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CORRECTION DEED OF DEVELOPMENT RIGHTS
This document shall serve to correct the Deed of Development Rights
recorded on December 28, 2000, in Liber D00012093 at Page 057 as it
pertains to Suffolk County Tax Map \umber Distrito 1000, Section
059.00, Block 04.00, Lot 009.001. The required correction is as follows:
there is an error in the legal description for this parcel.
TFIIS INDENTURE, made this ~ay of September, 2006
between Anne A. liuhbard, residing at 9 Lcggct Roud, Bronxville, Ncw York, parry of
the first pan,
AND the TOWN OF SOUTI TOLD, a municipal corporation having its office and
principal place oCbusiness at 53095 Main Road, Town of Southold, County of Suffolk
and State of Ncw York, parry of the second part;
W ITNESSF.TH, that the party of the first part, in consideration of Onc Dollar and
other good and valuable consideration paid by the party of the second part,
DOES HEREBY GRANT AND RELEASE unto the pony of the second part, its
successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the
permanent Icgal interest and right, as authorized by Section 247 of the Ncw York State
Gcrtcral Municipal Law, as amended, to permit, reyuirc or restrict the use of the premises
exclusively for open space or agricultural praluction as that term is presently defined in
Chapter 70 of the Town Code of the Town of Southold, and the right to prohibitor
restrict the use ol'the premises and uny structures thereon for any purpose other than as
open space or agricultural production, to the properly described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold,
Town of Southold, County of Sufiblk, and State of Ncw York, being bounded and
described as follows:
BEGINNING at a point on the southerly line of Middle Road (C.R. 48) at the
intersection formed by the southtvly line ol'Middlc Road (C.R. 48) with the westerly line
of land now or formerly of Thomas Hubbard, said point and place of beginning north 79
degrees 37 minutes 00 seconds Wcst, a distance of 34.G5 feet to tltc southerly lint of
Middle Road (C.R. 48);
THENCE south 54 degrees 25 minutes 4U seconds West, a distance of 418.48 feet
from a point on the westerly line of Hortons L:tnc;
Rl_iNNING TI IENCE from said point or place of beginning in a southerly
direction along lands now or formerly of Thomas Hubbard south 35 degrees 34 minutes
30 seconds East, a distance of 300.00 Ceet to a point and lands now or formerly of Francis
Conway and the Town of Southold;
THENCE along lands now or formerly of Francis Comvay and Town of Southold
south 54 degrees 25 minutes 40 seconds West, a distance of 300.00 feet to a point and
other lands now or formerly of Thomas Hubbard;
THC-NCE north 35 degrees 34 minutes 20 seconds Wcst, a distance of 300.55 feet
to a point on anon-tangent curve to the left having a radius of 8872.00 feet;
THENCE along said curve to the left having a radius of 8872.00 feet, a distance
of 98.94 feel to a point;
THENCE north 54 degrees 25 minutrs 40 seconds East still along the southerly
line of Middle Road (C.R. 48), a distance of 101.06 feet to the POINT OR PLACE OF
BEGINNING.
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 thcrmf.
TOGETHER with the appurtenances and all lhr esuttr and rights of the party of
the first part in and to said premises, ittsol'ar as the rights gratt[ed 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, fomver,
2
AND the party of the first part covenants that the pony of the first part has not
done or suffered anything whereby the said premises have been cncumbertxi in any way
whatever, except as aforesaid. The party of the first pari, as a covenant running with the
land in perpetuity, funhcr covenants and agrees for the party of the first part, and the
heirs, Icgal representatives, successors and assigns ofthe party of the first part, to use the
pntniscs on and afirr the date of this instrument solely for the purpose of open space or
agricultural production.
AND the parry of the first part, as a covenant running with the land in perpetuity,
further covenants and agrees for the piny of the Grst part, and the heirs, Icgal
representatives, successors and assigns of the parry of the first pan, that the parcels of
real property described herein are open lands actually used in open space or bona f de
agricultural production as defined in GML Section 247 and shall remain open lands
actually us«1 in open space or bona fide agricultural production. This covenant shall run
with the land in perpetuity.
• AND the party of the first part, covenants in all aspects to comply with Section 13
of the Licn La~v, us same applies with said conveyance.
THC party of the first part and the party ol'the second part do hereby covenant
and agree in perpetuity that either of them or their respective heirs, successors, legal
representatives or assigns, shall only use the premises on and aRcr this date as open space
or for the purpose of such agricultural production and the grantor covenants and agrees
that the underlying fcc title 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 ofthc Real
Property Law, or any of such sections of the Town or Real Property Law or any lows
replacing or in furtherance of them. The underlying fee may be divided by conveyance or
devise of parts thereof to heirs and next of kin, by gi It or will or by operation of law, or to
other persons with written recordable consent of the party of the second pan. This
covenant shall run with the land in perpetuity.
Nothing contained herein shall prohibit the sale of the underlying fcc or any
portion thereof.
1'H E word "party" shall be construed as i f it reads "parties" whenever the sense of
this indenture so requires.
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 oChazanious 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 silt conditions and for
inspection of the premises for compliance with this agreement. This covenant shall run
with the land in perpetuity.
THE party of the first part, her heirs, legal rcpresenuttivcs, successors and assigns
of the party of the first part covenants and agrees that she shall indcntnify and hold party
of the second part and any of its ol)iccrs, agents, rntployccs, and, their respective
successors and assigns, harmless From and against any and all d;unagcs, claims, losses,
liabilities and expenses, including, without limitation, responsibility for Icgal, consulting,
rngincering and other costs and expenses which may arise out of (1) uny inttecuracy or
misrepresentation inany representation or warranty made by seller in this agreement; (2)
the brrach ornon-performance of any covenants required by this agreement to be
4
pcrfortncd by the party o I'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
rclicf, 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 ownership, operation, and/or condition of the premises prior to
or subsequent to the execution of the Dccd of Dcvclopntent Rights. This covenant shall
run with the land in perpetuity.
AS set forth in Chapter l 7 and Chapter 70 of the Town Code of the Town of
Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of
these Chapters shall not thereafter be alicn:tted, except upon the affirmative vote of a
majority of the Town Board aflcr 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
subscyucnt amendment of tltc provisions of these Chapters shall alter the limitations
imposed upon the alienation ofdevelopntent rights acyuircd by the Town prior 1o any
such antendntcnt. This covenant shall run with the land in perpetuity.
It is further agnxYi bctw•ccn the grantors and the Town of Southold that, in
addition to the Town of Southold having the right to enforce the covenants and
restrictions contained herein the grantors, her heirs, assigns or legal reprcscnlalivcs shall
have the right to enforce the covenants and restrictions contained herein.
5
1N VdITNESS WHEREOI~, the party of the first part has duly executed this
decd the day and year first written about./~
Scllcr: /ll~L~~t /~'~~
Anne A. Hubbard
purchaser: Town of South
By: ~
Scott .Russell, Supcn•isor
Sl'A'fE OF NEW YORK )
ss.:
COUNTI' OF .)
On the day of vt ~ . ~ 2006, before me personally appeared
ANNE A. HUBBARD, personally mown to me or provided to me on the basis of
satisfactory evidence to bt the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon chalfof which the
individual acted, executed the docuntcnt.
DYA+J C McCUEN ~ .
Nofery Public. Stets o1 New Yak
No.OtM00089a09 Notary u is
Ouelifled in New York Couray
Cortanaaicn Expires February 4.2010
STATE OF NEW YORK )
ss.:
COUNTI'OFSUFFOLK )
On the ~`'r`' day of~O tm/~~ , 2006, before me personally appcarcxi
SCOTT A. RUSSELL, personally known to me or provided to ntc on the basis of
satisfactory evidence to he the individual whose name is subscribed to the within
instrument and acknowledged to me that he cxccutal the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the document.
~~, /l ~/}n~.c.J
Notarv PUblic~ '
NOTARY PUBtA1C Stem oENew Y
s0^O1CCga225g9, Sulkllk ~
~~ December 97,
s
. 1 2
_..i
RECORDED
Number•of pages 2006 Oct 06 09:16:20 RN
TORRENS Judith R. Pascale
CLERK OF
Serial # 5l1FFOLK COUNTY
L D00012472
Cettil"icate # p 631
DTrs D6-06358
Prior Ctf. #
Deed .Mortgage Instrument Dcai /Mortgage Tax Stamp Recording /Filing St:unps
3 ~S
Page /Filing Fee ~ ~ Mongage Amt.
1. Basic Tax
Handling 5. 9~ _
2. Additional Tltx _
TP-584 Sub Total _
G;'1
JV Spec. / Assit.
Notation
- or
EA-5217 (County) S- Sub Total Spa. /Add. _
~ TOT. J1TG TAX _
EA-5217 (State) Dual Tou-n - Dual County _
,r1 tp Held for Appointment ~~
TmnskrTrx
,~ -
Comm. of Ed. 5. (~ ~ ~ Mansion T:ix
Affidavi[ • ~
,.
The property covered by rlus nungagc i
5 / ~ or will be improved by a one or ttv
_Certified_Copy~
- -. -.•--- family dwelling only.
Reg. Copy
Sub Total YES or NO
(f NO, see appropriate out clause on
Other ~ Grand Total /~ Page # Of Ihls IRS mcnt.
____ 'j~
(%
1000 059.00
4 District Section 04.00
Block 009.001
Lot S Community Preservation Fund
Real 0~34~7 1000 05900 ' 0400 009001 Consideration Amour[ $ 0
Propctty
Tax Service F' T S
R YIT A
~
CPF Tax Due S
~
Agency
T Impm~•ed
Verification
Vacant L•rnd
6 Satisfaction/Discharges/Release List Property Owners Mailing Address
RECORD & RETURN TO: TD
PATRICIR A. FINNEGAN, BSQ., TOWN ATTORNEY TD
TOWN OF SOUTHOLD
P.O. Hox 1179
Southold, NY 11971-0959 TD
7 Title Company Information
Co. Name N/A
Title #
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached CORRECTION DEED OF DEVELOPMENT RIGHTS mode b_v:
(SPECIFY TYPE OF INSTRUMENT)
ANNE A. I[UBBARD '
The premisis herein is situ:ued in
SUFFOLK COUNTY, NEW YORK.
TO In the Township of SoUTHOLD
TOWN OF SOI:THOT D In the VII.LAGE
6
w HAMLEToC SOUTHOLD
TO
SIIFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: CORRECTION/DESD/DCO Recorded: 10/06/2006
Number of•Pagees 7 At: 09s16:20 AN
Receipt Number 06-0097787
TRANSFER TA7{ NtJNBER: 06-08358 LIHER: D00012472
PAGE: 831
Districts Section: Blocks Lot:
1000 059.00 04.00 009.001
EXAMINED AND CHARGSD AS FOLLO~PS
Deed Amount: $0.00
Received the Following Feea For Above Instrument
8xempt Exempt
Page/Filing $21.00 NO Handling $5.00 NO
COH $5.00 NO NY3 SRCHG $15.00 NO
8A-CTY $5.00 NO EA-STATE $75.00 NO
TP-584 $5.00 NO Notation $0.50 NO
Cert.Copies. $5.00 NO RPT $30.00 NO
SCTN $0.00 NO. Transfer tax $0.00 NO
Caams.Pres $0.00 NO
Hess Paid $166.50
•TRANSFSR TAX NUMHERs 06-08358
THIS PAGE IS A PART OF THE INSTRUMENT
TNIB IS NOT A HILL
Judith A. Pascale
County Clerk, Suffolk County
• PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM
INSTRUCTIONS: httpJ/ www.orps.state.ny.us or PHONE (518) 473-7222
FOR COUNTY USE ONLY
C. awls Coat
C7. Dab Daad Ratprded
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PROPERTVINFORMATION
T. Properryr
Clseition rius.
~3 8 ~ REAL PROPERTY TRANSFER REPORT
~~ ~ ~ STATE OF NEW YORY
$TAIE BOMD OF REAL PROPERTY S91VYf8
°" ~"' RP-5217
ca P.Y. l ~ c7>, /r I I AP-tltt Yw aw
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an u rewx xwlar a cvo[
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Rd peroda trarelened on tM deed I I e of Parwle OR Pon of a Parpl ~ Plenninp Board with Suhdir'sion ~~ Exhr ^
t Owed _ as Buhmrfoion Approve wu Retla4ad ror Trelrlar ^
r -rdp.rir I I X I I OR I ~ . ~' . ~ I ~ • .G Pama appmr.d lay sutdivhion wltn Moo Provldad ^
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7. Cheep are boa hdow ryldaA moat eeewateh deevYre 1M uee d tlr Property M the YrrrP d ede: fJrad tlr hoeea 6dow s they aPWK
t Ownerhip TyPe k tbrufaneullrn ^
A Ov brolly RWdamlal E X AyrkulWrY 1 Conerrunitll &rvice t Naw Colrtruetbn on Vaeant Land ^
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C ReetdoMYl Vwm land G Apenmsnl K PdYk Sawko 10t Buyor readved • disbwm naiu irtdkadrq ^
D Irat•ReoitlenYrl blunt land H Entartdnrtrnt / Amueemem L Faun tlet dr PraPnty h H en Aplladnan Oiatrla
SALE INFORMATION tt ChwA orr or maa d tlrr mrpbrr r aPPYUhIe b aatMer.
,1.8Me Carrtraet Date I N~1} / I A 14N Belwwen Iwnlwe or Former ReYBvee
r"' H Sels Between fkklW Compeniaa a Ptavlwa in Budrrn
(' Orr d the Buywa is aloo • Boller
12. Drte d tiW / Tnndw I O9 /~ S / Df7 ) D Bayer a SeBw u Dorannrnt ApaI1Ly ru landlnp urew[brI
Yarn Der Yee 1: Dowd Typa nd Wemeltty a &rpeln end SW 1sPdh Ydow)
F Sdo d Frxdenal or lay then Fes 41brsn Ispedh Berowl
O G SIpnlMam t7rerlpa h Property Bnweerl Teaeble Srtue and SW W
,a. Full Hero Prroe I
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11 Sara d BuYnrm V Irdlyded N SW Price
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fftdl sera Pr1u ie the tour amount paid fa tlIe properly IndudlnY penonel papery 1 pMr Unusud Faclom Afhadiq saro Prka isWelh Bcrowl
ilra peynrnt may W In tlr faro al eesh, odrr property a ptrM, a dye eoumpbn d J None
manpopae a other otdlpetlonal Ftme roard ro the rrerau rvholr doper amount
0
,~. hdlrau tlr wrhr d parwrW
pmparH IneAtded N W eale
1t Year d Awrwnwa IteY ken 2I 005 -10~. rdal Aa.w..a vdw Ld.Y prw. In a.rdwl I 2 0 0 I
wAtleb Ylfa'n'a'0n'aY"' q 7 ! F
,at~repwlyar. I ~.a. 11-U ytsardYw~ewm.l Southold School District I
V
m. Ta Map MelttYlerlN ! RoY IdertYRerlel lY rrroro than lour. uaedl drat wltlr addhrorW ld.reYlerlHl
I 1000-059.00-04.00-009.001 I I I
I I l I
CERtIFIfA710N
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aUYER
TOWN OF SOUTHO
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SELLER
/d-~Gl~Lt~s~ I Lo- ~--D (,
euleaauurre ~ .•wn
~~
Finnegan I Patricia A.
oar xeua rrl xwe
631 f 7fi5-1939
aeutm ruewrue xarea
fYEW YORK STATE
COPY