HomeMy WebLinkAboutL 12683 P 182SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: AGREEMENT
Number of Pages: 7
Receipt Number : 12-0009057
District: Section: Block:
1000 108.00 04.00
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt
Page/Filing $35.00 NO Handling
COE $5.00 NO NYS SRCHG
Affidavit $0.00 NO TP-584
Notation $0.00 NO Cert. Copies
RPT $50.00 NO
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Recorded:
At:
LIBER:
PAGE:
Lot:
001.003
$20.00
$15.00
$0.00
$0.00
$125.00
01/25/2012
03:45:29 PM
D00012683
182
Exempt
NO
NO
NO
NO
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
RECORDED
2012 Jan 25 03:45:29 PM
JUDITH A. PASC~LE
CLERK OF
SUFFOLK COUNTY
L D000t2683
P 182
Deed/Mortgage instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
Page / Filing Fee
Handling
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A. + ~
Comm. of Ed.
Affidavit
Certified Copy
NYS Surcharge
Other
4 Dist./ea"~
Rea] Property
Tax Service
Agency
Verification
1000 10800 O~lO0 001003
looo xoeoo 0400 001004
5. O0
15. 00 Sub Total -'~ ~
Grand Total / ~-~"' --
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG, TAX
Dual Town ' Dunl County
Held for Appointment.
Transfer Tax
Mansion Tax
The properly covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES__ or NO
If NO, see appropriate tnx clause on
page # ~ of this instrun~ent,
5 Community Preservation Fund
Consideration Amount $
CPF 'Pax Due $
Improved
~ISatisfactions/Discharges/Releases List Property Owners Mailing Address --
~ RECORD & RETURN TO: Vacan[ Land
TD
I Mail to: Judith A. Pascale, Suffolk County Clerk [ 71 Title Company Information
I 310 Center Drive, Riverhead, NY 11901 Ice Name ~o~r 7~t'r& '
I www. suffolkcountyny, gov/clerk I ' _ ' ~
I : I Title g ~'~ i-/~
Suffolk Coun(v Recordin & Endorsement p
g · age
This page forms pa~ of the attached ~d~o~ ~./~~ al~ ~~ ~t~ ~:
(SPECIFY TYPE OF INSTRUMENT) e
The premises herein is sit~ated in / ~ ,~)
SUFFOLK COUNTY, NEW YORK. 'k' ~<~
. ~~ Z Z~ ~. a~ V~LL~¢~ '~
or HAMLET of '~&m~
BOXES ~ THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over}
AGREEMENT OF NON-INTERFERENCE WITH DEVELOPMENT RIGHTS
This AGREEMENT, made this 8th day of December, 2011,
BETWEEN FARM CREDIT EAST, ACA, as Successor by Merger to
FIRST PIONEER FARM CREDIT, ACA, A Corporation organized and
existing under the Laws of the United States under the Farm
Credit Act of 1971, as Amended, having its principal place
of business at 1281 Route 58, Riverhead NY 11901, Party of
the First Part, and PINDAR VINEYARDS LLC, A New York
Domestic Limited Liability Company, having its principal
place of business at 591 Bicycle Path, Suite A, Port
Jefferson Station, New York 11776, Party of the Second
Part;
WITNESSED:
WHEREAS, the Party of the First Part now owns and
holds a Credit Line Mortgage in the principal amount of
$2,250,000.00 dated July 16, 2007 and recorded on July 27,
2007 at Liber 21574 of Mortgages, at Page 929, in the
Suffolk 'County Clerk's Office, State of New York, which
secures the premises at 18625 Main Road (Route 25),
Mattituck, Town of Southold, County of Suffolk and State of
New York, more particularly bounded and described as:
ALL that certain plot, piece or parcel of land, with
the buildings and improvements thereon erected, situate,
lying and being at Mattituck, Town of Southold, County of
Suffolk and State of New York, more fully described on
SCHEDULE WA" annexed hereto and made a part hereof; and
Dis. 1000
Sec. 108.00
Blk. 04.00
Lot 001.001
WHEREAS, the present owner'of the premises, Party of
the Second Part, desires to convey to the TOWN OF SOUTHOLD,
STATE OF NEW YORK, the rights of development~to part of the
subject parcel of land per the description and survey of
said conveyance dated November 1, 2011 and revised November
17, 2011 and November 21, 2011 by John C. Ehlers,
Land Surveyor, and more fully described on SCHEDULE
annexed hereto; and
--.%
The TOWN OF SOUTHOLD, STATE OF NEW YORK desires to
p%rchase said DEVELOPMENT RIGHTS without interference or
objection from the Party of the First Part.
NOW, THEREFORE, in consideration of the premises
herein and also in consideration of F~UR HUNDRED EIGHT
THOUSAND AND 00/100*****($408,000.00)~-DOLLARS and other
good and valuable consideration, paid to the Party of the
First Part, the receipt whereof is hereby acknowledged, the
Party of the First Part hereby covenants and agrees that
the subject Mortgages of said Party shall not interfere
with the purchase and holdings of said DEVELOPMENT RIGHTS
by the TOWN OF SOUTHOLD, STATE OF NEW YORK and shall be
subject to and subordinate to the DEVELOPMENT RIGHTS to be
acquired by the TOWN OF SOUTHOLD, STATE OF NEW YORK.
DEVELOPMENT RIGHTS shall mean the permanent legal
interest and right to prohibit or restrict the use of the
Property for uses or purposes consistent with the terms of
this Easement, including Agricultural Production as that
term is presently referenced in Section 247 of the General
Municipal Law and/or defined in Chapter 70 of the Town Code
of the town of Southold (the ~Town Code" or ~Code") now, or
as said Chapter 70 may be amended, and including the
production of crops, livestock and livestock products as
defined in Section 301(2) (a)-(j} of the New York State
Agriculture and Markets Law (~Agriculture and Markets
Law"). ~No future restrictions in said laws and/or Code or
limitation in the definitions set forth in said laws and/or
Code shall preclude a use that is permitted under the
current law and/or Code.
This Agreement may not be changed or terminated
orally. This Agreement shall bind and endure to the
benefit of the Parties hereto and to the TOWN OF SOUTHOLD,
STATE OF NEW YORK, their respective heirs, personal
representatives, successors and assigns. The word "Party"
shall be construed as if it read ~Parties" whenever the
sense of this Agreement so requires.
IN WITNESS WHEREOF, the said Party of the First Part
has duly executed this Agreement the date and year first
above written.
FARM CREDIT EAST, ACA as Successor by
Merger to FIRST PIONEER FARM CREDIT,
BY: _~=~.--~ ~
STEPHEN R. WEIR, Vice-President
State of New York, County of Suffolk ss:
On the 8th day of December, in the year 2011, before
me, the undersigned, personally appears STEPHEN R. WEIR,
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.
Notary Public
WI~IAM F, B~ES
No~ Pubtic. State ~ NewYo~ Record & Return to:
No. 02BA4671 ~0
Commission Expires December 31, -
WILLIAM F. BATES, ESQ.
120 Court Street
Riverhead NY 11901-3003
Title No: R1-~CO7300892
SCHEDULE A- DESCR~PTZON '
PARCEL 1'
ALL that certain plot,, piece, or parcel of land, situate,.lying and being .at Mattituck, Town of
$outhold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point which is the Southwesterly corner of the premises about to 'be described,
which said point is distant the following Two (2) courses and distances from a monument on the'
No'rtherly side of Main Road (State Route 25) distance 1,190 more or tess feet Westerly from the
corne, r formed by the intersection of the Easterly side of Elijah's Lane with the Northerly side of
Main Road (State Route 25):
1.) RUNNING along the Northerly side of Main Road, South 76 degrees 45 minutes 37 seconds
West 244.00 feet;
2.) THENCE North 34 degrees 24 mi~utes 53 seconds West 298.33 feet to said point of
BEGINNING.
RUNNING THENCE from said. point of beginning along ~and now or formerly Of HenrYRutkoski and
Helen Rutkoski the following Two (2) courses and distances: ·
1.) North 34 degrees 24 minutes 53 seconds West 26.67 feet;
2.) North 36 degrees 09 minutes 45 seconds West 2672.93 feet to land now or formerly of. Long
Island RailRoad;
RUNNING THENCE along said land 'now or formerly of Long Island RailRoad, North 46 degrees 14
minutes 21 seconds East, 336.89 feet to land as shown on the Map'of Elijah's Lane Estates, Section
3 filed 10/08/96 as Map No. 9913;
RUNNING THENCE along said land on said Map and along land on the Map of Elijah's. Lane Estates,
Section 2, filed 10/08/96 as Map No. 9912 the following Eigh. t (8) courses and distances:
1.) South 40
2.) South 36
3.) South 34
'4.) South 38
5.) South 37
.6.) South 37
7.) South 36
degrees 09 minutes 50
degrees 31 minutes 50
degrees 42 minutes 50
degrees 31 minutes 50
degrees 02 minutes 50
degrees 36 minutes 50
degrees 32 minutes 50
r
8.) South 38 degrees 30 minutes 50
(Recharge Area);
seconds East, 140.51 feet;
seconds East, 423.50 feet;
seconds East, 492.40 fe~t;
seconds East, 643.60 feet;
seconds East, 566~37 feet;
seconds East, 297.63 feet;
seconds East 162.95 feet;
seconds East, 101.20 ~eet to lan~ of New. York State
Certificate of Title
RUNNING THENCE along land of New York State South 51 degrees 30 minutes 17 seconds West,
170.98 feet to a monument;
RUNNING THENCE Westerly through land of Agnes B. Grabokst, which !line is also the Northerly side
of Parcel II, South 76 degrees 45 minutes 37 seconds West, 230.30 feet to t. he point or place of
BEGINNING. ~
PARCEL ;Z! ..
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, 'in the Town of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point of the Northerly side· of Main Road where the same is Intersected by the
South West corner of land of New York State (Recharge Area) and the South East corner of the
.premises about to be described herein; said point also distant 1,190 feet more or less Westerly as
measured along the Northerly side of Main Road from the corner formed by .the intersection of the
Easterly side·of Elijah's Lane with the Northerly side of Main Road;
.RUNNING TH.ENGE from·said point or place of beginning-alongthe~-Northerly side of Main Road,
South 76 degrees 45 minutes 37 seconds West, 244.00 feet to land now or formeHy of Edward F.
Ratios;
RUNNING THENCE along said land now or formerly of Edward F. Rutkoski and along lan'd now or
formerly of Henry Rutkoskl and Helen Rutkoski North 34 degrees 24 minutes 53 seconds West,
298.33 feet;
RUNNING THENCE Easterly through land now or formerly of Agnes B.' Graboski North 76 degrees 45
minutes 37 seconds East, 230.30 feet to a monument set on the North West corner of land of New
York State (Recharge.Area);
RUNNING THENCE along Said land Of New York State (Re~:harge Area) South 16 degrees 49, minutes
33 seconds East, 303.55 feet to the point or place of BEGINNING.
Dis. L1000
Sec. 108.00
Blk. '04.00
Lot 001.001
t,2/.00/~01t 00:23 6317652752 RBRUER PAGE 01/03
_stewart
title insurance company
SCHEDULE B- DESCRIPTION
NEW YORK ML~'~tO
212-922-159,3 fax
stowannewyo~.~m
Title No.: STI1-12359
AMENDED 1//28/2011
DEVELOPMENTAL RIGHT~ EASEMENT AREA
ALL that certain plo£, piece or parcel of land, situate, lying and being at Mattituck, Town of South0ld,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road (State Route 25) where the same is
intersected by the southwest comer of land of New York State (Recharge Area) and thc southeast comer
of the Reserve Area described herein; said point being also distant 1,190-J: feet westerly as measured
along the northerly side of Main Road (State Route 2~) from the comer formexl by the intersection of the
westerly side of Elijah's Lane with the northerly side of Main Road (State Route 25);
RUNNING THENCE along the northerly side of Main Road (State Route 25) South 76 degrees 45
minutes 37 seconds West. 244.00 feet to the division line between Reserve Area and land now or
formerly of Edward F. Rutkoski;
THENCE along said land and along land now or formerly of Henry Rutko~ki and Helen Rulkoski the
following two (2) courses and distances:
1. North 34 degrees 24 minutes 53 seconds West, 325.00 feet;
2. North 36 degrees 09 minutes 45 seconds West, 212.49 feet to the true point or place of BEGINNING.
THENCE along the division line between Development Rights Easement Area to be described and land
now or formerly of Henry Rutkoski and Helen Rutkoski North 36 degrees 09 minutes 45 seconds West,
2,460.44 feet to land now or formerly of the Long Island Rail Road;
THENCE along said land North 46 degrees 14 m~nutes 2l seconds East, 336.89 feet to a rail road
monument and land shown on Map of Elijah's Lane Estates, Section 3, filed 10/8/1996 as Map No. 9913;
?~CE along said land the following six (6) courses and distances;
1. South 40 degrees 09 minutes 50 seconds East, 140.51 fe~t;
2. SOuth 36 degrees 31 minutes 50 seconds Fast, 423.50 feet;
3. South 34 degrees 42 minutes 50 Seconds East. 492.40 feet;
4. South 38 degrees 31 minutes 50 seconds East, 643.60 feet;
5. South 37 degrees 02 minutes 50 seconds East, 566.37 feet;
6. South 37 degrees 36 minutes 50 seconds East, 230.27 feet to a point;
THENCE South 52 degrees 23 minutes 05 seconds West, 375.3l feet to the true point or place of
BEGINNING.
Dis. 1000
Sec. 108.00
Blk. 04.00
Lot 001.001 p/o