HomeMy WebLinkAboutL 12137 P 271SHO 1045
DISTRICT
1000
SECTION
038.00
BLOCK
01.00
LOTS
001.003 p/o
001.004 p/o
DE~D
OF
DEVELOPMENT RIGHTS
THIS INDENTURE, made the ~day of J~z~/ ,
2001
BETWEEN JOSEPH A CHEREPOWICH AND SUSAN G. CHEREPOWICH, his
wife residing at 6500 Main Road, East Marion, New York 11939
and HELEN POLAK, residing at No Number Church Lane, Aquebogue,
New York 11931 and MARION SANTACROCE, residing at 75 Shipyard
Lane, East Marion, New York 11944, PARTY OF THE 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, New York 11901, PARTY
OF THE SECOND PART;
WITNESSETH, tl~at the PARTY OF THE FIRST PART, in
consideration of THREE HUNDRED EIGHTY-FIVE THOUSAND FIVE HUNDRED
THIRTY TWO and 00/100 DOLLARS ($385,532.00) 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 of the PARTY OF THE SECOND PART
forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent
legal interest and right, as authorized by §247 of the 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
production as that term is defined in Local Law 16-1981 of the
County of Suffolk as amended, and the right to preserve open
space as that term is defined in §247 of the New York State
General Municipal Law, as amended, and the right to prohibit or
restrict the use of the premises for any purpose other than
agricultural production, to the property described as follows:
ALL, that piece or parcel of land, situated in the Town of
outhold, County of Suffolk, and State of New York, more
articularly bounded and described as follows: (see description
~nnexed hereto and made a part hereof):
BEING AND INTENDED to be part of the same premises
conveyed to Joseph A. Cherepowich, Helen Polak and Marion
Santacroce by deed from Joseph Cherepowich and Sophie
Cherepowich dated January 23, 1986 and recorded February 3, 1986
in Liber 9971 at page 30 as to parcel identified by tax map
number 1000-038.00-01.00-001.003 and,
BEING AND INTENDED to be part of the same premises conveyed
to the party of the first part by deed dated January 7, 1987,
recorded February 3, 1987 in Liber 10238 at page 374, by deed
dated January 7, 1987 recorded February 3, 1987 in Libor 10238
at page 376, by deed dated January 19, 1987, recorded February
3, 1987 in Libor 10238 at page 378, by deed dated January 20,
1987, recorded February 3, 1987 in Libor 10238 at page 380 and
~by deed dated March 5, 1989, recorded March 25, 1999 in Libor
11953 at page 432 as to parcel identified by tax map number
!1000 038.00-01.00-001.004.
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 C,F 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 OF THE FIRST PART, and the heirs, legal
representatives, successors and assigns of t~e PARTY OF THE
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 herein are subject to the
further terms and provisions as set forth in a certain contract
of sale between the parties hereto dated May 11, 2000 as the
same is recorded in the office of the Suffolk County Clerk on
July 24, 2000 in Liber 12057 cp 724, portions of which as
contained herein have and will survive the delivery of this
instrument of conveyance.
THE PARTY OF THE FIRST PART, its heirs, assigns and/or
party or parties in lawful possession of the premises subjeot to
this deed of development rights, pursuant to lease, license, or
other arrangement, covenants and agrees that it will not remove
any soil from the premises described herein.
THE party of the first part, its heirs, assigns and/or
party or parties in lawful possession of the premises subjeet to
this deed of development rights, pursuant to lease, license, or
other arrangement, covenants and agrees that it will (a) not
~enerate, store or dispose of hazardous substances on the
)remises, nor allow others to do sc); (b} comply with all
~nvirenmental Laws; (c) allow PARTY OF THE SECOND PART and its
mgents reasonable access to the premises for the purposes of
iscertaining site conditions and for inspection of the premises
for compliance with this agreement. This covenant shall run
~ith the land in perpetuity.
THE following covenants shall run with the land in
perpetuity and shall be deemed applicable, only if federal tunds
~re in fact received by the PARTY OF THE SECOND PART for the
sremises:
The following language is inserted pursuant to the
~greement (N.Y.S. Contract No. C800500, C/A Ref. No. MNSRV #99-
FL-002), dated , between New York State Department of
~griculture and Markets, having its principal place of business
~t 1 Winners Circle, Albany, N.Y. and PARTY OF THE SECOND PART,
~s Contractor, acting through its duly constituted DEPARTMENT OF
PLANNING, located at 100 Veterans Memorial Highway, P.O. Box
5100, Hauppauge, New York 11788; and is applicable only for
~hat portion of funds received pursuant to Appendix "E~ and
%ppendix "F" thereof, pursuant to a Cooperative Agreement
between the United States of America Commodity Credit
2orperation and the N.Y.S. Department of Agriculture and Harkets
[or the Farmland Protection Program:
(i)
Contingent Right in the United States of America:
In the event that the PARTY OF THE SECOND PART
fails to enforce any of the terms of this
easement (or other interests in land), as
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 terms of the easement
through any and all authorities available under
Federal or State law.
In the event that the PARTY OF THE SECOND PART
attempts to terminate, transfer, or otherwise
divest itself of any rights, title, or interests
of this 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,
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, by/and through the
(ii)
United States Department of Agriculture, its
successors and assigns.
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 shall hold title to any
conservation easement or interest in land.
However, title may be held by the UNITED STATES
at the request of the Secretary ef Agriculture
upon mutual agreement of the PARTY OF THE SECOND
PART, United States of America Commodity Credit
Corporation and the N.Y.S. Department of
Agriculture and Markets.
(iii)
PARTY OF THE FIRST PART covenants to manage the
property in accordance with a conservation plan
that is developed utilizing the standards and
office
by the
specifications of the NRCS field
~~.~%?}~.~'~ide and is approved
On~ ~ ~oi~ S~r~ ~ o n District
THE following' covenants 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:
The following language is inserted pursuant to the
Agreement (N.Y.S. Contract No. C800001~ C/A Ref. No. MNSRV #99-
FL-003), dated between New York State
Department of Agriculture and Markest, having a principal place
of business at 1 Winners Circle, Albany, N.Y. and PARTY OF THE
SECOND PART, acting through its duly constituted DEPARTMENT OF
PLANNING, located at 100 Veterans Memorial Highway, P.O. Box
6100, Hauppauge, New York 11788; and/or pursuant to the
Agreement (N.Y.S. Contract No. C800500, C/A Ref. No. MNSRV #99-
PL-002), dated between New York State
Department of Agriculture and Markets, having a principal place
of business at 1 Winners Circle, Albany, N.Y. and PARTY OF THE
SECOND PART, acting through its duly constituted DEPARTMENT OF
PLANNING, located at 100 Veterans Memorial Highway, P.O. Box
6100, Hauppauge, New York 11788:
(i)
Ail amendments to this Agreement/Easement, after
the DEVELOPMENT RIGHTS have been acquired by the
PARTY OF THE SECOND PART shall be authorized by
the N.Y.S. Department of Agriculture and
Markets.
THE PARTY OF THE FIRST PART, its heirs, assigns and/or
party or parties in lawful possession of the premises subject to
this deed of development rights, pursuant to lease, license, or
other arrangement, covenants and agrees that it shall defend,
indemnify and hold 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 (1) any
inaccuracy or misrepresentation in any representation or
warranty made by PARTY OF THE FIRST PART in this agreement; (2)
the 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 relief, remedial action, or other repedy by reason of
a violation or non-compliance with any environmental law; or the
disposal, discharge or release of solid wastes, 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 run with the land in perpetuity.
THE WORD "PARTY" shall b~ construed as if it read "parties"
whenever the sense of this indenture so requires.
IN WITNESS W~[EREOF, the PARTY OF THE
executed this deed the day and year first
FIRST PART has duly
above written.
SUSAN G. CHEREPOWICH!
HELEN POLAK
MARION SANTXCROCE
STATE OF NEW YORK)
CO TY or
~ ~001 in the year 20QI , before
On
this
day
me, the undersigned, pe~sonal~y, appeared ~O£~D~ ~. ~e~C~,
persona~ly known to me or proved to me on the basis ~f
satisfactory evidence to he the individuals whose names are
subscribed to the within instrument and acknowledged to me that
they executed the same in their capacity, and that by the±~
signatures on the instrument, the individuals, or the person
upon behalf
instrument.
of which the
PAMELA A. DENEHAN
Notary Public, State of New Y~k
No. 01DE4641345
Qualifie~l in Suffolk CounN
~ r~,~r~ ~ ~h, ~001
individuals acted, executed the
Notary Public: State of New Y~rk
RECORD AND RETURN TO:
BOB ZAHER
Division of Real Estate
Department of Planning
H. Lee Dennison Bldg., 2~ Floor
P.O. Box 6100
Hauenauce. New York 11788
10130101
TUE 09:53 FAX
SC REAL ESTATE
002
DOWNSTATE TITLE AGENCY, INC.
as authorized agent for
LAWYERS' TITLE INSURANCE COMPANY
TITLE NO. DT00-1098
SCHEDULE A - CONTINUED
AMENDED LEGAL DESCRIPTION
ALL that certain plot. piece or parcel of land, situate, lying and being situate at East Marion, in the
Town ef Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point 271.98 feet southwesterly from the corner formed by the intersection of
the southwesterly side of Gillette Drive and the southeasterly side of Main Road (State Route 25);
RUNNING THENCE South 40 degrees 18 minutes 59 seconds East along land now or formerly of
Joseph A. Cherepow]ch and Susan G. Cherepowich 262.47 feet;
THENCE North 55 degrees 14 minutes 29 seconds East along land now or formerly of Joseph A.
Cherepowich and Susan G. Cherepowich 161.10 feet;
THENCE South 38 degrees 23 minutes 56 seconds East 2,123.78 feet;
THENCE South 54 degrees 53 minutes 55 seconds West along land now or formerly of Aquafood
Properties Limited Partnership 118.O4, feet;
THENCE North 38 degrees 26 minutes 08 seconds West along land now or formerly of George
H. Gregory, Jr. and Mary C. Gregory, 134.85 feet;
THENCE North 38 degrees 26 minutes 08 seconds West 50 feet;
THENCE South 51 degrees 33 minutes §2 seconds West 502.30 feet;
THENCE South 60 degrees 35 minutes 52 seconds West 66.06 feet;
THENCE North 37 degrees 04 minutes 17 seconds West 1,189.08 feet;
THENCE North 62 degrees 43 minutes 10 seconds East 2.33.25 feet;
THENCE North 37 degrees 45 minutes 19 seconds East 973.86 feet to the southerly side
of Main Road (State Route 25);
THENCE along the southerly side of Main Road (State Route 2G) North 44 degrees 36
minutes 31 seconds East 54,10 feet;
THENCF along the southerly side of Main Road (State Route 26) North 42 degrees 37 minutes 45
seconds East ]92,91 feet to ~he point or place of BEGINNING.
10/30/2001 TUE 09:54 [TX/RX NO 6514] ~002
Number of pages ;
TORRENS
Serial tt
Certificate #
Prior Cfi. #
Deed / Mortgage Instrument
I
Deed / Mortgage Tax Stamp
FEES
RECORDED
2001 Aug 22 I1:i4:23 AH
Edu.srd P.Romaine
CLERK OF
SUFFOLK COUNT?
L D00012i37
P 271
~T# 01-0~i18
Recording / Filing Stamps
Page / Filing Fee
Handling
TP-584
Notation
EA-52 17 (Comity)
EA-5217 (State)
__ Sub Total
Comm. of Ed. 500
Affidavit
Certified ~'o?y > "--~..
Reg. Copy
Other
Sub Total
GRAND TOTAL
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
Mansion Tax
The property covered by~this tlnortg'~ge-~s or
will be improved by a one or two family
dwelling only,
YES~ or NO
lfNO, see appropriate tax clause on page #
__ of this instrument.
Stamp
Real Property Tax Service Agency Verification
Dist. Section B lock
91
RECORD & RETUILN TO:
"'~.O-~ ~oOI9 ~
Comxnunity Preservation Fund
Consideration Amount $
CPF Tax Due $ ~) --
a;rg[ o I0
s/Discharges/Releases List Property Owners Mailing Addres.~
Improved
and J
TD
TD
TD
8 [ Title Company Information
Co. Name /--,,~$a ye,,~ '7' /~(-e /.,,~',.et.c,e, ae.~o~ ~_~
ITitle# ~;'TO0 -- /o?j>
Suffolk County Recording & Endorsement Page
This page forms part of the attached '7~ &~'~'-.d~ ~9 ~<5 ~e/.~o/,~ma..~7- .,~ ~7~..~ made by:
TO
(SPECIFY TYPE OF INSTRUMENT )
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK
In the Township of ~ OctT-ht ot~
In the ViLLAGE
or HAMLET of ~'~'7"'- /~,~--~ ~ rJ
BOXES 5 TIIRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 6
TRANSFER TAX NUMBER: 01-03118
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
038.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$o.oo
Received the Following Fees For Above Instrument
Exempt
Page/Filing $0.00 YES Handling
COE $0.00 YES EA-CTY
EA-STATE $0.00 YES TP-584
Cert. Copies $0.00 YES RPT
SCTM $0.00 YES Transfer tax
Comm. Pres $0.00 YES
Fees Paid
TRANSFER TAX NUMBER: 01-03118
THIS PAGE IS
A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
08/22/2001
11:14:23 AM
D00012137
271
Lot:
001.010
Exempt
$0.00 YES
$0.00 YES
$0.00 YES
$0.00 YES
$0.00 YES
$0.00
P-L~'~"~~SS FIRMLY WHEN WRITING ON ~'OR~~;- 7:';~ '.
INSTRUCTIONS: http://www.orps.state.ny.us or PHONE (518) 473-7222
INLY
REAL PROPERTY TRANSFER REPORT
STAT~ OF NEW YORK
STATE BOARD OF REAL PROPERTY SERVICES
RP - 5217
t. Proper~y
Location
CITY OR TOWN
2. Buyer I 0/~
Name ~ST NAME / COMPANY
I "2~,V. oC
3. Tax
Billing
Address
F~RST NAME
LAST NAME / COMPANY
Indicate where future Tax Bills are to be sent
if other than buyer address (at bol~om of form)
LAST NAME / COMPANY FIRST NAME
)Only if Part of a Parcel) Cheek as thru/apply:
,IA. Planning Board with Subdivision Authority Exists []
4B. Subdivision Approval was Required for Transfer []
4C. Parcel Approved for Subdivision with Map Provided []
STREET NUMBER AND STREET NAME CI~ OR TOWN
4. Indicate the number of Asseesment ~ I [~
Roll parcels transferred on the deed I , # of Parcels OR Par~ of a Parcel
B. Oead O, 7 5 ~iI
PropertyI Ix[ JoRI , - ,
Size FRONT FEET DEPTH ACRES
B. Sel,er I C,¢~,~*~ ;=o~'~c~ I Jo..c~,>~. ,,~. I
LAST NAME / COMPANY FIRST NAME
B ~L~r 3 Family Residential F ~.~ Commercial Industrial
C~_~ Residential Vacant Land G[~ Apartment Public Service
DL~ Non-kesidential Vacant Land HL~] Entertainment/Amusement Forest
11, Sele Contract Date I ~ / // / ~0 I Month Day Year
1~: Date of Sale / Transfer
pT~
Month Day Year
13. Full Sale Price I , , , j~, ~, 5, 5', 3 , ~, o , 0 I
)Full Sale Price is the total amount paid for the property including personal property,
This payment may be in the form of cash, other property or goods, or the assumption of
mortgages or other obligations.) Please round to the nearest whole dollar amount.
14. Indicate the value of personal [ I I I I I ~ , 0 , o I
Check the boxes below as they apply:
8. Ownership Type is Condominium L~
9. New Construction on Vacant Land []
IOA. Property Located within an Agricultural District []
10B. Buyer received a disclosure notice indicating []
that the property is in an Agricultural District
15. Check one or rn(we of these conditions as applicable to
A Sale BetWeen Relatives or Former Relatives
B Sale Between Related Companies or Partners in Business
C of the Buyers is also a Seller
D or Seller is Government Agency or Lending Institution
~e not Warranty or Bargain and Sale (Specify Below)
F f Fractional or Less than Fee interest (Specify Below)
Significant Change in Property Between Taxable Status and Sale Dates
Sale of Business is included in Sale Price
Other Unusual Factors Affecting Sale Price (Specify Below)
J None
16. Year of Assessment Roll from I 0, / I 17. Total Assessed Value (of all parcels in transfer)
which information taken
18. Property Class
20. Tax Map Identifier(s) / Roll Identifier(si (ff more than four, attach sheet with ado'rtionel identifier(s))
I /,OOO -- O~,or', ~ O1.,)O .--f~¢"t*o;¢ I /c~o~ .o:~,~.':':' - ?/.'~ "' ,o/. ~o,.~
I I I I
STREET NUMBER STREET N~E ~A~ER SALE)
CI~ OR TOWN ZIP COOE
SELLER
CITY/TOWN ASSESSOR]
COPY