HomeMy WebLinkAboutL 11845 P 64 97 0698C
10
DEED ,
of
DEVELOPMENT RIGHTS
DISTRICT -
1000 THIS INDENTURE, made the 3O-N day of IT", 1997 i
SECTION BETWEEN PECONIC LAND TRUST, INCORPORATED, a not-for-profit
116.00--- corporation, party of the firpt part,
BLOCK --al c,-5
AND the COUNTY OF SUFFOLK, a municipal corporation having its
01_00 office and principal place of business at County Center, No Number
Center Drive, Riverhead, New York, party of the second part,-
LOT p/o
003.-0001 WITNESSETH that the party of the first part, in consideration of
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-� TWO HUNDRED EIGHTY SIX THOUSAND FOUR HUNDRED and 00/100
($286,400.00) 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 forever,
THE DEVELOPMENT RIGHTS, by which is meant. the permanent legal
interest and right, as authorized by §247 of the New York State
General Municipal Law, as amended, and Local Law 16-1981 of the
County of Suffolk, 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, and the
right to preserve open space as- that term is defined in §247 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 certain plot, piece or parcel of land, situate, lying and
being at Cutchogue, Town of Southold, County of Suffolk and State
-.f New York, bounded and described as follows:
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BEGINNING at a point on the southerly side of Main Road (N.Y.S.
Rte 25) , said point being situate 1942.47 feet westerly as
measured along the southerly side of Main Road (N.Y.S. Route 25)
from the intersection of the southerly side of Main Road (N.Y.S.
Route 25) with the westerly side of Linden Avenue, said point also
being the intersection of the westerly line of land known and
designated as Parcel to be Conveyed to the Town of Southold on
Minor Subdivision, "Peconic Land Trust" and the southerly side of
Main Road (N.Y.S. Route 25) ;
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RUNNING THENCE along Parcel to be Conveyed to the Town of Southold
and Lot 1 as designated on Minor Subdivision "Peconic Land Trust"
the following seven (7) courses and distances:
1) South 10 degrees 59 minutes 12 seconds East 713.51 feet;
2) South 60 degrees 43 minutes 05 seconds West 423.96 feet;
3) South 08 degrees 24 minutes 31 seconds East 365.47
it4) South 60 degrees 40 minutes 52 seconds West 236.81 feet;
5) South 12 degrees 17 minutes 16 seconds West 1160.92 feet;
6) South 08 degrees 44 minutes 58 seconds East 384.17 feet;
7) South 11 degrees 44 minutes 34 seconds West 1020.87 feet to the
northerly side of New Suffolk Avenue;
RUNNING THENCE North 64 degrees 58 minutes 20 seconds West along
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the northerly side of New Suffolk Avenue a distance of 906.61 feet
to land now or formerly of Richard I. Ginsberg and Marvin M.
Brown;
RUNNING THENCE along land now or formerly of Richard I. Ginsberg
and Marvin M. Brown the following four (4) courses and distances:
1) North 83 degrees 50 minutes 00 seconds East 536.10 feet;
2) North 11 degrees 28 minutes 30 seconds East 1055.34 feet;
3) North 12 degrees 24 minutes 10 seconds East 847.95 feet;
4) North 08 degrees 06 minutes 00 seconds West 1076.79 feet to the
southerly side of Main Road (N.Y.S. Route 25) ;
i� RUNNING THENCE along the southerly side of Main Road (N.Y.S. Route
25) the following four (4) courses and distances:
1) North 60 degrees 20 minutes 20 seconds East 236.28 feet;
2) North 55 degrees 17 minutes 30 seconds East 471.65 feet;
3) North 58 degrees 21 minutes 50 seconds East 238.69 feet;
4) North 62 degrees 08 minutes 50 seconds East 39.71 feet to land
known and designated as Parcel to be Conveyed to the Town of
Southold on Minor Subdivision "Peconic Land Trust" and do the
point or place of beginning.
EXCEPTING therefrom the following described parcel:
BEGINNING at a point on the southerly side of Main Road (N.Y.S. �
�! Route 25) , said point being situate 1942.47 feet westerly asl
measured along the southerly side of Main Road (N.Y.S. Route 25) 1
from the intersection of the southerly side of Main Road (N.Y.S. '
Route 2S) with the westerly side of Linden Avenue, said point also
being the intersection of the westerly amine of land known and l
designated as Parcel to be Conveyed to the Town of Southold on
Minor Subdivision "Peconic Land Trust" and the southerly side of ,
Main Road (N.Y.S. Route 25) ;
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RUNNING THENCE South 10 degrees 59 minutes 12 seconds East along !
Parcel to be Conveyed to the Town. of Southold a distance of 435.151
feet to a point;
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RUNNING THENCE through the above described parcel the followings
two (2) courses and distances:
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1) South 79 degrees 00 minutes 48 seconds West 200.00 feet;
j2) North 10 degrees 59 minutes 12 seconds West 362.58 feet to the
southerly .side of Main Road (N.Y.S. Route 25) ;
RUNNING THENCE along the southerly side of Main Road (N.Y.S. Route
jl 25) the following two (2) courses and distances:
1) North 58 degrees 21 minutes 50 seconds East 173.12 feet;
2) North 62 degrees 08 minutes 50 seconds East 39.71 feet to the
Parcel to be Conveyed to the Town of Southold and the point orj
place of BEGINNING.
I' BEING AND INTENDED to be part of the same premises conveyed to
Land Trust Incorporated (a not-for-profit N.Y. Corp. ) by �
deed dated June 30, 1997, recorded July R , 1997 in Liber i�.Y37
page jqy I who acquired title from The North Fork Bank & Trust ;
Company, as Co-Executor, and William J. Baxter, Jr. , individually !
and as Cc-Executor under the Last Will & Testament of William J.
Baxter, late of Westchester County, deed dated 6/30/87.
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 art of th
e _i
P y rst Dart as a c v
o enant running
with the land in er etuity fur c
P P , , [her covenants and agrees
ses for es, '
g
party of the first part, and the heirs, _egal representatives,
IIS successors and assigns of the party of the first part, to use of
,i 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 June 23, 1997 as the same is I
recorded in the office of the Suffolk County Clerk in Liber 11±Y1 i .
cp 7_t , portions of which as contained herein have and wJl'
survive the delivery of this instrument of conveyance.
i.
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 will not remove any soil
from the premises described herein.
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 ot}:er
arrangement, covenants and agrees that it will (a) not genera-.c,
store or dispose of hazardous substances on the premises, i.ar i
allow others to do so; (b) comply with all Environmental Laws; (c)
allow party of the second part and its agents reasonable access to
the premises for the purposes of ascertainin4 site 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, its heirs, assigns and/or party or
parties in lawful possession of the premises subject to this deed
jof development rights, pursuant to lease, license, or other
arrangement, covenants and agrees that is 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 fort
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 seller in this agreement; (2)
the breach or non-performance of any covenants required by this l
agreement to be performed by the seller, 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
cr 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
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I vibrations to the extent they arise from the hip, operation,
and/or condition of the premises prior to or subsequent to the
l 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 requires.
IN WITNESS WHEREOF, the party of the first part has duly executed
'tis deed the day and year first above written.
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Peconic Land Trust, Inc.
I
By. ohn H lsey, PresidentI
STATE OF NEW YORK
5:
COUNTY OF SUFFOLK)
On this ;JGN day of T'u Y 191, before me personally
came John Halsey to me known, who being by me duly sworn did
depose and say that he resides at Southampton, N.Y. ; that he is
the President of Peconic Land Trust, Inc. , the corporation
described in and which executed the foregoing instrument, and that
he signed his name thereto by like order.
Notary Public: State w York
i
PPTc!C1AL FUTON
Nmery P"t", F- to p!New Yoh
N,, 4J 0 14 6
QuaLO w1 in SuBo4[ounry 9
Com nu sn iou C.pves A,H 24. 7
145 H064
RECORD & RETURN T0:
David P. Fishbein, Director
Division of Real Estate
Department of Law
158 North County Complex
Hauppauge, New York 11788
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' ` r 00725 i
11845 N064 I 0 RECEIVED F3� RFrpRnrp
Number of wge: / REAL ESTATE 9) t
U
A , 7 AH 11:
TORRENS AUG 0 7 1997 y 25
J r .,,ai n p..
Serials
TRANSFER TAX
SUFF0 II,r yf it
Certificate s COUNTY
Prior Cut.s 00725
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording Filing Stamps
T4s FEES
Page/Filing Fee _ Mortgage Amt —
Handling 1. Basic Tax _
TP-584 -- 2. Additional Tax _
Notation
— Sub Total
EA•5217(County) Sub Total SpccJAssiL
or
EA-5217(Bute) Spec./Add. —
RP.T.S.A. IS,_ TOT.MTG.TAX .—
Comm.of Ed. 5 .00iy Dual Town_Dual County
•• Held for Apportionment —
Affidavit . Transfer Tax
I Ceded Copy _— ,.'� y(�@' Mansion Tax
The property covered by this mortgage is or
Reg.Copy will be improved by a one or two family
Sub Total dwelling only.
Other -GRAND TOTAL /� IC NO,see appropriate tax clam on page s
_ .—
of this instrument.
Rai Property Tax Servitt Agency Verification 6 Title Company information
tturaur Dist. Section Block Lot
P/0 Co nwralth
S t 00 I16.00b 01 .00 003.000 Company Name
-Date
�foy}") R1197UA98-C
Title Number
IN'
8 FEE PAID BY:
Commonwealth, Cash_Check-6--/Charge
Land Title Insurance Compam Payer same as R&R
(or if different)
NAME:
177 OLD COUNTRY ROAD.PO BOX cin R VEPHEAD tiv
ADDRESS:
RECORD&RETURN TO
-7 (ADDRESS)
9 Suffolk County Recording & Endorsement Page
This page forms pan of the attached rte,..+ or De x•e l.,p cent Rlcht � made by:
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY.NEW YORK.
TO Inthe Townshipof Soutl:•Ild
County of Suffolk
In the VILLAGE
orHAMLET of Cu t,-i,.•tiut•
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
,rceaxrsr.
REAL PROkWINII REPORT
STATE OF NEW YORK
STATE BOARD OF REAL PROPERTY SERVICES
RP - 5217
RP-52171 rr 7/%
1.Proparlyl S�S�n I l 'fy Ro4J NYS ate, I
Location STPE NUM.. STREET NAME
rjc6alue
CITY OR wLawDE aP aDE
2.Buyer 0sa
Name LASL NAME/COMPANv ( n /^ FIRST NAME
C-lPA DI✓I SINL fli 1Cr'4' Y ��Q�
LAST NAME/COMPANY ' FIRST NAME
3.Test Indicate where future Tax Bills are to be sent D J
Billing If other than buyer address(at bottom of form) I 1 e come 'TIMIS
Address UST NAME/COMPANY FIRST NAME
I PC). Bey 108 I J�V f�it)mn�aMI �. Y 111969 I
STET NUMBER AND STREET NAME CRV m STA ZIPCOOE
RE
t.Indicate the number of Assessment I—I (Only K Part M e Parag puck as they apply.
Roll parcels transferred on the-dead r I M of Parcels OR IL.�(I Part of a Parcel
Ul Planning Bab with Subdivision Authority Exists ❑
5.Dead .{ p aB.Subdivision Approval was Required for Transfer EJO.
Property 1 X I I OR • J e Q I 1C.Parcel Approved for Subdivision with Map Provided ❑
Site FRONT FEET DEPTACRES
6.Sailor ( PG coNhC 1_a'J -1foy I r
Name LAST NAME/COMPANY FIRST NAME
I I I
UST NAME/COMPANY FIPST NAME
7.Check the bo�t•.below which ost accurately deseribea the use of the property at the time of sale: Check tiu boxes below as they apply:
8.Ownership Type is Condominium ❑
AN One Family Residential E Agricultural I Community Service B.New Construction on Vacant Land El
E 2 or 3 Family Residential F Commercial J Induatrial 10A Property Located within an Agricultural District E]C Residential Vacant Land G Apartment K Public Service 10B.Buyer received a disclosure notice indicating ❑
D Non-Residential Vacant Land H Entertainment/Amusement L Forest that the property,is in an Agricultural District
Eff— '] Cr-1
15.Check one a more of those condition ea applicable to tnmler.
11.Sale ComracfDate 1 06 / 2 ]/ 1 � A Sale Between Relatives or Former Relatives
Mont' Day year E Sale Between Related Companies or Farmers in Business
-7 ? q C One of me Buyers is also a Seller
12.Data of Sale/Transfer 1 U I / ) 0 / 1 7 1 D Buyer or Sellar is Government Agency or Lending Institution
Month Day Year E Deed Type not Warranty or Bargain and Sale(Specify Below)
�ay / F Sale of Fractional or Less than Fee Interest(Specify Below)
13.Full Sale Price I �, 0 I G l"�I n O. 0 0 I CT Significant Change in Property Between Taxable Status and Sale Data
! ! • H Sale of Business is Included in Sale Prim
(Full Sale Prim is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Prim(Specify Below)
This payment may be in the form of cash,other property or goods,or the assumption of J None
mortgages Or other Obligations.) Please round to the nearest whole dollar amount.
1e.Indicate the value of perwnl I 0 0 1
property included In the tele Is
18.Year of Assaamad Roll from
which information taken 17.Total Assessed Value(of all parcels In tanelx)r 1
18.Property Class I I .-L O-L-J 1B.School District Name I l 1 / t �7.If
20.Tax Map Medifier(s)/Roll Identffler(s)(ti more than four,attach sheat wtth additional Idwwdflw(a)) "r ^/- /Q)v
I f�00 - Il6 - 01 - 003 6/2 J I I
I I r I
I all of the items of inform ntioo entered on this form are true and correct(to the beat of my knowledge and belies and I understand Sold the making
of any't false statement of material fact herein will subject me to the provision of the penal law relative to the making and Aft of fate rota.
BUYERnn /nlnn BUYER'S ATTORNEY
GNIAh 11u17s�k 6y.
\ 1/3611-7
7 C PfAIV44
UVEP SIGNA _
DATE USTNAMEJI FIRST NINE
(Sri)
STREET NUMBER STREET NAME(AFTER SAIEI AREA CODE /TELEPHONE NUMBER
CITY OR TOWN �U v STATE(/
SELLER
t�erorl�r r-n.�rl j✓.A s� by: `
ELLEEIL LA I 7I 3n'G 7
R BI GNNATUOF , DATE .,