HomeMy WebLinkAboutL 12595 P 616SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED
~m~er of Pages: 9
Receipt ~,m~er : 09-0088595
TRANS~R TAX NUMBER: 09-00330
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
031.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$1,337,422.00
Received the Following Fees
Page/Filing $0.00
COE $0.00
EA-CTY $0.00
TP-584 $0.00
Cert. Copies $0.00
Transfer tax $0.00
TRANSFER TAX NUMBER: 09-00330
For Above Instrument
Exempt
YES Handling
YES NYS SRCHG
YES EA-STATE
YES Notation
YES RPT
YES Comm. Pres
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
08/05/2009
03:20:56 PM
D00012595
616
Lot:
001.003
Exempt
$0.00 YES
$0.00 YES
$0.00 YES
$0.00 YES
$0.00 YES
$0.00 YES
$0.00
Number of pages ~'~
This document Will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
31
Page / Filing Fee
Handling
5. 00
Deed / Mortgage Tax Stamp
FEES
TP-584
Notation
EA-52 17 (County)
Sub Total
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed. 5. 00
Affidavit
Certified Copy p*~. .-:
NYS Surcharge 15. 00
Other
Sub Total
Grand Total
Real Property
Tax Service
Agency
Verification
8
09017580 ~.ooo o3xoo oxoo ooxoo3
,
Satisfactions/Discharges/Releases List Property Owners Mailing Address
6 RECORD & RETIIRN TO:
County of Suffolk '
Dept. of Environment and Energy
Div. of Real Property Acquisition and Management
P.O. Box 6100
100 Veterans Memorial Highway
Hauppauge, New York 11788
Attn: Bob Zaher
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY 11901
www. suffolkcou ntyny, gov/clerk
RECORDED
2009 Rug 05 03:20:56 PH
Judith A. Pascale
CLERK OF
SUFFOLK COUNTY
L D00012595
P 616
OT# 09-00330
Recording / Filing Stamps
5
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County __
TrHane~fde/°rTjPp°in tree nt~-
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
Community Preservation Fund
ConsiderafionAmount$l_133~q22'~3
CPF Tax Due $
Improved
VacantLand
Title Company Information
Suffolk County Recording & Endorsement Page
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
made by:
This page forms part of the attached ~ ~ ~'~'
TO
In the TOWN of
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
DEED
OF
DEVELOPMENT RIGHTS
THIS INDENTURE, made as of the 29th day of July, 2009
BETWEEN GHASSEMI & Co., LLC, a New York limited liability company, with
an address of 866 Dogwood Avenue, Franklin Square, New York 11010, hereinafter
described as the PARTY OF THE FIRST PART,
AND the COUNTY OF SUFFOLK, a municipal corporation of the State of New York,
having its principal offices at 310 Center Drive, Riverhead, New York 11901, hereinafter
described as the PARTY OF THE SECOND PART,
WITNESSETH, that in accordance with Article XII of the Suffolk County Charter, as
amended and effective December 1, 2007, and pursuant to Chapter 8 of the Suffolk County
Code, Resolution No. 285-1981 as amended, Resolution No. 1201-2000 and Resolution No.
830-2007 as corrected by Resolution 247-2008 of the Suffolk County Legislature, all on file
with the Clerk of the Suffolk County Legislature, that the PARTY OF THE FIRST PART, in
:onsideration of ONE MILLION THREE HUNDRED THIRTY SEVEN THOUSAND FOUR
!-IUNDRED TWENTY TWO and 00/100 DOLLARS ($1,337,422.00) and other good and
~aluable consideration paid by the PARTY OF THE SECOND PART, DO HEREBY GRANT
~ND RELEASE unto the PARTY OF THE SECOND PART, the successors and assigns of the
>ARTY OF THE SECOND PART forever, THE DEVELOPMENT RIGHTS, by which is
neant the permanent legal interest and right, as authorized by {}247 of the New York State
3eneral Municipal Law, as amended, and Local Law 16-1981 of the County of Suffolk, as
unended, to permit, require or restrict the use of the premises exclusively for agricultural
~roduction as that term is defined in Local Law 16-1981 of the County of Suffolk, as amended,
md the right to preserve open space as that term is defined in {}247 of the New York State
3eneral Municipal Law, as amended, and the right to prohibit or restrict the use of the premises
'or any purpose other than agricultural production, to the property described as follows:
ALL that piece or parcel of land, situated in the Town of Southold, County of Suffolk,
md State of New York, more particularly bounded and described as follows: (see description
mnexed hereto and made a part hereof):
BEING AND INTENDED to be part of the same premises conveyed to Ghassemi & Co.,
~LC by deed dated July 19, 2005 from Sy Ghassemi and Catherine P. Ghassemi and recorded
kugust 17, 2005 in Liber 12404 at page 316. The premises being conveyed herein is part of the
>remises further described as Suffolk Tax Map Number 1000-031.00-01.00-p/o 001.002.
TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS in the premises herein
ranted unto the PARTY OF THE SECOND PART, its successors and assigns, forever;
AND the PARTY OF THE FIRST PART covenants that the PARTY OF THE FIRST
ART has not done or suffered anything whereby the said premises have been encumbered in
my way whatever, except as aforesaid. The PARTYOF THE FIRST PART, as a covenant
unning with the land in perpetuity, further covenants and agrees for the PARTY OF THE
:IRST PART, and their heirs, legal representatives, successors, assigns and/or party or parties in
awful possession of the premises, to use of the premises on and after the date of this instrument
~olely for the purpose of agricultural production.
THE development rights conveyed herein are subject to the further terms and provisions
~s set forth in a certain contract of sale between the PARTIES hereto dated October 24, 2007 as
he same is intended to be recorded simultaneously in the office of the Suffolk County Clerk
~rior in time to this conveyance, portions of which as contained therein have and will survive
he delivery of this instrument of conveyance.
THE PARTY OF THE FIRST PART, their heirs, assigns and/or party or parties in
lawful possession of the premises subject to this deed of development rights, pursuant to lease,
license, or other arrangement, covenant and agree that they will not remove any soil from the
premises described herein. A purpose of this acquisition is to protect topsoil by limiting non-
agricultural production uses of the land. The topsoil present on the premises consists of
~rime/unique/important soil.
THE PARTY OF THE FIRST PART, their heirs, assigns and/or party or parties in
awful possession of the premises subject to this deed of development rights, pursuant to lease,
license, or other arrangement, covenant and agree that they will (a) not generate, store or dispose
of hazardous substances on the premises, nor allow others to do so; (b) comply with all
Environmental Laws; (c) allow PARTY OF THE SECOND PART and its agents reasonable
access to the premises for the purposes of ascertaining site conditions and for inspection of the
premises for compliance with this agreement. Where Federal grants and/or funds are used
and/or reimbursed to the PURCHASER for this acquisition, representatives of the United States
Department of Agriculture shall also have the right to enter the property as stated in
subparagraph (c) herein. This covenant shall run with the land in perpetuity.
THE following covenants'shall run with the land in perpetuity and shall be deemed
applicable only if federal funds are in fact received by the PARTY OF THE SECOND PART
for the premises:
(i) Contingent Right in the United States of America:
In the event that the PARTY OF THE SECOND PART fails to
enforce any of the terms of this easement (or other interests in
land), as determined in the sole discretion of the Secretary of the '
United States Department of Agriculture, the said Secretary of
Agriculture and his or her successors and assigns shall have the
right to enforce the terms of the easement (or other interests in
land) through any and all authorities available under' Federal or
State law.
In the event that the PARTY OF THE SECOND PART attempts
to terminate, transfer, or otherwise divest itself of any rights,
title, or interests of this easement (or other interests in land) or
extinguish the conservation easement (or other interests in land)
without the prior consent of the Secretary of the United States
Department of Agriculture and payment of consideration to the
United States of America, then, at the option of such Secretary,
all right, title, and interest in this easement (or other interests in
land) shall become vested in the United States of America.
(ii)
Unless otherwise agreed to by the PARTY OF THE SECOND
PART, United States of America Commodity Credit
Corporation and the N.Y.S. Department of Agriculture and
Markets, the PARTY OF THE SECOND PART shall hold title
to any conservation easement or interest in land. However, title
may be held by the United States of America at the request of
the Secretary of Agriculture upon mutual agreement of the
PARTY OF THE SECOND PART, United States of America
Commodity Credit Corporation and the N.Y.S. Department of
Agriculture and Markets, or when the United States exercises its
contingent right.
(iii)
PARTY OF THE FIRST PART covenants to manage the
property in accordance with a conservation plan that is
developed utilizing the standards and specifications of the
NRCS field office technical guide and 7 C.F.R., Part 12, and is
approved by the Conservation District.
(A) As required by section 12381 of the Food Security Act of
1985, as amended, the PARTY OF THE FIRST PART, his
heirs, successors, or assigns, shall conduct all agricultural
operations on the Protected Property in a manner consistent
with a conservation plan prepared in consultation with NRCS
and approved by the Conservation District. This conservation
plan shall be developed using the standards and
specifications of the NRCS Field Office Technical Guide and
7 CFR part 12 that are in effect on Development Rights at the
time of this conveyance. However, the PARTY OF THE
FIRST PART may develop and implement a conservation
plan that proposes a higher level of conservation and is
consistent with the NRCS Field Office Technical Guide
standards and specifications. NRCS shall have the right to
enter upon the Property, with advance notice to the PARTY
OF THE FIRST PART, in order to monitor compliance with
the conservation plan.
(B) In the event of noncompliance with the conservation plan,
NRCS shall work with the PARTY OF THE FIRST PART to
explore methods of compliance and give the PARTY OF THE
FIRST PART a reasonable amount of time, not to exceed twelve
months, to take corrective action. If the PARTY OF THE FIRST
PART does not comply with the conservation plan, NRCS will
inform PARTIES OF THE SECOND PART of the PARTY OF
THE FIRST PART'S noncompliance. The PARTY OF THE
SECOND PART shall take all reasonable steps (including efforts
at securing voluntary compliance and, if necessary, appropriate
legal action) to secure compliance with the conservation plan
following written notification from NRCS that (a) there is a
substantial, ongoing event or circumstance of non-compliance
with the conservation plan, (b) NRCS has worked with the
PARTY OF THE FIRST PART to correct such noncompliance,
and (c) PARTY OF THE FIRST PART has exhausted its appeal
rights under applicable NRCS regulations.
(C) If the NRCS standards and specifications for highly erodible
land are revised after the date of this Grant based on an Act of
Congress, NRCS will work cooperatively with the PARTY OF
THE FIRST PART to develop and implement a revised
conservation plan. The provisions of this section apply to the
highly erodible land conservation requirements of the Farm and
Ranch Lands Protection Program and are not intended to affect
any other natural resources conservation requirements to which
the PARTY OF THE FIRST PART may be or become subject.
(iv)
After the DEVELOPMENT RIGHTS have been acquired by the PARTY
OF THE SECOND PART, any amendments to this Deed of Development
Rights shall be authorized in writing by the United States of America.
THE following covenants shall run with the land in perpetuity and shall be deemed
.pplicable, only if New York State funds are in fact receii, ed by the PARTY OF THE SECOND
~ART for the premises:
(i)
After the DEVELOPMENT RIGHTS have been acquired by the PARTY
OF THE SECOND PART, any amendments to this Deed of Development
Rights shall be authorized in writing by the N.Y.S. Department of Agriculture
and Markets.
THE PARTY OF THE FIRST PART, their heirs, assigns and/or party or parties in
~wful possession of the premises subject to this deed of development rights, pursuant to lease,
cense, or other arrangement, covenant and agree that they shall defend, indemnify and hold the
PARTY OF THE SECOND PART and any of its officers, agents, 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 other costs and expenses which may arise out of (1) any inaccuracy or
misrepresentation in any representation or warranty made by PARTY OF THE FIRST PART in
the subject agreement and/or this deed; (2) the breach or non-performance of any covenants
required by the subject agreement and/or this deed to be performed by the PARTY OF THE
FIRST PART, either prior to or subsequent to the closing of title herein; (3) any action, suit,
claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy
by reason of a violation or non-compliance with any environmental law; or the disposal,
discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any
chemical substances, noises or vibrations to the extent they arise from the ownership, operation,
and/or condition of the premises prior to or subsequent to the execution of the deed of
development rights; or (4) the acts or omissions or negligence of the PARTY OF THE FIRST
PART. This covenant shall run with the land in perpetuity.
IF Federal grants and/or funds are used and/or reimbursed to thc PURCHASER for this
acquisition, the United States of America shall also be deemed to be an indemnified party under
the indemnification as stipulated in the preceding paragraph, and the PARTY OF THE FIRST
PART shall also indemnify the PARTIES OF THE SECOND PART and the United States of
America as to the following:
Violations of any laws and regulations which are now or which may in the future
become applicable and including, but not limited to the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control
Act, as amended, 33 U.S.C. §1251, et seq., the Comprehensive Environmental
Response, Compensation and Liability Act as amended, 42 U.S.C. 9601, et seq., the
Toxic Substances Control Act, as amended, 15 U.S.C. 2601, et seq., the Federal
Insecticide Fungicide and Rodenticide Act, as amended, 7 U.S.C. 136, et seq., and the
Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq. (2)judgments, claims,
demands, penalties or fees assessed against the United States; (3) costs, expenses and
damages incurred by the United States of America, or (4) the release or threatened
release of any solid waste, hazardous waste, hazardous substance, pollutant contaminant,
oil in any form or petroleum product into the environment. This covenant shall mn with
the land in perpetuity.
THIS conveyance is being made during the normal course of business conducted by the
>arty of the First Part with the consent of all its members.
THE WORD "PARTY" shall be construed as if it read "PARTIES" whenever the sense
>fthis indenture so requires.
N WITNESS WHEREOF, the PARTY OF THE FIRST PART has duly executed this deed the
lay and year first above written.
n Presence Off
3HASSEMI & Co., LLC, a New York
semi, Member -
STATE OFNEW YORK )
) SS.:
COUNTY OF SUFFOLK )
· On the 29th day of July, in the year 2009, before me, the undersigned, personally
appeared Sy Ghassemi, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his 'signature on
the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument. ~"~xt /~~~'~
/Signa~ and Qt~ce of,In"'di~
(.~(,/fig Acknowledgment
Record and Return to:
JENNIFER D. TOMEI
1~3tary Public, State of New Yoflt
No. 01TO6076195
Qualified in Suffolk County
~mission Expires June 24, 2010
Bob Zaher
Dept. of Environment & Energy
Div. of Real Property Acquisition &
Management
H. Lee Dennison Bldg. - 2nd Fl.
P.O. Box 6100
Hauppauge, New York 11788
5
ADVANTAGE TITLE AGENCY, INC.
Title No. 09-CS-40690 (611S22972)
SCHEDULE A
ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town .of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the Northerly line of lands now or formerly of Sy and Catherine
Ghassemi, at the intersection formed by the Easterly line of a 25 foot Right of Way with the
Northerly line of Sy and Catherine Ghassemi, said point being the following three (3) courses and
distances from the Northerly line o fMain Road (N.Y.S. Route 25), said point in turn being a distance
of 831.67 feet as measured in a Westerly direction along the Northerly line of Main Road (N.Y.S.
Route 25) from the Westerly line of Rocky Point Road:
North 15 degrees 27 minutes 00 seconds West a distance of 200.13 feet to a point;
North 3 degrees 55 minutes 20 seconds West a distance of 137.34 feet to a point;
North 16 degrees 35 minutes 20 seconds West a distance o f 124.75 feet to the point and place
of beginning;
RUNNING THENCE along the Easterly line of said 25 foot Right of Way and lands now or formerly
of Sy and Catherine Ghassemi the following sixteen (16) courses and distances:
3.
4.
5.
North 16 degrees 35 minutes 20 seconds West a distance of 117.54 feet to a point;
North 16 degrees 14 minutes 00 seconds West a distance of 89.76 feet to a point;
North 15 degrees 10 minutes 00 seconds West a distance of 212.25 feet to a point;
North 12 degrees 37 minutes 40 seconds West a distance of 152.77 feet to a point;
North 13 degrees 56 minutes 20 seconds West a distance of 285.21 feet to a point;
ADVANTAGE TITLE AGENCY, INC.
Title No. 09-CS-40690 (611S22972)
SCItEDULE A (continued)
7.
8.
9~
10.
11.
12.
13.
14.
15.
16.
North 13 degrees 36 minutes 40 seconds West a distance of 262.39 feet to a point;
North 15 degrees 39 minutes 30 seconds West a distance of 200.16 feet to a point;
North 13 degrees 56 minutes 20 seconds West a distance of 199.43 feet to a point;
North 13 degrees 01 minute 50 seconds West a distance of 505.05 feet to a point;
North 13 degrees 00 minutes 20 seconds West a distance of 132.49 feet to a point;
North 11 degrees 47 minutes 00 seconds West a distance of 126.77 feet to a point;
North 13 degrees 40 minutes 10 seconds West a distance of 446.92 feet to a point;
North 12 degrees 41 minutes 40 seconds West a distance of 314.31 feet to a point;
North l 3 degrees 26 minutes 40 seconds West a distance of 558.17 feet to a point;
North 13 degrees 31 minutes 30 seconds West a distance of 436.75 feet to a point;
North 13 degrees 54 minutes 10 seconds West a distance of 328.70 feet to a point and the
Southeasterly line of said 25 foot Right of Way and lands now or formerly of Sy and
Catherine Ghassemi;
THENCE North 45 degrees 28 minutes 20 seconds East along the Southeasterly line of said Right
of Way and lands now or formerly of Sy and Catherine Ghassemi a distance of 149.35 feet to a point;
TIlENCE North l 3 degrees 54 minutes 10 seconds West a distance of 29.05 feet to a point and lands
now or formerly of Sy and Catherine Ghassemi;
ADVANTAGE TITLE AGENCY, INC.
Title No. 09-CS-40690 (611S22972)
SCHEDULE A (continued)
THENCE North 45 degrees 28 minutes 20 seconds East a distance of 128.87 feet to a point and lands
now or formerly of Kanev;
THENCE along lands now or formerly of Kanev and "Map of East Marion Woods" filed in the
Office of the Suffolk County Clerk as Map No. 8759, South 13 degrees 23 minutes 50 seconds East
a distance of 592.86 feet to a point;
THENCE South 13 degrees 05 minutes 50 seconds East a distance of 3940.66 feet to a point and
lands now or formerly of Sy and Catherine Ghassemi;
THENCE South 74 degrees 24 minutes 40 seconds West a distance of 193.56 feet to the point and
place of BEGINNING.
TOGETHER with an easement for ingress and egress to and from the above described premises over
the 25 foot Right of Way as set forth in Liber 12382 Page 930.
PLEASE TYPE OR PRESS FIRMLY WI-IEN WRITING ON FORM.
INSTRUCTIONS: http:l/www.orps.sbebe.ny, us or PHONE (518) 474-6450
FO.c2. 0.=COU" 0..dUSE..ord.dO"LY...--.--., .-- I
Cl. SWIS Code I ~, ~, 5, ~ ~, ~; R~L PROPER~ T~NSFER REPORT
STA~ OF NEW YORK
~ 5TA~ BO~D OF R~L PROPER~ SER~C~
RP - 5217
PROPER~ INFECTION I
I I I
Tax Indi~cte wh~e future Tax Bills ere to be sent
"Slang if ether than buyer addrem (at bottom of form)
(Only If Rert of a Remdl CReek as thw ap~,
Roll gemele tramfa~ad on the deed , , , , # of Remole OR of · Parcel
6. ONd
~p.r~ I IxL JoRI . , . Z.~.O. 51
,.s,b, I ~.//,,L.~'M/ ,,~ ~--.o. /_CO~ I
A [] One Family Residential
ET L~ 2 or 3 Famih, Residential
C I~ Residential Vacant Land
DI I Non-Residential Vacant Land
I SALE INFORMATION I
11. Sale Contract Date
7. Cheek the box below which most accurately dlscribes the u# of the property at the time of lafo:
E ~ricultural [ [] Community Service
F [~ Commemial J [~ Industrial
G~ Apertment KI~ Public Service
HJ.~ EntertalnmentlAmusement L[~ Forest
12. Date of Sale I Tran~er
& Ownmship Type Is Condominium ~I~
9. New Construction on Vacant Land []
1'% FulISlifoP~es [ , , /, 5, ~,~,~'7, ~ ~'", ~0 , 0 [
(Furl Sale Price is the total amount paid for tho propef~y including personal property.
This payment may be in the form of cash, other property or goods, or tho assumption of j
morFgages or otber obligations.) Please round fo the nearest whole doller amount.
14. Indleate the value of pemonal I , , ~ , 0 , 0 I
Indudnd In the sale
!
e
ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Rill
16. Year of Asae~amem Roll from I
v~ IMmnla~on taken ' '
19. Property Class
Significant Change in Property Between Taxable Status and Sale Dates
Sale of Business is Included in Sale Price
Other Unusual Fa~ore Affecting Sale Price (Specify Relow)
None
t /ooo. o l. oo ,
L J r I
I CERTIFICATION I
[ cerfir)' Ilmt aU e~ the Itelm e~ IGfannadaa enleeed aa thb farm see InJe and o~CT tto the beta ~ m). Imowledse aaa hailer) .ad I uadenaaad thai IIw maldr~
o~ mn)' ~dh'~l faLqe ~lmavnt oF nmlelflS] f'~l herein wSl subJed me to the prm't~om of the penni fow eefoth,'e to the mnklnR nnd rdl~ or faL, e Imb.ument. s.
BUYER
BUYER'S ATI'ORNEY
I NEW YORK STATE
COPY