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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