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HomeMy WebLinkAboutL 12110 P 248 /)c27/0 f .;2'1;;( ! / (; -~ /~ (..J :-/ DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT, is made on the 21 st day of March, 2001 at Southold, New York. The parties are Peter P. Wickham, residing at 3854 Trailridge Road, S.E., Cedar Rapids, IA 52403; Louise V. Wickham, residing at 3854 Trai1ridge Road, S.E., Cedar Rapids, IA 52403; Sarah W. Gicale,residing at 22 Dellcastle Court, Montgomery Village, MD 20879; H. Christopher Wickham, residing at 5030 Oyster Bay Road, Olympia, W A 98502-9548; and Brooke K. Wickham, residing at 520 O'Farrell Avenue, Olympia, WA 98501 herein called "Grantor"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 296 Hampton Road, P.O. Box 1776, Southampton, New York 11969 (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of 17.095 acres 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 hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the Agricultural Conservation (Ae) Zoning District ofthe Town of Southold, which designation, to the extent possible, is intended to prevent the unnecessary loss of those cUlTently open lands which contain prime agricultural soils as outlined in the Town of Southold code, Section 100-30, further described as Suffolk County Tax Map Parcel Number #1000-110-8-34; and WHEREAS, Grantor wishes to grant a Conservation Easement on the 17 A-acre parcel of Property so that a portion of the Property (hereinafter referred to as the "Open Area", comprising 12.090 acres of the Property, more fully described in SCHEDULE B attached hereto) shall remain in its open, undeveloped, and scenic state and the remainder of the Property (hereinafter referred to as the "Development Area" comprising 5.005 acres of the Property, more fully described in SCHEDULE C attached hereto), may be further developed with no more than one single-family residence with appurtenant structures and improvements; 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 York; and WHEREAS, the Property has 730.88 feet of road frontage on New Suffolk Road and 186.27 feet of road frontage on Old Harbor Road which offers the public a significant vista of scenic, open space; and WHEREAS, the Property consists of open meadow, orchard and woodland; and WHEREAS, it is the policy of the Town of South old, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adapted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environmentally 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 protection of this Property is part of a broader plan to protect additional open space and woodland which is adjacent to, and north of the subject Property; and WHEREAS, the Property in its present scenic, agricultural and open space condition has substantial and significant value a5 an aesthetic and agricultural resource by reason of the fact that it has not been subject to any extensive development; and ---------- TITLE NUfVlBeR: 64i.S.0~207 Amended 31~ 3101 SCHeDUL.E "1-.' J=:SCRI:::-;-I:)I\ ALL that certain plot, piece or parcel of land, situate, lying and being in the Unincorporated area known as New Suffolk, Town of South old, Suffolk County, New York, bounded and described as follows: BEGINNING at the southwes~ corner of the premises described herein at a monument at the intersection of the northerl~' side of Old Harbor Road with the easterly side of New Suffolk Road; from said point of beginning running along the easterly side of New Suffolk Road the following three (3) courses and distances: . 1) North 5 degrees 26 minutes East 282.71 feet; 2) North 13 degrees 30 minutes 40 seconds East 397.90 feet to a monument; 3) North 3 degrees 58 minutes 50 seconds East 50.27 feet to land of Suesser; RUNNING THENCE along said land, South 72 degrees 0 minutes 30 seconds East 1406.89 feet (actual South 71 degrees 58 minutes 30 seconds East) to the ordinary high water mark of Cutchogue Harbor; RUNNING THENCE southwesterly along the ordinary high water mark of Cutchogue Harbor the following (3) courses and distances: 1) South 26 degrees 36 minutes 47 seconds West 40.20 feet; 2) South 35 degrees 14 minutes 54 seconds West 124.62 feet; 3) South 32 degrees 49 minutes 38 seconds West 160.15 feet to land of Peter P. Wickham; RUNNING THENCE along said land the following two (2) courses and distances: 1) North 73 degrees 09 minutes 40 seconds West 351.06 feet; 2) South 26 degrees 04 minutes 50 seconds West 120.71 feet to land of William Wickham; RUNNING THENCE along said land South 34 degrees 57 minutes West 160.64 feet to land of Given; -,~~ "'. '. . RUNNING THENCE along said land and land of Benbow, North 85 degrees 20 minutes 10 seconds West 655.90 feet to the easterly side of Old Harbor Road; RUNNING THENCE along the easterly and northerly side of Old Harbor Road, the following two (2) courses and distances: 1) North 29 degrees 52 minutes 20 seconds West 72.07 feet; 2) North 84 degrees 06 minutes 50 seconds West 114.20 feet to a monument at the point or place of BEGINNING. SUBJECT to a Right-of-Way twenty (20) feet in width running from the southerly and easterly boundaries of the premises from Old Harbor Road to the northwesterly corner of land of Peter P. Wickham. . , -';,:~~~~r;.-_/;!:... ~ .I~~""'.. l~__~......., ." 0.- '-'. ~ ~. SCHEDULE B OPEN AREA ALL that certain plot, piece or parcel of land situate, lying and being in the unincorporated area known as New Suffolk, Town of South old, Suffolk County, New York, bounded and described as folows: BEGINNING at the southwest comer of the premises described herein at a monument at the intersection of the northerly side of Old Harbor Road with the easterly side of New Suffolk Road; from said point of beginning running along the easterly side of New Suffolk Road the following .three (3) courses and distances: (1) North 05 degrees 26 minutes 00 seconds East, 282.71 feet; (2) North 13 degrees 30 minutes 40 seconds East, 397.90 feet to a monument; (3) North 03 degrees 58 minutes 50 seconds East, 50.27 feet to land of Suesser. I , i 1 RUNNING thence along said land South 71 degrees 58 minutes 30 seconds East, 830.99 feet to a point; THENCE southerly South 19 degrees 22 minutes 54 seconds West, 595.43 feet to a point and the northerly side ofa 20 foot right of way; THENCE westerly along the northerly side ofa 20 foot right of way North 85 degrees 20 minutes 10 seconds West, 580.36 feet to a point along the easterly side of Old Harbor Road; THENCE northerly and westerly along Old Harbor Road the following two (2) courses and distances: (1) North 29 degrees 52 minutes 20 seconds West, 47.79 feet to a point; (2) North 84 degrees 06 minutes 50 seconds West, 114.20 feet to a concrete monument and the point and place of BEGINNING. Containing 12.090 acres ..' . ... - 4", ~_ , . ' "'. ...."'Il'~." ---~c-~__ . .....,.....,...".C'._...~." AfCDRDE.O 1D01 Mar 28 09,.47~,-- . ;...d~t~~':::r'~':.:R()ITJ.:jif.;':; Cl cYi( C~F ~.;U!:-FC)L.I< CGUt-j-:,'\-J SCHEDULE C Development Area l. UU\)C1211!=' F:' )4:~~ Dr!;', C,(:~::;1'::'3(' ALL that certain plot, piece or parcel ofland situate, lying and being in the unincorporated area know as New Suffolk, Town of South old, Suffolk County, New York bounded and described as follows: BEGINNING at a point along the easterly side of Old Harbor Road where the same is intersected by the northerly line ofland of Mary Baxter Benbow, THENCE running northerly along the easterly line of Old Harbor Road North 29 degrees 52 minutes 20 seconds West, 24.28 feet to a point and the northerly side ofa 20 foot right of way; THENCE easterly along said right of way South 85 degrees 20 minutes 10 seconds East, 580.36 feet to a point; THENCE North 19 degrees 22 minutes 54 seconds East, 595.43 feet to a point and the land of S ue'sser; THENCE easterly along the southerly line of Suesser South 71 degrees 58 minutes 30 seconds East, 575.90 feet to the high water mark ofCutchogue Harbor; THENCE southerly along the high water mark ofCutchogue Harbor the following three courses and distances: (1) South 26 degrees 36 minutes 47 seconds West, 40.20 feet to a point; (2) South 35 degrees 14 minutes 54 seconds West, 124.62 feet to a point; (3) South 32 degrees 49 minutes 38 seconds West, 160.15 feet to a point and the land of Peter P. Wickham; THENCE westerly and southerly along said land North 73 degrees 09 minutes 40 seconds West, 351.06 feet to a concrete monument; THENCE South 26 degrees 04 minutes 50 seconds West, 120.71 feet to a concrete monument and the land of William Wickham; THENCE southerly along said land South 34 degrees 57 minutes 00 seconds West, 160.64 feet to a concrete monument and the land of James B. Given IV; THENCE westerly along said land and the land of Mary Baxter Benbow and the southerly line of a 20 foot right of way North 85 degrees 20 minutes 10 seconds West, 655.90 feet to the easterly side of Old Harbor Road and the point and place ofBEGINNlNG. Containing 5.005 acres to the mean high water mark at Cutchogue Harbor [I 2 Number of pages d-o PECCiF'r-)Er: ~~DO 1 [-,1.,":1'" ~~C:: 09: 4 (': :;~:: Qi'1 Edi.,,;,,:! c-C: F', F:of(r.;j -:. jlE' TORRENS Serial # CLEPl::" OF Certificate # SUFFOLk COUrHl.,-' L [)I]lJDi21iO p :,-::-4::: Prior Ctf. # DT# 00-319rr"" Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee Handling TP-584 !) Mortgage Amt. 1. Basic Tax 2. Additional Tax Notation EA-52 17 (County) EA-5217 (State) Sub Total G:; Sub Total R.P.T.S.A. -r{- ~:: Spec.! Assit. Or Spec. / Add. Sub Total Oco cr'5" TOT. MTG. TAX Dual Town Dual County Held for Apportionment Transfer Tax --e-... 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. Comm. of Ed. Affidavit Certi fied Copy Reg. Copy Other GR.AND TOTAL Real Property Tax Service Agency Verification Dist. Section Block Lot 6 Community Preservation Fund Consideration Amount $ 00 .00 .0<>0 CPF Tax Due $ e-" Improved ~ Vacant Land Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TO JOo 0 TD TD peconic Land Trust, Incorporated 296 Hampton Road-PO Box 1778 Southampton, NY 11969 8 Title Company Information Co. Name Title # 9 Suffolk Count Recordin & Endorsement Pa e lbis page forms part of the attached _Con "prv" t i on 1':" "pmpn Ie (SPEOFY lYPE OF INSTRUMENT) made by: Peter P. Wickham et. al. The premises herein is situated in SUFFOLK COUNTY, NEW YORK TO In the Township of In the VILLAGE or HAMLET of Southold pc,....nn;,.... T :::'Inri 'fir",?\;: Tn,.....(""!lY"rnr:::r.t..pn BOXES 5 TIIRU 9 MUST BE lYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 20 TRANS,ER TAX NUMBER: 00-31987 Recorded: At: LIBER: PAGE: District: 1000 Deed Amount: Section: 110.00 EXAMINED AND $0.00 FOLLOWS Block: 08.00 CHARGED AS Received the Following Fees For Above Instrument Exempt NO Handling NO TP-584 NO Cert.Copies NO SCTM NO Comm.Pres Fees Paid Page/Filing COE Notation RPT Transfer tax $60.00 $5.00 $0.00 $15.00 $0.00 TRANSFER TAX NUMBER: 00-31987 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County , 03/28/2001 09:47:58 AM 000012110 248 Lot: 034.000 $5.00 $0.00 $0.00 $0.00 $0.00 $85.00 Exempt NO NO NO NO NO