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HomeMy WebLinkAboutL 11890 P 739 1-IM0 JI / DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT, is made on the 19th day of January, 1999 . The parties are Russell C. McCall and Carolyn R. McCall ( "Grantor" ) residing at 275 Spring Street, Atlanta, Georgia 30:319, and the Peconic not-for-profit New 'York Corporation, having a principal office at 296 Hampton Road (Post Office Box 2088) , Southampton, New York 11968 (herein called "Grantee" ) . INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of 37 . 6 acres of certain real property located in the Town of Southold, Suffolk County, New York, hereinafter more fully described in Schedule A attached hereto, further described as Suffolk County Tax Map Parcel Number 1000-116-1-3 . 2, and hereinafter referred to as the "Property" ; and WHEREAS, the Property is located in the R-80 Zoning District of the Town of Southold, which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town of Southold Code, Section 110-30; and WHEREAS, the Grantor wishes to grant a Conservation Easement on the 37 . 6 acre parcel of Property so that 35 . 6 acres of the Property, hereinafter referred to as the Agricultural Area, (more fully described in Schedule B attached hereto) , shall remain in an open, undeveloped and scenic state and be available for agricultural purposes, and the remaining 80, 000 square feet of the Property, hereinafter referred to as the Development Area (more fully described in Schedule C attached hereto) shall be restricted to the placement of agricultural structures, including, but not limited to, a retail winery or other agricultural operation; and WHEREAS, the aforementioned 37 . 6 Agricultural Area is subject to a deed dated July 30, 1997, recorded on August 7, 1997 in Liber 11845 cp 064, in which the development rights to the Agricultural Area were sold to the County of Suffolk; and WHEREAS, the aforementioned 35 . 8 acre Agricultural Area is actively being farmed in corn, potatoes and other field crops; and WHEREAS, the property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service' s Soil Survey of Suffolk County, New stork; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town' s Master Plan of 1973 , amended in 1.986 and 1989 as adopted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environ- mentally 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 has approximately 950 feet of road frontage on the Main Road (route 25) , a State Road which offers the public a significant vista of scenic, open farmland; and WHEREAS, the Property, in its present scenic, agricultural and open space condition has substantial and significant value as an asthetic and agricultural resource Schedule A "The Property" located at Cutchogue , New York SCTM# : 1000-116-1-3 . 2 ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: 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. IRle. 25) from the intersection of the southerly side of Main Road (N.Y.S. Rte. 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. Rte. 25); 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 deg. 59 min. 12 sec. East 713.51 feet, 2. South 60 deg. 43 min. 05 sec. West 423.96 feet, 3. South 08 deg. 24 min. 31 sec. East 365.47 feet, 4. South 60 deg. 40 min. 52 sec. West 236.81 feet, 5. South 12 deg. 17 min. 18 sec. West 1160.92 feet, 6. South 08 deg. 44 min. 58 sec. East 384.17 feet, 7. South 11 deg. 44 min. 34 sec. West 1020.87 feet to the northerly side of New Suffolk Avenue; RUNNING thence North 64 deg. 58 min. 20 sec. West along the northerly side of New Suffolk Avenue a distance of 906.61 feet to land now or formerly Richard I. Ginsberg and Marvin M. Brown; RUNNING thence along land now or formerly Richard I. Ginsberg and Marvin M. Brown the following four (4) courses and distances: 1. North 83 deg. 50 min. 00 sec. East 536.10 feet, 2. North 11 deg. 28 min. 30 sec. East 1055.34 feet, 3. North 12 deg. 24 min. 10 sec. East 847.95 feet, 4. North 08 deg. 06 min. 00 sec. West 1076.79 feet to the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence along the southerly side of Main Road (N.Y.S. Rte. 25) the following four (4) courses and distances: 1. North 60 deg. 20 min. 20 sec. East 236.28 feet, 2. North 55 deg. 17 min. 30 sec. East 471.65 feet, 3. North 58 deg. 21 min. 50 sec. East 238.69 feet, 4. North 62 deg, 08 min. 50 sec. 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 the point or place of BEGINNING. CONTAINING an area of 37.6366 Acres. Schedule D The Agricultural Area ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (N.Y.S. Rte. 25), said point l eing situate 1942.47 feet westerly as measured along the southerly side of Main Road (N.Y.S. Rte. 25) from the intersection of the southerly side of Main Road (N.Y.S. Rte. 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. Rte. 25); 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 deg. 59 min. 12 sec. East 713.51 feet, 2. South 60 deg. 43 min. 05 sec. West 423.96 feet, 3. South 08 deg. 24 min. 31 sec. East 365.47 feet, 4. South 60 deg. 40 min. 52 sec. West 236.81 feet, 5. South 12 deg. 17 min. 18 sec. West 1160.92 feet, 6. South 08 deg. 44 min. 58 sec. East 384.17 feet, 7. South 11 deg. 44 min. 34 sec. West 1020.87 feet to the northerly side of New Suffolk Avenue; RUNNING thence North 64 (leg. 58 min. 20 sec. West along the northerly side of New Suffolk Avenue a distance of 906.61 feet to land now or formerly Richard I. Ginsberg and Marvin M. Brown; RUNNING thence along land now or formerly Richard I. Ginsberg and Marvin M. Brown the following four (4) courses and distances: 1. North 83 deg. 50 min. 00 sec. East 536.10 feet, 2. North 11 deg. 28 min. 30 sec. East 1055.34 feet, 3. North 12 deg. 24 min. 10 sec. East 847.95 feet, 4. North 08 deg. 06 min. 00 sec. West 1076.79 feet to the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence along the southerly side of Main Road (N.Y.S. Rte. 25) the following four (4) courses and distances: I. North 60 deg. 20 min. 20 sec. East 236.28 feet, 2. North 55 deg. 17 min. 30 sec. East 471.65 feet, 3. North 58 deg. 21 min. 50 sec. East 238.69 feet, 4. North 62 deg. 08 min. 50 sec. 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 the point or place of BEGINNING. CONTAINING an area of 37.6366 Acres. E=XCEPTING therefrom a portion of the above described parcel bounded and described as follows: 1 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. Rte. 25) from the intersection of the southerly side of Main Road (N.Y.S. Rte. 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. Rte. 25); RUNNING thence South 10 deg. 59 min. 12 sec. East along Parcel to be Conveyed to the Town of Southold a distance of 435.15 feet to a point: RUNNING thence through the above described parcel the following two (2) courses, and distances: 1. South 79 deg. 00 min. 48 sec. West 200.00 feet, 2. North 10 deg. 59 min. 12 sec. West 362.58 feet to the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence along the southerly side of Main Road (N.Y.S. Rte. 25) the following two (2) courses and distances: 1. North 58 deg. 21 min. 50 sec. East 173.12 feet, 2. North 62 deg. 08 min. 50 sec. East 39.71 feet to the parcel to be conveyed to the Town of Southold and the point or place of BEGINNING. CONTAINING an area of 80,000 Square Feet. 2 Schedule C The Development- Area 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. Rte. 25) from the intersection of the southerly side of Main Road (N.Y.S. Rte. 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. Rte. 25); RUNNING thence South 10 deg. 59 min. 12 sec. East along Parcel to be Conveyed to the Town of Southold a distance of 435.15 feet to a point: RUNNING thence through the above described parcel the following two (2) courses and distances: 1. South 79 deg. 00 min. 48 sec. West 200.00 feet, 2. North 10 deg. 59 min. 12 sec. West 362.58 feet to the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence along the: southerly side of Main Road (N.Y.S. Rte. 25) the following two (2) courses and distances: 1. North 58 deg. 21 min. 50 sec. East 173.12 feet, 2. North 62 deg. 08 min. 50 sec. East 39.71 feet to the parcel to be conveyed to the Town of Southold and the point or place of BEGINNING. CONTAINING an area of 80,000 Square Feet. 3,1394 RECQR70 1.1890PC739 El D D ( REAL 98 APR 29 AM 10: ?7 Number of pages TORRENS APR 2 9 1998 .r fif= Serial# TRANSFER TAX SUFFOLK Certificate# COUNTY Prior Ctf.# 34394 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fe: Mortgage Amt. Handling I. Basic Tax TP-584 2. Additional Tax Notation Sub Total _ EA-5217(County) Sub Total L, .— Spcc./Assit. or EA-5217(State) �._._ Spec./Add. R.P.T.S.A. �S �y� TOT.MTG.TAX Comm.of Ed. 5 . 00 sy' a Dual Town Dual County Held for Apportionment Affidavit Transfer Tax Certified Copy vy7�� 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 _l O GRAND TOTAL If NO, see appropriate tax clause on page # ' of this instrument. 5Real Property Tax Service Agency Verification 6 Title Company Information Dist. Section Block Lot ��7 _ a iv / de1n1Y2b Vt UEy Lr-,;,e ,�ANp �2UST P J ��(Pr Da 0 d0J,, Company Name to79-I /PN97- ,ZaG 31 I] Title Number Initial vv S FEE PAID BY: pL'CoAll �qr/p lSr �NCOA'Por2g7FD Cash Check KCharge Q 8e�X O �� Payer same as R&R �/ (or if different) �y // NAME: &1"1"0A1WEALr61 L.4.yD 2.7'&Jr ,SouT7f.4/yl;Tan/, I(,9 ADDRESS: / 7 7 01-4 66uyri2 Y PD- RECORD& RETURN TO XPi /t�A/) Al"' /!ID/ (ADDRESS) 9Suffolk County Recording & Endorsement Page This page forms part of the attached Q LI DF 6A/ ✓•4T/p,t/ Z/¢SEm&W7- made by: nn (SPECIFY TYPE OF INSTRUMENT) /C//Ll SSE,i L �p /nCrCq LL Ar/D The premises herein is situated in yn/ el/L SUFFOLK COUNTY,NEW YORK. n TO In the Township of J D uT%0/� �t G�Oti is Lgiv,o 7;eaj- /n/CO,RPOrPgreA In the VILLAGE //// or HAMLET of C�GI7G�NOG L'y BOXES 5 TIIRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. izmw..znsac.