HomeMy WebLinkAboutL 12012 P 752 DEED OF DEVELOPMENT RIGHTS
2� THIS INDENTURE, made this 29th day of December, 1999 BETWEEN
GEORGE T. CONWAY residing at 205 Booth Road, Southold, N.Y. 11971
J
U party of the first part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office
and principal place of business at Main Road, Town of Southold, County of
Suffolk and State of New York, party of the second part;
WITNESSETH, that the party of the first part, in consideration of$ 10.00
Jae (ten dollars) lawful money of the United States and other good and valuable
consideration paid by the party of the second part,
DOES HEREBY GRANT AND RELEASE unto the party of the second
part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by
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which is meant the permanent legal interest and right, as authorized by section
®DI. Od S
247 of the New York State General Municipal Law, as amended, to permit,
require or restrict the use of the premises exclusively for agricultural production
as that term is presently defined in Chapter 25 of the Town Code of the Town of
Southold, and the right to prohibit or restrict the use of the premises for any
purpose other than agricultural production, to the property described as follows:
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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, bounded and
described as follows:
SCHEDULE A - DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold,
County of Suffolk and State of New York bounded and described as follows:
BEGINNING at a point on the westerly side of Horton's Lane at the southeasterly corner of the premises herein
described and the northeasterly corner of land now or formerly of W. J. Conway;
RUNNING THENCE South 59 degrees 43 minutes 00 seconds West along said land now or formerly of W. J.
Conway, 643.24 feet to land now or formerly of Donahue;
THENCE northerly along said land now or formerly of Donahue, the following two (2) courses and distances:
1. North 38 degrees 41 minutes 00 seconds West, 524.28 feet; and
2. North 41 degrees 48 minutes 40 seconds West, 300.00 feet to the easterly side of Middle Road (C.R. 48)
THENCE North 55 degrees 41 minutes 50 seconds East along said easterly side of Middle Road (C.R. 48),
15.13 feet to land now or formerly of Timothy Scott Gray;
THENCE South 41 degrees 48 minutes 40 seconds East along said land now or formerly of Timothy Scott Gray,
307.35 feet;
THENCE North 54 degrees 25 minutes 40 seconds East still along said land now or formerly of Timothy Scott
Gray and later along land now or formerly of James Gray, Jr. and land now or formerly of Pudge Corp., 781.33
feet to the westerly side of Horton's Lane;
THENCE South 23 degrees 00 minutes 00 seconds East along the westerly side of Horton's Lane, 410.23 feet
to land now or formerly of William Conway (Estate);
THENCE along said land now or formerly of William Conway (Estate) the following three (3) courses and
distances:
1. South 59 degrees 43 minutes 00 seconds West, 175.00 feet;
2. South 23 degrees 00 minutes 00 seconds East, 140.00 feet; and
3. North 59 degrees 43 minutes 00 seconds East, 175.00 feet to the westerly side of Horton's Lane;
THENCE South 23 degrees 00 minutes 00 seconds East along said westerly side of Horton's Lane, 39.06 at the
point or place of BEGINNING.
TOGETHER with the non-exclusive right, if any, of the party of the first
part as to the use for ingress and egress of any streets and roads abutting the
above described premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and to said premises, insofar as the rights granted
hereunder are concerned.
TO HAVE AND TO HOLD the said Development Rights in the premises
herein granted 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 part has
not done or suffered anything whereby the said premises have been
encumbered in any way whatever, except as aforesaid. The party of the first
part, as a covenant running with the land in perpetuity, further covenants and
agrees for the party of the first part, and the heirs, legal representatives,
successors and assigns of the party of the first part, to use the premises on and
after the date of this instrument solely for the purpose of agricultural production
as defined herein.
AND the party of the first part, as a covenant running with the land in
perpetuity, further covenants and agrees for the party of the first part, and the
heirs, legal representatives, succesors and assigns of the party of the first part,
that the par Is of real property described herein are open agricultural lands w
V"A5 mon
actually used in bona fide agricultural production as defined in GML section 247
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as shall remain open landsactually used in bona fide agricultural production.
This covenant shall run with the land in perpetuity.
AND the party of the first part, covenants in all aspects to comply with
Section 13 of the Lien Law, as same applies with said conveyance.
THE party of the first part and the party of the second part do hereby
convenant and agree in perpetuity that either of them or their respective heirs,
successors, legal representatives or assigns, shall only use the premises on and
after this date for the purpose of such agricultural production and the grantor
covenants and agrees that the underlying fee title to the property described
herein may not be subdivided into plots by the filing of a subdivision map
pursuant to Sections 265, 276 and 277 of the Town Law and Section 335 of the
Real Property Law, or any of such sections of the Town or Real Property Law or
any laws replacing or in furtherance of them. The underlying fee may be divided
by conveyance of parts thereof to heirs and next of kin, by will or by operation of
law, or with the written recordable consent of the Purchaser. This covenant
shall run with the land in perpetuity.
THE word "party" shall be construed as if it reads "parties" whenever the
sense of this indenture so requires.
THE party of the first part, the heirs, legal representatives, successors
and assigns of the party of the first part covenants and agrees that it will (a) not
generate, store or dispose of hazardous substances on the premises, nor allow
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others to do so; (b) comply with all of the Environmental Laws; allow party of the
second part and its agents reasonable access to the premises for purposes of
ascertaining site conditions and for inspection of the premises for compliance
with this agreement after notice. This covenant shall not preclude lawful,
normal and proper application of legal fertilizers, pesticides and fungicides for
legitimate agricultural purposes. This covenant shall run with the land in
perpetuity.
THE party of the first part, its heirs, legal representatives, successors
and assigns of the party of the first part covenants and agrees that it shall
indemnify and hold 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 misrepresentation in any
representation or warranty made by seller in this agreement; (2) the breach or
non-performance of any convenants required by this agreement to be performed
by the party of the first part, subsequent to the closing of title herein; or (3) any
action, suit, claim, or proceeding seeking money damages, injunctive relief,
remedial action, or other remedy by a party other than Purchaser, its agents or
employees, by reason of a violation or non-compliance with any environmental
law; or the improper 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
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condition of the premises prior to or subsequent to the execution of the deed of
Development Rights. This covenant shall run with the land in perpetuity.
AS set forth in Chapter 25 of the Town Code of the Town of Southold
DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of
that chapter shall not thereafter be alienated, except upon the affirmative vote of
a majority of the Town Board after a public hearing and upon the approval of the
electors of the Town voting on a proposition submitted at a special or biennial
town election. No subsequent amendment of the provisions of this subsection
sha!I alter the limitations imposed upon the alienation of development rights
acquired by the Town prior to any such amendment. This covenant shall run
with the land in perpetuity.
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first written above.
Seller:
EORGE T. CONWAY
Purchaser: Town of Southold
By: C or—\", T"✓
J N W. COCHRAN, SUPERVISOR
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STATE OF NEW YORK)
)SS
COUNTY OF SUFFOLK)
On the day oo 1999, before me, the undersigned, personally appeared
6COrL6e T A3t.�� personally known to me or provided to me on the basis
of satisfactory evidence to be t e individual(s)whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instru e
Notary Public , 's
MOLLY T. PELLICANE
Notary Public, State of New York
Suffolk County-4631730 N
Commission Expires Apra 30, 204D
OFA-N}*CORK)
)SS
COUNTY OF SUFFOLK) ' J
On the�day of F�C �/ 1999, before me, the undersigned, personally appeared
Te,4.6 (J CIOC'Nit personally known tome or provided tome on the basis
of satisfactory evidence to be the individual(s)whose name(s) is(are) subscribed to the
within instrument and acknowledged to me that he/she/they executed in the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
Notary Pu is
MOLLY T. PELLICANE A
Notary Public, State of New York
Suffolk County-4631730 �\
Commission Expires Aprll 30, 20 b
ty
.24r 07
1 2 — _ 3
12012H752 - a �,
Number of pages °'f =1!-Tr,;� RECORDED
TORRENS JAN 1 1 2000
Serial# TRANSFER TAX I000 JAN I I A C� I I
Certificate# /S/�U�F11F��1O1LK
WUNTY
U. Y CLERK
Prior Ctf. # 24 :07
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
4 1 FEES
Page/Filing Fee N _ Mortgage Amt.
Handling 1.Basic Tax
TP-584 _ 2.Additional Tax
Notation Sub Total
EA-52 17(County) Sub Total Spec./Assit.
Or
EA-5217(State) Spec./Add.
R.P.T.S.A. LStiD ,y i TOT.MTG. TAX
Comm. of Ed. 5 00 Ty Dual Town Dual County
Held for Apportionment
Affidavit + yy, , Transfer Tax
IN
Certified Copy �� Mansion Tax
The property covered by this mortgage is or
Reg. Copy will be improved by a one or two family
Sub Total _ dwelling only.
Other �j YES or NO
GRAND TOTAL L 1 If NO, see appropriate tax clause on page#
of this instrument.
5 PEs„ Real Property Tax Service Agency Verification 6 Community Preservation Fund
Cotarry Dist. Section B lock LotLFa
n Amount $ /Oa� Ir- w
Stamp ( O!� C7 063 -66 '9160 pp/. oO5e $
10
e roved
Initi<fs V cant Land
_.RE
Satisfactions/Discharges/Releases List Property Owners Mailing AddreRECORD&RETURN TO: 000 ITy D
/�5� � st�l tl� �� `'
8 Title Company Information
Co. Name �JI77�10 C(JC L�f
Title# k U d
791— Suffolk Comty Recording & Endorsement Page
This page forms part of the attached 4" made by:
(SPECIFY TYPE OF INSTRUMENT)
�— The premises herein is situated in
SUFFOLK COUNTY, W YORK.
TO In the Township of
6-t In the VILLAGE
or HAMLET of
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
• PLEASE TYPE Oft PRESS FIRMLY WHEN WRITING ON FORM
INSTRUCTIONS: http://vuvirmorps.state.ny.us or PHONE (518) 473-7222
REAL PROPERTY TRANSFER REPORT
,
STATE OF NEW YORK
STATE BOARD OF REAL PROPERTY SERVICES
RP - 5217
RP.5219 Rev Y97
LOCBHOn STREET NU BEP STIIEET NAME
I I I I
CITY OR TOWN VILLAGE ZIP CODE
2.Buys I Tv w N D ru rf o 7 I I
Name LAST NAME I COMPANY FIRST NAME
I I I
LAST NAME/COMPANY FIRST NAME
3.Tax Indicate where future Tax Bills are to be sent
Billing if other than buyer address(at bottom of form) I
Address LAST NAME COMPANY FIRST NAME
I I I I
STREET NUMBED AND STREET NAME CITY OR TOWN STATE LP CODE
4.Indicate the number of Assessment (Only❑ (Only if Part of a Parcel)Check as they apply:
Roll parcels transferred on the deed I N of Parcels OR Part of a Parcel
M.Planning Board with Subdivision Authority Exists ❑
5.DeedQ� 4B.Subdivision Approval was Required for Transfer E]Property I X I I OR •5. O 4C.Parcel Approved for Subdivision with Map Provided ❑
Sire FRONT FEET DEPTH ACRES /n7 ' / T
6.Seller o JU u) I G-�UY�-(J f'"
Name uST NAME/COMPANY FIRST NAME
I
" r IAST NAME I COMPANY FIRST NAME
7.Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply:
8.Ownership Type is Condominium ❑
A One Family Residential $ Agricultural I Community Service 9.New Construction on Vacant Land ❑
B 2 or 3 Family Residential F Commercial J Industrial 10A.Property Located within an Agricultural District
C Residential Vacant Land G Apartment K Public Service 10B.Buyer received a disclosure notice indicating ❑
D Non-Residential Vacant Land H Entertainment/Amusement L Forest that the property is in an Agricultural District
15.Check one or more of these conditions as applicable to transfer:
11.Sale Contract Date I / / A Sale Between Relatives or Former Relatives
Month Day year B Sale Between Related Companies or Partners in Business
- S C One of the Buyers is also a Seller
12.Date of Sale/Transfer L C / C/I D Buyer or Seller is Government Agency or Lending Institution
Month Day year E Deed Type not Warranty or Bargain and Sale(Specify Below)
.. F Sale of Fractional or Less than Fee Interest(Specify Below)
/ r I G Significant Change in Property Between Taxable Status and Sale Dates
13.Full Sale Price V b J 0 O H Sale of Business is Included in Sale Price
7 7
i (Full Sale Price is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below)
This payment may be in the form of cash,other property or goods,or the assumption of J None —
mortgages or other obligations.) Please round to the nearest whole dollar amount. -- .}
t)QIL nm PN�It O I� K f i
14.Indicate the value of personal V
property included in the sale I 7 ! U r u G
16.Year of Assessment Roll from ���� a 7 ,
which information taken 17.Total Assessed Value(of all parcels in transfer)
7 7 7
18.Property Clan —L---J 19.School District Name 5
20.Tax Map Identifier(s)/Roll Identifier(s)(B more than four,attach sheet with additional identNer(s))
I certify that all of the items of information entered on this form are true and correct(to the best of my knowledge and belief)and I understand that the making
of any wBlful false statement of material fact herein will subject me to the provisions of the penal law relative to the making and filing of false instruments.
BUYER BUYER'S ATTORNEY
( R SIGNATURE _ OAIE LAST NAME FIRST NA
\� I '—TkE f�grtE IAFfEJ(5> �� AREA CODE TEIFPHONE NUMBER
S`1/TE7NUMBjE'�R s U .t J J'�C
wUSTO L-u C.i I/l STA4414.E • l
TVORT N
SELLER
SELLERS IATURE 09T