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Home My WebLink AboutL 12345 P 254GRANT OF DEVELOPMENT R~GHTS EASEMENT TH~S DEED OF DI~yELOPMENT R~GHTS EASEMENT, is made on the ~"'~ of;~Tcu~.~_ , 200~at Southold, New York. The parties are ROBERTE. I(/E,I~Fg~./P~. and ELEANOR C, WEBBER residing at 3S CHAPEL AVENUE/ BROOKHAVEN~ NEW YORK 11719 (herein calfed "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporaUon, having !ts prlndpal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee"). IN~ODUCTION WHEREAS, Grantor is the owner in fee simple 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 a survey dated .1une 20, 2002, last revised May 4, 2004, prepared by Stanley .1. Isaksen, Jr., and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the R-80 Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town Code of the Town of Southold, Section 100-30. The Property is designated as part of Suffolk County Tax Map Parcel Number 1000-19-Z-11.3; and WHEREAS, the Property contains soils classified as Class I and Class !! worthy of conservation as Identified by the United States Department of Agriculture Soil Conservation Servlce's Soil Survey of Suffolk Counb/, New York; and WHEREAS, the Property is part of the New York State Agricultural District #7, and the Grantor wishes to continue using the Property in an agricultural capacity and as scenic open space as defined in the Town of Southold; and WHEREAS, the Property Is currently is agricultural use as row crops; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and 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 Property In Its present scenic, agricultural and open condition has substantial and significant value as an aesthetic and agricultural resource It has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property Is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permK'tlng compatible uses thereof; NOW THEREFORE, in consideration of ONE HUNDRED AND NINETY SEVEN THOUSAND-TWO HUNDRED DOLLARS and FIFTY CENTS ($197,200.50) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee.a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more partleulady bounded and described on Schedule "Ar anne~xed hereto and made a par~ of this instrument. TO HAVEAND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect ~o the Propert!) unto the Grantee, its successors and assigns forever, reserv~ng~ however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinatter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the fight to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and Is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic or agricultural values of the Property and have the common purpose of preserving these values. This Deed Is intended to convey a Deve!opment Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, In furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recoqnition Stewart Title Insurance Company l'it~e i~o: 23-S-3143 Schedule A Description ALL that c~rtain plot, piece or parcel of lfind with tho buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York and being bounded and described as folloxvs: BE;GINNII~G at a point on the southerly hue of Main Road (N.Y.S. Route 25), distmxt 3277.00 feet more or [ess easterly from the comer formed by the intersection of the southerly line o f lvinin Road with the easterly line of Narrow River Road; Thencq South l0 degrees 08 minutes 40 seconds West, 183.71 feet; Thence North 84 degrees 20 minutes 51 seconds West 100.00 feet; Tlience South 05 degrees 39 minutes 09 seconds Wes*, 151.55 feet to the ~ point 9fbeginni_ng~ Running thence South 84 degrees 18 ' '~'~'~ *°~ - minutes 52 seconds East, _ ...... eet; Thence South 03 degrees 40 minutes 19 seconds East, 993.36 feet; Thence North 86 degrees 11 minutes 59 seconds West, 435.14 feet; lhence North 05 degrees 39 minutes 09 seconds East, 994.46 feet to the point or place of Bei~qnning. TOGETHER with all fight, tide and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE OCT .1 2 004 Type of Instrument: EASEMENT/DOP N~mher of Pages: 15 Receipt Number : 04-0105955 TRANSFER TAX NUMBER: 04-08449 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 019.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 09/23/2004 04:30:11 PM D00012345 254 Lot: 011. 003 Received the Following Fees For Above Instrument Exempt Page/Filing $45.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Comm. Pres $0.00 NO Fees Paid TRANSFER TAX NUMBER: 04-08449 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County Exempt $5.0O NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $105.00 l~umbe~ of pages TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage lnsmameat page / Filing t~e ~ Handling 5. 00 TP-584 ~ ~ Notation EA-52 17 (Count3') EA-5217 (State) R.P.T.S.A. Comm. of Ed. A~davit Cefa~ed Copy NYS Surcharge Other Deed / Mortgage Tax Stamp 15. 00Sub Total ~ ~ o~,~ ~t~_ /~- 4 Dist, ~ect~oa Real Property T~x Secvice Agency Verification 1000 01900 0100 0~1003 6 ] Satisf~tions.q)Jscha.,ge~/Releases List Propex~y Owners MaRiag Address RECORD & RETURN TO: R~cording / Filing $lmnps 1_ ~Ba~ic Tax 2. Additional Tax Sub Total Spec.lA&sic or TOT. MTG. TAX Dtml Town__ Dual County Held for Appoinan.~ Trausfer Tax Ivl~sion Tax The propea'ff covered by this mox%,age is or will be im0roved by a one or two family dwelling YES__ or NO If NO, see appropriate tax clause on ipage ~__ of ~ h~mment. .~ Improved TD TD ~,,~Hwo/~, X~,//47/ ~ I Title Compan,y Information I c~. N~ ~ ~ In , { Suffo~.County Recor~ng & Endorsement Page (SPEC~ ~E OF ~S~ BO~S 6 T~U 8 ~ST BE ~ED ~R P~D ~ B~CK ~ O~y P~OR ~ ~CO~G OR ~G. (o~)