HomeMy WebLinkAboutL 12128 P 743
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DEED OF DEVELOPMENT RIGHTS
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THIS INDENTURE, made this 25th Qay of ~unel 2001, r. J
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BETWEEN CATHERINE SIDOR/residing at 3980 Wickham Avenue, Mattituck,
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 TWO
HUNDRED TWENTY-ONE THOUSAND SEVEN HUNDRED TWENTY-FOUR
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6 -..-{$221 ,724.00) lawful money of the United States and other good and valuable
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~v..r;l' 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 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:
BEGINNING at a point on the Northwesterly side of Middle Road (C.R. #48) at the
southwesterly corner of the premises herein described and the southeasterly corner of
land now or formerly of the County of Suffolk;
RUNNING THENCE along said land now or formerly of the County of Suffolk the
following two (2) courses and distances:
1. North 51 degrees 16 minutes 57 seconds West 427.45 feet and
2. South 64 degrees 17 minutes 07 seconds West 565.10 feet to the easterly side
of Mary's Road;
THENCE North 27 degrees 17 minutes 46 seconds along said easterly side of Mary's
Road, 790.67 feet to land now or formerly of John J. Sidor, Jr. and Catherine Sidor;
THENCE North 61 degrees 00 minutes 53 seconds East along said land, 134.00 feet;
THENCE North 60 degrees 16 minutes 11 seconds East 381.18 feet to land now or
formerly of John E. ClauSe and Joanna Paulson;
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THENCE North 52 degrees 54 minutes 59 seconds1along said land, 137.00 feet to land
now or formerly of Mario & Florence Belletti; "
THENCE North 58 degrees 42 minutes 09 seconds East along said land, 200.74 feet;
THENCE North 18 degrees 45 minutes 21 seconds West still along said last mentioned
land, 105.14 feet to land now or formerly of John J. Sidor, Jr. and Catherine Sidor;
THENCE South 30 degrees 38 minutes 46 seconds East along said land now or
formerly of John J. Sidor, Jr. and Catherine Sidor, 1270.83 feet to the northwesterly side
of Middle Road (C.R. 48);
THENCE South 38 degrees 43 minutes 03 seconds West along said northwesterly side
of Middle Road (C.R. 48), 220.28 feet to the point or place of BEGINNING.
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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 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
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
as defined herein.
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 definition of "Agricultural Production: as defined in Section 25-30 of
Chapter 25 of the Southold Town Code is as follows:
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"Agricultural Production- shall mean the production for
commercial purposes of crops, livestock and livestock products, but not
land or portions thereof used for processing or retail merchandising of
such crops, livestock or livestock products. Land used in "agricultural
production" shall also include fences, equipment storage buildings,
livestock barns, irrigation systems, and any other structures used
exclusively for agricultural purposes."
THE party of the first part and the party of the second part do hereby
convenant 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 to the property described
herein 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.
THE word "party" shall be construed as if it reads "parties" whenever the
sense of this indenture so requires.
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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 after notice. This covenant shall not preclude lawful, normal
and proper application of legal fertilizers, pesticides and fungicides for legitimate
agricultural purposes. 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 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, 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 a party other than Purchaser, its agents or employees, by reason of a
violation or non-compliance with any environmental law; or the improper
disposal, discharge or release of solid wastes, pollutants or hazardous,
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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 Southold
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.
The following shall be a covenant running with the land in perpetuity
subject to the Town receiving grant money from the New York State Department
of Agriculture reimbursing the Town for the partial or total purchase price of this
interest in land: "all amendments to the approved easements (the covenants
and restrictions set forth in this Deed) must be authorized by the New York State
Department of Agriculture." This covenant shall run with the land in perpetuity.
IN WITNESS WHEREOF, the party of the first part has duly executed this
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deed the day and year first written above.
Seller:
Y::;.L/?p/, L~ _
CATHERINE SIDOR.
RECOPOED
2001 }ul 10 04:1":~g2J. PM
/ '. '\ Ed"."'d F'. ROUi-" i ,,,,, .
~ ~ CLERK OF
::;UFFOLK CCUi""{T'/
L D00012128
P 743
Purchaser:
Town of Southold
DT# 00--45082
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W. COCHRAN, Supervisor
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)ss:
On the 25th q~4.-ot...J~i1~1.-~O$J'.../b~ore me personally appeared
CATHERINE SIDOR,""~€fson~ry~rno M"l'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 she executed the same and that by her
signature on the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrument.
Not,Jf::ij 7 ~
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
KAREN J. HAGEN
NOTARY PUBLIC, Slale of New YorK
No. 02HA4927029
Qualified In Suffolk County "1-
Commission Expires March 21, 20 L-
)55:
On the 25th day of June, 2001, before me personally appeared JEAN W.
COCHRAN, 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 she executed the same in her capacity
as Supervisor of the TOWN OF SOUTHOLD, and that by her signature on the
instrument, the individual, or the municipal corporation upon behalf of which the
individual acted, executed the instrument.
No2~
7 ~ '''''J."",,,
. NOTARY PUBLIC, Slale of New York
No. 02HA4927029
Clu,alified in Suffolk County
Commission Expires March 21, 20 ~
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TORRENS
RECORPm
2001 Jul 10 04~ t3~ 2i .p~1
Number of pages
Ed!;.!ard P.Rom.;ine
Serial #
CLERK OF
Prior Clf. #
SUFFOLK COUNT'./
L P00012128
P 743
DT# 00-45082
Certificate #
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
FEES
Recording / Filing Stamps
4
Page / Filing Fee
O?!
S
5
Mortgage Amt.
Handling
TP-584
1. Basic Tax
2. Additional Tax
Notation
R.P.T.S.A.
-
~~ _ Sub Total
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15=-
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Sub Total
EA-52 17 (County)
EA-5217 (State)
Comm. of Ed.
50~
Spec.! Assi!.
Or
Spec. / Add.
TOT. MTG. TAX
Dual Town Dual County
Held for Apportionment
Affidavit
Transfer Tax
-tr
Sub Total
1S
t4-
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.
Certified Copy
Reg. Copy
Other
GRAND TOTAL
Real Property Tax Service Agency Verification
Dis!. Section Block
Lot
6 Community Preservation Fund
Consideration Amount $ 22.1, 7.J.,t./,lJl>
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CPF Tax Due
$
7n;.{f-O (
Improved
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
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Vacant Land
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Title Company Information
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Co. Name .0
Title # 7
Suffolk Count Recordin & Endorsement Pa e
This page forms part of the attached I:>etu/ ~ beuellJf/IY7f?/?.f J1/lq his
(SPECIFY TYPE OF INS1RUMENf)
~enfleS/;/pr. ~ kj... Kd..i->herlY\S:L The premises herein is situated in
~/yJ t1 " SUFFOLK COUNTY, NEW YORK.
TO' In the Township of ~ou+/YPtf
b c;urlv> Id In the VILLAGE
or HAl'v1LET of
made by:
1Ownc;{.
AJdlhlu.tk:
BOXES 51HRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
In\lI:D\
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1111111111111111111111111111111111111111111111111111111
1111111111111111I11111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 8
TRANSFER TAX NUMBER: 00-45082
Recorded:
At:
LIBER:
PAGE:
07/10/2001
04:13:21 PM
000012128
743
Deed Amount:
Section:
107.00
EXAMINED AND
$221,724.00
Block:
10.00
CHARGED AS
Lot:
003.002
District:
1000
FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $24.00 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 $15.00 NO
SCTM $0.00 NO Transfer tax $0.00 NO
Comm.Pres $0.00 NO
Fees Paid $84.00
TRANSFER TAX NUMBER: 00-45082
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
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m1 AUG - 3 2001 lldJ
TOWN ATTORNEY'S OFFICE
TOWN OF SOUTHOLO