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GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the
Zqfi... day of April, 2004 at Southold, New York. The parties are Edward W.
Harbes III, residing at 715 Hallock Lane, Mattituck, New York 11952 (herein
called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation,
having Its principal office at 53095 Main Road, P.O. Box 1179, South old,
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, more fully
described In SCHEDULE A attached hereto, made a part hereof, and as
shown on a survey dated September 20, 2001 and updated March 16, 2004
(Sheets 1 of 2 and 2 of 2), prepared by Stanley J. Isaksen, Jr., hereinafter
referred to as the "Property"; and
WHEREAS, the Property is located In the AC Zoning District of the
Town of Southold which designation, to the extent possible, is intended to
prevent the unnecessary loss of those lands which contain prime agricultural
soils as outlined in the Town Code of the Town of Southold, Section 100-30.
The Property is designated as part of Suffolk County Tax Map Parcel Number
1000-112-1-7; consisting of 8.08 acres (proposed portion of Lot 1) and
22.46 acres (proposed portion of Lot 2), for a total of 30.54 acres, and
WHEREAS, the Property contains solis classified as Class I and Class II
worthy of conservation as Identified by the United States Department of
Agriculture Soil Conservation Service's Soli Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #7, and the Grantor wishes to continue using the Property for
agriculture; and
WHEREAS, the Property Is currently In use for agricultural production;
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, pursuant to Section 272-a of the Town
Law to preserve prime agricultural solis, protect environmentally sensitive
areas, to protect the scenic character of the Town and protect the Town's
agricultural economy; and
WHEREAS, the Property In its present condition has substantial and
significant value as an agricultural resource; 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 tangible and intangible values of the Property as an
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 NINE HUNDRED AND NINE
THOUSAND-THREE HUNDRED Dollars ($909,300.00) 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 "AU annexed hereto and made a part of this Instrument.
TO HA VE AND TO HOLD said Development Rights Easement 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
fee ownership and 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 Ownershio
Grantor represents to the Grantee that Grantor Is the owner of the
Property described In Schedule A, free of any mortgages or liens except as
may be set forth in Commonwealth Land Title Insurance Company Title
Policy #RH80040598 and possesses the right to grant this easement. .
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee Is a
municipal 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 agriculture, open spaces and natural or
scenic resources.
0.03 Puroose
It is the primary Purpose of this Easement to: a) enable the Property
to remain In agricultural use for current and future production of food and
fiber, and livestock and livestock products, by protecting In perpetuity Its
agricultural values, use and utility, including Its prime and statewide
Important agricultural solis; and b) prevent any use of the property that
would significantly Impair or interfere with Its current or potential viability.
It is the secondary purpose of this Easement to conserve and protect the
property's open space resources, and their associated unique and special
natural features to the extent that such protection does not conflict with the
primary purpose of this Easement.
0.04 Governmental Recoanltlon
New York State has recognized the Importance of private efforts to
preserve rural land In agriculture through conservation restrictions by
2
ARTICLE TWO
SALE
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, In perpetuity, together with
all rights to enforce It. Grantee hereby accepts this Easement in perpetuity.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or withIn the Property:
3.01 Structures
No structures may be erected or constructed on the Property except as
provided in 4.06. For purposes of this Easement, "structure" shall be defined
as anything constructed or erected on or under the ground or upon another
structure or building, including berms, driveways or walkways. Structures
shall not include trellis, fences, posts and wiring, farm roads or farm
irrigation systems, or fencing used in connection with a farm operation, as
defined In 1.02, Including without limitation fencing to keep out predator
animals. Approvals for these shall be as required by applicable provisions of
the Town Code.
3.02 Excavation and Removal of Materials: Minina
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property, or In connection with necessary drainage and soil conservation
programs, shall be prohibited, without the prior written consent of Grantee.
Mineral exploitation, and extraction by any method, surface or subsurface, Is
prohibited. The removal of topsoil, sand, or other materials shall not take
place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and Improvements on the
Property and for agricultural production, erosion control and soil
management, without the prior written consent of Grantee.
3.03 Subdivision
Grantor reserves the right to subdivide the entire parcel designated as
SCTM 1000-112-01-007 Into two lots consisting of one lot with a total lot
area of approximately 15.61 acres, of which 8.08 acres are the subject of
this easement, and a second lot with a total lot area of 26.76 acres, of which
22.46 acres are the subject of this easement. The Property may not be
further subdivided pursuant to Town law Sections 265, 276 or 277 or
Section 335 of the Real Property Law, as they may be amended, or any
other applicable State or local law. "Subdivision" shall Include the division of
the Property Into two or more parcels, in whole or In part. Notwithstanding
this provision, the underlying fee interest may be divided by conveyance of
parts thereof to heirs or next of kin by will or operation of law, or with
written consent of the Grantee, provided each of the parcels so created by
the proposed subdivision shall remain viable for agricultural production,
either individually or as a part of an established farming operation.
4
.
AMENDED 04/16/04
ALL that certain plot, piece or parcel of land, slbJate, lying and being at Mattltuck, Town of
Southold, County of Suffolk and State of New Yor1c, bounded and desalbed as follows:
BEGINNING at a point In the Northerly side of Sound Avenue, distant westerly 2182.50 feet
as measured along same from the Intersection of the Southerly side of Sound Avenue with the
Westerly side of Bergen Ave.;
RUNNING THENCE along the Northerly side of Sound Avenue the following three (3) courses
and distances:
1. North 89 degrees 53 minutes 00 seconds West 22.27 feet;
2. South BB degrees 14 minutes 50 seconds West 260.28 feet;
3. South 8S degrees 36 minutes 00 seconds West 6B.S8 feet to land now or
formerly of Edward W. Harbes;
THENCE along said last mentioned land North 22 degrees 18 minutes 50 seconds West
671.35 feet to the true point or place of 8EGINNING;
RUNNING THENCE from said point or place of BEGINNING North 22 degrees 18 minutes 50
seconds West, 1682.83 feet;
RUNNING THENCE South 69 degrees 36 minutes 40 seconds West, 292.44 feet;
RUNNING THENCE South 70 degrees 02 minutes 40 seconds West 44.00 feet;
RUNNING THENCE North 28 degrees 39 minutes 20 seconds West 252.51 feet to a
monument;
RUNNING THENCE North 19 degrees 3B minutes 20 seconds West 1,485.86 feet;
RUNNING THENCE North 68 degrees 05 minutes 56 seconds East, 371.43 feet;
RUNNING THENCE South 39 degrees 49 minutes 31 seconds East, 369.61 feet;
RUNNING THENCE South 65 degrees 05 minutes 40 seconds East, 72.19 feet;
RUNNING THENCE South 38 degrees 41 minutes 05 seconds East, 55.55 feet;
RUNNING THENCE South 24 degrees 33 minutes 43 seconds East 633.20 feet;
RUNNING THENCE South 20 degrees 12 minutes 22 seconds East 88.21 feet;
RUNNING THENCE South 15 degrees 57 minutes 03 seconds East 53.49 feet;
RUNNING THENCE South 09 degrees 51 minutes 40 seconds East, 61.24 feet;
RUNNING THENCE South 11 degrees 09 minutes 16 seconds East, 79.04 feet;
RUNNING THENCE South 16 degrees 00 minutes 44 seconds East, 119.04 feet;
RUNNING THENCE South 18 degrees 34 minutes 37 seconds, East, BB.86 feet;
RUNNING THENC! South 24 degrees 02 minutes 54 seconds East, 178.56 feet;
RUNNING THENC! South 27 degrees 09 minutes 26 seconds East, 118.02 feet;
RUNNING THENCI! South 28 degrees 54 minutes 23 seconds East, 248.72 feet;
RUNNING THINCE South 31 degrees 28 minutes 33 seconds East, 551.39 feet;
RUNNING THI!NCE South 22 degrees 20 mInutes 21 seconds East, 143.73 feet;
RUNNING THENC! South 67 degrees 41 minutes 10 seconds West, 240.21.feet;
RUNNING THENCE South 12 degrees 35 minutes 19 seconds East, 363.48 feet;
RUNNING THENCE South 77 degrees 24 minutes 41 seconds West, 104.12 feet to the point
or place of BEGINNING.
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Number of p::J.gcs
\
RECORDED
2004 ~ 03 08:48:40 II'l
Edward P.Ronoaine
CLERK OF
SUFFCl..K COUHTV
L ??oo12334
P644
DTtI 04-00175
TORRENS
s"rial#
Ccnificllte #
Prior Clf. #
De~t.l1 Murtga1-FC )nstrunlcnt
Deed I Mon!!ag." Tux Slamp
Recording I I'ilin1' Stamp.
3
FHHS
EA-5~ ] 7 (Counly)
EA-5217 CSlate)
') Sub Total
50
.$b -=--
(C> G:,
Mon!!a!!c Amt. .:,~'" ._;:)0 c._
I. BLL"iic Tax
2. Additional Tux
Sub Total
Spec./As.<il.
or
P-.1g" I Filing Fcc
_21.._
Handling
5. ()()
'1
TP-584
Notation
Affidavit
Cenili...J Copy
ReI!. Cnpy
Olber
15_
Grand Tot.1 _L'i3lo. /"
Sub Tm.1
\ 'd.O
Spel'./AtJd.
TOT. MTG. TAX
Dual Tllwn _ Dual Cuunty _
Held for Appointment ..
Tran~ferT'.lx ~ JLJ:fJ-fs:::-___
Man1lion Tux
The: pnlpc:'l1y covered l1y this mortgage is
or will be improved by il une or tWl'
fumily dwelling. "nly.
YES or NO ___
If NO. see appnlpri::l.I.e tax C'lau5c un
page # __.' of this inslrum~nt.
Comm. of Ed.
5. .!.!!L
R.P.T.S.A.
~
4 Districl
Re.IP/o100(
Propcny
Tax Service
Agcncy
Vcrificatilm
Section
Block
1
5 CommuDlty Pleeervation ll'wId
Consideration Amount S Qo9 "IiOO
'.
04018465
.r,:; T';.."
(R...~TY~A)
~
1000. 11200 0100 ~07001 '/
1000 11200 0100~07002 ~
CPF Tax Due S
ImpnlVcd
V.ew,. Lund ")t:.
6
S.lisfuctionslDisch.rg"sIR"I"....,s Lise Propcny Owner< Muilin!! Add",s.
RECORD ... RETURN -rOo
TO
\C'\
LISA C. KOMBRINK, ~SQ.
149 Hampton Road
Southampton, New York
TD
11968
TD
8
Suffolk Count
7 Title Com an Information
Cu. Name Com,.., o..."",e,,-I
TIlle # ~ 'pS:
Recordin & Endorsement Pa e
This p.ge forms pan or lbe .,tached _
DEED
(SPECIFY TYPE OF INSTRUMENT)
mat.lcby:
EDWARD W. HARBES III
The premises herein i~ tdtualcd in
SUFFOLK COUNTY. NEW YORK.
TO
TO!ffl OF SOUTHOLD
In the- T\nvnship of
SOUTHOT.D
In the VILLAGE
or HAMI.F.T of MATTITUCK
BOXES 6 THRU 8 ~UST DE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
loyer)
11111111111111111111111111111111 11111 11111 1111111111111
1111111111111111111111111
SUiTOLK CotJN'IY CLERlt
RECORDS OFFICE
RECORDING PAGB
Type of In.trument: DBBDS/OOD
Number of Page.: 17
Receipt Number : Ot-00B561t
TMNSI'ER TAX NtJMBBR: 04-00175
lIecorc:led :
At:
OB/03/200t
OB:4B:tO All
Di.trict:
1000
S.ction: Block:
112.00 01.00
BDMINED AHD CHARGBD AS I'OLLOWS
$909,300.00
LIBBR:
PAG!!::
Lot:
007.002
D00012334
644
Deed Amount:
Received the Pollowinq r... por Above Inatr\llwnt
Bv-.pt
NO
NO
NO
NO
NO
NO
Paqe/I'ilinq
CO!:
D.-CTY
'fP-5B4
RPT
'fran.fer tax
$51.00
$5.00
$5.00
$5.00
$50.00
$0.00
HandlinCJ
NYS DCHG
D.-S'l'AB
Cert. Copi..
SC'l'N
COlD. Pre.
1'_. Paid
$5.00
$15.00
$50.00
$0.00
$0.00
$0.00
$186.00
E>>,~t
NO
NO
NO
NO
NO
NO
TMHSI'BR 'l'AX HtDIBBR: 04-00175
'l'HIS PAGE I,S A PAR'l' 01' 'l'BB DTSTRtlMBH'l'
HIS IS NO'1' A BILL
Bdward P.Il--in.
CoUD~ Clerk, Suffolk COUD~
PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM
INSTRUCTIONS: http:// www.orps.state.ny.us or PHONE (518) 473.7222
FOR COUNTY USE Or\LY
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Cl. SWIS Code
cz, Date Deed Recorded
<) :3 /7:.../
61 1 </ I
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31c-->lIC4. Page I ~, 1./ u
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C3. Book :
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J, ,X,
PROPERTY INFORMATION
'l'f~"'rtt1
Location -
714
Sound Avenue
L
!,.REEl NAME
STR,-~T r;'-'MBCn
L_ Southo1d
CITYOR-o\"m
Vlll.AG(
2. ""vV' L-JOWl'l OF SOUTH OLD
Name 1.A5T"JAME COMPANY
FI~ST NAMIo
L_
lASI NA~E 'COMPA~Y
FIRSTNI';Mo
3. Tax
Billing
Addren
Indicate where fl.lture Tax Bills are to be sent
ifothe" than buyer address !~tbo~om df[),rn)
L
lAS"'''AME COMPANY
I
--~
ST".~II.UMa(RI\NOSTRHTNAME
CHY CR TOW>J
"
# of Parcels OR IT;~rt of a Parcel
4. Indicate the number of Asses!>ment I I
Roll paresis transferred on the deltd L-~
5. Deed
Property
Size
30
.54~
_~oRI
C~";rl
l___..J X I
FRo...~Fn
'''CRf'S
Em-lARD W. HARBES !lL~_.____1
,.,ST ~A~i~
___J
6. Seller
Name
L-...]{ARBES
I.ASTNAM,iCOMPIINY
L-
~,,:;rNAMf (COMPANY
-:"ST""'.',
Check the box below whil:h most accurately describes the IlSl'! of the property at the time of sale:
A~oneFamiYReSlderl\ial
B 2 or3 FamilyResid~;,tial
C Resicentlal Vacalll L~'"J
D No~-"Iesictenlial Vac,nt Land
E ~ Agw,'","
F Commefc'~1
G Apartment
H Ente'tainment
I~
J
K
Amusement L<
COr'1mUf1ityService
Indust,i81
Publ:cServce
Forest
REAL PROPERTY TRANSFER REPORT
STATE OF NEW YORK
STATE BOARD OF REAL PROPERTY SERVICES
RP - 5217
RP_.'117KnJ/97
Mattituck
--.J
1195~
ZI?CODE
FIRSTNAM-E
J
STATf Z;PCOOE;
(Dilly if Part of a Parcell Check as they apply:
D
D
D
4A. Planning Board with Subdivision Authority Exists
48. Subdivision Approval was Required for Transfer
4C. Palcel Appruved lor Subdivision with Map Provided
Cheek the boxes below as they apply
8. Ownef~hip Type i!; CO",r1oml~"jm
D
D
D
o
9. New Construction on Vacant La!ld
lOA. Property Locatedwlh'n an Agricujlural Districl
lOB. Buyer re.~e;ved a dl~;dosu'e potice indicatiflg
t~altr,e property is;n an Agricultural District
4
7 ~.J
Day Yea'
15. Check one or more of these conditions <IS applicable to transfer~
..... Sale Between Relatives or Former Relatives
B Sale Bet\.....ecr fl.elated Companies or Pa.-:ners :n Business
COne afthe Buyers 's also,~ Selle,
o Buyer or Seller is Governr18'lt Agency or Londing Institution
E Deed Type not Warranty or Bargain and Sale (Specify Below)
f Sale of Fractional or Less than Fee Interest ISpecify Below)
G Significant Change i,-, Property Between Taxable Slatl;s and Sale Dates
H Sale of Business is InCluded in Sa:.. Price
1 OTher Unusual Factors Affecting Sale Price fSpec',fy Belowl
J No"c
I SALE INFORMATION I
11. Sale Contract Daft!
f,I(lnl~
12. Date o'Salel Trensfer
L.iL.....L29
~JM'" Day
04.J
Yea'
13, Full Sale Price
9
o
, Jl..cJU
9 .3 Q
, , .
(FuIlSaleP<iceisthetc,talamcufltpaidlcrtheprooertyincll;dingpersonal eroperty.
This payment rnay be:' the lorm of cash, olherprooertycr gcods. or the assumption of
mortgages or ot~er obligations I Please ro~'nc to the nearest whor.e doll3r amount
o
14. Indicate the value of personal
property included in the sale
o 0
~ JL,QJ
, , .
Data shou:d reflect the latest Final ,ll.ssessmenl Roll and Tax Bill
ASSESSMENT INFORMA,ION '
16. Yeer of Assessment Roll tram ,03 0/" I
which information taken ~ 17 Tota\ Asse9sed Value (nf all parcels intransferl ~
18, Property Class
1. 2 O! -LJ 19_ School Dis;tric1 Name I
<<'"
_l'.~ rf1~''--''''
20. Tall Map ldentifier(s: f Rollldentifier(sl (If mora than tour, attach sheet with additional identllierlsll
I Plo 1000-112.00-01.00-007.000
L-__~ .
J
2 1
6 0
L
I CERT(FICATION
ll'ertit"y that all of'the items of informntioll entered on this form are tme and cnrrect (to the best of m~. knowledge nnd bdid) and ( undcrst<lnd that fh~ Ilwking
of llny willful false ~tatement of material flld herein will subjeci me to the DI"Ovislons of the penatlaw mlltiH: to the making and lilinjt of false instrument~,
BUYER
TOWN OF SOUTHOLU---
~ rq"-r=- ~I"t(. J-f!cA-,
~,w" "0 :"'1-
53095 Main Road
KOMllRINK.
LAST N,"".1~
631
5TAEH~IjM8ER
ST~"ET "'AM!; IAFIEA $AL~I
ARf.ACOOE
Southold
NY
STAT[
11971
CrrY 011 TOWN
ZIP CODE
SELLER
EDWARD !oJ,
IhL...iC,m '1."2. '.0
HARBES III
~,b
SElLER $IGNATUA~
BUVER'S ATTORNEY
~
LISA C.
l~_
FIRST ~A'if
287-3790
rELEPI'ONE r'UM8E~
[~~: YOmm, !
COpy
____.-J
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