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HomeMy WebLinkAboutL 12413 P 314i:1000 0 ,0.0o OI ,OD DEED OF DEVELOPMENT RIGHTS BETWEEN KENNETH WATERS TERRY, residing at I Colt Lane, Norwich, Connecticut 06360 and PRISCILLA TERRY BULL residing al 34920 Main Road, Orient. New York 11957, PARTY OFTHE FIRST PART, 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, .~cw York 11901. PARTY OFTHE SECOND PART. WITNESSETH, that in accordance with Article XII of the Suffolk County Charter, ~s amended and effective December I, 2000, and in accordance with Chapter 8 of the Suffolk County Code, Resolution 285-1981, as amended, and Resolution No. 21M-2003 and Resolution 562-2~5 of thc Suffolk County Legialature. the PARTY OF THE FIRST PART, in consideration of SIX HUNDRED SIXTY THOUSAND ONE HUNDRED and 00/100 DOLLARS ($660,100.00) and other good and valuable consideration paid by the PARTY OFTHE SECOND PART, DOES HEREBY GRANT AND RELEASE unto the PARTY OF THE SECOND PART, the successors and assigns of the PARTY OF TH~ SECOND PART forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and fight, as authorized by §247 of thc 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 produclion as that term is defined in Local Law 16-1981 of thc County of Suffolk, as amended, and thc right to preserve open space as that term is defined in §24'/of the New York State General Municipal Law, as amended, and the fight to prohibit or restrict the use of the premism for any purpose other than agricultural production, to the pmparty described as follows: ALL that piece or parcel of land, situated in the Town of Southold, Counly of Suffolk, and State of New York. more particularly bounded and described as follows: (see description annexed hereto and made a putt hereof): BEING AND INTENDED to be pan of the same premises conveyed to GRANTORS by deed from Priscilla Terry Bull and Ronald Elton Terry as Co-Executors of lhe Last Will and Testament of Lloyd E. Teny dated I/2~02 and recorded ~13/02 in Liher 12168 page 962 as to a fifty percent interest (50~,) interest to Priscilla Terry Bull and Kennelh Waters Terry, as Tenants in Common without right of survivorship, BEING AND INTENDED to he pan of the same premises conveyed to gRANTORS by deed from Uoyd E. Terry dated 7/25/96 and recorded 7131/96 in I.Jher 1 I,/85 page 055 to Priscilla Terry Bull as to a twenty-five percent (25%) interest and ~.enneth Waters Terry as to a twenty-five percent (259~) interest, as Tenants In Common without fight of survivorship. TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS in the premises herein granU~d 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 OFTHE 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 nstrument solely for the purpose of agricultural pnxluction. THE development rights conveyed herein nrc subject to the further terms and ~rovisions ns set forxh in n certain conlract of sale between the PAR'I'IF_.S hereto dated July !005 as the same is recorded in the office of the Suffolk County Clerk on July 28, 2005 in tiber 12400 cp 358, portions of which as contained herein have and will survi,ve the tclivery of this instrument of conveyance. THE PARTY OF THE FIRST PART, its heirs, assigns and/or party or.parties in awful possession of the premises subject to this deed of development rights, pursuant to ease. license, or other arrangement, covenants and agrees that it will not remove any soil 'rom the premises described herein. A purpose of this acquisition is'to protect topsoil by trotting non-agricultural production uses of Ihe land. The topsoil present on the premises :onsists of prime/unique/important soil. THE PARTY OF THE FIRST PART, its heirs, assigns and/or party or parties in awful possession of the premises subjecl to this deed of development fights, pursuant to ease. license, or other nrr-,ngement, covenants and agrees that it will (a) not.generate, sto~ ~r dispose of hn~'~'~rdous substances on the premises, nor allow others to do so;'(b) comply vilh all Environmental Laws: (c) allow PARTY OF THE SECOND PART and its agents enson-',blc access to the premises for the purpuses of ascertsinin§ site conditions and for nspection of the premises for compliance with this agreement, Where Federal grants and/or ands am used and/or reimbu~ed to the PURCHASER for this acquisition, representatives ~f the United States Depa~ment of Agriculture shall also have the right to enter the property s stated in subparagraph (c) herein. This covenant shall run with thc land in perpetuity. THE followin~ covenants shall run with the land in perpetuity and shall be deemed pplicnble only if federal funds am in fact received by the PARTY OF THE SECOND >ART for the premises: fi) Contingent Right in the United States of America: In the event that thc PARTY OFTHE SECOND PART fails to enforce any of the terms of this easement (or other interests · in land), ns determined in the 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 ten~s of thc easement (or other interests in land) through any and nil authorities nveilnble under Federal or State law. In the cveot that the PARTY OF THE SECOND PART attempts m ' term{nnte, trnnsf~, or otherwise divest itself of any rights, title, or interests o.f this easement (or other interests in land) or extinguish conservatton easement (or other interests in Innd} without the prior consent of the Secretary of the United Slates Department of Agriculture and payment of consideration m the United Slates of Americ.', then. at the option of such Secretary. all right, title, and interest in this easement (or other interests in land) shall heenme vested in the United Slates of America. (ii) Unless otherwise agreed to by the PARTY OF THE SECOND PART. United States of America Commodity Credit Corporation and thc 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 Slates of America at the request of thc Secretary of A~ricuhure upon mutual agreement oftbe PARTY OFTH~ SECOND PART, United States of America Commodity L-"~'~t Corporation and the N.Y.S. Department of Agriculture and Markets, or when the United States exercises its contingent right. (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 7 C.F.R., Pan 12, and is approved by the Conservation District iA) (C) As requi~ by section 12381 of the Food Security Act of 1985, as amended, thc PARTY OF THE FIRST PART, his heirs, successors, or assigns, sludl conduct all agricultural operations on the Protected Property in a manner cousistent with n conservation plan prepared in consultation with NRCS and approved by the Conservation District. This conservation plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guidcand 7CFRpart 12 that are in effect for Development Rights on September 19, 2005. Development Rights. However, th," PARTY OFTHE FIRST PART may develop and implement n conservation plan that prbpuscs a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Property, with 'advance notice to the PARTY OF THE FIRST PART, in order m monitor compliance with thc conservation plan. In the event of noncompliance with the conservation plan, NRCS shall work with the PARTY OFTHE FIRST PART to explore metho~t of compliance and give the PARTY OF THE FIRST PART a reasonable nmounl 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 PARTY OF THE SECOND PART of the PARTY OF THE FIRST PART's noncompliance. The PARTY OF THE SECOND PART shall take all reasonable steps (including efforts at securing voluntmy compliance and, if necessary, appropriate legal action) to secure compliance with the conservation plan following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non compliance with the conservation plnn, Co) NRCS has worked with the PARTY OFTHE FIRST PART to con'ect such noncompliance, and (c) PARTY OF THE FIRST PART has exhausted its appeal rights under applicable NRCS regulations. If thc NRCS standards and specification,, for highly erodible land am revised after the date of this Grant based on an Act of Congrass, NRCS wi!l work cooperatively with thc PARTY OF THE FIRST PART to develop and implement a revised conservalion plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and am not intended to affect any other natural resources conservation requirements to which the PARTY OF THE FIRST PART may be or becomc subject. (iv) After the DEVELOPMENT RIGHTS have been acquired by thelPARTY 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 covenants shall run with the land in perpetuity and shal! be deemed tpplicable, only if New York State funds are in fact received by the PARTY OF THE ~ECOND 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. Dep",n'trnent of Agriculture and Markets. THE PARTY OF THE FIRST PART, his heirs, assigns and/or peny or prates in nwful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement, covenants and agrees that he shall defend, indemnify and hold the PARTY OF THE SECOND PART and any of its officers, agents, employees, .',nd, their respective successors and assigns, harmless from and against any and all damages, :lalms. losses, liabilities and expenses, including, without limitalion, responsibility for legal. .'onsuhing, engineering and other costs and expenses which may arise out of (!) any inuccurecy or misrepresentation in any representation or warranty made by PARTY OF THE FIRST PART in thc subject a~rcement and/or this deed; (2) thc breach or non-performance =f any covenants required by thc subject agreement and/or this deed to be performed by the ?ARTY OF THE FIRST PART, cither prior to or subsequent to thc closing of title he,in: 13) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial ~ction. or other remedy by reason of a violation or non-compliance with any environmental aw: or thc disposal, discharge or release of solid wastes, pollutants or hazardous ~ubstances; or exposure to any chemical substances, noises or vibrations to the extent they trise from the ownership, operation, and/or condition of the premises prior to or subsequent o the execution of thc deed of development rights:..o.r (4) the nets or omissions or negligence Df thc PARTY OF THE FIRST PART. This covenant shall nm with the land in perpetuity. grants are used ~a,~d/or reimbursed to the PURCHASER for IF Federal and/or funds his acquisition, the United States of America shall also be deemed to be an indemnified party under the indemnification as stipulated in thc preceding paragraph, and the PARTY OF rile HRST PART shall also indemnify the PARTY OF THE SECOND PART and the United States o'f America as to thc following: Violations of any laws and regulations which are now or which may in the future become applicable'and including, but not limited to (he Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., tho Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251, et seq., the Comprehensive Envinmmental Response. Compensation and Liability Act ns amended, 42 U.S.C. 9601, et seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601, et seq., the Federal Insecticide Fungicide and Rodenticide Act, as amended, 7 U.S.C. 136, et seq., and the Safe Drinking Wamr Act, as 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 incutrcd by the United States of America, or (4) the release or threatened release of any solid waste, hazardous waste, hazardous subslance, pollutant contaminant, oil in any form or petroleum produdt into the environment. This covenant shall run with the Innd in perpetuity. THE WORD "PARTY" shall be construed as if it read "PARTIES" whenever the ense of this indenture so requires. IN WITNESS WHEREOF, thc PARTY OF THE FIRST PART has duly executed his deed the duy and year first above written. 4 · , Schedule A Description R~vised: 08Z10N005 TIIIo Number SUB-2679S Page I Developments Rights in and to ALI that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road, distant 1,154.00 feet more or less westerly from the comer formed by the intersection of the westerly side of Greonway East and the northerly side of Main Road, said point also being the division line between lax lot 2.1 and 1.3; RUNNING THENCE south 77 degrees 34 minutes 00 seconds west 82.79 feet; THENCE north 12 degrees 33 minutes 50 seconds west 316.77 feet; THENCE south 77 degrees 34 minutes 00 seconds west 281.26 feel to the easterly side of a right of way; THENCE nodh 14 degrees'05 minutes O0 seconds west 1561.40 feet; THENCE north 75 degrees 55 minutes 00 seconds east 405.60 feet to the division line between tax lot 1.3 and 2.2; THENCE south 12 degrees -33 minutes 50 seconds east along said division line 1889.32 feet to the northerly side of Main Road, the point or place of BEGINNING. In Presence Of: PRISCU f .6, TERRY BUL.[. ~TATE OF'~~) - )C'ff... ss.: um'Y On,he ~f ~yof~ mown to me or proved to me on i~c ~sis or ~tisf~m~ e~n~ ~ ~ tho in~vid~ls ah~ na~s ~ sub~fi~ to the within instant and ~owledg~ to me th~ they ~x~ut~ Ihe ~e in their cavity, and that by ~ir signmums on ~e instm~nt, the individ~ls, or thc ~ns u~n ~half of which the individuals ac~ ex~uted the instrument. ' 8~AN BANK ~ v ~ ~ ~blla, Sram Of N~ ~ Si~um ~d Offi~ of Individual NO. 01BA4~7~4 ~ki~ Acknowl~g~nt RECORD & RETURN TO: BOB ZAHER Division of Real Estate Department of Planning H. Lee Dennison Bldg. - 2nd FI. P.O. Box 6100 Hauppaugc, New York 1 ! 788 Number of pages ~ TORRENS Scdal # Cefliflcale if Prim Ctf'. # Deed / Mofliqe Insmunent Page I Filin~ Fee Ibndling Notation ~.A-52 17 (Coumy) EA*52 J 7 (State) Comm. of Ed. Afl'.hvit Ceflified Copy P~L Copy Deed / Mortpge Tax Stamp FEES RecordiuS I FilJn~ Stamjm Mortgage Amt. I. hsic Tax 2. Additional Tax Sub Tot.l Sub ToMI I SpecJAuiL  ~ ~ ~ ~ th~ ~ ~ or will be tmproved by t one or two hmJly ~TAL lrNo, ~ee ~ Real I'rqJefly Tax Se,vice ASmcy Verificitk~ 1000 02000 0100 001005 SatisFnotionsru,scnmBedReiease~Lis~ Prop~ RECORD i RKTURW TO: Commun Fund t , [ CPF S _. 0 --" Improved Suffolk 'fhis pn~e forms ~ of liE ~ TO Title Company Information Co. Name Title if Recordin & Endorsement The pmn~u hewn is situnmd in SUFFOLK ~, NEW YORK. In the Township of .~O~ ~ In thc VILLAGE or ~ET of ~_~ BOXES 5 THRU 9 MUST BE TYPED OR PRIN I~.;D IN BLACK INK ONLY PRIOR TO RECORDING OR FLUNG. (OVER) I lll llllllllllllJIIIIIIIIIIIl lllllllllllllllllllE Su~FOLK COUNTY CLERK RECORDS OFFTCE RECORDINO PAGE Type o£ znstrument: DEEDS/DDD ~--h~r o£ Pages: 7 Receipt ~mh~r : 05-0105178 TRANSFER TAX NUMBER: 05-09881 1000 Deed Amount: Section: Block: 020.00 01.00 EXAMZNEDAND CHAR~BDAS FOLLOWS $660,100.00 Received bhe eollowin9 Fees For Above Page/Filing $0.00 FEE Handling COE $0.00 FEE NYS SRC~G EA-CTY $0.00 YES ~A-HTATE TP-584 $0.00 YES Care. Copies RPT $0.00 YES HCTM Transfer Csx $0.00 YES C~u*".Pres Fees Paid TRANSFER TAX I~OMBER: 05-09881 THIS PAGE IS A PART OF THE INSTRUMENT THIH IH NOT A BILL Edward P.~--ins County Clerk, Su££olk County Recorded: 10/06/2005 AC: 12:20:34 PM LZBER: D00012413 PAGE: 314 Lot: 001.005 $0.00 YES $0.00 $0.00 YES $0.00 YES $0.00 YES $0.00 YES $0.00 PLE~SE TYPE OR PRESS FIRMLY WHEN WRITING ON F~)RM INSTRUCTIONS: http://www.orp~.state.ny.us or PHONE (518) 473-7222 COUNTY USE ONLY - . I '/ I f~A .(111 j,.. STAIEOFNIWYOfllC RP- 5217 <~.,'r , · r .,~.. SALE INFORMATION I liB' Buwr roel~ved I ~ m~c~ ~ [] I,/ Go0- 02'D' c~- 0 I' o~) - 001' oo--'~ IL I I I ~ I i I'~:lS I II'~'llriN I