HomeMy WebLinkAboutL 12554 P 763GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on
the 0/-r~ day of June, 2008 at Southold, New York. The Qa~Jes.
PECONIC LAND TRUST INCORPORATED, P.O. Box 1776,/~t~a~p~n,~
New York 11969 (herein called "Grantor"), and the TOWN OF
SOUTHOLD, a municipal corporation, having its principal office at
53095 Main Road, P.O. Box 1179, Southold, New York 11971(herein
call "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real
property located in the Town of Southold, Suffolk County, New York,
identified as part of SCTM #1000-63-1-25 more fully described as the
"Development Rights Easement Area" in Schedule "A-l" attached
hereto and made a part hereof and hereinafter referred to as the
"Property"and shown on the survey prepared by Peconic Surveyors
P.C., dated March 20, 2008 and last revised .lune 6, 2008 (the
"Survey"),; and
WHEREAS, the Property is located in the R-80 Zoning District of
the Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and
Class II 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 #1, and the Grantor wishes to use the Property for
agricultural production as defined in this Easement; and
WHEREAS, the Property is currently used for or suitable for
agricultural production; 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 New York State Town Law ("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 and agricultural
condition has substantial and significant value as an aesthetic and
agricultural resource since it has not been subject to any 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 MILLION SIX-
HUNDRED EIGHTY-THREE THOUSAND FOUR-HUNDRED FORTY
DOLLARS ($1,683,440.00) 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 ,h, erein, more particularly bounded and described on
Schedule "A.~annexed hereto and made a part of this instrument.
TO HAVEAND 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 of 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:
0.0! Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is
the owner of the Property described in Schedule A-lfree 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 and is authorized under Section 64 of Town Law and
Section 247 of the New York State General Municipal Law ("General
Municipal Law") to acquire fee title or lesser interests in land, including
development rights, easements, covenants, and other contractual
rights which may be necessary or desirable for the preservation and
retention of agricultural lands, open spaces and natural or scenic
resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values. This instrument 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.
2
Fidelity National Title Insurance Company of New York
TITLE NO. 08-7404-71368-SUFF
SCHEDULE A-1 (Description)
DEVELOPMENT RIGHTS EASEMENT AREA
S.C.T.M. 1000-63-01-PART OF 25
ALL that certain plot, piece or pamel of land, with the buildings and improvements thereon, situate, lying and being at
Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows:
BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands
now or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263.48 feet as measured in a
southerly direction along the easterly line of Horton's Lane from the terminus of a curve which connects the easterly line
of Horton's Lane with the southerly line of North Road (C.R. 48);
RUNNING THENCE from said point or place of beginning in an easterly direction along lands now or formerly RMB
Realty LLC and lands now or formerly of North Fork Professional Realty North 67 degrees 06 minutes 40 seconds East, a
distance of 526.89 feet to a point;
THENCE North 69 degrees 55 minutes 20 seconds East along lands now or formerly of Fabian & Associates and lands
now or formerly of Southold Stone Inc. a distance of 98.99 feet to a point;
THENCE North 67 degrees 06 minutes 40 seconds East still along lands now or formerly of Southold Stone Inc. and lands
of others a distance of 410.00 feet to a monument;
THENCE North 72 degrees 04 minutes 10 seconds East along lands now or formerly of Anne Hubbard a distance of
523.07 feet to a point;
THENCE through lands conveyed to Peconic Land Trust South 8 degrees 35 minutes 30 seconds East a distance of 78.20
feet to a point;
THENCE North 72 degrees 04 minutes 10 seconds East, a distance of 155.07 feet to a point and the westerly line of
Railroad Avenue (Young's Avenue);
THENCE South 8 degrees 35 minutes 30 seconds East a distance of 176.80 feet to a rebar and lands now or formerly of
Fisher and Krupski;
THENCE along lands now or formerly of Fisher and Krupski South 80 degrees 11 minutes 20 seconds West a distance of
150.00 feet to a rebar;
THENCE South 8 degrees 35 minutes 30 seconds East, a distance of 120.00 feet to a monument;
THENCE South 80 degrees 11 minutes 20 seconds West a distance of 184.24 feet to a point;
THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to a point and the northerly line of
"Founders Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk's Office Condominium Map
115;
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULE A-I (Description)
Fidelity National Title Insurance Company of New York
TITLE NO. 08-7404-71368-SUFF
SCHEDULE A-1 {Description) (Continued.)
THENCE along "Founders Village Condominium, Section 1" South 76 degrees 22 minutes 20 seconds West a distance of
260.12 feet to a stake;
THENCE South 70 degrees 05 minutes 00 seconds West along "Founders Village Condominium, Section 1" and others a
distance of 1110.79 feet to a rebar set on the easterly line of Horton's Lane;
THENCE North 10 degrees 33 minutes 00 seconds West a distance of 584.13 feet to the point or place of BEGINNING.
AGRICULTURAL STRUCTURE AREA 1
1000-63-01-PART OF 25
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at
Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows:
BEGINNING at a point on the northerly line of "Founders Village Condominium, Section 1" filed in the Office of the
Suffolk County Clerk under Condominium Map No. 115, said point and place of beginning being South 76 degrees 22
minutes 20 seconds West a distance of 306.98 feet as measured in a westerly direction from the intersection formed by the
northerly line of "Founders Village Condominium, Section 1" with the westerly line of Railroad Avenue (Young's
Avenue);
RUNNING THENCE from said point and place of beginning in a westerly direction along "Founders Village
Condominium, Section 1" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake;
THENCE South 70 degrees 05 minutes 00 seconds West a distance of 244.45 feet to a point;
THENCE North 13 degrees 37 minutes 40 seconds West through lands now or formerly of Peconic Land Trust,
incorporated a distance of 383.42 feet to a point;
THENCE North 80 degrees 11 minutes 20 seconds East a distance of 504.22 feet to a point;
THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to the point or place of BEGINNING.
AGRICULTURAL STRUCTURE AREA 2
1000-63-01-PART OF 25
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at
Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows:
BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands
now or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263.48 feet as measured in a
southerly direction from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEYANC1NG ONLY: Together with all the right, title and interest of the part of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULE A-I (Description)
Fidelity National Title Insurance Company of New York
TITLE NO. 08-7404-71368-SUFF
SCHEDULE A-1 (Description)
(Continued)
of North Road (C.R. 48);
RUNNING THENCE from said point and place of beginning in an easterly direction along lands now or formerly of
RMB Realty North 67 degrees 06 minutes 40 seconds East a distance of 204.73 feet to a point;
THENCE South 10 degrees 33 minutes 00 seconds East a distance of 200.00 feet to a point;
THENCE South 67 degrees 06 minutes 40 seconds West a distance of 204.73 feet to a point and the easterly line of
Horton's Lane;
THENCE North 10 degrees 33 minutes 00 seconds West a distance of 200.00 feet to a rebar and the point or place of
BEGINNING.
RESIDENTIAL RESERVED AREA
1000-63-01-PART OF 25
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at
Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows:
BEGINNING at a point on the westerly line of Railroad Avenue (Young's Avenue) at a monument set at the intersection
formed by the westerly line of "Founder's Village Condominium, Section 1" filed in the Office of the Suffolk County
Clerk under Condominium Map No. 115;
RUNNING THENCE in a westerly direction South 76 degrees 22 minutes 20 seconds West along "Founder's Village
Condominium, Section 1" a distance of 306.98 feet to a point;
THENCE North 13 degrees 37 minutes 40 seconds West a distance of 323.08 feet to a point;
THENCE North 80 degrees 11 minutes 20 seconds East a distance of 184.24 feet to a monument and lands now or
formerly of Talarico;
THENCE North 80 degrees 11 minutes 20 seconds East along lands now or formerly of Talarico a distance of 150.00 feet
to a monument set on the westerly line of Railroad Avenue (Young's Avenue);
THENCE South 8 degrees 35 minutes 30 seconds East a distance of 302.00 feet to the point or place of BEGINNING.
FOR INFORMATION ONLY:
ALL that certain plot, piece or parcel of land, situate, lying and being in the Village and Town of Southold, County of
Suffolk and State of New York, and being bounded and described as follows: x,,.~ro--~"' "I-.! xx
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises whic~i
by law constitute real property.
FOR CONVEY/INCING ONL Y: Together with all the right, title and interest of the part of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULE A-I (Description,)
Fidelity National Title Insurance Company of New York
TITLE NO. 08-7404-71368-SUFF
SCHEDULE A-1 (Description)
(Continued)
BEGINNING on the westerly side of Young's Avenue (formerly Railroad Avenue) at the point of intersection formed by
the northerly line of lands now or formerly of Founders Village Condominium Sec. 1 and the southerly line of the
premises herein described;
RUNNING THENCE South 76 degrees 22 minutes 20 seconds West, 567.10 feet;
THENCE South 70 degrees 05 minutes 00 seconds West, 1110.79 feet to the easterly line of Horton's Lane;
RUNNING THENCE along the easterly line of Horton's Lane North 10 degrees 33 minutes 00 seconds West 584.13 feet
to the southerly line of land now or formerly of RMB Realty LLC;
RUNNING THENCE along land now or formerly of RMB Realty LLC and others North 67 degrees 06 minutes 40
seconds East, 526.89 feet;
THENCE North 69 degrees 55 minutes 20 seconds East, 98.99 feet;
THENCE North 67 degrees 06 minutes 40 seconds East, 410 feet;
THENCE North 72 degrees 04 minutes 10 seconds East along the southerly line of land now or formerly of Anne
Hubbard and Gary and Joan Rempe, 528.14 feet to the northwesterly comer of land now or formerly of Schlachter;
THENCE South 8 degrees 35 minutes 30 seconds East, along the last mentioned land, 63 feet;
THENCE North 72 degrees 04 minutes I0 seconds East a distance of 150.00 feet to the westerly side of Young's Avenue
(formerly Railroad Avenue);
THENCE along the westerly line of Young's Avenue (formerly Railroad Avenue) South 8 degrees 35 minutes 30 seconds
East, 192.00 feet to the northerly line of land now or formerly of Fisher and Krupski;
THENCE South 80 degrees 1 ! minutes 20 seconds West along the northerly line of land now or formerly of Fisher and
Krupski, 150.00 feet;
THENCE South 8 degrees 35 minutes 30 seconds East, 120.00 feet;
THENCE North 80 degrees 11 minutes 20 seconds East, 150.00 feet to the westerly side of Young's Avenue (formerly
Railroad Avenue);
THENCE along the westerly side of Young's Avenue (formerly Railroad Avenue), South 8 degrees 35 minutes 30 seconds
East, 302.00 feet to the point or place of BEGINNING.
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEYANCING ONL Y: Together with all the right, title and interest of the part of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULE A-I (Description)
N-tuber of pages
TORRENS
Serial #.
Certificate #
Prior Cfi. #
Deed / Mortgage Instrument
'l
Deed / Mortgage Tax Stamp
FEES
Recording / Filing Stamps
Page / Filing Fee
Handling
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Certified Copy
Reg. Copy
Other
5 O0
__ Sub Toml
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 ~s~'~'"
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.
Real Property Tax Service Agency Verification
Dist. Section B lock
Lot
Stamp
C01mnunity Preservation Fund
Consideration Amount $
CPF Tax Due
Date
Initials
Satisfactions/Discharges/Releases List Property Owners Mailin
RECORD & RETURN TO:
Lisa Clare Kombrink, Esq.
235 Hampton Road
Southampton NY 11968
TD
TD
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Suffolk Count}
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BOXES ~ 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY'PRIOR~RF.L~RDING OR FILING.
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