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Home My WebLink AboutL 12331 P 747'A SH0-1045 DISTRICT 1000 SECTION 038.00 BLOCK 01.00 001.003 p/ 001.004 p/ made the 20th day of April , 2004 B~'~w~'~ JOSEi~H A CHER~POWICH AND SUSAN G. CHE~EPOWICH, his wife , residing at 6500 Main Road, East Marion, New York 11939 and HELEN POLAK, residing at No Number Church Lane, Aquebo~ue, New York 11931 and MARION SANTACROCE, residing at 75 Shipyard Lane, Ea.st .Mar/on, New York 11944, PARTY OF THE FIRST PART, ~ the C0~T~ OF SUFFOLK, a municipal 'corporati'~ '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; WIT~EBE~E, that the PARTY OF THE FIRST PART, in consideration of ONE DOLLAR ($1.00) and other good and valuable consideration paid by the PAR~Y OF THE SECOND PART, ~O~8 Z~I~EBy G~T A~D ~%~L~A~E unto the PARTY OF THE SECOND PART, its successors ~d assigns of the PARTY OF THE SECOND PART forever, T~ D~¥~LO~T RI~TS, by which is meant the permanent legal '{~e-~~ authorized by §247 of the New York State General Municipal ]Jaw, as amended, and Local Law 16-1981 of the County of Suffolk, as amended, to permit, require or restrict the use of the pr~nises exclusively for agricultural production aa that term is defined in Local Law 16-1981 of the County of Suffolk, as amended, and the right to preserve open space as that term is defined in §247 of the New York State General Municipal Law, as amended, and the right to prohibit or restrict the use of the pr~nises for any ~ur~ose other than agricultural ~rm~uct$on, to the property d~scribed as f~llows: ALL, that piece or parcel of land, situated in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described ~s follows: (see'description annexed hereto and made a Dart hereof): BE~AND I~-A-~m~D to be the same premises conveyed to the County of Suffolk by deed from Joseph Cherepowich, Susan Chere~owich, ~elen Polak and M~r~on Santacroce dated July 25, 2001 and recorded August 22, 2001 in Liber 12137 at page 271. BEXN(3 AND =bx,t~lmED to be part of the same premises conveyed to Joseph A. Cherepowich, Helen Polak and Marion Santecroce .by deed from Joseph Cherepowich and Sophie Cherepowich dated January 23, 1986 ~nd recorded February 3, 1986 in Liter 9971 at ~)age 30 as to parcel identified by tax map number 1000-038.00.-01.00-001.003 and, BE~ AND ~ to be Dart of the same premises conveyed to the party of the first part by deed dated January 7, 1987, recorded February 3, 1987 in Liter 10238 at page 374, by deed daceo January ~, i987 ~eu~rded F,~b~uary 3, 1gS7 in Li~er ~023~ at page 376, by de,~d dated J~nuary 19, 1987, recorded February 1987, recorded ~eb:ruary. 3, 1987 in Liter ~0238 at page 380 and by deed d~ted ~rch 5, 1989, recorded M~rch 25, 1999 in Liter 11953 at page 432 as to parcel identified by tax map number 1000-038.00-01.00-001.004. TO ~A~ AND TO HOLD the said DEVELOPMENT RIGHTS in the premises herein granted unto the PARTY OF THE SECOND PART, its successors and assigns, forever; AN~ the PARTY OF T~E FIRST PART covenants that the PARTY OF THE FIRST pART has no~ done or suffered anything whereby the said premises have bean 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 the 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. T~- 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 s~e is ~=~orded in the office of the Suffolk Co~nty Clerk on July 24, 2000 in Liber 12057 Cp 724, portions of which as contained herein ]nave and will survive the delivery of this instrument of conveyance. TH~ 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 will not re~ove any soil from the premises described herein. T~ 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 will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all Environmental Laws; (c) allow PARTY OF THE SECOND PART and its agents reasonable access to the-premises for the 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. TH~ following covenants shall run with the land in p~-~etuity and shall b~ deen%ud a~lic~bie, 0nly if federal ~unds are in fact received by the PARTY OF THE SECOND PART for the premises: · he following language is inserted 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 its principal place of business at 1 Winners Circle, Albany, N.Y. and PARTY OF T~E SECOND PART, as Contractor, acting through its duly constituted DEPARTMENT OF PLANNING, located at 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788; and is applicable only for that portion of funds received pursuant to Appendix ~E" and Appendix ~F" thereof, pursuant to a Cooperative Agreement between the United States of America Co~nodity Credit Corporation and the N.Y.S. Department of A~riculture ~nd Markets for 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 (o~ other intergsts in land), as determined ~n 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 rightsl 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 (ii) 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 United States Department of Agriculture, its successors and assigns. Unless otherwise agreed to by the P~RTY OF THE SECOND PART, United States of America Co~odity Credit CorlDoration a~d the N.Y.S. Department of ~griculture and Msrke~s shall hold title to any conservation easement or interest in land. However, title may b~ held by the UNITED STATES at the. rec/uest of the Secretary of Agriculture upon mutual agreement of the' ~ARTY OF THE SECOND PA~T, United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets. PARTY OF THE FIRST PART covenants to manage the pro~perty in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office tec]hnical guide and is approved by the Conservation District T~ 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 T~E SECOND PART for the premises: The followin!~ language is inserted pursuant to the Agreement (N.Y.S. Contract No. C800001, C/A Ref. No. MNSRV #99- PL-003),-'dated '.~ .- , betQeen New York State Department of Agriculture and Markest, haging 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, Hsuppauge, 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 I Winners Circle, Albany, N.Y. and PARTY OF THE SECOND PART, acting through its duly constituted DEPARTMENT OF PLAI~NING, located at 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge', New York 11788: (i) All amendments to this Agreement/Easement, after the D~JELOPMENT RIGHTS have been acquired by the PARTY OF THE SECOND PART shall be authorized by the N.Y.S. Department of Agriculture and Mar]¢ets. T~E PARTY OF T~E FIRST PART, its heirs, assigns and/or party o~ parties in lawful possession of the premiums subject to this deed of d~velo~ment rights, pursuan~ 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, a~ents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, ii. abilities 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 T~E FIRST PART, either prior to or subse,~ent to the closing of title herein; or any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-c~m~liance with any envlrorunental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or ex/~osure 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 rig]hts. This covenant shall run with the land in perpetuity. T~IS ~ is a correction deed correcting a certain deed Of development ri~---~%~d-ouly 2~, 2001 and recorded in the Office of the Suffolk County Clerk on August 22, 2001 in the Book of Deeds at Liber 12137, ~age 271. This correction deed is being issued to replace an incorrect description of the conveyance which was erroneously annexed to the aforementioned deed. See attaclhed Schedule 'A" description for corrected description. T~E WO~D "PA~TY" shall be construed es if it read "parties" whenever the sense of this indenture so requires. IN WIT~SB ~EOF, the PARTY 0F THE FIRST P~T has duly executed this deed the day and year firs.t,above written. ~ION S~CROCE BTA~ OF ~ COUNTY OF~"F~-~K ) ) On this ~.~:~4 day of ~/~ in =he year 20o~, before me, the under~d, personally a~peared ~ ~,cM) ,,~,~. ~F~ ~_ ~,~ , ~erso~lly ~ to ~ or proved to ~ on the basis o~ satisfactory evidence to be the individuals whose names are subscribed to the within instruct ~d ac~owled~ed to me t~ th~ executed the s~ in their caDaclty, ~d ~t their signatures on the instruct, the individuals, or person upon ~half of. which the individuals acted, execut~ the ins ~ment. N~. 501BI~, SuHo~ Coudy Tram F.x~res Sep. 2G, -~ o~-' LES~'E J. BAUER =: State of New York DOWN8TATE TITLE AGENCY, INC. ~ mutho~sod egent for LAWYER8° TITLE INSURANCE CORPORATION TITLE NO. DT00-1088 8CHEDULE A - CONTINUED AMENDED LEQAL DESCRIPTION ~._is a correction deed intended to convey the premise8 with the following desm'iPtl°n:~vhich description was inadvertently omitted from the original oonvayance in Uber 12137 cp. 271 and in which an incorrect des~ptlon was substituted In its place. ALL that certain plot, piece or parcel of land, siltmte, ly~g md being,,it~t~ ,t i~t M.rio~, in ~ T~ of ~o1~ ~ of Suffolk ~d S~ o~ N~ Yo~ bo~ ~ ~. foll~: BEGINNING at a point 271.98 f~et southwesterly from the corner formed by the in~'seclion of ~he southwesterly side of Gillette Drive and the southeasterly side of Main road (Sate Route 24); RUNNING THENCE So, th 40 degrees 18 minutes 59 seconds East along land now or formerly Jom=ph A. Che~owich and Susan (3. Chat~powinh 262.47 f~-t; THENCE North $S de~r~es 14 minutes 29 seconds East along land now or form~y Joseph A. Chercpowich ~ud Susn G. Cherepowich 161.10 fa; THENCE South 38 dngrces 23 m~,_,+__~_ 56 seconds East 2,123.78 feet; THENCE South 54 degrees 53 minutes $$ seco~ls West along land now or formerly of Aqumeood Properties Limited PfLrtner~ip 1 I8.04 THENCE North 38 d~,s 26 minu~s 08 s~conds W est along land now or formerly of George H. Grego~, Jr. and Mary C. Gregory, 134.85 feet; THENCE North 38 degroes 26 minutes 08 socends West 50 feet; THENCE South 51 degrees 33 minutes 52 seconds Wast 502.30 f~'t; THENCE South 60 degrees 35 minutes 52 secende West 66.06 THENCE North 37 degrees 04 minutes 17 s~ds West 1,189.08 feet; THENCE Nord~ 52 degrees 43 minnies 10 seoonds East 233.25 foet; THENCE North 37 degrees 45 minutes 19 ssoonds East 973.86 feet to the southerly side of' Main Road (State Rout~ 25); THENCE along tl~ southerly side of Main Road (State Route 25) North 44 degrcos 36 mi~u~ 31 ~ East 54.10 foet; THENCE along tho southerly side of Main Road (State Route 25) North 42 degrees 37 minutes · 45 ~eoonds East 192.91 feet to thepoint or plsoe of BEGINNFNG. Number of pages TORRENS '7 Serial # Certificate Prior Cfi. # Deed / Mortgage Instrument 3 Page / F'iling Fee O / Handling 5. 00 TP-584 EA-52 17 (Count)') EA-5217 i Slate) R.P.T.S.A. Comm. of F~L 5. B0 Affidavit t~ ~C_erti fled Copy. t., NYS Surcharge Other Real Pntperty Tax Service Agency Verification Sub 'Ibtal Deed / Mortgage 'Fax Stamp Sub 'total RECORDED 2004 Sul 20 I0;37:16 RH £d~ard P. Roaaine CLERX OF SUFFOLK COLNT¥ L P 747 I>Te Recording Filing Stamps / Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spcc./Assil. or Rpe¢./Add. TOT. MTG. TAX Dual Town __ Dual Cnunly __ Held for Appointment Transfer Tax Mansion Tax Thc property covenecl by Ibis rmttlgage is or will be improved by a one or two family dwelling only. 04030166 zooo o3eoo oaoa ooxo~3 ~ YES or NO Grand Total ' ir NO..~c appropriate tax clau.~ on '/ / ~/"'~ ~. I page g _ of this ~instmmem'~"O --0 ~ Conaideration Amount $ CPF Tax Due S gatisfac,ions/E)ischarge.'qReleases Lis! ht,peny Owns-rs Mailing Addres~ RECORD & RETURN TO: Improved Vacant Land TD TD TD ' lnfo,',t, iation Title ame Title # Suffolk County Recording & Endorsement Page This pa§c fomls part of thc atmc'hed ~ '/'lfn~ C._"~I C)f~ ~ made by: (SPECIF~ TYPE OF INS~UMENT) ~o~n ~. ~h~repo~u,~h ~premi~she~inissimuledin ~ ~R ~- C~e ~UYtC~ SUFFOLK COUNTY. NEW YORK. ' TO In 1~ Township of ~ O I ~ In I~ VILLAGE BOXES 6 THRU 8 MUST BE TYPED OR PRINTF, D IN BLACK INK ONLY PRIOR TO Ri:CORDINO OR FILING. (over) I SUFFOLK COUNTY CLERK RECOP. DS OFFICE RECORDING PAGE Type of Instrument: CORRECTION/DEED/DCO Number si Pages: 7 Receipt Number : 04-0079999 TRANSFER TAX NUMBER: 03-52493 District: 1000 Deed AmoUnt: Recorded: At: 07/20/2004 10:37:16 AM LIBER: D00012331 PAGE: 747 Section: Block: Lot: 038.00 01.00 001.013 E~AMINED AND CHARGED AS FOLLOWS $o.oo Fees For Above Instrument Received the Following Exempt Page/Filing $0.00 YES Handling COE $0.00 YES NYS SRCHG EA-~-~-~ $0.00 YES EA-STATE TP-$84 $0.00 YES Notation Cert. Copies $0.00 YES RPT SCTM $0.00 YRS Transfer tax Co~.Pres $0.00 YES TRANSFER TAX NUMBER: Fees Paid 03-52493, THIS PAGE. IS A PART OF THE INSTRI~ENT THIS IS NOT A BILL Edward P.Ro~aine County Clerk, Suffolk County Exempt $0.00 YES $0.00 YES $0.00 YES $0.00 YES $0.00 YES $0.00 YES $0.00 PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://wwvv.orps.state,ny.us or PHONE (518) 473-7222 FO~ COUN FY USE ONLY c,. sw,s oo.., I ?, :".~ :~, m", ~,.? I ~'~.^, c3. Book I ~';O ,_?, '? ~ / C.. P... I , , '~, ~4, "~ REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK STA~'E BOARD OF REAL PROPERTY SERVICES RP - 5217 PROPERTY INFORMATION ~ T.X Indic.re where ¢~ture Ta~ Bills ate to be se.~ a~ ~illi.. ' other than buyer add~ess (et bottom of form) I C h~· ~ ,~,~ I Roll parcels transferred on ~e deed ~ ~ ~ of Patois OR Pan of · Parcel ~ Plann~n~ Board wi~h ~ubd,vls~on A~thority Exists I Jos~'p~ I 5. Deed Property [ t x I Name J Industrial I SALE INFORMATION 1 I. Sale Contract U,ate 16. Year of Assessment Roll from I U'~, ~Jl ~? Total Assessed Value (of all parcels in transfer) I which information taken m~,op-,wc,... 1.2-,i ,C)l-J ~ lS. Sc.ooIDist.lctmme L ~b~4~L~' J CERTIFICATION J BUYER BUYER'S A~rORNEY NEW YORK STATE COPY