HomeMy WebLinkAboutL 12018 P 388
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DEED OF DEVELOPMENT RIGHTS
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THIS INDENTURE, made this 24th day of January, 2000 BETWEEN
Lieb Vines, LLC residing at 14990 Oregon Road, Cutchogue, N.Y., party of the
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first part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office
530crs
and principal place of business at Main Road, Town of Southold, County of
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Suffolk and State of New York, party of the second part;
WITNESSETH, that the party of the first part, in consideration of
$127,210.00 (One Hundred Twenty Seven Thousand Two Hundred Ten Dollars
and No Cents) 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 for any
purpose other than agricultural production, to the property described as follows:
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:
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SCHEDULE A - DESCR:J:PTION
AMENDED 12/30/99
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of southold, Suffolk
County, New York, Bounded and described as follows:
BEGINNING at a point on the southeasterly side of Oregon Road (North Road) distant northeasterly 367.64
feet from the corner formed by the intersection of the southeasterly side of Oregon Road (North Road) and
the northeasterly side of Cox's Lane;
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RUNNING THENCE North 44 degrees 15 minutes 40 seconds East along the southeasterly side of SIII'- ~.1&,
249.17 feet to land now or formerly of Thomas and Karen Uhlinger;
THENCE South 48 degrees 31 minutes 00 seconds East along said land and later along land now or formeriy of
Edward P. Hughes, 510.95 feet;
THENCE North 41 degrees 29 minutes 00 seconds East along said land now or formerly Edward P. Hughes,
169.02 feet to land now or formerly of Michael and Maria Demchak;
THENCE South 47 degrees 51 minutes 30 seconds East along said land, 748.75 feet;
THENCE South 52 degrees 11 minutes 20 seconds West still along said land, 564.07 feet to land now or
formerly of H. Norman McCullough;
THENCE North 48 degrees 31 minutes 00 seconds West along said land, and later along land now or formerly
of Antone E. and Geraldine B. 8erkowski and land now or formerly of Gregory A. and Susan Boyd, U I 82-
feet; 'is''! V. O-,L..
THENCE North 41 degrees 29 minutes 00 seconds East, 145.00 feet;
THENCE North 48 degrees 31 minutes 00 seconds West, 272.34 feet to the southeasterly side of Oregon Road
(North Road) and the point or place of BEGINNING.
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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
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 to 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
as defined herein.
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 definition of "Agricultural Production: as defined in Section 25-30 of
Chapter 25 of the Southold Town Code is as follows:
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" Agricultural Production- shall mean the production for
commercial purposes of crops, livestock and livestock products, but not
land or portions thereof used for processing or retail merchandising of
such crops, livestock or livestock products. Land used in "agricultural
production" shall also include fences, equipment storage buildings,
livestock barns, irrigation systems, and any other structures used
exclusively for agricultural purposes."
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 to the property described
herein 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.
THE word "party" shall be construed as if it reads "parties" whenever the
sense of this indenture so requires.
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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
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with this agreement after notice. This covenant shall not preclude lawful,
normal and proper application of legal fertilizers, pesticides and fungicides for
legitimate agricultural purposes. 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,
~mployees, 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 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, 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 a party other than Purchaser, its agents or
employees, by reason of a violation or non-compliance with any environmel')tal
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law; or the improper disposal, discharge or release of solid wastes, pollutants or
hazardous substances; or exposure to any chemical 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
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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
deed the day and year first written above.
Lieb Vines, LLC
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Seller:
By:
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Purchaser:
of Southold
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W. COCHRAN, SUPERVISOR
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AEC~D
- REAL J€$TATE
FEB 0 3 2000
TRANSFEl-l TAX
SUFFOlK
COUNTY
J
Number of pages
?-ECOROED
,
00 FEB - 3 PH 3: 2 I
EDWARD P. ROMAIHE
CLERK MiD _
REGISTRAR o~
SUFFOLl' pOUHTY
Serial #
Certificate #
Prior Ctf. #
Deed / Mortgage Instrument
I Deed / Mortgage Tax Stamp
Recording / Filing Stamps
4
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FEES
J'
Page / Filing Fee
27 ~...:::>
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Mortgage Amt.
Handling
TP-584
L Basic Tax
s 0-"'
2. Additional Tax
Notation
Sub Total
EA-5217 (State)
s ..,),~ Sub Total 4 '2.-, ..:::> ~
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EA-52 17 (County)
Comm. of Ed.
50~
Spec.! Assit.
Or
Spec. / Add.
R.P.T's.A.
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TOT. MTG. TAX
Dual Town Dual County
Held for Apportionmentl
Transfer Tax if
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Affidavit
Sub Total
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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.
Certified Copy
Reg. Copy
Other
GRAND TOTAL
.
Real Property Tax Service Agency Verification
Dist. Section Block
Lot
6 Community Preservation Fund
Consideration Amount $
11jJ"OLK
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002-. DDz.. CPF Tax Due
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. Satisfactions/Discharges/Releases List Property Owners Mailing Addres
RECORD & RETURN TO:
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RE~ED
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FEB 03 2000
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PRESERVATION
FUND
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This page fonns part of the attached
Suffolk Count Recordin
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(SPECIFY TYPE OF INSTRUMENT)
L;t:-l j/; h.fJ 5 I L t- L
& Endorsement Pa e
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Title Company Information
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made by:
TO
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The premises herein is situated in
SUFFOLK COUNfY, NEW YORK.
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In the TO'M1Ship of
In the VILLAGE
or HAMLET of
BOXES 5 TIIRU 9 MUST BE TYPED OR PRINfED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(OVER)
,
PLEASE TYPE OFIPFU::SS FIRMLY WHEN WRITING ON FORM
INSTRUCTIONS: http://www.orps.state.ny.us or PHONE (518) 473-7222
REAL PROPERTY TRANSFER R7POR
STATE OF NEW YORK
STATE BOARD OF REAL PROPERTY SE ICES
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RP - 5217
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FOR COUNTY USE ONLY
Cl. SWlSCoda 0 \
C2. Date Dead Racorded
c3:Book ,I,d, C/,
PROPERTY INFORMATION
RP-S2J7 Rev 3197
1. Prope.rtv I
location
13050
STREET NUMBER
Oregon Road
STREET NAME
Southold
Cutchogue
VILLAGE
11935
CITY OR TOWN
ZIP CODE
2. Buyer
Name
Town of Southold
LAST NAME I COMPANY
FIRST NAME
LAST NAME I COMPANY
FIRST NAME
3. Tax Indicate where future Tax Bills are to be sent
Billing if other than buyer address (at bottom of form) I
Address
LAST NAME I COMPANY
FIRST NAME
STREET NUMBER AND STREET NAME
CITY OR TOWN
ST~TE
ZIP CODE
4. Indicate the number of Assessment
Roll parcels transferred on the deed
~ # of Parcels OR
D
Part of a Parcel
IOnly if Part of a Parcel) 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
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5. Deed
Property
Size
~~~xlf~r<.
FRONT FEET DEPTH
lOR 1
f
'ACRES'
4. 0 0 1
6. Seller
Name
Lieb Vines, LLC
LAST NAME I COMPANY
FIRST NAME
lAST NAME I COMPANY
FIRST NAME
7. Check the box below which most accurately describes the use of the property at the time of sale:
A~ One Family, Residential
B 2 or 3 Family Residential
C Residenturl Vacant land
D Non-Residential Vacant Land
E~Agricultural
F Commercial
G Apartment
H , Entertainment I Amusement
I ~ Community Service
J Industrial
K Public Service
L Forest
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't.
108. Buyer received a disclosure notice indicating
that the property is in an Agricultural District
D
D
D
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SALE INFORMATION
I I z'/ I ()n
Month Day Year
1 I 24 I 00
Month Day Year
15. Check one or more of these conditions as applicable to transfer:
13. Full Sale Price
I / I I 0 I 0 1
, , .
(Full Sale Price is the total amount paid for the property including personal property.
This payment maybe 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.
A
B
C
D
E
F
G
H
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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 ISpecify'Below)
Significant Change in Property Between Taxable Status and Sale Dates
Sale of Business is Included in Sale Price
11. Sale Contract Date
12. Date of Sale I Transfer
Other Unusual Factors Affecting Sale Price (Specify Below)
None
14. Indic::ate the value of personal, I I n I 0 I 0 1
property included in the sale, , .
ASSESSMENT INFORMATION - Data should refleel the latest Final Assessment Roll and Tax Bill
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16. Year of Assessment Roll from 199/,00 1 17. Total Assessed Value (of all parcels in transfer) I
which information taken
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3.5 0
,
3-;),
01
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18. Property Class
1 2 Ol-U 19. Schoo' Ohmlel Name I Mattituck-Cutchogue
20. Tax Map Identifierlsl I Rollldentifier(s) llf more than four, attach sheet with additional identifier{s))
1000-083.00-03.00-002.000
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~ CERTIFICATION 1
I certify that all of the items of infonnation entered on this fonn are true and correct (to the best of my knowledge and belief) and I understand that the making
of any willful false statement of material f~ herein will subject me to the provisions of the uenallaw relative to the making and filing of false instruments.
BUYER BUYER'S ATTORNEY
TOWN OF SOUTllOLD
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Yakaboski
Gregory
DATI'
LAST NAME
FIRST NAME
Main Road
516
765-1889
STREET NUMBER
STREET NAME (AFTER SALEI
AREACOOE
TELEPHONE NUMBER
Southold
NY
11971
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CITY OR TOWN
STATE
ZIP CODE
SELLER
LIEB VINES, ~~C! /'. /'
By: )'/ ,/(. (//__.
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l.fii~StE'tTIi!l, Manager
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O-iTE
CITYffOWN ASSESSOR
COPY
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