HomeMy WebLinkAboutL 12710 P 483IIII II
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: AGREEMENT
N~mher of Pages: 8
Receipt Number : 12-0126579
TRANSFER TAX NUMBER: 12-07599
District: Section:
1000 101.00
MORTGAGE TAX NUMBER: DD038629
Deed Amount:
Recorded: 11/08/2012
At: 10:04:33 AM
LIBER: D00012710
PAGE: 48 3
Block: Lot:
02.00 004.000
EXAMINED AND CHARGED AS FOLLOWS
$o.oo
Received the Following Fees For Above Instrument
Exempt
Page/Filing
COE
Affidavit
Notation
RPT
Comm. Pres
Mort. Addl
Mort. SplAsst
$4O 00
$5 oo
$o oo
$o oo
$18o oo
$o oo
$o oo
$o oo
TRANSFER TAX NUMBER: 12-07599
NO Handling
NO N¥S SRCHG
NO TP-584
NO Cert. Copies
NO Transfer tax
NO Mort. Basic
NO Mort. SplAddl
NO
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
$20.00
$i5.oo
$5.00
$o.o0
$o.0o
$o.oo
$o.oo
$265.00
Exempt
NO
NO
NO
NO
NO
NO
NO
Number o.f pages
RECORDEO
2012 HDv 08 10:0~:55 A~
JUOtTH A. PASCRLE
CLERK OF
SUFFOLK COUMTY
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
L 000012710
P 483
Of~ t2-07599
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp [ Recording / Filing Stamps
31
FEES
Page / Filing Fee
Handling
TP-584
Notation
~~EA-S2 1
Certified Colby
NYS Surcharge
Other
5. O0
oo ,.bTota,
Grand Total
Real Prope~ 1000 I0100 0200 004000 '~,~
Tax Se~ice ~ 1000 ~0800 0300 007002
Agency~ ~000 Z0800 0300 00700~
Verification
6 Satisfac ......................... ,dress
RECORD & R~URN TO:
'Touchdo~ Abstract Se~iccs, ~nc.
350 Moffi~ Boulev~d
2nd Floor
Islip, New York 11751
. ortgage Amt.
Basic Tax
2. Additional Tax
Sub Total
Spec,/Assit
or
Spec./Add.
TOT. MTG. TAX
Dual Town __. Dual County __
Held for Appointment
Transfer Tax
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
Consideration Amount
CPF Tax Due $
Improved
Vacant Land
TO
TD
TD
Mail to: Judith A. Pascale, Suffolk County Clerk [ 7 I Title Company lnformation
2,10 Center Drive, Riverhead, NY' 11901
Suffolk County Recording & Endorsement Page
This page forms part of the attached Agreement of Non-lntervention with Development Rights made
by: (5 PECIFY TYPE OF INSTRUMENT) ~'-~,~/O/~ ~
The premises herein is situated i
SUFFOLK COUNTY, NEW YORK.
Farm Credit East, ACA
TO In the TOWN of Southold
~ TUTHIT,L and In the VILLAGE
BEATRICE E. TUTHILL or HAMLET of Cutchogu~
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
~ver)
AGREEMENT OF NON-INTERFERENCE WITH DEVELOPMENT RIGHTS
This AGREEMENT, made this /~ day of October, 2012,
BETWEEN FARM CREDIT EAST~ ACA~ as Successor by Merger to
FIRST PIONEER FARM CREDIT~ ACAl 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, Part~ of
the First Part, and ELMER G. TUTHILL and BEATRICE E.
TUTHILL a/k/a BEATRICE TUTHILL~ Husband and Wi.~, both
residing at 129 Bay Avenue, PO Box 2045, Greenport, New
York 11944, 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
$1,600,000.00 dated August 12, 2009 and recorded on
November 19, 2009 at Liber 21883 of Mortgages, at Page 835,
in the Suffolk County Clerk's Office, State of'New York,
which secures the premises at 13936 County Road 48 a/k/a
13936 Middle Road, Cutchogue, Town of Sou~hold, 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 West Cutchogue, Town of Southold, County
of Suffolk and State of New York, more fully described on
SCHEDULE "A" annexed hereto and made a part hereof; and
Dis. 1000
Sec. 101.00
Blk. 02.00
Lot 004.000
Dis. 1000
Sec. 108.00
Blk. 03.00
Lot 007.000
WHEREAS, the present owner of the premises, Party of
the Second Part, desires to convey to the COUNTY OF
SUFFOLK, 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 September 13, 2012 by
Peconic Surveyors, P.C., Land Surveyor, and more fully
described on SCHEDULE "B" annexed hereto; and
The COUNTY OF SUFFOLK, STATE OF NEW YORK desires to
purchase 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 EIGHT HUNDRED FORTY
FOUR THOUSAND FIVE HUNDRED FORTY FIVE AND
15/100'****($844,545.15) 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
COUNTY OF SUFFOLK, STATE OF NEW YORK and shall be subject
to and subordinate to the DEVELOPMENT RIGHTS to be acquired
by the COUNTY OF SUFFOLK, 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 %he
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 COUNTY OF SUFFOLK,
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~F{~RM~CREDIT,
BY: ~ ~c---- ~- ~
STEPHEN R. WEIR, Vice-President
State of New York, County of Suffolk ss:
On the ~ day of October, in the year 2012, 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 5he 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
WILLIAM F. BATES
Notary Public, State Of New %'off(
No. 02BA4671530
Qualified In Suffotk County
Commission Expires December 31,
Record & Return to:
WILLIAM F. BATES, ESQ.
120 Court Street
RiverheadNY 11901-3003
Titt~ Num'ber'SKY-2040-S-09
Schedule A Description
Revised:
08/12/2009
Page 1
TAX LOT 4: (1000-101.00-02.00-004.000)
ALL that certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying, and being at West Cutchogue, in the Town of Southold,
County of Suffolk, State of New York and known as the Henry Gould Farm and bounded
as follows:
BEGINNING at a point which is located the following five (5) courses from the end of a
curve connecting the southerly side of Middle Road, as widened, with the westerly side
of Elijah's Lane, said curve having a radius of 72.00 feet and a length of 103.00 feet,
subtended by a chOrd bearing North 16 degrees 16 minutes 12 seconds East a distance of
94.44:
1) Running thence along the southerly side of Middle Road, as widened, along an arc of a
curve beating to the right having a radius of 2832.79 feet a distance of 173.48 feet;
2) Continuing along the southerly side of Middle Road, North 63 degrees 43 minutes 40
seconds East 1340.17 feet;
3) Continuing along the southerly side of Middle Road, along an arc of a curve having a
radius of 11519.16 feet a distance of 186.54 feet, subtended by a chord bearing North 63
degrees 15 minutes 51 seconds East to a point;
4) Thence South 26 degrees 16 minutes 20 seconds East 512.03 feet;
5) Thence South 29 degrees 04 minutes 00 seconds East 6.00 feet to the true point of
BEGINNING;
RUNNING THENCE South 29 degrees 04 minutes 00 seconds East 337.29 feet to a
point;
THENCE.South 59 degrees 53 minutes 10 seconds West 619.97 feet to the concrete
monument;
THENCE North 25 degrees 59 minutes 10 seconds West 337.29 feet to a point;
THENCE North 59 degrees 48 minutes 27 seconds East 601.85 feet to the point or place
of BEGINNING
TAX LOT 7: ( 1000-108 . 00-03 . 00-00"/. 000 )
ALL that certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying, and being at West Cutchogue, in the Town of Southold,
County of Suffolk, State of New York and known as the Henry Gould Farm and bounded
and described as follows:
Title N un'bet' SKY-2040-S-09
Schedule A Description -
. .~ntinued
Revised: 08/12/2009
Page 2
BEGINNING at a monument set in the northwesterly corner of the within premises about
to be described; said monument being 1202.14 feet easterly from a monument set in the
easterly side of Elijah's Lane where same is intersected with the southwesterly comer of
land of the M.T.A. (L.I.R.R.);
RUNNING THENCE North 59 degrees 53 minutes 10 seconds East ('North 55 degrees 00
minutes 47 seconds East, per deed recorded in Liber 11824 Page 681) 1140.00 feet along
land of M.T.A. (L.I.R.R.) to land now or formerly of Carnation Properties, Incorporated;
THENCE along said land South 27 degrees 52 minutes 38 seconds East (South 32
degrees 45 minutes 01 seconds East, per deed recorded in Liber 11824 Page 681) 2113.72
feet to a concrete monument and land now or formerly of Peltegrini;
THENCE along said land and land now or formerly of Pellegrini, land now or formerly of
Cross and the Town of Southold and land now or formerly of Zurawski the following two
(2) courses and distances:
1. South 56 degrees 38 minutes 48 seconds West (South 51 degrees 46 minutes 25
seconds West per deed recorded in Liber 11824 Page 681) 627.74 feet;
2. South 74 degrees 00 minutes 06 seconds West (South 69 degrees 07 minutes 43
seconds West per deed recorded in Liber 11824 Page 681) 560.89' feet part of the distance
through a pond, to land now or formerly of Croon and the Town of Southold;
THENCE along said land North 26 degrees 53 minutes 32 seconds West (North 31
degrees 45 minutes 55 seconds West per deed recorded in Liber 11824 page 861) 2013.98
feet to a monument at the point or place of BEGINNING
TOGETHER with a right of way to the South Country Road (now known as NYS Route
25).
TOGETHER with a right of way from both of the above tracts of land through land
formerly of Ernest Tuthill, formerly Gilbert Grathwohl, North to the Middle Country
Road (now known as County Route 48), the said right of way being to the west of the
land belonging to the Heirs of Elijah W. Tuthill.
Title Nu.mber TDA-12-1183
Schedule ,~, Description
Page I
All that certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and being at West Cutchogue, in the Town of
Southold, County of Suffolk, State of New York being bounded and described as
follows;
BEGINNING at a point on the southerly line of lands now or formerly of the Long
Island Rail Road (M.T.A.), said Point of Beginning being the following two (2)
courses and distances from the intersection formed by the easterly line of lands
now or formerly of J. Croon Realty LLC.with the southerly line of a 50 foot Right
of Way
(1) North 26 degrees 53 minutes 32 seconds West a distance of 1731.98 feet to
a point:
(2) Nodh 59 degrees 53 minutes 10 seconds East a distance of 621.46 feet to a
point, said point in turn is the following five (5) courses and distances along the
southerly and easterly side of said Right of Way from the easterly side of Elijahs
Lane;
(1) North 63 degrees 40 minutes 08 seconds East a'distance of 607.00 feet to a
point;
(2) South 26 degrees 12 minutes 12 seconds East a distance of I48.47 feet to a
point and the beginning of a curve to the left;
(3) Along said curve to the left having a radius of 75.00 feet a distance of 103.55
feet to a point;
(4) North 74 degrees 41 minutes 12 seconds East a distance of 373.51 feet to a
point;
(5) North 63 degrees 47 minutes 48 seconds East a distance of 195.16 feet to a
point;
RUNNING THENCE from the true point and place of beginning along the lands
now or formerly of the Long Island Rail Road (M.T.A.) North 59 degrees 53
minutes 10 seconds East a distance of 518.54 feet to a point and lands now or
formlery of Carnation Properties I nc.;
THENCE South 27 degrees 46 minutes 48 seconds East along lands now or
formerly of Carnation Properties, Inc., a distance of 2113.31 feet to a monument
and lands now or formerly of Pellegrini Holdings, LLC;
THENCE South 56 degrees 38 minutes 48 seconds West a distance of 290.96
feet to a point;
THENCE the following ten (10) courses and distances through lands of the party
of the first part:
Schedule A Description - continued
Title Numb.er TDA-12-1183
Page 2
(1) North 28 degrees 54 minutes 19 seconds West a distance of 595.45 feet to a
point;
(2) South 61 degrees 11 minutes 26 seconds West a diStance of 550.17 feet to
a point;
(3) South 10 degrees 15 minutes 33 seconds West a distance of 208.53 feet to
a point and a curve to the right;
(4) Along a curve to the right having a radius of 25.00 feet a distance of 22.99
feet to a point;
(5) South 62 degrees 57 minutes 02 seconds West a distance of 115.19 feet to
a point and a curve to the right;
(6) Along a curve to the right having a radius of 25.00 feet a distance of 39.34
feet to a point;
(7) North 26 degrees 53 minutes 32 seconds West a distance of 1609.22 feet to
a point and a curve to the right;
(8) Along a curve to the right having a radius of 25.00 feet a distance of 37.86
feet;
(9) North 59 degrees 53 minutes 10 Seconds East a distance of 549.20 feet to a
point and a curve to the left;
(10) Along a curve to the left having a radius of 25.00 feet a distance of 39.27
feet to the Point and Place of BEGINNING.
For information only:
Dist: 1000 Sec: 108,00 BIk: 03.00 Lot: PlO 007.000