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THIS AGREEMENT,made this (� h day of !Ftb(JA r ,Nineteen Hundred and
Ninety-Sift;4t ve.\
BETWEEN
SCOTT KAUFMAN, 249 East 48th Street, Suite 4A,New York,New York 10017,
hereinafter described as the SELLER,
and the COUNTY OF SUFFOLK,a municipal corporation,having its principal offices at
County Center,Riverhead,New York,hereinafter described as the PURCHASER,
WITNESSETH,that the SELLER agrees to sell and convey,and the PURCHASER
agrees to purchase,as authorized by Chapter 8 of the Suffolk County Code,and in accordance
with Resolution No.1139-1995 of the Suffolk County Legislature,on file with the Clerk of the
Suffolk County Legislature,the Development Rights,as hereinafter defined,in all that certain
plot,piece or parcel of land,situate, lying and being in the Town of Southold,County of Suffolk
and State of New York,more particularly bounded and described as set forth in the description
annexed hereto as Exhibit"G".
1. Development Rights,as authorized by §247 of the New York State General Municipal
Law,as amended, shall mean the permanent legal interest and right to permit,require or restrict
the use of the premises exclusively for agricultural production as that term is defined in Chapter
8 of the Suffolk County Code,and the right to preserve open space as that term is defined in
§247 of the General Municipal Law as amended,and the right to prohibit or restrict the use of
the premises for any purposes other than agricultural production or to subdivide same. By the
sale of such development rights and interest,the SELLER shall be deemed to have covenanted
and agreed that the SELLER, and the heirs,legal representatives, successors and assigns of the
SELLER,shall only use the premises on and after the date of delivery of the instrument of
conveyance to the County of Suffolk for the purpose of such agricultural production. Such
covenant shall run with the land in perpetuity. The provisions of this paragraph shall survive the
delivery of the instrument of conveyance.
2. The SELLER acknowledges that by the terms of this contract and the declarations in
the deed,that it has been informed that neither the SELLER,nor his heirs,successors in interest,
successors in title or assignees shall be permitted to remove soil from the property to be covered
by these development rights. The representation is intended to also serve as a covenant running
forever with the land in perpetuity and the provisions of this paragraph shall survive the delivery
of this conveyance.
3. The power and purpose of the PURCHASER is limited to acquiring the Development
Rights in land presently used or suitable for agricultural production and the PURCHASER
reserves the right, upon obtaining a survey and inspecting the premises in relation thereto,to
hold a public hearing on said purchase and acquisition,and thereafter,either cancel this
agreement if the premises are not entirely used or suitable for agricultural production or to accept
1
RE rORD "'J) FES 211�1 CLERK OF SUFFOLK FFO�
which case the price will be adjusted in proportion to the area deemed suitable using the unit
price as herein set forth.
4. The price is ONE HUNDRED TEN THOUSAND FIVE HUNDRED and 00/100
($110,500.00)DOLLARS,based on the representation of the SELLER that the premises contain
13 acres of cropland,the development rights of which are valued at EIGHT THOUSAND FIVE
HUNDRED and 00/100($8,500.00)DOLLARS per acre. The price will be adjusted to the
actual acreage to be determined by a survey,as set forth below. Purchaser will have the
premises surveyed by a professional engineer or licensed land surveyor of its choice,at its
expense,to determine the actual acreage of the area suitable for agricultural production. If the
SELLER is dissatisfied with the PURCHASER's survey, SELLER may have the premises
surveyed by a licensed land surveyor of his choice,at his expense. If there is a substantial
variation between the two surveys,the acreage for the purpose of this contract shall be
determined by a third surveyor to be selected by the first two. The determination of the third
surveyor,whose cost shall be borne equally by the SELLER and PURCHASER,shall be
binding. If a SELLER!s survey is secured the recomgutation of acreage to determine purchase
price shall not include land contained in the bed of any easement.public road private road,or of
goy acres as to which any other person or the public may have any ri¢hts but title to the
Development Rights to all such areas as the SELLER may have shall,nevertheless,be conveyed
to the PURCHASER. There shall be no other adjustments or apportionments. The price shall be
payable by Suffolk County check at the time of closing.
5. The deed shall be in the form approved by the Suffolk County Attorney,and shall be
duly executed and acknowledged so as to convey to the PURCHASER,the Development Rights
of the said premises,free of all liens and encumbrances,except as herein stated. If the SELLER
is a corporation,it will deliver to the purchaser at the time of the delivery of the deed hereunder a
resolution of its board of directors authorizing the sale and delivery of the deed,and a certificate
by the secretary or assistant secretary of the corporation certifying such resolution and setting
forth facts showing that the conveyance is in confomuty with the requirements of§909 of the
Business Corporation Law. The deed in such case shall contain a recital sufficient to establish
compliance with said section.
6. All instruments,documents or affidavits of any nature whatsoever required to be filed
in accordance with Article 31-B,New York State Tax Law,entitled"Tax on Gains Derived from
Certain Real Property Transactions" at the New York State Tax Commission incidental and
necessary for recording a deed in the County Clerk's Office shall be fiunished by the SELLER to
the PURCHASER at or before the closing of title. In addition thereto,the SELLER shall
produce receipts for the payments of any tax imposed as well as any receipts for payment of any
tentative assessments imposed or in lieu thereof,famish to the PURCHASER at the time of the
closing,a certified check to be applied in full payment thereof in order to permit the County
Clerk to record the deed of conveyance.
Failure to produce the documents and other instruments,including the aforesaid
payments, shall result in the closing being adjourned until such items are produced.
2
RECV nVGJ) FEB 21 CLERK OF S FFOW COUNTY
o COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
ROBERT J.CIMINO
COUNTY ATTORNEY
November 6, 1996 DEPARKINTMENT
ENTREAOF LAW
249 East Street ATE
ADORE SS ALL COMMUNICATIONS
Suite 4A IN THIS MATTER TR
New York, NY 10017
RE: Kaufman Farm
Our File No. SHO-P II
Tax Map No. 1000-18-3-9 . 7
Suffolk County Farmland Depment Rights Pro ram Phase IV gvelohts Acquisition
Dear Mr. Kaufman:
In accordance with Resolution qNqo. 1139 authorizing the Count
sioon of acquire Development
Phase IV,
y of Suf-
value. the Divi-
appraisal ppraisal to determine
The Count of Suffolk hereby offers you the sum of $110, 500, in full
ayment o the development rights to your property under the subject
ile .
This value is based on the following schedule :
BEFORE VALUE AFTER VALUE DEV. RTS. DEV. RTS.
ACRES
PE—--RA ._ PER ACRE PER ACRE VALUE
Cropland 13+ �— TOTAL _
Woodland $16, 000 $7, 500 $8, 500
Retained 2 , 679 $110, 500
TOTALS $110, 500
In the event that a fin97 al survey shows a greater number or a lesser
bemadjustedconstheabasi ' the schedulevsstpforthrabove value will
If there is any further information thatou would like concerning
this offer, please do not hesitate to coJact this office at 853-
5900 .
Very truly yours
DPF:DMK:cw ��
Davi P. Fis ein, Director
Division of Real Estate
133 NORTH COMPLEX
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE,NEW YORK 11786-4311 (316)663-6600
FAX 6(316)633-6303
RG ,�OR� ED FEB 21 1M CLERK OF S PFFW CCWNTY
DESCRIPTION OF PROPERTY
ALL that certain plot,piece or parcel of land situate,lying and being in the Town of
Southold, County of Suffolk,New York,being Tax Map No. 1000-18-3-9.7, hereinafter
described as follows:
Subject parcel is a vacant,rectangular-shaped farm
with gently rolling topography in the Town of
Southold.
and as is shown on tax map attached hereto as Exhibit"H".
It is understood and agreed that the description in this Exhibit is for the purpose of the
contract only,and that a final description for conveyance purposes shall be a more particular
description to be determined by means of the surveys required under the contract aforesaid to
which this Exhibit is hereby appended,'
EXHIBIT"G"
RECORDED FEB 21CLERK OF B RFFOCOUNTY
BOXES 5 THRU 9 MU$T BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
1 I SUFFOLK COUNTY CLERK 2 3
ue# 11817 PC 201 RECEIVED
$ N
Number of pages � ' REAL ESTATE "max n
TORRF.NS ,r rn�',
FEB 2. 1 199 !
Serial# u C7.,=' $
TRANSFER TAX' sS C `'
Certificate S0OUFUOLK
Prior Ctf#
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
q FEE
Page/Filing Fee
Mortgage Amt.
Handling
1.Basic Tax _
_
2.SONYMA
TP-584
Sub Total _
Notation _
EA-5217(County) Sub Total 3.Spec./Add. _
EA-5217(State) TOT. MTG.TAX _
RP.T.S.A
Dual Town_Dual County_
Held for Apportionment_
Comm.of Ed. 5 . UU
-- – r "q, ?3 ♦ Transfer Tax _
Affidavit Mansion Tax _
Certified Copy V The property covered by this mortgage
is or will be improved by a one or two
Reg. Copy _ Sub Total family dwelling only.
YES_ or NO_
Other GRAND TOTAL If NO,see appropriate tax clause on
page# of this instrument.
5' Real Property Tax Service Agency Verification 6 Title Company Information
1 •�� Dist Section Block Lot
: ' ►' •" /000 [��6. 00
D3. 00 Po 009 0o
Company Name
a 57
Titie Number
FEE PAID BY: S.C.DEPARTMENT OF LAW
Cash Check_Charge DWISION_OF R L ESTATE
ATTENTION:
Payer same as R& R— BUILDING 58 rtt
NORTH COUNTY COMPLEX
OR: L HAUPPAUGE
8 RECORD & RETURN TO
q Suffolk County Recording & Endorsement Page
This page forms part of the attached made by:
/ (Deed, Mortgage, etc.)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In tate TOWN of 5oe �o
Lt✓! Di �( ( �� ( In the VILLAGE
f�
�lw or HAMLET of
RECORDED FEB 21 W CLERK 0�FFOLI(COUNTY 12-010CA/93