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DEED OF DEVELOPMENT RIGHTS
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THIS INDENTURE, made this 23rd day of February, 2001,
BETWEEN ROBERT JENKINS and JOAN JENKINS, residing at 2800 Depot
Lane, Cutchogue, New York, party of the first part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office and
principal place of business at Main Road, Town of Southold, County of Suffolk
and State of New York, party of the second part;
WITNESSETH, that the party of the first part, in consideration of one
hundred eighty-nine thousand two hundred eighty-eight ($189,288.00) dollars,
lawful money of the United States 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 section
247 of the New York State General Municipal Law, as amended, to permit,
require or restrict the use of the premises exclusively for agricultural production
as that term is presently defined in Chapter 25 of the Town Code of the Town of
Southold, and the right to prohibit or restrict the use of the premises and any
structures thereon for any purpose other than agricultural production, to the
property described as follows:
1
~~'
ALL that certain plot, piece or parcel of land, situate, lying and being in the
Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the easterly side of Depot Lane at the northwesterly corner of the premises herein
described and the southwesterly corner of land now or formerly of Doroski;
RUNNING THENCE North 50 degrees 06 minutes 40 seconds East along said land now or formerly of Doroski
and later through other land of the party of the first part, 452.28 feet;
THENCE North 39 degrees 19 minutes 00 seconds West again through said land of the party of the first part,
226.76 feet to land now or formerly of Sacred Heart Cemetery;
THENCE along said land now or formerly of Sacred Heart Cemetery the following three (3) courses and
distances:
1. North 49 degrees 52 minutes 30 seconds East, 437.04 feet;
2. North 40 degrees 07 minutes 30 seconds West, 130.00 feet; and
3. North 49 degrees 52 minutes 30 seconds East, 464.74 feet to land now or formerly of Scott;
THENCE South 42 degrees 48 minutes 25 seconds East along said land now or formerly of Scott, 626.85 feet
to a marble monument and land of Cutchogue Cemetery Association;
THENCE South 46 degrees 45 minutes 20 seconds West along said land of Cutchogue Cemetery Association,
399.02 feet to a monument and land now or formerly of Edson;
THENCE South 46 degrees 57 minutes 20 seconds West along said land now or formerly of Edson 548.69 feet;
THENCE South 41 degrees 57 minutes 30 seconds East still along said land now or formerly of Edson, 87.15
feet;
THENCE South 44 degrees 38 minutes 50 seconds West, 139.09 feet to a monument and land now or formerly
of Grattan;
THENCE North 39 degrees 17 minutes 10 seconds West along said land now or formerly of Grattan, 94.00 feet
to a monument;
THENCE South 52 degrees 11 minutes 30 seconds West still along said last mentioned land, 309.60 feet to a
monument and the easterly side of Depot Lane;
THENCE North 39 degrees 29 minutes 10 seconds West along said easterly side of Depot Lane, 314.28 feet to
the point or place of BEGINNING.
2
"'"
TOGETHER with the non-exclusive right, if any, of the party of the first
part as to the use for ingress and egress of any streets and roads abutting the
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above described premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and ~o said premises, insofar as the rights granted
hereunder are concerned.
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 party of the first
part, as a covenant running with the land in perpetuity, further covenants and
agrees for the party of the first part, and the heirs, legal representatives,
successors and assigns of the party of the first part, to use the premises on and
after the date of this instrument solely for the purpose of agricultural production.
AND The party of the first part, as a covenant running with the land in
perpetuity, further covenants and agrees for the party of the first part, and the
heirs, legal representatives, successors and assigns of the party of the first part,
3
that the parcels of real property described herein are open lands actually used in
bona fide agricultural production as defined in GML section 247 and shall remain
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open lands actually used in bona fide agricultural production. This covenant
shall run with the land in perpetuity.
AND the party of the first part, covenants in all aspects to comply with
Section 13 of the Lien Law, as same applies with said conveyance.
THE party of the first part and the party of the second part do hereby
convenant and agree in perpetuity that either of them or their respective heirs,
. successors, legal representatives or assigns, shall only use the premises on and
after this date for the purpose of such agricultural production and the grantor
covenants and agrees that the underlying fee title may not be subdivided into
plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of
the Town Law and Section 335 of the Real Property Law, or any of such sections
of the Town or Real Property Law or any laws replacing or in furtherance of
them. The underlying fee may be divided by conveyance of parts thereof to heirs
and next of kin, by will or by operation of law, or with the written recordable
consent of the Purchaser. This covenant shall run with the land in perpetuity.
Nothing contained herein shall prohibit the sale of the underlying fee or any
portion thereof.
4
THE word "party" shall be construed as if it reads "parties" whenever the
sense of this indenture so requires.
THE party of the first part, the heirs, legal representatives, successors and
assigns of the party of the first part covenants and agrees that it will (a) not
generate, store or dispose of hazardous substances on the premises, nor allow
others to do so; (b) comply with all of the Environmental Laws; allow party of the
second part and its agents reasonable access to the premises for purposes of
ascertaining 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, legal representatives, successors and
assigns of the party of the first part covenants and agrees that it 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 for 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 convenants required by this agreement to be performed
by the party of the first part, 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 or non-
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compliance with any environmental law; or the disposal, discharge or release of
solid wastes, pollutants or hazardous substances; or exposure to any chemical
I
substances, noises or vibrations to the extent they arise from the ownership,
operation, and/or condition of the premises prior to or subsequent to the
execution of the deed of Development Rights. This covenant shall run with the
land in perpetuity.
AS set forth in Chapter 25 of the Town Code of the Town of Southold
DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of
that chapter shall not thereafter be alienated, except upon the affirmative vote of
. a majority of the Town Board after a public hearing and upon the approval of the
electors of the Town voting on a proposition submitted at a special or biennial
town election. No subsequent amendment of the provisions of this subsection
shall alter the limitations imposed upon the alienation of development rights
acquired by the Town prior to any such amendment. This covenant shall run
with the land in perpetuity.
IN WITNESS WHEREOF, the party of the first part has duly executed this
Purchaser:
Town of Southold
c.~
W. Cochran, Supervisor
6
",
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
~:ECiJr;::[:!ED
2001. !"i.~r- 0::: 02: 21 ~ 31 Pt'i
Ed!!,I.::nj P. POinaine
)ss:
CLEF:I< OF
5UFFOL!< COUr'~T\'
L D00012106
F' .510
On the 23rd day of February, 2001, before me personaAy ':appeared
ROBERT JENKINS, personally known to me or provided to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same and that by his
signature on the instrument, the individual, or the person upon behalf of which
the individual ac ,execu d the instrument.
KAREN J. HAGEN
NOTARY PUBUC, State of New YClk
No. 02HA4927029
C .Q~alffied In Suffolk County
ommlSSJon Expires March 21, 20 ltl.--
)SS:
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
On the 23rd day of February, 2001, before me personally appeared JOAN
JENKINS, personally known to me or provided to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that she executed the same and that by her signature
on the instrument, the individual, or the person upon behalf of which the
individual acted, cuted t e instrument.
KAREN J. HAGEN
TARY PUBLIC, State of New York
No. 02HA4927029
Qualified in Suffolk County b L----
Commission Expires March 21, 20 _
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)ss:
On the 23rd day of February, 2001, before me personally appeared JEAN
W. COCHRAN, personally known to me or provided to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her capacity
as Supervisor of the TOWN OF SOUTHOLD, and that by her signature on the
instrument, the individual, or the municipal corporation upon behalf of which the
individual acted, executed the instrument.
N1:::f) 7cLzr
KAREN J. HAGEN
NOTARY PUBLIC, Stale 01 New York
No. 02HA4927029
Qualified in Suffolk Cou~~Z
Commission Expires March 21, -
7
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Number of pages
TORRENS
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Serial #
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Certificate #
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Prior Clf. #
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Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
Recording / Filing Stamps
4
FEES
Page / Filing Fee
;-<.L{
5
5
Mortgage Amt.
Handling
TP-584
I. Basic Tax
2. Additional Tax
Notation
R.P.T.S.A.
5
(15
/(,
Sub Total
\.3q
Sub Total
EA-52 I7'(County)
EA-52l7 (Siate)
Comm. of Ed.
50~
Spec.! Assit.
Or
Spec. / Add.
TOT. MTG. TAX
Sub Total
1~
??f-/-
--
Dual Town Dual County
Held for APporti~nt V.
Transfer Tax ~ en?ft~
Mansion Tax
The property covered by this mortgage is or
will be improved by a one or two family
dwelling only.
YES or NO
If NO, see appropriate tax clause on page #
of this instrument.
Affidavit
Certified Copy
Reg. Copy
Other
GR.AND TOTAL
Real Property Tax Service Agency Verification
Dist. Section Block
Lot
Pi
6 Community Preservation Fund
Consideration Amount $ /ff~ z..n.tt?
CPF Tax Due $ 1/
I ec:; 0
1.02 ,PO
CJ2., 00
o.o2,t:J03
Improved
./
Vacant Land
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
~~OVlf V~WeG~~ & .
10wvz ,fJ(!f <Ou.&td -- tJ
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SO~U'/ JJY /197/
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Title Company Information
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Title# A 2- b
Suffolk Count Recordin & Endorsement Pa e
Deed &b /)eu OJ?r17.Rrlf /1~ 1/'J-
p (SPECIFY TYPE OF INSTRUMENT)
a ~f (~h hS ~ The premises herein is situated in
(J'::;4/1 _:en h hS SUFFOLK COUNIY, NEW YORK.
In the TO\mShip of SoufloW
8
This page forms part of the attached
made by:
TO
/OWVZ di bOLLi-told
In the VILLAGE
or HAMLET of
Cu:h k~ iNZ..
BOXES 5 TIIRU 9 MUST BE .TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(OVER)
1/1111I11111 1111I1111I111111111111111 11111 11111111I1111
//1111/111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 8
TRANSFER TAX NUMBER: 00-29526
Recorded:
At:
LIBER:
PAGE:
District:
1000
Section: Block:
102.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
Deed Amount:
Received the Following Fees For
Above Instrument
Exempt
NO Handling
NO EA-CTY
NO TP-584
NO RPT
NO Transfer tax
NO
Fees Paid
Page/Filing
COE
EA-STATE
Cert.Copies
SCTM
Comm.Pres
$24.00
$5.00
$25.00
$0.00
$0.00
$0.00
TRANSFER TAX NUMBER: 00-29526
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
",..'
03/08/2001
02:21:31 PM
D00012106
510
Lot:
002.003
$5.00
$5.00
$5.00
$15.00
$0.00
$84.00
Exempt
NO
NO
NO
NO
NO
. PLEA9/' T)'.PE~" PRESS FIRMLY WHEN WRITING ON FORM
i" INSTRUCTIONS: http:// www.orps.state.ny.us or PHONE (518) 473-7222
~ COUNTY lJSE ONLY
ILf,"?:0.X:;>;, '71 REAL PROPERTY TRANSFER REPORT
CU~"'.De8d R,c9ril8d (.6/ '( I
Month: Diiv
Cl. SWIS Cad.
U II
Year
C3'. BoolC",1m ,'Ire. 7'1/ j
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PROPERTY INFORMATION
1. Prope.rty I
Location
2800
STAEETNUMBER
Cutchogue
Depot T,ane
STREET NAME
STATE OF NEW YORK
STATE BOARD OF REAL PROPERTY SERVICES
RP - 5217
RP.S217 Rev3f97
CITY OR TOWN
VilLAGE
TOIvn of Southold
ZIP CODE
2. Buyer 1'" Town of Southold
Name LAST NAME I COMPANY
FIRST NAME
i
~T NAME I COMPANY
3. Tax lrimt;~e where futu"re Tax Bills are to be sent
Billing if other than buyer address (at bottom of form)
Address
FIRST NAME
11935
LAST NAME I COMPANY
FIRST NAME
STREET NUMBER AND STREET NAME
CITY OR TOWN
ZIP CODE
"~
-4. Indicate me-number of Assessment
Roll parcels transferred on the deed
xx'=xk# of Parcels OR Ix j'''Part ofa Parcel
I
5. Deed
Property
Siztt
lOR I
Ixl
'AC"'p,ES'7 . {1 '~
DEPTH
FRONT FEET
.y
6. Seller
Name
>
;1r;nkins
LAST NAME I COMPANY
Robert
F\RSTNAME
lTenkins
Joan
t
LAST NAME I COMPANY
7. Check the box below which most accurately describes the use of the property at the time of sale:
A~ne Family'Re~sidential
B 2 or 3 Family R;sidential
.- C Residential Vacant Land
D Non-R"ld,ntlal Vacant Land
I ~ Community Service
J Industrial
K Public Service
L Forest
E ~ Agricultural
F Commercial
G Apartment
H Entertainment I Amusement
FIRST NAME
sTim
(Only if Part of a Parcell Check as they apply:
4A. Planning Board with Subdivision Authority Exists
48. Subdivision Approval was Required for Transfer
4C. Parcel Approved for Subdivision with Map Provided
o
o
o
Check the boxes below as they apply:
8. Ownership Type is Condominium
9. New Construction on Vacant Land
10A. Property Located within an Agricultural District
10B. Buyer received a disclosure notice indiCllting
that the property is in an Agricultural District
o
o
o
o
SA E INFORMATION
15. Check one or more of these conditions as applicable to transfer:
11. Sale Contract Date "
1 1 I 14 100
Month Day Year
,
Z I 2.3 I oj I
Month Day Year
12. Date ot Sale I Transfer
I g Cj z g7!
13. Full Sele P,lce ? n l/ ,2~ , 0 , 0 1
, , .
(Full Sale Price is the total amount paid for the property including personal property.
This paym,&nt may be in the form of cash, other property or goods, or the assumption of
mortgages or other obligations.) Please round to the nearest whole dollar amount.
14:'lndicate the value of personal 1
prope~ included in the sale
, " 0, 0 , 0 1
, , .
ASSESSMENT INFORMATION - Data should..,fleet tile latest Final Assessment Roll and Tax Bill
,
16. Year of Assessment Roll from I LJ 01 17. Total Assessed Value (of all parcels in transfer) 1
which information taken I.
18. Property Class
.., -,
\ I ;--:Y (l""-----J 19. School District Name 1
20. Tax Map IdentifierlsJ I Rollldentifierlslltf more than four, attach sheet with additional identifierlsll
\O"LD/\La IUdlooa,LL~
Hl.fl-e~~-:k. 1
f."
A
B
C
D ,
E
F ,
G
H
I
J
\a
Sale Between Relatives or Former Relatives
Sale Between Related Companies or Partners in Business
One of the Buyers is also a Seller
Buyer or Seller is Government Agency or Lending Institution
Deed Type not Warranty or Bargain and Sale (Specify Below)
Sale of Fractional or Less than Fee Interest (Specify Below)
Significant Change in Property Between Taxable Status and Sale Dates
Sale of Business is Included in Sale Price
Other Unusual Factors Affecting Sale Price (Specify Below)
None
\
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~~lA of rlflvelopment riahts
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I certify that aD of the items of information entered on this form are troe and correct (to the best of my knowledge and belief) and I understand that the making
of any willful faIse statement of material fact herein wiD subject me to the .provisions of the penal law relative to the making and fiIing of false instruments.
BUYER
J.-~~-DI
DATE
Yakahoski
631
53095 ..
STREET NUMBER
STREET NAME IAFTER SALEl
Southold
CITY OR TOWN
1 NY
STATE
111971
ZIPCOOE
.....--.
DATE
,
LAST NAME
AREA CODE
BUYER'S ATTORNEY
Gregory P.
FIRST NAME
765-1889
TELEPHONE NUMBER
......
ClTYffOWN ASSES~OR
- COpy
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