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Home My WebLink AboutL 12139 P 747DISTRICT 1000 SECTION 013.00 BLOCK 02.00 LOT 007.008p/, DEED OF DEVELOPMENT RIGHTS INDENTURE, made the~day of--~u3~'~ 2001 BETWEEN FRANK B. ZIMI~ER, AS TRUSTEE OF THE TODD BUCHANAN MEMORIAL TRUST, residing at 34 Admirals Drive, Bayshore, NY 11706, PARTY OF THE FIRST FART, AND the COUNTY OF SUFFOLK, a municipal corporation of the State of New York, having its principal office at the Suffolk County Center, Center Drive, Riverhead, New York 11901, PARTY OF THE SECOND PART; WITNESSETH, that the PARTY OF THE FIRST PART, in consideration of TWO HUNDRED TWENTY TWO THOUSAND, 00/100 DOLLARS ($222,000.00) and ,other good and valuable consideration paid by the PARTY OF THE SECOND PART, DOES HEREBY GRA~T AND RELEASE unto the PARTY OF THE SECOND PART, its successors and assigns of the PARTY OF THE SECOND PART forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by §247 of the New York State General Municipal Law, as amended, and Local Law 16-1981 of the County of Suffolk, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is defined in Local Law 16-1981 of the County of Suffolk, as amended, and the right to preserve open space as that term is defined in §247 of the New York State General Municipal Law, as amended, 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 pieee or parcel of land, situated in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described as follows: (see description annexed hereto and made a part hereof): TOGETHER with a non-eclusive easement to and from that portion of this parcel upon which the development rights are herein being conveyed, Tax Map No. 1000-013.00-02.00-p/o 007.008, over the Right-Of-Way in retained parcel A, as shown on survey map of property reputedly of the "Todd Buchanan Memorial Trust" by Young & Young, land surveyors, as of August 28, 2001, to Main Rd., also known as NYS Route 25, being more particularly described in Schedule 'A' attached hereto. BEING AND INTENDED to be part of the same premises described in the deed to the parties of the first part herein by deed from Frank B. Zimmer, dated March 6, 1998 and recorded October 16, 1998 in Liber 11923 page 149. Said premises are known and designated as District 1000, Section 013.00, Block 02.00, Lot 007.008. 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 runnJ_ng 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 of the premises on and after the date of this instrument solely for the purpose of agricultural production. THE development rights conveyed herein are subject to the further terms and provisions as set forth in a certain contract Agriculture and Markets shall hold title to any conservation easement or interest in land. However, title may be held by the UNITED STATES at ~zhe request of the Secretary of Agriculture upon mutual agreement of the PARTY OF THE SECOND PART, United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets. (iii} PARTY OF THE FIRST PART covenants to manage the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office technical guide and is approved by the Conservation District T~B following covenants shall run with the land in perpetuity and shall be deemed applicable, only if New York State funds are in fact received by the PARTY OF THE SECOND PART for the premises: The following language is inserted pursuant to the Agreement (N.Y.S. Contract No. C800001, C/A Ref. No. MNSRV #01 PL-004), dated August 15, 2000, between New York State Department of Agriculture and Markest, having a principal place of business at 1 Winners Circle, Albany, N.Y. and PARTY OF THE SECOND PART, acting[ through its duly constituted DEPARTMENT OF PLANNING, located mt 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788; and/or pursuant to the Agreement {N.Y.S. Contract No. C800500, C/A Ref. No. MNSRV #01- PL-003)~ dated August 15, 2000, between New York State Department of Agriculture and Markets, having a principal place of business at 1 Winners Circle, Albany, N.Y. and PARTY OF THE SECOND PART, acting through its duly constituted DEPARTMENT OF PLANNING, located at lO0 Veterans Memorial Highway, P.O. ~ox 6100, Hauppauge, New York 11788: (i} All amendments to this Agreement/Easement, after the DEVELOPMENT RIGHTS have been acquired by the PARTY OF THE SECOND PART shall be authorized by the N.Y.S. Department of Agriculture and Markets. THE PARTY OF THE FIRST PART, its heirs, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement, covenants and agrees that it shall defend, 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 PARTY OF THE FIRST PART in this agreement; (2) the breach or non-performance of any covenants 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-compliance with any environmental law; or the 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. ADVANTAGE TITLE AGENCY, INC. Title No. 01-AS-22459 (0108-0156-002177) SCHEDULE A Amended as of August 28, 2001 ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town o£ Southold, County o£ Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Easterly side of a certain Right of Way said point being situate the following six (6) courses and distances from the intersection of the Easterly side of Heath Drive and the Northerly side of Main Road (N.Y.S. Route 25); 4. 5. 6. North 64 degrees 28 minutes 31 seconds East along the Northerly side of Main Road (N.Y.S. Route 25) 236.00 feet; North 76 degrees 43 minutes 21 seconds East still along the Northerly side of Main Road (N.Y.S. Route 25) 146.44 feet; On a curve to the right having a radius of 1670.28 feet still along the Northerly side of Main Road (N.Y.S. Route 25) 25.:28 feet; North 23 degrees 06 minutes 09 seconds West along said Right of Way 234.86 feet; South 66 degrees 53 minutes 51 seconds West still along said Right of Way 166.23 feet; North 29 degrees 12 minutes 49 seconds West still along said Right of Way 101.57 feet; THENCE from said point ofbegirming along the Easterly side of said Right of Way the following two (2) courses and distances: North 29 degrees 12 minutes 49 seconds West 453.75 feet; North 24 degrees 27 minutes 19 seconds West 556.19 feet to a point; THENCE North 63 degrees 21 minutes 11 seconds East through land of the party of the first part 470.61 feet to land now or formerly Francis X. Claps; THENCE South 29 degrees 40 minutes 59 seconds East along land now or formerly Francis X. Claps and along land now or formerly Sandra Pawson Sinclair 1048.20 feet to a point; continued ~ FOR CONVEYANClNG ONLY The policy to be issued under this report will insure the title to such buildings and improvements erected on the premises which by law constitute real property. TOGETHER with all the right, title and interest of the party of the first part, of, in and to the land lying in the street in front of and adjoining said premises. Advantage Title ADVANTAGE TITLE AGENCY, INC. Title No. 01-AS-22459 (0108-0156-002177) SCHEDULE A (continued) RECORDED 200i Sep 05 10:50:44 Edward P.Romaine CLERK OF SUFFOLK COUHT? L O000t2159 P 747 bT# 0i-04897 THEN CE South 67 degrees 26 minutes 19 seconds West through land of the party of the first part 528.45! feet to the Easterly side of said Right of Way and the point or place of BEGINNING. . , .Co / X.,o, TOGETHER w~th a non exclusive easement for xngress and egress oy~er the following parcel of land ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, Coun .ty of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly side of Main Road (N.Y.S. Route 25); distant the following two (2) courses and distances along the Northerly side of Main Road from the comer formed by the Easterly side of Heath Drive with the Northerly side of Main Road: I. North 64 degrees 28 minutes 31 seconds East, 236.00 feet; 2. North 76 degrees 43 minutes 21 seconds East, 146.44 feet, to the point or place ofbegirming; RUNNING THENCE North 23 degrees 06 minutes 09 seconds West, 206.19 feet; THENCE South 66 degrees 53 minutes 51 seconds West, 163.70 feet; THENCE North 29 degrees 12 minutes 49 seconds West, 154.04 feet; THENCE North 60 degrees 47 minutes 11 seconds East, 25.00 feet; THENCE South 29 degrees 12 minutes 49 seconds East, 131.57 feet; THENCE North 66 degrees 53 minutes 51 seconds East, 166.23 feet; THENCE South 23 degrees 06 minutes 09 seconds East, 234.86 feet, to a point on the Northerly side of Main Road; THENCE Southwesterly, along the Northerly side of Main Road, along the arc of a curve bearing to the left having a radius of 1670.28 and an arc length of 25.28 feet, to the point or place of BEGINNING. FOR CONVEYANCING ONLY The policy to be issued under this report will insure the title to such buildings and improvements erected on the premises.which by law constitute real property. TOGETHER with all the right, title and interest of the party of the first part, of, in and to the land lying in the street in front of and adjoining said premises. ldvantagt Title Number of pages ~ TORRENS Serial # Certificate # Prior Cfi. fl Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES REC:ORrJ,ED 2001 Sep 05 i0:50:44 E,Juard P. Ron'~.aine CLERK OF 'SUFFOLK COUf-IT'f L P 747 Recording/Filing Stamps Page / Filing Fee Itandliug TP-584 Notalion EA-52 17 (County) gA-5217 (State) R.P. F S.A Corem of Ed Affidavit Reg. Copy Other 5 OD 5.,_. "7 -- Sub Totak~ -- Sub Total -- GRAND TOTAL 9 '""" Mortgage Amt. I. Basic Tax 2 Additional Tax Sub Total Spec./Assit. Or Spec./Add TOT. MTG. TAX Dual Town Dual Counly__ Held for Apportionment __. Transfer lax ~7~- Mansion Tax The property covered by this mol:lgage is or will be improved by a one or two fanlily dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of th is instrument. Real Property Tax Service Agency Verification Dist. Section B lock O 13,, o2, o o Lot Initials 1.~ ~5 Satisfactions/Discharges/Releases List Property Owners Mailing Addre RECORD & RETURN TO: SUFFOLK COUNTY DIVISION OF REAL ESTATE H, LEE DENNISON BUILDING. 2ND FLOOR 100 VETERANS MEMORIAL HIGHWAY Connnunity Preservation Fund Considerntion Amount $ CPF Tax Due $ )roved Vacant [.and TD TD TD Title Company Infor~nafion 81 I'tAOIm~AUGE. NY 1178~ I C o. N a m e ] Title # Suffolk County Recording & Endorsement Page lhis page lbm~s part of the attached PEE D (SPECIFY TYPE OF INSTRUMENT ) TO The prelnises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of. In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRiOR TO RECORDING OR FILING. made by: (OVER) SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 7 TRANS~'~R TAX NUMBER: 01-04897 District: 1000 Deed Amount: Section: Block: 013.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $222,000.00 Received the Following Page/Filing $0.00 COE $0.00 EA-STATE $0.00 Cert. Copies $7.00 SCTM $0.00 Com~.Pres $0.00 TRANSFER TAX NUMBER: 01-04897 THIS PAGE Fees For Above Instrument Exempt YES Handling YES EA-CTY YES TP-584 YES RPT YES Transfer tax YES Fees Paid IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County Recorded: At: LIBER: PAGE: Lot: 09/05/2001 10:50:44 AM D00012139 747 007.012 Exempt $0.00 YES $0.00 YES $0.00 YES $0.00 YES $0.00 YES $7.00 Book PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www.orps.state.ny.us or P~HONE (518) 473*7222 REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK STATE BOARD OF REAL PROPERTY SERVICES RP- 5217 RP-5217 Rev 3/97 1. Property 2. Buyer Name VILLAGE ZIp CODE I 3. Tax Indicate where future Tax Bills are to be sent Billing if other than buyer address (at beldam of form) 4. Indicate the number of Assessment Roll parcels transferred on the deed 5. Deed B. Seller DEPTH _~ ~ (Only if Part of a Parcel) Check as they apply: , ! # of Parcels OR Part of a Parcel 4A. Planning Board with Subdivision Authorit~ Exists [] 4B. Subdivision Approval was Required for Transfer [] IORI ,~ I 4C, Parcel Approved for Subdivision with Map Provided f~ I LAST NAME / 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 Residentiai B ~.~ 2 or 3 Family Residential C ~ Residential Vacant Land D~ Non-Residential Vacant Land 11, Sale Contract Date 12. Date of Sale / Transfer Agricultural I E~ Community Service Commercial J I I Industrial Apartment KI I Public Service HL~J Entertainment/Amusement L~ Forest B C Month Oay ~ar 'B. Pull Sale Price I I , '~-- I~ 12 I ~-~l O ,¢-~ I 0 I 0 t (Full Sale Price is the total amount paid ¢or the property including personal property, This payment may be in the form of cash, other property or goods, or the assumption of mortgages or other obligatlonsl} Please round to the nearest whole do#ar amount, 14.1ndicate the value of personel I , i i i i i i 0 i 0I property included in the sale ~ ,g. Yweh~;;InfAos~asstin~ennttaRkOenl from Check the boxes below as they apply: 8. Ownership Type is Condominium U 9. New Construction on Vacant Land [] 10A. Property Located within an Agricultural Eistrict ~ 10B. Buyer received a disclosure notice indlcaling ~ that the property is in an Agricultural District 15. Check one or more of these conditions as applicable to transfe~ 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 Be~w) 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 (Specifl/Below) None I 17. Total Assessed Value (of ell parcels in transfer) I ,,. S:hoo, D)atrict Name I .//~- 20. Tax Map Identifier(s) / Roll Identifier(s) (If more than four, attach sheet with additional identifier(s)l L J I I {' /..)~'1~ U41 )t.~r.'l~ff BUYER BUYER'S AI-DORNEY AREA CODE TELEPHONE NUMBER IC1TY/TOWN ASSESSOR'~ COPY