HomeMy WebLinkAboutL 12190 P 149DEED OF DEVELOPMENT RIGHTS
THIS INDENTURE, made this: 22nd day of May, 2002,
BETWEEN MAUREEN CULLINANE, residing at P.O. Box 35, Orient, New York
1 t957 party of the first part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office and
principal place of business at Main Road, Town of Southold, County of Suffolk and State
of New York, party of the second part;
WITNESSETH, that the party of the first part, in consideration of FOUR
HUNDRED TWENTY-FIVE THOUSAND ($425,000.00) 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 and any structures thereon 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 at Orient in
the Town of Southold, County of Suffolk and State of New York, bounded as follows:
BEGINNING at the comer formed by the intersection of the southerly side of Main Road
(N¥S Route 25) and the westerly side of Narrow River Road;
RUNNING THENCE along the westerly side of Narrow River Road south 26 degrees 30
minutes 36 seconds east, 1044.17 feet to the comer formed by the intersection of the
westerly side of Narrow River Road and the northwesterly side of Narrow River Road;
THENCE along the northwesterly side of Narrow River Road south 34 degrees 48
minutes 36 seconds west, 945.,.l feet to land now or formerly of Young;
THENCE North 45 degrees 15 minutes 07 seconds West, 152.28 feet;
THENCE North 34 degrees 48 minutes 36 seconds East, 367.28 feet;
THENCE North 45 degrees 15 minutes 07 seconds West, 510.63 feet;
THENCE South 63 degrees 44 minutes 53 seconds West, 382.63 feet;
TiFIENCE South 78 degrees 54 minutes 10 seconds West, 190.00 feet to land now or
formerly of Taylor;
T]~IENCE along said last mentioned land and land now or formerly of White and Sabine,
North 22 degrees 05 minutes 50 seconds West, 697.49 feet to the southerly side of Main
Road (NYS Route 25);
THENCE along said southerly side of Main Road (NYS Route 25) the following three (3)
cc,urses m~d distances;
1. North 65 degrees 21 minutes 30 seconds East, 315.35 feet;
2. North 64 degrees 27 minutes 30 seconds East, 609.66 feet;
3. Easterly along the arc of a curve bearing to the left, having a radius of 1604.28
feet, a distance of 309.66 feet to the comer first above mentioned, to the point or
place of BEGINNING.
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 tbe center lines thereof.
TOGETHER with the appurtenances and all the estate and fights 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
dc,ne or suffered anything ;vhereby 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
laud in perpetuity, further covenm~ts 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 pm-pose of agricultural
production.
AND 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, that the parcels of
real property described herein are open lands actually used in bona fide agricultural
3
production as defined in GML section 247 and shall remain open lands actually used in
bona fide agricultural production. This covenant shaI1 run with the land in perpetuity.
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 party of the first part and the party of the second part do hereby covenant
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 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 xvritten
recordable consent of the Purchaser. This covenant shall run with the land in
perpetuity.
Nothing contained herein shall prohibit the sale of the underlying fee or any
portion thereof.
THE word "party" shall be construed as if it reads "parties" whenever the sense of
this indenture so requires.
4
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
xvith 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 with this agreement. 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, employees, and, their respective successors
ar:d 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 seller in this agreement; (2)
th~ 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
rei:ief, 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 ~vastes, 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
nm with the land in perpetuity.
THE party of the first part hereby reserves a twenty (20) foot right-of-way for
residential purposes including for ingress and egress running from Narrow River Road to
seller's retained five (5) acre building area. Said right-of-way shall be located a minimum
of one hundred (100) feet from the ~vooded tidal wetland edge and as shown on the
attached survey. Seller reserves the right to improve and maintain said right-of-way with
pervious material and with such drainage as may be required by applicable regulatory
agencies, at her own cost and expense. This covenant shall run with the land in
perpetuity.
THE party of the first part hereby reserves a twenty (20) foot right-of-way from
1Miain Road to the retained five (5) acre building area for installation, maintenance and
repair of underground utilities. Said right-of-way shall include the right to install,
maintain and repair such utilities as water, electric, gas and cable, and such other utilities
or public services as may become available. However, said utilities shall be buried at
sufficient depth so as to not interfere with the continued agricultural use of the property.
Said right-of-way shall run along existing dirt farm road and be of sufficient width to
accommodate all underground utilities as well as continued use of dirt farm road, for
agricultural purposes. This cowmant shall run with the land in perpetuity.
IT is hereby agreed and understood by the party of the first part and the party of
the second part that the farm road may cross the Development Rights property in its
prssent location and may be relocated, as needed, as long as the road continues to be used
for fanning purposes. This covenant shall run with the land in perpetuity.
THE use of this property shall be consistent with both the agricultural value and
the scenic value of the property. Use of the property shall be conducted in a manner that
does not detract from, or adversely affect the open space and scenic value that is
protected by this development rights pumhase and easement. This covenant shall run
wi th the land in perpetuity.
AS set forth in Chapter 25 of the Town Code of the Town of Southold
D]~VELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that
chapter shall not thereafter be alienated, except upon the affirmative vote of 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
amendn~ent 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.
Tkis covenant shall run with the: land in perpetuity.
THE following shall be a covenant running with the land in perpetuity subject to
the: Town receiving grant money from the New York State Department of Agriculture
reimbursing the Town for the partial or total purchase price of this interest in land: "all
arrtendments to the approved easement (the covenants and restrictions set forth in this
Deed) must be authorized by the New York State Department of Agriculture". This
covenant shall run with the land in perpetuity.
THE following shall be a covenant running with the land in perpetuity subject to
the: Town receiving grant money from the United States Department of Agriculture
(USDA) Farmland Protection Program reimbursing the Town for the partial or total
purchase price of this interest in land: "Contingent Right in the United States of America:
In the event that the county or local government and approved co-holding land trust, if
any, fails to enforce any of the terms of this easement [or other interests in land], as
7
determined in the sole discretion of the Secretary of the United States Department of
A.~iculture, the said Secretary of Agriculture and his or her successors and assigns shall
have the right to enforce the terms of the easement through any and all authorities
available under Federal or State law. In the event that the county or local government
and approved co-holding land trust, if any, attempts to terminate, transfer, or otherwise
divest itself of any rights, title, or interests of this easement [or other interests in land]
wi thout the prior consent of the Secretary of the United States Department of Agriculture
and payment of consideration to the United States, then, at the option of such Secretary,
all right, title, and interest in this easement [or other interests in land] shall become vested
in the United States of America. This covenant shall run with the land in perpetuity.
IN WITNESS WHEREOF, the party of the first part and the party of the seond
part have duly executed this dee, d the day and year first written above.
Seller:
Maureen Cullinane
Purchaser:
Town of Southold
By:
/J~hrua Y. Hort~n, Supervisor
STATE OF NEW YORK )
)SS:
COUNTY OF SUFFOLK )
RECORDEO
2002 Jun 06 11:05:20 AM
Eduard P. Rorf~aine
CLERK OF
SUFFOLK COUNT'?
L O00012190
P 149
[:,T# 01-42628
On the 22nd day of May, 2002, before me personally appeared MAUREEN
CULLiNANE, personally known to me or provided to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same and that by her signature on the
instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument.
N~?~v Pu~' '
KAREN J. HAGEN
NOTARY PUBLIC, State of New York
No. 02HA4927028
Qualified in Suffo k Count,/
Commission Expires March 21, '~0 ~,/t'"'~
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)SS:
On the 22nd day of May, 2002, before me personally appeared JOSHUA Y.
HORTON, personally known to me or provided to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity as Supervisor of the
TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or
the municipal corporation upon behalf of which the individual acted, executed the
instrument.
Notary Public L~)'
MELANE DOROSKI
NOTARY PUBLIC, State of Ne, eYed[
No. 01D04634870
Ouallfied In Suffolk Countv_
Number of pages
TORRENS
Serial #
/0
Ce~ificate #
Prior Ct£ #
Deed / Mo~gage Instrument
41
Page / Filing Fee 3 0
ltandling ~'~
TP-584
Deed / Mortgage Tax Stamp
FEES
Notation
EA-52 17 (County) _~ __ Sub Total
DA-5217 (State)
Comm. of Ed. 500
Affidavit
Certified Copy
Reg. Copy
Sub Total
Other
-- GRAND TOTAL
Real Property Tax Service Agency Verification
Dist. Section B lock
Lot
Stamp
Date
Initials
02012942 tooo ot~oo otoo oo~oo~
Satisfactions/Discharges/Releases List Yropeny uwners ~vmmng Address
RECORD & RETURN TO:
Co. Name
Suffolk Cz
This page forms part of the attached
RECORDED
2002 Jun 06 11:05:20
Eduard P.Ro~aine
CLERK OF
SUFFOLK COUNTV
L 000012190
P 149
~'~01-42628
Recording / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
Or
Spec./Add.
TOT. MTG. TAX
Dual Town__ Dual County__
Held for Apportionment __
Transfer Tax ~Ke ~'d~'99
Mansion Tax
The property covered by this mortgage is or
will be improved by a one or two family
dwelling only.
YES orNO
If NO, see appropriate tax clause on page #
__ of this instrument.
Community Preservation Fund
Consideration Amount $
CPF Tax Due
Improved
Vacant Land
TD
TD
Title Company Information
TO
Recordin & Endorsement
(SPECIFY TYPE OF/INSTRUMENT )
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
In the Township of
In the VILLAGE
or HAMLET of
made by:
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRiOR 'FO RECORDING OR FILING.
(OVER)
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instr%unent: DEEDS/DDD
Ntunber of Pages: 10
TRANSFER TAX N-GMBER: 01-42628
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
019.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$425,000.00
06/06/2O02
11:05:20 AM
D00012190
149
Lot:
001.004
Received
Page/Filing
COE
EA-STATE
Cert. Copies
SCTM
Comm. Pres
the Following Fees For Above Instrument
Exempt
$30 00 NO
$5 00 NO
$25 00 NO
$0 00 NO
$0 00 NO
$0 00 NO
Fees Paid
TP~ANSFER TAX lw-UMBER: 01-42628
THIS PAGE IS
Handling
EA-CTY
TP-584
RPT
Transfer tax
A PART OF THE INSTRUMENT
Exempt
$5.00 NO
$5.0O NO
$5.O0 NO
$30.00 NO
$0.00 NO
$105.00
Edward P.Romaine
County Clerk, Suffolk County
FOR COUNTY USE ONLY
Cl, SWIS Code-
PLEASE TYpE OR-P~HEN WRITING ON FORM
INSTRUCTIONS: http://www.orps.state.ny.us or PHONE (518) 473-7,222
PROPERTY INFORMATION ~
1. Property I 28410 I Main Road
[ Scuthold
Tcwn of Southotd
LAST NAME / COMPANY
3. Tax Indicate where future Tax Rills are to be sent
Billing if other thru buyer address {at bottom of form)
Address
STREET NUMBER AND STREET NAME
Grient
REAL PROPERTY TRANSFER REPORT
STATE OF NEW YORK
STATE BOARD OF REAL PROPERTY SERVICES
RP- 5217
FIRST NAME
11957
ZIP CODE
FIRST NAME
LASiT NAME / COMPANY
4. Indicate the number of Assessment
Roll parcels transferred on the deed I ~ I # of Parcels OR Part of a Parcel
5. Deed
Property [ ]xl IonL
· * Size FRONT FEET DEPTH ACRES
(Only if Part of a Parcel) Check as they apply:
4A. Planning Board with Subdivision Authority Exists []
4B. Subdivision Approval was Required for Transfer []
4C. Parcel Approved for Subdivision with Map Provided []
6. Ssfler I Cul linane i Mnl~re~n
Name LAST NAME / COMPANY FIRST NAME
I I 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 Residential
B ~ 2 or 3 Family Residential
C ~ Residential Cacant Land
DLj Non-Residential Vacant Land
sALE ~ORMATION I
11. Sale Contract Date
Commercial Industrial
Apartment Public Service
Entertainment / Amusement Forest
I 04 / 29 / o2
Month Day Year
12. Date of Sale / Transfer
I 05 / 22 / 02
Month Day Year
13. Pull Sale Price
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 []
10B. Buyer received a disclosure notice indicat ng
that the property is in an Agricultural District
15. Check one or mo~ of these conditions as applira~le to transfer:
A Sale Between Relatives or Former Relatives
Sale BeWveen Reiated Companies or Partners in Business
One of the Buyers is also a Seller
D Buyer or Seller is Government Agency or Lending Institufion
E Deed Type not Warranty or Bargain and Sale (Specify Below)
Sale of Fractional or Less than Fee Interest [Specify Below)
Significant Change in Prooert,/Between Taxable Status and Sale Dazes
Sale of Business is Included in Sale Price
Other Unusual Factors Affecting Sale Price (Specify Below)
J None
Deed of Devel6pmenr Ri~hts
16. Year of Assessment Roll f?om 0 i2 117. Total Assessed Value (of all parcels in transfer
18. PmpenvClass It, 0,51< lS. BehoolOistriotName .
,8,5.0,0
1000-019.00-01.00-001.002
! ~ertif~ that all of the itmns of ~nformafion entered. 'on this form are true and correct ~to the best of my knowledge and ~ and I understand that the makiq~
of aoy ~ statom~at of material,~t lierd~ 'w~ subject me to the pro~on~ of the penal law relative to the making and filing of fa~e h~strumen~. ~r :
BU~FFR BUYER'S ATTORNEY
~ . ,;,~- ------_ 5/22/02
¥~"m~NATUREJo~'hua Y. Horton, Toq~3 Supervisol
(~:~0~9~t ~ Route 25
.~,~thold NY 1 i 971
SELLER
/ ;?'/.//,,*x : /. ,,~'
SELLER SIGNATURE DATE
Yakaboski Gregory F.
631 765-1889
CITY/TOWN ASSESSOR
COPY