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HomeMy WebLinkAboutL 11817 P 200 �V.' ' • V�o l tt s tui -oc1 1vj = 3511450-to I] THIS AGREEMENT, made this VO "day of Fc ur� ,Nineteen Hundred and Ninety-Sjrt;�JL� BETWEEN OSPREY DOMINION CO.,a General Partnership, 108 Allen Boulevard Farmingdale,New York 11735,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 ,IQF D "© FEB 21 (tel GtERK OF S PFFOLK COUNTY COUNTY OF SUFFOLK a ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF LAW ROBERT J.CIMINO DIVISION OF REAL ESTATE COUNTY ATTORNEY ADDRESSINTHIS COMMUNICATIONS November 20 , 1996 IN THIS MATTER TO: Mr. Frederick W. Koehler, Jr . Osprey' s Dominion Co . 71 Carolyn Boulevard Farmingdale, NY 11735 RE : William Tyyree Vineyard Our File No . SHO-P I Tax Map No. 1000-75-1-20 Suffolk County Farmland Development Rights Acquisition Program, Phase IV Dear Mr. Koehler : In accordance with Resolution No; 1139 authorizing the County of Suffolk to acquire Development Rights to Farmlands, Praisalase Vtotdeter- Division of Real Estate has secured the necessary app mine value . Tayyem�entnor thesdevelopmentbrightsrto yourhproperty under4the subject Ile . This value is based on the following schedule : DEV. RTS . DEV. RTS. BEFORE VALUE AFTER VALUE VALUE VALUE ACRES PER ACRE PER ACRE PER ACRE TOTAL Cropland 46 . 33± $14 , 000 $6 , 500 $7 , 500 $347, 464 . 50 Woodland Retained 4 . 5± TOTALS $357 , 450 a greater number or a lesser In the event that a final survey shows number of acres than 46 . 33+, the total develo ment rights value will be adjusted on the basis of the schedule set orth above . If there is pleaserdoenotnhesitatentohconractwthis officeoate853- ng this offer, p 5900 . Very truly yours, <�v� David P . Ftis'hlSelin Director DPF:DMK: cw Division of ReaEt sate EXHIBIT F (616)963-6900 166 NORTH COMPLEX HAUPPAUGE,NEW YORK 11799-4311 FAX (a IS)8636906 VETERANS MEMORIAL HIGHWAY RECORD "D FEB 21 IM CLERK 0�P.ROMAINE CO MY 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. 1000-75-1-20 hereinafter described as follows: Subject parcel is a flag-shaped farm with level topography consisting of a mostly vineyard crop in the Town of Southold. and as is shown on tax map attached hereto as Exhibit"H". ose of the for It is understood and agreed that the description in this Exhibit burposes has be a e pumorpazticular contract only,and that a final description for conveyance ire description to be determined by means of the surveys required under the contract aforesaid to which this Exhibit is hereby appended, EXHIBIT "G" RECORDS) FEB 21CLERK OF PUFf U COWY BOXES 5 THRID 9 DUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 1 SUFFOLK COUNTY CLERK 2 3 2kn „P# 11817 K 20 0 RECEIVED =� Number of pages Ro M� EAL STATE TORRF,NS :.7 FEB 21 1991 _' rn Serial# TRANSFER TAX = Certificate# SUFFOLK 26s,48COUWYY Prior Ctf# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee N1 f Mortgage Amt. _ Handling 1. Basic Tax TP-584 2.SONYMA Notation Sub Total EA-5217(County) Sub Total 3. Spec./Add. _ EA-5217(State) TOT.MTG.TAX ._ R.P.T.S.A. � Duai Town_Dual County_ Held for Apportionment_ Comm.of Ed. 5 . 00 Nit y Transfer Tax 1— e 9NDIHD Y Affidavit ��•" Mansion Tax ._ / Certified Copy 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 lax clause on page# of this instrument. 5 Real Property Tax Service Agency Verification Title Company Information Dist Section Block Lot /000 0'_4 ' 00 D/, 0 () po Company Name 60 Title Number FEE PAID BY: Cash Check_Charge S.C.DEPARTMENT LAW ES DIVISION OF REAL ESTATE ATTENTION: 1.0(0 Payer same as R& R_ BUILDIN 158 NORTH COUNTY COMPLEX OR: HAUPPAUGE li RECORD & RETURN TO 9 Suffolk County Recording & Endorsement Page This page forms part of the attached nL� made by: (Deed, Mortgage, etc.) �Sa r 0u l JO M l N ly_ 4) The premises herein is situated in SUFFOLK COUNTY, NEW � pY,O rRK. TO In the TOWN of &L 1(71 d -Zq L In the VILLAGE � or HAMLET of RECORDED FE6 21 CLERK OF S PFFM COLWN 1 2-0104_5/93