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Home My WebLink AboutL 12494 P 59SUffOLK COUNTY CLERK I~ECORD S OFFICE RECORDING PAGE ~ of Instrument: MISCELLANEOUS - DEED Number of Pages: 16 Receipt Numbez : 07-0019951 1000 Recorded: At: 02/27/200~ 02:35:41 PM Page/Filing EA-CTY TP-584 Cart. Copies SCTM Received the Following Fees For Above Instrument $48.00 NO Handling $5.00 NO $5.00 NO N~ZS SRCHG $15.00 NO $0.00 NO EA-STAT~ $0.00 NO $0.00 NO Notation $0.00 NO $10.40 NO RPT $30.00 NO $0.00 NO Fees Paid $113.40 THIS PAGE IS A PAltT OF T~E INSTRUmeNT THIS IS NOT A BILL JudithA. P&scale County Clazk, Suffolk Count~ LZBER: D00012494 PAGE: 059 8eotion: Block: Lot: 069.00 03.00 009.003 EXRMZNEDANDCNA~nA~ FOLLOWS GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of F'~-~. .2007 at Southold, New York. The parties are East Coast Residential ~1~1~,~'~0 Wagon Wheel Lane, Cutchogue, NY 11935 (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 (herein call "Grantee"). INTRODUCTION ~ C~_ ~_~ ~ ~., ~ WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as SCTM# 1000-69-3-9.3 more fully described in SCHEDULE A attached hereto and made a part hereof and shown on the survey prepared by Peconic Surveyors, P.C., dated January 25, 2007 and last revised January 29, 2007, and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class TI 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 continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently undeveloped; WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and :[989 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 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-ONE HUNDRED AND FORTY-NTNE THOUSAND-NINETY-EIGHT DOLLARS AND 40/:~00 ($1,149,098.40) 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 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: 0.01 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 York 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 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 New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law Section 2 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. in order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated January 25, 2007 last revised January 29, 2007 prepared Peconic Surveyors, P.C., and a Phase i Environmental Site Assessment dated August 7, 2006 by Nelson, Pope & Voorhis, LLC. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than agricultural production as that term is presently referenced in {}247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold, (the "Town Code") now or as it may be amended. No future restrictions or limitation in the definition shall preclude a use which is permitted under the current law and/or code. Notwithstanding said definition in the Town Code, structures shall be prohibited except as permitted in Section 4.06. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's 3 Stewart Title Insurance Company Title No: S'I-S~8. 10 Schedule A Description Amended 2J9/07 ALL that certain plot, piece or parcel of land situate, lying and being at Sout~old, Town of Southold, Comity of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the Northeasterly side of Bowery lmne (Ackerly Pond Lane) where the same is intersected by the Southerly side of land now or lbrmerly of Schill. said point also being distant 273.85 feet Southeasterly, as measured along the Northeas. terly side of Bowery Lane (Acker].y Pond Lane). from the corner formed by the intersection at' the Northeasterly side of BoweU Lane (Ackerly Pond Lane) with the Southerly side of land now or formerly of Long Island Rail Road: RUNNING THENCE from saJ. d point of beginning and running throu~ a monument located l. 1 feet East of said point or place of beginning along land now or formerly of Schill, the followiag courses and distances: 1. North 44 degrees 18 minutes 00 seconds East, 44. tO feet. 2. North 31 degrees 53 mi. nutes 10 seconds East, 506.47 feet to land now or fornrerly of Long Island Railroad: THENCE along said land the followiag curves and distances: I. Eastarlv, along the arc of a curve beating to the right, ha ing a radms of 2840.. 4 feet, a distmtce 131.51; 2. North 69 degrees 20 minutes 00 3econds East, 179.4'1 feet to a monument; 3. South 69 degrees 31 miuutes 00 seconds East, 12.54 feet to a railsoad monument: 4. Nerth 69 degrees 20 minme~ 00 seconds East. 709.95 feet to land now or formerly B oerges soa: THENCE along said lai;,t and later along land now or formerly of Spitzernberg the following two (2) courses and distances: I. South 18 degrees 08 minutes 50 seconds ',Vest. 250.55 feet: 2. South 42 degrees 49 minutes 50 seconds East, 18 feet to land now or fozTnerly of Tasca and lands shown on" Map of Southold Vistas, Section 2", Suffolk County File No. 9237; THENCE along said land and land now or formerly of Lang; South 31 degrees 01 minute 50 seconds West, 709.83 feet to a monument: THEgN'CE South 16 degrees 05 minutes 10 seconds West, 368.80 feet to a monument and land now or formerly of Flower Hill Building Corp: THENCE along said land North 88 degrees 11 minutes 20 seconds West to a monument and land now or f~,rmerly of Diller; TItENCE along said lmxd, the following two (2) courses and distances: 1. North40 degrees 32 minutes 10 seconds West 487.72 feet to a monament; 2. South 43 degrees 27 minutes 50 seconds West 225.24 feet to a monument and the Noflheasterly side of Bowery Lane (Ackerly Pond Lane); THENCE along the Norlheasterly side of Bowery Lane (Ackerly Pond Lane), tht· following two (2) courses and distances: 1. No~th 4/) degrees 32 minutes 10 seconds West. 214.01 feet: 2. North 47 degrees 46 minutes 10 seconds West, 28.43 t'eet to the point or place of BEGINNING. T(XSET}IER with alt right, title and interesr of the pnrty of the first part. m and Io .the land lying in the street in front of and adjoining said prermses .Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument APR - 4 2OO7 DEPT OF LAND PRES[RVATfON Deed / Mortgage Tax Stamp FEES Page/Filing Fee /"'{ 7 __ Handling 5. 00 TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P,T.S.A. ~ -"'"' Comm. of Ed. 5. 00 ffidavit NYS Surcharge 15. 00 Other Sub Total Sub Total Grand Total RECORDE[:' 200? Fei, 2~ 02:55:~-I Pi'[ J:¢5 t.h I:!. CL.ER;.:' OF sUFFOLF~ L r:,OOCd. 2494 p 059 4 ] Dist./~ [~' Real Property. Tax Service Agency Verification I 07006220 looo o~9oo o3oo 009003 Z Satisfactions/Discharges/Releases List Property Owners RECORD & RETURN TO: 81 Mailing Address Recording / Filing Stamps 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. 5 Community Preservation Fund Consideration Amount $/, CPF Tax Due~°~ Improved Vacant Land TD / TD TD I Title # Suffolk County Recording & Endorsement Page Thispageformspartoftheattached ~-WwT- d/: 2)Wg/'WZ.-OP/IYgqd? /'d/o~//7'X' &~T'~by: (SPECIFY TYPE OF INSTRUMENT) ~W~ ~aw'7 ~W/a~/~ ]1~ The premises herein is situated in SUFFOLK COUNTY, NEW YORK. Title Company Information ,F 7'-- a-- TO In the Township of '7~a)x/ O/':'- ,,,I'd te'TZ~z O In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over)