HomeMy WebLinkAboutL 12472 P 830 CORRECTION DEED OF DEVELOPMENT RIGHTS
This document shall serve to correct the Deed of Development Rights
recorded on December 28, 2000, in Llber D00012093 at Page 056 as It
pertains to Suffolk County Tax Map Number District 1000, Section 063.00,
Block 01.00, Lot 001.007. The required corrections are as follows: (1) them
is an error in the lega. I description for this parcel; (2) the legal description
failed to reference the residential structures existing at the time of the
recording of the development rights deed; and (3) the deed failed to contain
the required language reserving Grantor's rights to uss, alter, maintain, etc.
the residential structures.
THIS INDENTURE, made this ~.~-~y of Sepmrnber, 2006, I~tween Thomas
J. Hubbard, residin~ at 9 Lcggct Road, Bronxvillc, New York, p.',rty of thc first par[,
AND the TOWN OF SOUTHOLD, a municipal corporation havin~ its office and
principal place ol'business at 53095 Main Road. Southold, Town of Southold, County of
Suffolk and State of New York, party of thc second part;
WITNESSETH, that the party of the first pan, in consideration of'One Dollar and
other good and valuable consideration paid by the party o£the second part,
DOES IIEREBY GRANT AND RELEASE unto the party of the second part, its
successors and assigns forever, THE DEVELOPMENT RIGIITS, by which is meant the
permanent lc§al interest and right, as authorized by Section 247 ortho New York State
General Municipal Law, as amended, to permit, require or restrict the use of the premises
exclusively for open space or agricullural production as that tcml is presently defined in
Chapter 70 of thc Town Codc of'thc Town of Southold, and the right to prohibit or
restrict the usc of the premises and any structures thcreon Ibr any purpose other than as
open space or agricultural production, to the property described as follows:
ALL that certain plot, piece or parcel of land with the buildings and
improvemenls thereon erected, situate, lying and being at Southold, Town o£Southold,
County of Suffolk, and State of New York, being bounded atld described as follows:
BEGINNING at a point on thc westerly line of Hortons Lane, said point or place
of beginning being south 79 degrees 37 minutes 00 seconds "East, a distance o1'34.65 feet
I'rom the southerly line of Middle Road;
RUNNING THENCE front said point or place of beginning in a southerly
direction along the wcsterly line of Hortons Lane south 23 degrees 00 minutes 00 seconds
East, a distance of 281.84 l'cct to a point and lands now or fom~crly of Francis Conway
and Town o f Southold;
THENCE along lands now or formerly of Francis Conway and Town of Southold
south 54 degrees 25 minutes 40 seconds West, a distance ot'351.29 feet to a point and
lands now or formerly of Anne Hubbard;
THENCE north 35 degrees 34 minutes 20 seconds West. a distance of'300.00 feet
to a point and thc southerly line of Middle Road (C.R. 48);
THENCE north 54 degrees 25 minutes 40 seconds East along lhe southerly line o1'
Middle Road (C.R. 48), a distance of'418.48 feet to a point;
THENCE south 79 degrees 37 minutes 00 seconds East, a distance of 34.65 feet
to tho POINT OR PLACE OF BEGINNING.
TOGETHER with the non-exclusive right, il'any, of the party ofthe first pan as
to the use for ingress and egress ofany streets and roads abutting the above described
premises to the center lines Ihereof.
TOGETHER with thc appurtenances and all the estate and rights of the puny of
the first part in and to said premises, insot~ar as the rights granted hereunder are
concerned.
TO HAVE AND TO HOLD the said Development Rights in the premises herein
granted unto the party of the second pan, its successors and assigns, forever;
AND the puny of thc first part covenants that the party orthe first part has not
done or sut'l~red anything whereby the said premises have been encumbered in any way
whatever, except as aforesaid. The party ofthc first part, as a covcnant running with thc
land in perpetuity, further covenants and agrees for thc party ofthc first part, and the
heirs, Icgal representatives, successors and assigns of the party ofthe first part. to use the
premises on and after thc date of this instrument solely for the purpose o£opan space or
agricultural production.
AND thc party of the first parL as a covenant running with the land in perpetuity,
Further covenants and agrees for thc party of thc first part, and the heirs, legal
representatives, successors and assigns of the party of the first part, that thc parcels of
real property dcseribcd herein are open lands actually used in open space or bona fide
agricultural production as defined in GML Section 247 and shall remain open lands
actually used in open space or bona fide agricultural production. This covenant shall run
wilh the land in perpetuity.
AND the party pt'the first part. covenanls in all aspects to comply with Section 13
of the Lien Law. as same applies with said convcyancc.
THE p',u'ty of thc first part and thc party of the second part do hcrcby convcnant
and agree in perpetuity that either of them or their respective heirs, successors, legal
representatives or assigns, shall only use thc premises on and after this date as open space
or for thc purpose of such agricultural production and thc grantor covenants and agrees
that the underlying fee title may not be subdivided into plots by thc filing ora subdivision
map pursuant to Scctions 265, 276 and 277 of the Town Law and Section 335 of thc Real
Property Law, or any of such sections of thc Town or Real Property Law or any laws
replacing or in furtherance of thcm. Thc underlying fcc may be divided by conveyance or
devise of parts thereof to heirs and next of kin, by gift or will or by operation o£1aw, or to
other persons with written rccordablc consent o~'thc party ofthe second pan. This
covenant shall run with thc land in perpetuity.
The Grantor reserves the right to use the residential structures on the
protected property, but only those which were in existence and use prior to and at
the time of the granting of this easement, solely for residential purposes. In
connection with such residential use, Grantor may demolish, construct, modernize,
alter, maintain, or, in the event of material damage or destruction, replace, only
those buildings and other site Improvements that are in existence on the date of this
Conservation Easement..Any such replacements or improvements shall be sited on
the identical footprint of the structure existing at the time of the granting of this
easement, and the size, height, and design of any exterior construction, renovations
or replacement shall be subject to the prior written approval of Grantee. Grantor
also reserves a limited right to relocate the footprint of the structures in the event of
demolition and rebuilding. In such event, Grantor shall maintain the existing side
yard setback of 49.9~_ feet and shall locate the structure at the minimum required
front yard setback from IIortons Lane pursuant to the Southold Town Code. In
such event, the front yard setback shall not exceed the minimum setback required
under the Southold Town Code, but upon obtaining any and all neeessar)'
regulator)' permits, variances or other approvals~ may be located at a reduced
setback or the setback of the existing structure. Gruntor's reservation hereunder is
subject to its agreement to accommodate other local zoning or regulator)' requests
for such replocements and improvements as are rcquired to conform to current
regulations and ordinances.
Nothing contained herein shall prohibit the sale of the underlying t~c or any
portion thereof.
4
TH H word "party" shall be construed as i f it reads "panics" wbenever the sense of
this indenture so requires.
TH£ party of the firsl part, thc heirs, legal representatives, successors and assigns
of the party oflhe first part covenants and agrees that it will (a) not generate, store or
dispose o£hazardous substances on thc premises, nor allow others to do so; (b) comply
with all of thc £nvironmcntal Laws: allow pany oftbe second pan and its agents
rcason'~le access to the premises Ibr purposes ofaseenaining site conditions and for
inspection ol'the premises for compliance with this agreement. This covenant shall run
with the land in perpetuity.
THE pany oftbe first pan, his heirs, legal representatives, successors and assigns
of the party of the first part covenants and agrees thai hc shall indemnify and hold party
of thc socond part and any o£its officers, at~enls, 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 olher costs and expenses which may arise out of (I) any inaccuracy or
misrepresenlalion in any representation or warranty made by seller in this agreement; ('2)
the breach or non-pcrlbrmancc of any convenants required by this agreement to be
performed by the party of thc firsl part. either prior to or subsequent to thc closing of title
herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive
relief, remedial action, or other remedy by reason ora violation or non-compliance with
any environmental law; or thc disposal, discharge or release of solid wastes, pollutants or
hazardous substances; or exposure to any chemical substances, noises or vibralions to the
extent they arise from thc ownership, operation, and/or condition ofthe premises prior to
5
or subsequent to the execution ofthe Deed of Developmcnl Rights. This covenant shall
mn with the land in perpetuity.
AS set forth in Chapter 17 and Chapter 70 of the Town Code of the Town of
Southold DEVELOPMENT RIGHTS acquired by the Town pumuant to thc provisions of
those Chapters shall not thereafter be alienated, except upon the affimmtiv¢ vote of a
majorily ol'the Town Board after a public hearing and upon the approval of the electors
oFthe Town voting on a proposition submitted at a special or biennial town election. No
subsequent amendment oFthe provisions ol'these Chapters shall alter the limitations
imposed upon the alienation of development rights acquired by the Town prior to any
such amendment. This covenant shall run ~ith Ihe land in perpetuity.
It is further agreed between the grantors and the Town of Southold that, in
addition to thc Town of Southold having the right to enforce the covenants and
restrictions contained herein the grantors, his heirs, assigns or legal representatives shall
have thc right to enforce thc covenants and restrictions contained herein.
IN WITNESS WHEREOF, the party of the Ilrst part has duly executed this
deed the day and year first wdttco above.
Seller:
Purchaser: Town or S~hold
Scott A. Russell, Supervisor
6
STATE OF NEW YORK )
· ) SS.:
COUNTY OF ~L )
Onthe Z ayof .2006. bcforemeperso,allyappeared
THOMAS ~. HUBBARD. per'ally known io mc or p~vid~ Io me on ~e b~is of
~fis~acto~ cvidence Io b~ lbo indiv[d~l whosc namc is sub~ri~ Io ~e wiihin
[nsimmani and ~knowlcd~cd Io me I~al he cx~l~ lhe s~c in his capacily, and thai by
his si~ta~ on t~e inslrumenl. Ib~ individual, or fi~c pc~n ~on behal~of w~ic~ Ibe
individual act~, cx~uted the d~ument. - I I
N~ ~blic, Sta~ of N~ YO~ ~ ~
~dmd in ~ York Ceu~ ~ ~ ~
STATE OF NEW YORK )
) S$-:
COUNTY OF SUFFOLK )
On thc-.~ day of. ~f.~i~fl~:~_ff.~, 2006, before mc personally appeared
SCOTT A. RUSSELL, personally known to mc or provided to mc on thc basis of
satisfactory evidence to bc the individual whose name is subscribed lo the within
instrument and acknowledged to mc that he executed thc same in his capacity, and that by
his signature on the instrument, Ihe individual, or lhe person upon behalf of which the
individual acted, executed thc document.
Notary-P'ublic- /
LINDA J COOPER
NOTARY PUBLIC, 8late of New York
NO. 01C0482256~1, ~u[Ioli( County.
Term Expires December 31,20.~'
7
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf. #
Deed. Mo~gage Instrument
Page I Filing Fee
Deed / Mortgage Tax Stamp
FEES
Handling
TP-$84
Notation
EA-5217 (County)
EA~5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
-~_..m.'.fi.cd_.~o. py
Reg. Copy
Other
I looo
4 ]District
Real
Property
Tax Service
Agency
Verification
~ 00
SubTotal '~'~(} ' ~}
l
Sect/on [ Block
06634799 lOOO o~3o0 ~xoo 'ooxoo?
I
61 Safis~cfion/Diseharges/Rel~se ~st Property Owne~
Mailing
Add~
RECORD &Re.-I'~RNTO:
PATRICIA A. FINNEGAN, ESQ., TOWN ATTORNEY
TOWN OF SOUTHOLD
P.O. BOX 1179
Southold, NY 11971-0959
I~COP, r,,EP
2006 Oct 06 09:16:*;'0 AN
Jodith ~. Pascale
CLERK OF
51JFFOLK COUNT?
L I)00012472
DTg 0608357
Recording / Filing Stamps
Consideration Amount
CPF Tax Dt~e
Morlgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec. / Assic
or
Spec. / Add.
TOT. MTG. 'rAX
Dual Town Dual County
Held for Appointment .
Transfer Tax ~"
Mansion Tax · /
Thc property covercd by this motgage is
or will be improved by a one or Iwo
family dwelling only.
YES or NO
If NO. see appropriate tax clause on
page # of this/nstrumem.
Crimp'mit7 Pre~ervatlon Fund
$o
Improved
Vacant Land .~
TD
TD
Title Company Information
Co. Name
Title #
Suffolk County Recording & Endorsement Page
This page forms pm of the attached
THOMAS J. HUBBARD
TOWN OF SOUTHOLD
............... -~.I C::T£
(SPECIFY TYPE OF I~STRUMENT)
The premisis herein ia situated in
SUFFOLK COUNTY. NEW YORK.
In the Township of SOUTHOLD
In the VILLAGE
$OUTHOLD
or HAMLET of
, made by:
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FIliNG
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Znstnunent~ CORRECTION/DSED/DCO
Number of Pagesz 8
Receipt ~,~er ~ 06-0097787
TRANSFER TAX NUMBER: 06-08357
District:
1000
Deed Amount=
Recorded:
LIBER
PAGE
Section: Block:
063.00 01.00
~N~D ~NO Ca~GED AS FO,.,.OWS
$o.oo
10/06/2006
09;16:20 AM
Received the Following Fees For Above Instrument
Exempt
Page/Filing $24.00 NO Handling
COE $5.00 NO NYS SRCRG
EA-CTY $5.00 NO EA-STATE
TP-584 $5.00 NO. Notation
Cert.Copies $5.20 NO RPT
SCTM $0.00 NO Transfer tax
Conun. Pres $0.00 NO
Fees Paid
TRANSFER TAX NUMBER: 06-08357
THIS PAGE IB A PART OF THE INSTRUMENT
THIB IS NOT A. BILL
D00012472
830
Judith A. Pascals
County Clerk, Suffolk County
Lot:
001.007
$5.00
$15.00
$165.00
$0.50
$30.00
$o.oo
$259.70
Exempt
NO
NO
NO
NO
NO
NO
PLEASE TYPE OR PRESS FIRMLY WHEN wRITiNG ON FORM
INSTRUCTIONS: http:/! www.orps, state.ny, us or PHONE (518) 473-7222
use
'l ."'? 1, ~' "~ 4~' I REAL PROPERTY TRANSFER REPORT
STAI~
NEW
YORK
I I ) I
z.~uv~ I TOWN aP SOUTHOLD
I
...~ [ Jxl Iii . .
HUBBARD I THOMAS
I [ I
Full Side Pfk4 I , , ......
tFull Sole Price ii the lOUd irnoaJnt paid foe 1hi properly including
C
D'
E
F
0
14.1fldicltltlmvaluedl~lOnml I ....... 0 , 0 I
I ~SESSME~ IN~RMA~ON - D~ shard, ~ ~e la~ Final ~sment RMJ and Tax Bill I
l& YMM W~ 2005~06
Southold School District
1000-063.00-01.00-001.007
I L J
I I L J
I CERTIFICATION I
I C~'IJ~ thai ,dl c4' IJte ~le/llS o( Ii~DllULtkm e~Ael~d Mt II~ ~Oflla ire true Basal LW Ith th~ ~ ~ ~ ~ ~ ~ G [ ~ ~ ~ --,Li~
d'any wflKul ~ xtatanml d*malcwJal ~ ht~Lam vdll mbj~'t me to th~ Iwmtdom~ d' the Demi trw rebttive to Um maldaqg and rding oF Gdar tndrumenv.
BUYER'S; ATTORNEY
BUYER
TOWN OF 8OUTHO~
- £/ ~1, /
B y ~ ~~
53095 I Main Road
Southoldt I NY I 11971
Pinnegan I Patrtcia A.
631 I 765-1939