HomeMy WebLinkAboutL 12425 P 210DEED
OF
D~LOPMENT RIGHTS
THI'S INDENTURE, made the i '~ day of .A, ,~ ~, ~ ,,.. 1.. ~. ,. ,2005
BETWEEN RONALD ELrON TERRY, r~iding at 3624 Via I~l Mar,
Femnndina Beach. Florida 32034, PARTY OF THE FIRST PART,
AND the COUNTY OF SUFFOLK. a municipal corporation of the Statc of New
York. having its principal offices at 310 Center Drive. Rivcrhead, New York 11901,
PARTY OF THE SECOND PART,
WITNESSETH, that pursuant to Chapter g of the Suffolk County Code, and in
accordance with Resolution. No, 285-1981, aa amended, and The'Multi-Faceted Land
Preservation Program, Resolution 459-2001 (5~h RESOLVED Cluaso) and Resolution No.
5'/8-2005 of the Suffolk County Legislature, that the PARTY OF THE FIRST PART, in
consideration of THREE HUNDRED'FIFTY THOUSAND AND 00/00 DOLLARS
($350,000.00} -',nd other good and valuable consideration peid by the PARTIES OF THE
SECOND PART, DO HEREBY GRANT AND RFI RASE unto the PARTY OF THE
SECOND PART, the successors and assigns of the PARTY OF THE SECOND PART
forever, THE DEVELOPMENT RIGHTS. by which is meant the permanent Icgel interest
and right, ns authorized by §247 of the New York State General Municipal Law. az
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 az that term is
defined in Local Law 16-1981 of the County of Suffolk, az amended, and the right to
preserve open apace ns that term is defined in §24'/of the New York State General
Municilral Law. az amended, and the right to prohibit or restrict the use of the premises for
any puq~ose other than agricultural production, to the property described az follows:
ALL that piece or parcel of land. situated in the Town of Southold, County of
Suffolk, and State of Now York, more particularly bounded and described az follows: (see
description annexed hereto and muda n pa~ hereo0:
BEING AND INTENDED to be part of thc samc p~mises conveyed to
GRANTOR by deed dated December 15, 1995 from Lloyd E. Terry to Uoyd E. Terry and
Ronnld Elton Terry and recorded December 18, 1995 in Libor 11754 nt page 677 each az to
a one half inter~st aa tenants in common without right of survivorship in premises known
and desigented az District 1000, Section 020.00, Block 03.00, Pan of Lot 003.000 and
BEING AND INTENDED to be pat of the same premises conveyed to
GRANTOR by deed dated July 25, 1996 from Lloyd E. Terry to Ronald Elton Terry and
recorded July 31, 1996 in Libor 1 I,/85 at page 56 as to an additional thirty-three percent
(33%) interest with Lloyd E. Terry receiving a seventeen percent (17%) interest az tenants
in common without right of survivorship in premises known and designated az District
1000, Section 020.00, Block 03.00, Part of Lot 003.000 and
BEING AND INTENDED to be pan of the same promises conveyed to
GRANTOR by deed dated Jnnuary 22. 2002 from Priscilla Ten'y Bull and Ronald Elton
Terry, as Co-Executors of the 'last Will and Testament of Lloyd E. Terry, deceased, and
recorded February 13, 2002 in Libor 12168 nl Page 961 as to the balance of the reserved
premises of seventeen percent ~ 17~,) interest in premises known and designated az District
! 000. Seclion 020.00, Block 03.00, Pnn or Lot 003.000
TO HAVE AND TO HOLD the ~aid DEVELOPMENT RIGHTS in thc preraises
herein granted unto the PARTY OF THE SECOND PART, its successors and assigns,
forever;.
AND the PARTY OF THE FIRST PART covenant that the PARTY OF THE
FIRST PART has not done or suffered anything whereby the said premises have been
1
encumbered in any way whatever, except ns aforesaid. The PARTYOFTHE FIRST PART,
as a covcnant running with the land in perpetuity, further covenants and agree for the
PARTY OF THE FIRST PART. and the heirs, legal representatives, successors and assigns
of the PARTYOF TI IE 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 heroin are subject to the further terms and
provisi~ns as set forth in a ccrt. ain contract of sale between the PARTIES hereto dated July
i:5. 2005 as th... same is intended:to be recorded in the el'rice of the ~uffolk County Clet~
prior in time to this deed. portions of which us comained herein have and will survive the
delivery of this instrument of conveyance.
THE PARTY OF THE FIRST PART, his heirs, assigns and/or party or parties in
lawful possession of thc pr~nises subject to this deed of development rights, pursuant to
lease, liecnse, or other arrangement, covenant and agree that it will not remove any soil
from the premises described herein. A purpose of this acquisition is to protect topsoil by
limiting non-agricultural production use~ of the land. The topsoil present on the p~mises
consists of prime/unique/important soil.
THE PARTY OF THE FIRST PART, his heirs, assigns and/or patty or pa~ies in
lawful possession of the premises subject Io this deed of development rights, pursuant to
lense, license, or other arrangement, covenant and agree that they will la} not generate, store
or dispose of huzardous substancea on the premises, nor allow others to do so: Co) comply
with all Environmental Laws: lc) allow PARTY OFTHE SECOND PART and ils agents
rensonnble access to the premises for the purposes of ascertaining site conditions and for
inspection of the premises for compliance with this agreement. Where Federal grants
and/or funds are used and/or reimbursed to the PURCHASER for this acquisition.
representatives of the United States Department of Agriculture shall also have the right to
enter the property as stated in subparagraph lc) herein. This covenant shall run with the
land in perpetuity.
THE following covenants shall run with the land in perpetuity and shall be deemed
applicable only if federal funds are in fact received by the PARTY OF THE SECOND
PART for the premise~:
(i) Contingent Right in the United State~ of America:
In the event that the PARTY OFTHE SECOND PART fails
to enforce any of the terms of this easement (or other
interests in land), as determined in thc sole discretion of the
Secretary of the United States Department of Agriculture,
the said Secretary of Agriculture and his or her successors
and assigns shall have the right to enforce the terms of the
easement Ior other interests in land) through any and all
authorities available under Federal or State law.
In the event that the PARTY OF THE SECOND PART
attempts lo terminate, transfer, or otherwise divest itself of
any rights, title, or interests of this easement (or other
interests in land) or extinguish the conservation easement
(or other interests in land) without the prior consent of the
Secretary of the United States Department of Agriculture
and payment of consideration to the United States of
America. then, at the option of such Serretaty, all right, title,
and interest in this ea..cement (or other interests in land) shall
become vested in the United States of America.
{ii)
Unless otherwise agreed to by the PARTY OF THE
SECOND PART, United States of America Commodity
Credit Corporation and the N.Y.S. Department of
Agriculture and Markets, the PARTY OF THE SECOND
PART shall hold title to any conservation easement or
interest in land. However, title may be held by the United
States of America at the request of the Secratnty of
Agriculture upon mutual ag~ement o1' the PARTY OF
2
(iii)
THE SECOND PART, United States of America
Commodity Credit Corporation and the N.Y.S. Depmtment
of Agriculture and Markets, or when the United Statas
exemises its contingent right.
PARTY OF THE FIRST PART cover{ants to manage the
property in accordance with a conservation plnn that is
developed utilizing the stand'axis ~ specifications of the
NRCS field office technical guide and 7 C.F.R., Part 12,
and is approved by the Conservation District.
(A) As required by section 12381 of the Food Security Act
of 1985, as amended, the PARTY OF THE FIRST
PART, his heirs, successors, or assigns, shall conduct 'all
agricultural operations on the Protected Property in a
manner consistent with a conservation plnn prepared in
consultation with NRCS nad approved by the
Conservation District. This conservation plna shall be
developed using the standards and specifications of the
NRCS Field Office Technical Guide and 7 CFR part 12
that are in effect for DEVELOPMENT RIGHTS on
However, the PARTY OF THE FIRST
PART may develop nad implement a conservation plan
that proposes a higher level of conservation and is
consistent with the NRCS Field Office Technical Guide
standards and speci fications. NRCS shall have the right
to enter upon the Property. with advance notice to the
PARTY OF THE FIRST PART, in order to monitor
compliance with the conservation plnn.
(B)In the event of noncompliance with the conservation
plan,
NRCS shall work with the PARTY OF THE FIRST PART
to explore methods of compliance and give the PARTY OF
THE IqRST PART a reasonable amount of time, not to
exceed twelve months, to take corrective action. If the
PARTY OF THE FIRST PART does not comply with the
conservation plan, NRCS will inform PARTIES OF THE
SECOND PART of the PARTY OF THE FfRST PART'S
noncompliance. The PARTY OF THE SECOND PART
shall take all reasonable steps (including efforts at securing
voluntary compliance and. if necessary, appropriate legal
action) to secure complinace with the. conservation plan
following written notification from NRCS that (a) them is a
substantial, ongoing event or circumstance of non-
compliance with the conservation plan. (b) NRCS has
worked with the PARTY OF TIlE FIRST PART to correct
such noncompliance, and (c) PARTY OF THE FIRST
PART has exhausted its appeal rights under applicable
NRCS ragulations.
(C) If the NRCS smndm-ds and specifications for highly
erodible
land are revised after the date of this Grant based on an Act
of Congress, NRCS will work cooperatively with the
PARTY OFTHE FIRST PART to develop and implement n
revised conservation plan. The provisions of' this section
apply to the highly erodible land conservation requiraments
of the Farm and Ranch Lands Protection Program and are
not intended to affect, any other natural resources
conservation requirements to which the PARTY OF THE
FIRST PART may be or become subject.
3
(iv)
After the DEVELOPMENT RIGHTS hove been acqui~t by the PARTY
OF THE SECOND PART, any amendments to this Deed of Development
Rights shall be authorized 'in writing by the United States of America.
THE following covcnants 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:
¢i) After the DEVELOPMENT RIGHTS have been acquired by the PARTY
OF THE SECOND PART, any amendments to this Deed of Development
Rights shall be authorized in writing by the N.Y.S. Department of
Agriculture
and Markets.
THE PARTY OF THE FIRST PART, his heirs, assigns and/or party or parties in
lawful possession of the premises subject to this deed of development fights, pursuant to
lease, license, or other arrangement, covenant and agree that he shall defend, indemnify and
hold the 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 (I) any
inaccuracy or misrepresentation in any representation or warranty made by PARTY OF
THE rig. ST PART in the subject agreement and/or this deed: (2) the breach or non-
performance of any covenants requital by the subject ag~ement and/or this deed to be
performed by the PARTY OF THE FIRST PART, either prior to or subsequent m the
closing of title herein; (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 disposul, discharge or release of solid
wastes, pollutants or haz'.h-dous substances: or exposure to any chemical subs 'lances, noises
or vibrations to the extent they arise from the ownership, operation, and/or condition of thc
premises prior to or subsequent to the execution of the deed of development rights; or (4)
the acts or omissions or negligence of the PARTY OF THE FIRST PART. This covenant
shall run with the land in perpetuity.
IF Federal grants and/or funds are used and/or reimbursed to the PURCHASER for
this acquisition, the United State~ of America shall also be deemed to be an indemnified
party under the indemnification as slipulated in the preceding paragraph, and the PARTY
OF THE FIRST PART shall also indemnify the PARTIES OF THE SECOND PART and
the United States of America as to the following:
Violations of any laws and regulations which are now or which may in the future
become applicable and including, but not limited to the Resource Conservation and
Recovery Act. as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution
Control Act, as amended, .t3 U.S.C. §12~51, et seq., the Comprehensive
Environmental Response. Compensation and Liability Act as amended. 42 U.S.C.
9601, et .veq., the Toxic Substances Control Act, as amended. 15 U.S.C. 2601, el
seq.. the Federal Insecticide Fungicide and Rodenti¢ide Act, as amended, ? U.S.C.
136, et seq., and the Safe Drinking Water Act, ns amended, 42 U.S.C. 300f et seq.
(2) judgments, claims, demands, penalties or fees assessed against the United
States: .(3) costs, expenses and damages incurred by the United States of America,
or (4)'the release or Ihmatened release of any solid waste, hazardous waste,
hazardous ~ubstence. pollutant contaminant, oil in any form or petroleum product
into the environment. This covenant shall mn with the land in perpetuity.
THE WORD "PARTY" shall be construed a~ if it mad "PARTIES" whenever the
sense of :his iiidenture so t~luire',~.
IN WITNESS WHEREOF, the PARTY OF THE FIRST PART has duly cxccuted this
deed the d.~ and year first abovc written.
· RON,~LD ELTON TERRY
4
STATEOF~C~o~&c. )
) SS.:
COUNTYOF e*,,.~.c..t )
On thc * '?~lay of x o ,s q' . in thc year 2~5, before me. the
undersigned, personally appeared .q o ~ ,~ I & ~. '-/e=.v ~'v , personally
known to mc or proved to mc on the basis of satisfactory eviclcnce to bc thc individual
who~e name is subscribed to thc within instrument and acknowledged to mc that he/she
executed the s~ne in his/her capacity, and that by his/her signature on thc instrument.
the individual, or the person upon behalf of which the individual acted, executed the
instrument, and that such individual made such appem-ance before the undersigned in
(iflscrt thc city or other political subdivision, state country or place acknowledgment
was tuken)
Record and Return to:
Bob 'Zaher
Division of Real Estate
Department of Planning
H. Leo Dennison Bldg. - 2nd FI.
P.O. Box 6100
l-lauppauge, New York 11788
ADVANTAGE TITLE AGENCY, INC.
Title N~, ~-AS-33628 (9996)
Amended Jaly 1~,
ALL thn~ cemtin plot, pi~~_ or ~ of land, situa~ ly~ and being st Orimt, Town of SouRlold,
Suffolk County, New York, being Ix~nd~d and described ns fol]ows:
BEGINNING at a point in the Sot~erly lirm of Main Road (S.R. 25) where the Easterly line of thc
p~mises to be desto'bed nmi the We~t~lyline of land now or fonnerly of Frederick Lloyd and Ethel
R. Tcn~ int~an~'to the ss~d Soulbenty lin~ of Main Road, snid poin~ being nlm dimmt 3125 feet,
mo~ or less, u m'~'urod Wmt~rly from th~ e. cnm' formed byth~ interm:tion ofthe Southerly linc
of Main Road sad th~ Westerly lin~ of Cedar Bimh Road;
RUNNIN O THENCB f~m said point ofbeginnins th~ following two (2) ~om and distanms along
lnnd now or formerly of Frcdedck Lloyd and Ethd It. Tm'y:
1. South 13 degrees 55 minutes 00 seconds East, 290.50 fee~,
North 77 degrees 34 minutes 00 seconds F.~t, 1.~0 feet to lnnd now or formerly ofDian~ W.
Whitalt;
THENCE South 13 dcgn~s $5 minutes I 0 seconds East along said last monfion~i land, 9it 1.60 feet;
THENCE South 86 de~rees 04 minutes 20 seconds West slill along said last mmtioncd land, 91.12
feet;
TI-I~NCE South 13 degrees 55 minutes 10 secoads F..nst still nlong said Isst meationed ln~. 21.92
f~-t;
THENCE No~h 73 degrees 53 ntinut~s 31 seconds West, 499.19 feet to land now or formerly of
Todd Buchanan Memorial Trust (County of Suffolk Deve~pment Riglm);
THENCE Norlh 14 deg~es 42 minutes 30 r,~conds West nlong mid last mantioned land, 453.37 fee. t;
ADVANTAGE.TITLE A~gNCY, INC.
Title NO. ~-A8-:~3625 (9~6)
THENCE North 75 dcgr~s ! 8 minums 08 aeconds Fast, 353.26
~ N~ 1'3 ~ 55 ~u~ 10 ~s W~ 574.71 f~ ~ ~ ~Y I~ of~
~ N~ ~ d~ 34 ~ ~ ~ ~ ~ ~c
24.~ f~ m ~e ~i~ ~ pl~ of B~O.
amber of ~Ses ~
· TORRENS
=rtificate #
im Ct]*. # ~
D~.d / Mortgage ll~tmn~nt
RECOR~.-D
200~ Dec 13 02:22:01 Pit
Eduard
CL,EI~ OF
SUFFOLK COMITY
L 00001242~
P 210
DT# ~J- 190~
Deed I Mo~.~a~e Tax Stamp
Reco~ia~ I Hlinit Stamp
] MoflgnSe Amt.
age I Filing Fee I 1. Bnsic Tax
:nndling 5. 00 [ 2. Additional Tax.
] Sub Total
P-584 [ SpecJAs~it.
{oration . or
'.A-52 17 (County) . Sub To'al Spec. lAdd.
TOT. MTO. TAX
iA-§217 (State)
t.ET.S.A.
.'omm. or' Ed.
Duel Town Dual County
Held for Appoint~nt __
Trnnsfer Tax
Mnnsion Tux
~ffidnvit
· . .n r-" =NAT'. The .~...~rty covered by this motmgage is
~~ ~{ ? . w,,I ~ ,mpm,~ by n one or two
~ ~ fmnily dwelling only.
~eS. Copy ~ -- ~ Sub ~nl ~.. · y~ ~ NO
3ther -- = -- _ ~ __., ~~ If NO.. appmpdam .x. clau. on
~=~ /~ 0~1~ zooo ~ooo o3o~ oo~&o2 [ Con~deration Amount $
AB~ncy r ~ Improved _
V~fi~t~on ',
' - ......... , -=--I /
Satisf~tion¢l~¢le~
~/~ . { V I~ ....
~J Su~olk County Re~ordnn~ ~ Endorsement PaKe
This pag~ form~ i~¢
TI~: premises hemh~ is situated in
SUFFOLK COUNTY, NEW YORK·
In the Towt%shlp of
1~ the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
((~v~r~
I IIIlfll Ill IIlll IIIII ii ! II Ill il IIII IHI
Sum~OLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument; DEEDS/DDD
l~,~her o£ F&ges: 8
Receipt ~--her ; 05-0129295
TRANSFER TAX NUMBER: 05-19084
1000
Deed A~ount~
8ecCion: Block:
020.00 03.00
~N~D AND CHARGED AS FOLLOWS
$350,000.00
Received the Following Fees For Above Instrument
P&ge/Filing $0.00 YES Handling
COE $0.00 YES NY8 SRCHG
EA-CTY $0.00 YES EA-STATE
TP-584 $0.00 YES Cert.¢opies
RPT $0.00 YES SC'TM
Trane£er tax $0.00 YES C~,Pros
Fees Paid
TRANSFER TAX NUMBEP.~
05-19084
THiS PAGE IS A PA~T OF THE INSTRUMENT
THIS IB NOT A BILL
Recorded~
At:
Edward P.Romaine
CounCy Clerk, 8u£folk County
12/13/2005
02:22:01 PM
LZBER: D00012425
PAGE: 210
Lot;
003.002
Exempt
$0.00 YE8
$0.00 YES
$0.00 YES
$0.00 YES
$0.00 YES
$0.00 YES
$0.oo
PLE~SE TYPE OR PRESS FIRMLY WHEN wRFTING ON FoRM
.INSTRUCTIONS: http'J/www, orps.state.ny.us or PHONE (518) 473-7222
I FOR COUN'[Y USE ~DNLY
/ / '~ ,,") ~/'C;~'C..,,J REAL PROPERTY TRANSFER REPORT
'. / ... RP - 5217
BBIIng i~h~,tha~, b~addm~Lmb,,~.i~e~laml I
,,~ 48. SulxlJvi~on A~)rovll wag ~i(l~fid for
5',.~"~.'',I FROk~Fr FB:'r IXl iD&pill Jo.I .,~../ . , I 4C. pifml A,~prowd Jot Sub(bviNon with 1~4a~) Provided []
o.~, t "?'~.,u.~ I 2,,~'~ --~''' I
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A [] O"0 trendy Residential ,~
~l.~ 2 ors Femi~ Re~tti~ F'~] C~mme~iiI J ~.~ Ink.trial
I)L.u No. Re,dot. airy. am Landz )ill Em~alnmeml,~tuaamem!
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Typo nM[ We.enty or Ba~Mn end SaM (81~iIy BiIow]
ASSESSMENT INFORMAllON - Data should ,reflect tho lateet FInal AsM~mem Roll a~d Tax Bill I' -. '
SELLER
NEW YORK STATE
COPY
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