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HomeMy WebLinkAboutL 12414 P 340AMENDMENT OF CONSERVATION EASEMENT THIS AMENDMENT 'fO A DEED OF CONSERVATION EASEMENT is made on the tjX'day of October, 2005 at Southampton, New York. The parties are VALLO BI~N.I'AMIN, M.D. residing at 29315 Main Road, Orient, New York (herein called "Grantor") and the PECONIC LAND TPdUST, INCORPORATED, a not-for-profit New York Corporation, having a principal offioe at 296 Hampton Road, PO Box 1776, Southampton, NY 11969, (herein called "Orantee"). INTRODI ICTION WHEREAS, Grantor is o amer in fee simple of a Certain 23 aero parcel of real property located in Orient in the Town of Southold, Suffolk County, State of New York, hereinafter more fully described in Schedule A attached hereto and further identified as Suffolk County Tax Map Parcel Number #1000-13-2-8.2 aud referred to as the "Property"; and WI-I~REAS, C~antor granted a Conservation Basement on the Property dated December 23, 200zl and recorded on December 23, 2004 in Liber D00012362 Page 078 hereinafter referred to as the "2004 Easement" and certain aspects were in error and need to be corrected; and WHF. RBAS, the 2004 Easement described a 6-acre Open Area which was encumbered by paved roads and this Amendment describes a different 6-acre Open Area that is of greater eouservation value because it is not encumbered by roads; and WHEREAS, this Amcndaneat moro accurately reflects the intent of the Grantor. NOW THEREFORE; 0.01 tor'.q Warm Grantor warrants and represents to th Grantee that Grantor ~s the owner of the Property described in SCItF_DLrLE A, flee of any mortgages or liens and possesses the right to grant this Amendment o f Easemem. 0_02 mit 's St Orantee warrant~ and represants to Grantor that Orantee is a 501(e)(3) qualified not-for- profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, as amended and the regulations thereunder (hereinalter called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving tho unique environmen'~, agrieultm-al, scenic and open space values of lands located in New York State. 60/'[0 BDO'ct DNI±SFI~I/CNVqDINODZI,-q '[ILO~OgI[~.9 /-g :Er 0.03 p~rpose The parties recognize the open space and agricultmal values oft_he six-acre Open Area and have the common propose of preserving these values. This Deed is intended to amend the 2004 Easement on the Property hy Grantor to Grantee. 0.04 Govemmant Recoa~,ifion New York State has recognized the importance of private efforts to preserve land in a scenic, natural, and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. ,0.05 Cn'antee's Warran~ Orant~ warrants and represents that it possesses the intent and ability to enforce the terms of this Amendment of the Easement on the Property, and that tho Property satisfies the criteria adopted by Orantee relating to the quality and characteristics of open land that should be prote~t~t and maintained as open land, as determined by the Board of Directors at a duly constituted meeting of that Board. on September 19, 2005. ,0.06 Documeatatioa Grantee acknowledges by acceptance of this amendment to thc 2004 Easement that present uses of the Property are o~mpatible with the purposes of this Amendment and have not changed since the 2004 Easement was recorded. The documentation of the 2004 Easement therefore applies to this Amendalent. ARTICLE ONE TI~I]~ EASEMENT AMENDMENT 1.01 Type This Deed conveys an Amendment to tho 2004 Easement. Tho 2004 :Easement is hereby amended so that its terms and conditions apply only to the six-acre parcel (the Open A~ea) as described in Schedule B of this Amendment and no other areas of the Grantor's property. All thc teaans of the 2004 Easement rcla~ag to the 6-acre Open Area, shall remaha in full force and effect. Reference to the 2004 Easement and its provisions in th/s Amendment shall include any and aH of those covenants, restrictions, fights, terms and conditions and are incorporated herein. 1.02 Duration This Ameadment to the 21)04 Easement shall be a burden upou and mn with the Property in perpetuity. BM/gM 3DVd DNIISOHICNVqOINUDBd IILOPOglE9 Lg:gI §00g/~I/OI The coveaants, terms, conditiom, restfiofions and purposes of this Amendment to the 2004 Easement shall run v~th th~ Prope~y as ax~ incorporeal interest in the property, and shall bind the suo~ossors and assigns of each of the p~ties respectively. This Amendment shall extend to and be binding npon G~anlor, Grantor!s agents, tenants, heirs, persorml representatives, successors and assigns. Any rights, obligntions~ and interest herei~ ~'anted to Grantee shall also be deemed granted to each of its agents, successors, and assigns and each such following successor and assign, and the word Grantee when used herein shall include all of those persons or ontifies. ARTICLE TWO The warranties and representations made by the parties in this Amendment to the Deed of Conservation Easement shall survive its execution. Grantee shall record this Amendment toithe Deed of Conservation E~ement in the land records of the office of the Clerk of the County !o£ Suffolk, State of New York. 2.03 Headinas The headings, titles, and subtitles herei~l have been inserted solely for convenient refemnoe, and shall bc ignored in its constr.ctiqn. IN WITNESS WHF_,REOF, Grantor has executed and delivered and Grantee has accepted and received this Amendment to Deed of Consesvaflon lgascment on thc day and year set forth above. 50/EO 399d DNIIS~a£CNgqDINODSd II£ONOEIE9 la:gI gO0a/PI/OI PECONICLANDTRUSTINC £ PAGE 84189 ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED BY: _.-~ ,,,a. ~ )ofln v.H. HalseYO~resident' STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: on ~s ~q d. ay ?~ me y~r 2005 before me, ~//~ ~ ta, p~nflly ~o~ to me or p~ved to me on ~d~ to be ~ ~di~d~l(s) whose n~a) is (~) aubs~bcd to the wit~ ~t ~d ~owl~ m me ~t h~sh~th~ ~t~ ~e s~e in hi~l~/~ ~i~ies), ~d ~at by high, heir si~) on ~ ~t, ~ ~ifidu~(s), or ~e person ~on ~h~ofwhich ~e M~d~(s) aot~, ~x~cd ~e M~ent. P{~biie STATE OF NEW YORK COUNTY OF SUFFOLK SS: I, EDWARD ~, ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COP DEED LIBER ./~a?.~.z/' ,,. AT PAGE ~9 ,,, RECORD ' Y OF AND THAT IT SA JUST AND TRUE COPY OF SUCH ORIGINALE'~~ THEREOF. OF THE WHOLE IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE COUNTYAND COURTTHIS /~,/,4, DAYOF CLERK EXHIBIT A Hill Crest Bstatas, Seetiun 2 at Orient, Town of Southold, Suffolk County, New York Surveyor's Description Hill Crest Estates, Section 2 SCIWI No.: 1000~13-2-8,2 ALL that certain t lot, piece or parcel of land, ~ath the buildings and improvements thereon erected, situate, lying & being at Orient, Town of Southold, County of Suffolk and 8rata of New York ,bounded and described as follows: BEGINNING at a point on the westerly side of Heath Drive at iD northerly terminus, said point beir.g situate the following V, vo (2) courses and distances as measured along the wesl:erly side of Heath Drive from the westerly terminus of the ~c of a curve connecting the westerly side of Heath Drive and the northerly side of Hill Crest Drive: 1. On the arc: of a curve to the left having a radius of 25.47 feet for a distance of 39.53 fo,.~£, 2. North 10 deg. 21 min. 10 sec. West 76,03 feet, RUNNING thence: from said point of begiaming along Lots 30, 29, 28, 27, 26 & 25, along the easterly termines of Sound View Drive, along Lota.~4, 23 and 20, Subdivision, "Hilt Crest Estates, Secticn 1" Suffolk County File No 7218 the following eleven (11) courses and distances 1. North 10 deg, 21 min. 10 sec. West 85,00 feet, 2, SOuth 78 dec, 34 min. 40 sec. W,est 218.47 feet, 3. North 11 deg. 25 rain. 20 sec. West 89.00 feet, 4. South 78 deg. 34 min. 40 sec. West 300.00 feet, 5. South 11 deg. 25 min. 20 sec. East 40.00 feet, 6. South 78 dec, 34 min. 40 sec. West 64.36 feet, 7. North 36 dec. 59 min. I0 sec. West 198.46 feet, 8. North 14 deg. 02 min. 30 sec. West 136.11 feet, 9. South 78 deg. 34 nfln. 40 sec. West 43.53 feet, 10. North 34 deg. 42 min. 50 sec. West 327.28 feet, 11. North 74 deg. 28 min. 10 sec. East 149.02 feet to land now or formerly Jane Selvar; RUNNING thence along land now or formerly Jane Selvar the following five (5) courses and distances: 1. South 23 dell. 02 min. S0 sec. East 93.00 feet, 2. North 72 deg. 57 min. 20 sec. East 340.00 feet, 3. North 23 deg. 28 min. 50 sec. West 54.00 feet, 4. North 15 de~. 36 min. O0 sec. West 332.48 feet, 5. North 17 deg'. 40 min. 21 sec. West 380.92 feet to the high water mark of the Long Islmld Sound; RUNNING thence aiong the high water mark of the Long Island Sound the following seven (7) tie-line courses and distances: 1, North 81 del;. 45 mln. 14 sec. Fast 15.29 feet, 2. South 76 deg. $1 min. 06 sec. East 79,36 feet, 3. South 83 deg. 13 min. 57 sec. E~t 102.03 feet, 4. North 75 deg. 51 min. 58 sec. East 90.76 feet, 5. North 68 deg. 13 min. 55 sec. East 125,49 feet, 6, North 74 deg. 59 Illin, 56 sec. East 82.19 feet, 7. South 82 deg. 21 min. 41 sec. East 47.9.5 feet to land now or formerly Vallo Benjam~a~ & Julie A. Benjamin; Page 2 RUNNING thence along land now ~r formerly Vallo Benjamin & Jalie A, Benjamin the following two (2) courses and distances: 1. South 1S deg. 46 min. 30 sep East 667.44 feet to a monument found, 2. North 72 (leg. 57 rain, 20 se~. East 175.00 feet to a monument found and land now or formerly Julis Erllch & Denis Maksymowlcz; RUNNING thence South 08 deg. 0,~ min. 52 sec. East along land now or formerly Julis Eriich & Denis Maksymowiez 50.09 feet to a monument found, the westerly side of a 25 foot right of way and land now or formerly Frank B. Zlmraer; RUNNING thence South 10 deg. 21imln. 10 sec. East along the westerly side of a 25 foot fight of way and land now or formbrly Frank B. Zimmer 723.83 feet to Lot 32, Subdivision, "Hill Crest I':states, Seer. ion RUNNING the. lice South 79 deg. 38;min. 50 sec. West along Lot 32 and along the northerly terminus of H~:ath Drive, Subdivision, "Hill Crest Estates, Section 1" 317.00 feet to the westerly side of Heath Drive at the northerly terminus of l'Ieath Drive and the point or piace of Beginning, CONTAINING an ;rea of 23.0737 Aa'es, EXHIBIT Hill Crest Estates, Section 2 at Orient, Town of Southold, Suffolk County, New York Surveyors Description Parcel B 8r Parcel C Conservation Easements, Hill Crest Estates, Section 2 SCTM No.: I000-13.2-8.2 ALL those certai£: piers, pieces or parcels of land, with the buildings and improvements thereon erected, situate, lying & being at Orient; Town of Southold, County of Suffolk ~nd ,'irate of New York, bounded and described as follows: Parcel B BEGINNING at s point at the n0rtheastetly corner of Lot 30, Subdivision, "Hill Crest Estates, Section 1" Suffolk County File No. 7218, said point being situate the following two (2) courses and distances as measm'ed along the westerly side of Heath Drive from the westerly terminus of the are of a curve eormecting the westerly side of Heath Drive and the no~:heriy side of Hill Crest Drive: I. On the ar(: of a curve to the left having a radius of 25.47 feet for a distance of 39.53 feet, 2. North I0 d,-~g. 21 min. I0 sec, West 161.03 RUNNING thence from said point of beginning South 78 deg. 34 n~n. 40 sec. West along Lot 30, Subdivision, "Hill Crest Estates, Section 1" 218.47 feet tO Lot 29, Subdivision, "Hill Crest Estates, Section 1"; RUNNING thence ,fiong Lot 29 & Lot 28 Subdivision, "Hill Crest Estates, Section the following two (2) comes and distances: 1, North 11 deg, 25 rain. 20 sec, West 89.00 feet. 2. ;;,,.ti, 78 deg. 34 min. 40 sec. West 218.00 feet to a point; RUNNING thence through land of the party of the first part the following four (4) 1. North 11 deg. 25 rain. 20 sec. West 275.00 feet, 2. Nomh 78 deg. 34 min. 40 sec. East 417,80 feet, 3, On the arc of a curve to the right having a radius of 25.00 feet for a distance of 39.74 feet, 4. South 10 deg. 21 min. 10 sec. East 338.59 feet to the point: or place of Begiuning. CONTAINING an area of 3.2295 Acres. Parcel C BEGINNING at a point on the easterly side of Heath Drive at its northerly terminus, where said easterly side of Heath Drive is intersected by the northwesterly comer of Lot 32, Subdivision, "Hill Crest Estates, Section 1"; RUNNING thence from said point of begianiag through land of the party of the first part the following three (3) courses and distances: 1. North 10 deg 21 min. 10 sec. West 425.00 feet, 2. On the arc of a CUrve re the right having a radius of 25.00 feet for a distance of 38.80 feet, 3. North 78 deg. 34 min. 40 sec. East 242.05 feet to the westerly side of a 25 foot right of way and land now or formerly Frank B. Zimmer; Page 2 RUNNING thence South 10 deg. 21 mia. I0 sec. East along the westerly side of a 25 foot right of way and land now or formerly Frank B. Zimmer 454.98 t~eet to Lot 32, Subdlvksioa, "Hill Crest Estates, Section 1"; RUNNING thence South 79 deg. 38 min. 50 sec. West along Lot 32, Subdivision, "Hill Crest Estates, ,';,~cflon 1" 267.00 feet to the westerly side of Heath Drive at the northerly terminus o:~ Heath Drive and the point or place of Beginning. CONTAINING an area of 2.7705 Acres. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE JAN 1 6 2008 BOARD OF ASSESSORS TOWN OF SOUIHgLD Tlrpe of Instrument: EASEME~/DOP Number of Pages: 9 Receipt Number : 05-0107634 TP, ANSFER TAX ~U~BER: 05-10704 District: 1000 Deed Amount: Recorded: At: ~IBER: PAGE: Section: Block: 013.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 i0/13/2005 02:06:01 PM D00012414 340 Lot: 008.002 Received the Following Fees For Above Instrument Exmnpt Page/Filing $27.00 NO Handling COE $5.00 NO ~F~S SRCHG TP-584 $5.00 NO Notation Cert. Copies $5.85 NO RPT SCTM $0.00 NO Transfer bax Comm.pres $0.00 NO Fees Paid TRANSFER TAX ND1~BBR: 05-10704: THIS PA~E IS A PA/{T OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $15.0o $0.00 $30.00 $0.00 $92.85 Ex~mpt NO NO NO NO NO Edward P.Romaine County Clerk, Suffolk County g0/~0 39~d ONIIS~ICiN~qDINODBd IIZ0~05IE9 §~:~I §005/~I/0I ~Numb~r of pa~e~ TORRBNS Serial # Cortificate # Prior Ctf. # Deed / Mqrtgage lnstmmeat Pag~ / Filing Fee l~ndllng TP-584 ~otation ~-52 J7 (~tD EA-5217 ~P,T,8.~ A~Ovit Reg, ~opy $ OQ Real Property Tax Sexvlce Agency VeHfleatio~ .D 200~ Oct 1~ 02:06:01 PM SUFFOLK ~UNTV L D~012414 DT~ 05 10?04 R~conliag / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additions] Tax Sub Total SpecJAssit. Spec./Add. TOT. MTG. TAX , Dual Town · Dual County.__ Held for Appo~ionment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two fatuity dwelling only. YES__ or NO If NO, see appropriate tax clause oo page # of~hW in~ruwent, Community Preservation Fund Consideration Amount $ CPP Tax Due $ Satisfaotions/Dischaxges/Releases Liat Pmpe~y RgCORD & RgTUILN TO: TD TD TD This page forrm gatt of the attad~l v'a I10 ~!,aA TO Title Company htformation Co. Name Title # & Endorsement made by: (SPE(21FY TYPE OF INSTR~ ) lhe premises herein is situated ~a $LrFFOLK COUNTY, NEW YORK. In the Tow~hip of ~Ou~ Id !a the VLLLAGE or HAMLET of OVI~n4 BOXES 5 'ffHRU 9 MUST BE TYPED OR ?RIIqTED IN BL~CK INK ONLY PRIOR TO RECORDING OR FILING. (OVER)