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Home My WebLink AboutL 12389 P 769 if- 0""- /' I .""\ . -!-r / /J ~ -# I2tfc C;3()17~-= )01--(-),:5: J(~ -- ~\ 7-jf/3 --:1 (fll-J f GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the 4th day of May, 2005 at Southold, New York. The parties are (lll-tLL. {;..,e/I'ptt a u.tL fYlJUt/L-eell M. GRIPPA, residing at 1100 County Road 48, Mattituck, New York .~ 11952 (herein collectively called "Grantor"), and the TOWN OF SOUTHOLD, a ~ /!,J municipal corporation, having its principal office at 53095 Main Road, P.O. pa 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 #1000-122-1-2.2, more fully described in SCHEDULE A attached hereto made a part hereof and shown on the survey prepared by Peconic Surveyors dated October 19, 2004 hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the R-40 Zoning District of the Town of Southold. WHEREAS, the Property is part of the New York State Agricultural District # 1, and the Grantor wishes to continue using the Property as scenic open space as defined in the Town Code of the Town of Southold, or in an agricultural capacity as defined in this Easement; and WHEREAS, the Property consists of forest and open acreage with horse paddocks; 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 open condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any extensive 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 TWO HUNDRED AND FIFTY-FIVE THOUSAND-FOUR HUNDRED AND TWENTY-SIX AND XX/100 Dollars ($255,426.00) 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 ri~lhts 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 mlJnicipal 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 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. 0.04 Governmental Recoanition 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 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 2 File No: RH04301763 SCHEDULE A-DESCRIPTION AMENDED 01/06/05 ALL that certain plot, piece or parcel of land, situate, iying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the Northeast corner of the premises herein described, said point being 842 feet (more or less) Westerly from the corner formed by the intersection of the Westerly side of Lipco Road with the Southerly side of Middle Road (C.R. 48); said point also being the corner formed by the intersection of the Westerly side of "Old Neck Road or Shirley Road" with the Southerly side of Middle Road (C.R. 48); RUNNING THENCE South 30 degrees 37 minutes 50 seconds East along the Westerly side of "Old Neck Road or Shirley Road", 135.70 feet to land now or formerly of Alderman, Miska and Olmsted; RUNNING THENCE along said land now or formerly of Alderman, Miska and Olmsted, South 69 degrees 19 minutes 30 seconds West, 91.00 feet to land now or formerly of Boehm; RUNNING THENCE along said land now or formerly of Boehm and land now or formerly of Klipp, South 75 degrees 23 minutes 40 seconds West, 199.90 feet to land now or formerly of Lynaugh; RUNNING THENCE along said land now or formerly of Lynaugh, South 80 degrees 17 minutes 30 seconds West, 100,08 feet to land now or formerly of Burt; RUNNING THENCE along said land now or formerly of Burt and land now or formerly of Demchuk, South 78 degrees 00 minutes 30 seconds West, 174.92 feet; RUNNING THENCE continuing along land now or formerly of Demchuk, South 13 degrees 00 minutes 20 seconds East, 68.55 feet to land now or formerly of Meyer; RUNNING THENCE along said land now or formerly of Meyer and land now or formerly of Sisson, South 76 degrees 18 minutes 50 seconds West, 165.00 feet; RUNNING THENCE continuing along land now or formeriy of Sisson, South 13 degrees 00 minutes 20 seconds East, 264.00 feet to the Northerly side of Sound Avenue; RUNNING THENCE along the Northerly side of Sound Avenue, the following 2 courses and distances: 1) South 76 degrees 18 minutes 50 seconds West, 414.40 feet; 2) South 81 degrees 50 minutes 50 seconds West, 26.88 feet to land now or formerly of Grippa; RUNNING THENCE along said last mentioned land the following 2 courses and distances: 1) North 19 degrees 54 minutes 00 seconds West, 200.00 feet; 2) South 81 degrees 50 minutes 50 seconds West, 200.00 feet; RUNNING THENCE North 19 degrees 54 minutes 00 seconds West, 43.34 feet; RUNNING THENCE South 74 degrees 49 minutes 00 seconds West, 408.81 feet to land now or formerly of L.I.P.A.; RUNNING THENCE along said land now or formeriy of L.I.P.A., North 35 degrees 16 minutes West, 41.30 feet to land now or formerly of JIMD, Inc.; Legal Description File No: RH04301763 RUNNING THENCE along said land now or formerly of JIMD, Inc., North 35 degrees 38 minutes 50 seconds West, 170.56 feet to the Southerly side of Middle Road (C.R. 48); RUNNING THENCE along the Southerly side of Middle Road (C.R. 48) the following 2 courses and distances: 1) Along an arc of a curve bearing to the right having a radius of 2820.79 feet, a distance of 168.62 feet; 2) North 76 degrees 00 minutes 40 seconds East, 1680.02 feet to the monument at the point or place of BEGINNING. EXCEPHNG THEREFROM so much of the premises as described as follows: BEGINNING at a pOint on the southerly side of Middle Road (C. R. 48) distant westerly 1096.38 feet as measured along same from the intersection of the westerly side of Oid Neck Road or Shiriey Road with the southerly side of Middle Road (C. R.48) ,; RUNNING THENCE South 32 degrees 26 minutes 00 seconds East, 100.00 feet; RUNNING THENCE North 73 degrees 33 minutes 00 seconds East, 120.61 feet; RUNNING THENCE South 16 degrees 27 minutes 00 seconds East, 117.72 feet; RUNNING THENCE South 73 degrees 33 minutes 00 seconds West, 419.80 feet; RUNNING THENCE North 19 degrees 54 minutes 00 seconds West, 31.97 feet; RUNNING THENCE South 74 degrees 49 minutes 00 seconds West, 40.31 feet; RUNNING THENCE South 17 degrees 49 minutes 00 seconds East, 194.79 feet to the southeriy side of Middle Road (C.R.48); RUNNING THENCE along the southerly side of Middle Road (C.R.48) North 76 degrees 00 minutes 40 seconds East, 31B.82 feet to the point or piace of BEGINNING. 11111111111111111111111111111111 11111111111111111111111 111111111111111111111 1111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Inl~trument: EASEMENT/DOP Number of Pages: 16 Receipt Number : 05-0057904 TRANSFER TAX NUMBER: 04-42774 Recorded: At: 05/31/2005 09:09:11 AM LIBER: PAGE: 000012389 769 District: 1000 Section: 121. 00 EXAMINED AND $255,426.00 Block: 02.00 CHARGED AS Lot: 005.000 FOLLOWS Deed Amoun1:: Received the Following Fees For Page/Filing COE TP-584 Cert. Copi,~s SCTM Comm.Pres $48.00 $5.00 $5.00 $10.40 $0.00 $0.00 Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT NO Transfer tax NO $5.00 $15.00 $0.00 $50.00 $0.00 Exempt NO NO NO NO NO Fees Paid $138.40 TRANSFER TAX NUMBER: 04-42774 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 1B)~~~~\W~rm ln1 JUN 2 4 2005 l1U DEPT. OF LAND PRESERVATION 1[!] . \~, "'1:"" -':'J:<_":_~' .- Number of pages TORRENS .'.'.'1"';"'_ ~,;. ')':::' :Y~j~: EO:J;..}.,j ,.c; r-:', f~:C;i!':.3 iri"= ;::U:FJ:: CF Serial # SUi:.:"F:),j, cuur,n-.... .,.'.,,-'.',"--"- __ ~--),.n_IL~_.::';:;'7 . Certificate # c' "h:C! [:;T:i:j: 0'+-42774 Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES Recording / Filing Stamps 2J Page / Filing Fee Handling Comm. of Ed. 5. 00 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec.! Assit. or Spec. /Add. TOT. MTG. TAX Dual Town _ Dual County Held for APPointm:u:e 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 5. 00 TP-584 6 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Sub Total 50&3 Affidavit --:1f\ ~~,~U NYS Surcharge l5..QL Sub Total Other Grand Total ( 3 ~,4P & If NO, see appropriate tax clause on page # of this instrument. ~ Dist. IN]) Section 1'):7- Real Property Tax Service Agency Verification Block 0/ ,. 1000 12100 0200 005000 1000 12200 0100 002005 5 Community Preservation Fund Consideration Amount $ JS":>" 'I~l./ CPF Tax Due $ Improved 61 Satisfaclions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD /0 x L~ /;. /C:t~~f~, J ~> s ~:J~1A-1Zd c:5.~~~ftI!9w 7 Titl ~ Suffolk Count Recordi This page forms part of the attached t:-~ ~~ =~~~=~~ -- . __- TO ~. In the Township of U~ ;' ~.ir~ In the VILLAGE ,/JA -iI;~ ~ or HAMLET of L!JilL ~ , BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FIL TD TD