be issued under this report will insure the title to such buildings and
FOR improvements erected on the premises which by law constitute real properly.
CONVEYANCING
ONLY TOGETHER with all the right, title and interest of the parly of the first part, of, in and
to the land lying in the street in front of and adjoining said premises.
Advantage ~Title
C="-=<'~"'?'''CC ~-_"-
ADVANTAGE TITLE AGENCY, INC.
Title No. 01-AS-24071 (0208-0156-002263)
S C H E D U LEA (continued)
As to Parcel Two:
ALL that certain plot, piece or parcel ofland, with the buildings and improvements thereon erected,
situate, lying and being located at Mattituck in the Town of South old, County of Suffolk, State of
New York, being bounded and described as follows:
BEGINNING at a point on the Southerly side of Wickham Avenue (Old Middle Road) marking the
Northeast corner of the premises herein described, said point also being the Northwest corner ofIand
now or fonnerly of Rutkowski;
RUNNING THENCE South 35 degrees 53 minutes 16 seconds East along said land now or fonnerly
of Rutkowski 815.29 feet to a point on the Northwesterly side of Middle Road (C. R. 48 aka Main
Road aka Kings Highway);
THENCE the following two (2) courses and distance along the Northwesterly line of Middle Road:
1. South 14 degrees 21 minutes 37seconds West 314.16 feet to a point;
2. Southerly along the arc of a curve bearing to the right having a radius of2231.83 feet
and a distance of I 07.43 feet to a point and land now or fonnerly of Tuthill, Torray,
Lupton & Son, Inc.;
THENCE North 35 degrees 40 minutes 06 seconds West along last mentioned land 1135.61 feet to
the Southerly side of Wickham Avenue (Old Middle Road);
THENCE North 63 degrees 25 minutes 49 seconds East along the Southerly side of Wickham
Avenue 325.71 feet to the point or place of BEGINNING.
~
The policy to be issued under this report will insure the title to such buildings and
FOR improvements erected on the premises which by law constitute real property.
CONVEYANCING
ONLY TOGETHER with all the right, title and interest of the party of the first part, of, In and
to the land lying in the street in front of and adjoining said premises.
A dVilntage ~Title
[-;- 2
Number of pages
I
RECORDED
2002 Jul 15 12:24:58 PM
Edl.,.l.~rd P.~:om.3ine
CLmK OF
SUFFOLK COUIH'.'.
L D00012197
F' 234
DT# 01-48194
/?>
. -,
c.~:~>
TORRENS
Serial #
Certificate #
Prior Ctf. #
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
Recording / Filing Stamps
4
FEES
Page / Filing Fee
Mortgage AmI.
Handling
TP-584
I. Basic Tax
2. Additional Tax
Notation
Sub Total
EA-52 17 (County)
Sub Total
Comm. of Ed.
50~
Spec.! Assi!.
Or
Spec. / Add.
EA-5217 (State)
R. P.T.S.A.
}>~
Other
Sub Total
GRAND TOTJ::Ijrf..J~ I
TOT MTG. TAX
Dual Town Dual County
Held for Apportionment ~ /
Transfer Tax ON ()y,( Lv-
~"-=' I
Mansion Tax
The property covered by this mortgage is or
will be improved by a one or two family
dwelling only.
YES or NO
If NO, see appropriate tax clause on page #
of this instrument.
Affidavit
Certified Copy
'-/~
Reg. Copy
Real Property Tax Service Agency Verification
Dist. Section Block
Lot
6 Conununity Preservation Fund
Consideration AlTIOunt $
Stamp
10
02021464 1000 10800 0100 001001
CPF Tax Due
$
Initials
Improved
Date
7
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
Vacant Land
Christopher Wrede
Division of Real Estate
Department of Planning
H. Lee Dennison Bldg.,
P.O. Box 6100
Hauppauge, NY 11788
TD
TD
TD
2nd Floor
9
Suffolk Count
Title Company Information
Co. Name Advantage Title
Title # 01 AS 24071
Recordin & Endorsement Pa e
8
TIus page fonns part of the attached
Deed
made by:
(SPECIFY TYPE OF INSTRUMENT )
Ruth Pollio, Trustee of the Ruth
Pollio Revocable Trust
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK
TO
County of Suffolk
In the Township of
In the VILLAGE
or HAMLET of
Southold
BOXES 5 lllRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(OVER)
.
111111111111 111111111111111 1111111111111111111111111111
111111111111 1111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 7
TRANSFER TAX NUMBER: 01-48194
Recorded:
At:
LIBER:
PAGE:
District:
1000
Deed Amount:
Section:
108.00
EXAMINED AND
$255,708.00
FOLLOWS
Block:
01. 00
CHARGED AS
Received the Following Fees For
Above Instrument
Exempt
YES Handling
YES NYS SURCHG
YES EA-STATE
YES Cert.Copies
YES SCTM
YES Comm.Pres
Fees Paid
Page/Filing
COE
EA-CTY
TP-584
RPT
Transfer tax
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TRANSFER TAX NUMBER: 01-48194
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
07/15/2002
12:24:58 PM
000012197
234
Lot:
001.001
$0.00
$0.00
$0.00
$4.00
$0.00
$0.00
$4.00
Exempt
YES
YES
YES
YES
YES
YES
PLEASE. T*fPE OR PRESS FIRMLY WHEN WRITING ON FORM
INSTRUICT"ONS: http://www.orps.state,ny.us or PHONE (518) 473-7222
FOR COUNTY USE ONLY
C1, SWIS Code
{j 0-0 c",., -7
I ' I II J I;} I ~~~. I 'I I
1. Property
location
C2. Date Deed Recorded
7 / /s / <:..::> I
Month Day Year
C3, Book 1/,"< , / , 7, AC4. Page I
PROPERTY INFORMATION
. ~
0<:1 ->1
</1
~a 1-1'<
;1/1
I V {,
VillAGE
STREET NUMBER
(
)
CITY OR TOWN
2. Buyer
Name
FIRST NAME
LAST NAME I COMPANY
FIRST NAME
3. Tax Indicate where future Tax Bills are to be sent
Billing if other than buyer address (at bottom of form)
Address
REAL PROPERTY TRANSFER REPORT
STATE OF NEW YORK
STATE BOARD OF REAL PROPERTY SERVICES
RP - 5217
RP.5217 RH 3197
ZIP CODE
LAST NAME I COMPANY
FIRST NAME
STREET NUMBER AND STREET NAME
CITY OR TOWN
ZIP CODE
4. Indicate the number of Assessment
Roll parcels transferred on the deed
.1 j # of Parcels
OR D Part of a Parcel
ST~TE
(Only if Part of a Parcel) Check as they apply:
4A. Planning Board with Subdivision Authority Exists
o
o
o
Ixl
~) . DEPTH
\ 01116
(, b 48. Subdivision Approval was Required for Transfer
. , I 4C. Parcel Approved for Subdivision with Map Provided
n LIt h
FIRST NAME
5. Deed
Property
Size
,I ,'1
ACRES
lOR I
FRONT FEET
6. Seller
Name
LAST NAME I COMPANY
LAST NAME I COMPANY
FIRST NAME
7. Check the box below which most accurately describes the use of the property at the time of sale:
A~ One Family Residential
B 2 or 3 Family Residential-
C Residential Vacant land
D. Non-Residential Vacant land
E~A9,;cUI,",al I ~
F Commercial J
G Apartment K
H Entertainment / Amusement L
Community Service
Industrial
Public Service
Forest
Check the boxes below as they apply:
8. Ownership Type is Condominium
9. New Construction on Vacant Land
o
o
o
o
10A. Property located within an Agricultural District
108. Buyer received a disclosure notice indicating
that the property is in an Agricultural District
SALE INFORMATION
15. Check one or more of these conditions as applicable to transfer:
/~I to" O~ G.2.1
'J , / /
Month Day Year
.~- / / i ,
Month Day Year
A
B
C
D
E
F
G
H
I
J
11. Sale Contract Date
12. Date of Sale I Transfer
~! L:- ..----, O. O.
. 0, ).J. i. . D . 0 . 0 I
, , .
(Full Sale Price is the total amount paid for the property including personal property.
This payment may be in the form of cash, other property or goods, or the assumption of
mortgages or other obligations.) Please round to the nearest whole dollar amount.
13. Full Sale Price
14. Indicate the value of personal I I I ! 0 I 0 1
property included in the sale, , .
ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill
Sale Between Relatives or Former Relatives
Sale Between Related Companies or Partners in Business
One of the Buyers is also a Seller
Buyer or Seller is Government Agency or Lending Institution
Deed Type not Warranty or Bargain and Sale (Specify Below)
Sale of Fractional or Less than Fee Interest (Specify Below)
Significant Change in Property Between Taxable Status and Sale Dates
Sale of Business is Included in Sale Price
Other Unusual Factors Affecting Sale Price (Specify Below)
None
16. Year of Assessment Roll from I C) I
which information taken
17. Total Assessed Value (of all parcels in transferll
SVL~ll.IJ
18. Property Class
I I .2 , D,_LJ
19. School District Name I
20. Tax Map Identifier(s) / Rollldentifier(s) (If more than four, attach sheet with additional tcIentifier(s))
IlJt)) - ) O~ - 0 I ~ ) I \
5
0(> 0
,
;
;
103-1-1-1
I
I CERTIFICATION
I certify that aU of the items of information entered on this fonn are true and correct (to the best of my knowledge and belief) and J understand that the making
of any willful faJpe s;,te?fent of material fact herein will subject me to the provisions of the penal law relative to the making and filing of false instruments.
(v--,\~ Dr 1v~~lr ~ BUYER'S ATTORNEY
l
6,
LAST NAME
FIRST NAME
~\ h kid
~."! i ~LJj/f]
it VOfT."'f N\(
CITY OR TOWN tf STATE
( 1 I
U-,'
D?i VI J
s s 7 - t:, ( )3
AREA CODE
j17rY
ZIP CODE
SELLER
><',
SELLER SIGNATURE
i) ~
(DLLJ (;
.
DATE J
;
PVli\
TELEPHONE NUMBER
CITYfTOWN ASSESSOR
COpy