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 _
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(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
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BOXES 5 TIIRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
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