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HomeMy WebLinkAboutL 12540 P 137 ~ ,1' OF AGRICULTURAL, SCENIC, AND CONSERVATION EASEMENT THIS INDENTURE, made this I 'L'qL'day of ~yL6~%'¥) 2007, by and between Barry Savits, residing at 43 Fifth Avenue, New York, NY 10003-4368 ("GRANTOR"), and the Town of Southold, a municipal corporation having its principal offices at 54375 State Route 25, Southold, New York 11971 ("GRANTEE"). WHEREAS, GRANTOR owns certain lands situate at Peconic, Town of Southold, County of Suffolk, State of New York, described as follows: Lot 3 as shown on a standard Subdivision for the Property of Barry Savits as prepared by Stanley J. Isaksen, Jr., last dated December 20, 2006, excluding therefrom a residential building envelope containing an area of 0.73 acres, which map is to be filed currently herewith, being part of District 1000, Section 068.00, Block 04.00, Lot 016.1 more particularly described in annexed Schedule A; AND WHEREAS, the said lands constitute an area of natural scenic beauty which is desirable and productive for farming and agricultural purposes, and whose openness and existing state of use enhances the conservation of natural agricultural and scenic resources, and yields a significant public benefit; and WHEREAS, Section 247 of the New York General Municipal Law authorizes designated governmental bodies, including Towns, to acquire development rights, negative use easements, restrictive and affirmative covenants, and other contractual rights including Agricultural, Scenic, and Conservation Easements which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources, including agricultural lands; and .REAS, it is Grantee's policy to conserve, preserve and protect the Town's resources and the natural and man-made attributes of its land, including farmland, · fundamental to maintaining and improving the agricultural economy, the attractiveness of the community, balanced growth, and the quality of life in the Town generally; and WHEREAS, in furtherance of GRANTEE'S policies and in accordance with Section 247 of the General Municipal Law, GRANTOR wishes to convey and GRANTEE wishes to accept this agricultural, scenic, and conservation easement; NOW THEREFORE, in consideration of ONE DOLLAR ($1.00) and other good and valuable consideration to GRANTOR, the receipt of which is hereby acknowledged, this agreement WITNESSETH 1. GRANTOR does hereby grant, transfer, bargain, sell, and convey unto GRANTEE, in perpetuity, an agricultural, scenic, and conservation easement of the nature, character, and to the extent hereinafter set forth over and upon all that certain parcel of land set forth and described above (hereinafter sometimes referred to as the "burdened premises" or the "premises"). 2. The nature, character, and extent of the easement hereby granted are as follows: (a.) The use and development of the burdened premises shall forever be restricted to some or all of the following activities: (i) agricultural operations limited to the raising of livestock, including horses, on lot 3, .(excluding the building envelope as shown on the subdivision map); and SCHEDULE A DESCRIPTION OF PROPERTY OF BARRY S. SAVITS FOR LOT #3 IN A MAP ENTITLED "STANDARD SUB- DIVISION FOR THE PROPERTY OF BARRY SAVITS. All that piece or parcel of land located in the Hamlet of Peconic, Town of Southold, County of Suffolk, State of New York, and being bound and described as follows: BEGINNING AT A POINT, said point being located on the easterly side of Sound View Avenue and being located 1,288 feet northerly along the easterly side of Sound View Avenue from the intersection of the northerly side of Mill Road, and from said point or place of beginning proceeding the following courses and distances: North 0 degrees 0 minutes 0 seconds East for a distance of 294.72 feet to a point; Thence southeasterly along other lands of Savits South 49 degrees 27 minutes 40 seconds East for a distance of 168.33 feet to a point; Thence northeasterly along other lands of Savits North 43 degrees 10 minutes 40 seconds East 241.70 feet to the lands of Sepenoski, thence southeasterly, southwesterly and northwesterly for the next nine (9) courses and distances along the lands of Sepenoski; South 49 degrees 27 minutes 40 seconds East 402.87 feet to a monument; South 47 degrees 05 minutes 40 South 48 degrees 05 minutes 40 South 34 degrees 04 minutes 40 South 27 degrees 30 minutes 40 South 57 degrees 08 minutes 30 North 46 degrees 57 minutes 30 North 38 degrees 24 minutes 30 North 35 degrees 28 minutes 30 seconds East 86.91 feet to a monument; seconds East 144.00 feet to a monument; seconds East 79.50 feet to a monument; seconds East 267.34 feet to a pipe; seconds West 425.97 feet to a concrete post; seconds West 242.00 feet to a concrete post; seconds West 139.45 feet to a concrete post; seconds West 212.40 feet to a concrete post; Thence northwesterly along the lands of Savits North 17 degrees 04 minutes 59 seconds West 148.95 feet to a point; Thence southwesterly along the lands of Savits South 90 degrees 00 minutes 00 seconds West 150.00 feet TO THE POINT OR PLACE OF BEGINNING. The above parcel of land contains 10.19 acres of land and is known as lot #3 in a minor sub-division map entitled Standard Subdivision for the Property of Barry Savits as prepared by Stanley J. Isaksen, Jr., land surveyor. E~c~m_ the. above parce, l ~_an interior piece therein, being a building envelope, and I~bunded and ~l~'fibed as follows~ From the POINT OR PLACE OF BEGINNING in the above described parcel, and from said point or place of beginaing proceeding on a bearing North 90 degrees 00 minutes 00 seconds East for a distance of 150.00 feet to a point, thence on a bearing of North 42 degrees 49 minutes 47 seconds East a distance of 59.75 feet to the BEGINNING OF SAID BUILDING ENVELOPE; Thence North 37 degrees 40 minutes 10 seconds East 160.00 feet; Thence South 52 degrees 19 minutes 50 seconds East 200.00 feet; Thence South 37 degrees 40 minutes 10 seconds West 160.00 feet; Thence North 52 degrees 19 minutes 50 seconds West 200.00 feet to the POINT OR PLACE OF BEGINNING OF SAID BUILDING ENVELOPE. /- Number of pages TORR Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument q L- t Z3, O - 1'5' Deed / Mortgage Tax Stamp FEES Recording / Filing Stamps Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) ILP.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other Sub Total 500 Sub Total GRAND TOTAL Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec. TOT. MTG. TAX Dual Town Dual County__ Held for Apportionment __ 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 Stamp Date Initials Real Property Tax Service Agency Verification Dist. Section B lock Lot 1000 068.00 04.00 016.001 Satisfactions/Discharges/Releases List Pro )erty Owners Mailing Address RECORD & RETIm~ ,rs~. OLSEN & OLSEN LLP P. O. BOX 706 CUTCHOGUE, NY 11935 Suffolk Court This page forn~ part of the attached Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD TD ny Information I ent Page CONSERVATION made by: · ) EASEMENT BARRY SAVITS TO TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK. SOUTHOLD IntheTownship of In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRiOR TO RECORDING OR FILING.