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Home My WebLink AboutL 12359 P 554GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the t~ day of /~r~,, 2004 at Southo d, New York. The parties are THE ESTATE OF ALTCE (;RATTAN DUFF¥, c/o Eugene O. Duffy, 2160 Hichelle Drive, Brookfield, WI (herein called "Grantor"), and the TOWN OF $OUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box :1179, Southold, New York (herein called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, more fully described in Schedule A attached hereto and made a part hereof and shown on a survey dated July 16, 2003 and last revised August 4, 2004, prepared by Stanley ]. Isaksen, Jr., and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the AC Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town Code of the Town of Southold, Section 100-30. The Property is designated as part of Suffolk County Tax Map Parcel Number :1000-63-2-6; and WHEREAS, the Property contains soils classified as Class f and Class I! worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #'t, and the Grantor wishes to continue using the Property in an agricultural capacity and as scenic open space as defined in the Town Code of the Town of Southold; and WHEREAS, the Property is currently in agricultural use as row crops; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic, agricultural and open condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of One Hundred Ninety-Six Thousand Seventy-Five Dollars ($196,075.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New Yew.k General Municipal Law to acquire fee title or lesser interests in land, including Gevelopment rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0,03 Purpose The parties recognize the environmental, natural, scenic or agricultural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recoqnition 2 Stewart Title Insurance Company i'itle No: 23-S-3871 Schedule A Descripiion '~LL that certain plot, piece or parcel of land with the buildings and improvements thereon zrected, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of ',~ew York known as and by part of Lot 006.000 in District 1000 Section 063.00 Block 0200 on Lhe Suffolk County Land and Tax Map, and being bounded and described as follows: [3eginning at the corner formed by the intersection of the northeasterly side of Railroad Avenue (f/k/a ¥oungs Avenue) and the northwesterly side of Hummel Avenue distant 365.25 feet on a fie Line; '['hence North 72 degrees 49 ~rfinutes 10 seconds East, 269.50 feet to the true point of beginning; t~.unning Thence North 13 degrees 13 minutes 20 seconds West, lz~8.66 feet; Thence South 73 degrees 37 tmnutes 40 seconds West, 70.09 feet; '['hence North 13 degrees 29 imnutes 00 seconds West, 160.03 feet; l'hence North 73 degrees 37 minutes 40 seconds East, 472.92 feet; Thence South 07 degrees 17 minutes Thence North 78 degrees 24 minutes Thence South 02 degrees 30 minutes 30 seconds East, 215.30 feet; 00 seconds East, 680.60 feet; 40 seconds West, 151.50 feet; Thence South 70 degrees 45 ~mnutes 10 seconds West, 1023.88 feet; Thence North 15 degrees 07 minutes 20 seconds West, 10.89 feet; Thence North 13 degrees 13 m~nutes 20 seconds West, 145.00 feet to the point or place of Beginning. I IIIIIII !111 fill !1111 IIIII IIIII IIIII III!1 IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 14 Receipt Number : 04-0134693 TRANSFER TAX NUMBER: 04-19398 District: 1000 Deed Amount: Received the Following Fees For Above Exempt Recorded: At: LIBER: PAGE: Section: Block: 063.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Instrument Page/Filing $42.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Comm. Pres $0.00 NO Fees Paid TRANSFER TAX NUMBER: 04-19398 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine ~ County Clerk, Suffolk County 12/09/2004 12:11:48 PM D00012359 554 Lot: 006.002 Exempt $5.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $102.00 FEB 1 8 2005 DEPT. OF LAND PRESERVAT)ON Num .'r of pages TORRENS Seria i~ Certi zate # Prio~ 'ff. # Deed / Mortgage Instrument 31" Page Filing Fee Ham ag 5. O0 TP-5 ~ ( Nora ~n EA-: 17 (County) EA-5 17 (State) R.P:~ ;.A. ~ Corn . of Ed. 5. 00 Affi~ .:it Cert cd Copy NY5 ;archarge 15. 00 Othc 4 'ist. 5ectton RECORDED 2004 Dec 09 12:ii:48 PM E&:@rd P.Romaine CLERK OF SUFFOLK COLINT'I L D00012359 P 554 DT~ 04-19398 Deed / Mortgage Tax Stamp FEES SubTotal Real roperr Tax: :rvice A~ ,~cy ~ Verii ation lO00 06300 0200 006002 atisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RE2 URN TO: loc~ Ilqbc Recording / Filing Stamps 5 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # .__.~__,of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD 7 I Title Company Information Suffolk Count3 Recordin & Endorsemen This page forms part of the attached ~'t~_~ 7~ r_~~de~-- ~ I ~' ~ ~~ ~'~. The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of In the VILLAGE or HAMLET of B XES 6 THRU 8 MUST BE TYPED O1{ PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (nver)