HomeMy WebLinkAboutL 12860 P 890 imumumimmi
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: CORRECTION / DEED Recorded: 04/18/2016
Number of Pages: 11 At: 01 :25:14 PM
Receipt Number : 16-0059188
TRANSFER TAX NUMBER: 15-26044 LIBER: D00012860
PAGE : 890
District: Section: Block: Lot:
1000 115.00 08.00 003.005
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $252,609.50
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $55. 00 NO Handling $20. 00 NO
COE $5 .00 NO NYS SRCHG $15. 00 NO
EA-CTY $5 . 00 NO EA-STATE $250. 00 NO
TP-584 $5 . 00 NO Notation $0. 50 NO
Cert.Copies $13 . 75 NO RPT $400. 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0.00 NO
Fees Paid $769 .25
TRANSFER TAX NUMBER: 15-26044
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
L 2
RECORDED
Number of pages I ( 2016 Apr 18 01:25:14 PM
JUDITH A, PASCRLE
CLERK OF
This document will be public SUFFOLK COUNTY
L 000012860
record. Please remove all P 890
Social Security Numbers DM 15-26044
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
•
Page/Filing Fee C .— /)/Mortgage Amt.
1. Basic Tax
Handling 2. Additional Tax
TP-584S � Sub Total
T V Spec./Assit.
Notation
or
EA-52 17(County) Sub Total Spec./Add.
EA-5217(Sta v Jc TOT.MTG.TAX
�\ 4L� um Dual Town Dual County
R.P.T.S.A. / '''''.
Held for Appointment
Comm.of Ed, 5. 00 * Transfer Tax
+ 111.4..;'+. Mansion Tax
� , p 3 —7, . - _ -' The property covered by this mortgage is
t� fied Copy I I or will be improved by a one or two
NYS Surcharge 15. 00S-3 ' family dwelling only.
Sub Total � YES or NO
Other _
Grand Total T,P-S" If NO,see appropriate tax clause on
page# of this instru mept•.
i/14-Call 3 l 0)t
4 Dist./� 16011164 SQ-e- ( 4fat (fricd. pp/ 5 Community Preservation Fund
Real Property PTS Consideration Amount$ D 1
Tax Servi e R LPA A IIIIIIIIIPJIIUJTJO]lIII �5 -1DAgency 1PR-1 CPF Tax Due $
Vdt `ction
} - - - -
jj Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: 'Vacant Land
MEI-AN,g: d oRGSK/
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Mail-to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
Sfl-,er Ti rMS,C/o.
www.suffoikcountyny.gov/cierk Title# ST7S-asy7�2
8 Suffolk County Recording & Endorsement Page
4 Q,40( eC+r Oil
This page forms part of the attached 4142Erv4E21 1 t dr 1)„,:vez.)Pm ,P/d dXr made by:
(SPECIFY TYPE OF INSTRUMENT)
Gl/ALKEZ/1//eC.4. , 4—LC , The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of S'D U77fo/d
T W.) o P S'oU'rf/AMP-rai✓ In the VILLAGE
or HAMLET of P9.9-Tr/ru ciK
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING,
pTS
• Doc ID: 16011164 R LPA A
18-APR-16
Tax Maps
District Secton Block Lot School District Sub Division Name
1000 11500 0800 003005
1000 11500 0800 003006
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AMENDED oet,ggaol
DEED OF DEVELOPMENT RIGHTS ads"
6,,THIS AMENDED DE D OF DEVELOPMENT RIGHTS is'rrraite the
!0 day of2016 at Southold, New York. The parties
I ► LLC, IMcCall,
are Walker MCCall c o Russell P.O. Box 271, Cutchogue, '} - V
K � V y
New York 11952 (herein called "Grantor"), and the TOWN OF. „ , tx5e1
SOUTHOLD, a municipal corporation, having its principal office at W )
53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein
called "Grantee").
INTRODUCTION _
WHEREAS, Grantor is the owner in fee simple of 28.6496 acres
of certain real property located in the Town of Southold, Suffolk
County, New York, identified as SCTM #1000-115-8-3.5, 3.6 and 3.7,
hereinafter referred to as the "Property" and shown on the survey
prepared by John C. Ehlers Land Surveyor dated November 29, 2002
and last revised June 26, 2003 (a reduced copy of which is attached
hereto and made a part hereof and hereinafter referred to as the
"Survey"); and
WHEREAS, by Deed of Development Rights dated August 25,
2003 and recorded in the Suffolk County Clerk's Office at Liber 12273,
page 138, (the "2003 Deed of Development Rights") Grantee, Town of
Southold (the "Town") purchased development rights for a 24.5418
acre portion of the Property from John Elak, the predecessor in interest
of Grantor herein, said portion identified as SCTM #1000-115-8-3.5
and described in a "Rider to Deed of Development Rights dated August
25, 2003 between John Elak and Town of Southold" (the "Rider")
recorded with the 2003 Deed of Development Rights; and
WHEREAS, the Town received partial funding from the United
States of America Department of Agriculture, Natural Resources
Conservation Service, for the purchase of development rights in 2003
described in the preceding paragraph; and
WHEREAS, a 28.4281-acre portion of the Property, further
identified as SCTM #1000-115-8-3.5 and 3.6, is further encumbered
by a Deed of Conservation Easement donated by John Elak to-the
Peconic Land Trust dated August 25, 2003, and recorded on October
20, 2003, in the Office of the Clerk of the County of Suffolk, New York,
at Liber 12278, Page 718; which was amended and restated on
, rr. / , 2016 to preserve and further protect the Property's
scenic, open space and agricultural values, including an Affirmative
Farming Covenant, so that the Property shall remain in active
agricultural production and only be used for agricultural purposes; and
WHEREAS, the Town now wishes to purchase additional
development rights from the Property, consisting of 3.8863 acres,
identified as SCTM #1000-115-8-3.6, and also described as "Reserved
Area #2" in the Rider; and
WHEREAS, the parties now wish to amend the 2003 Deed of
Development Rights to modify the Rider and to reflect the purchase of
the additional development rights on the 3.8863 acres identified as
SCTM #1000-115-8-3.6 by Grantee. This is the only change in this
Amended Deed of Development Rights.
NOW, THEREFORE, in consideration of Two Hundred Fifty-Two
Thousand Six Hundred and Nine and 50/100 DOLLARS ($252,609.50)
and other good and valuable consideration paid to the Grantor, the .
receipt of which is hereby acknowledged, the Grantor does hereby
grant, transfer, bargain, sell and convey to the Grantee this Amended
• Deed of Development Rights, in gross, which shall be binding upon and
shall restrict the premises identified as SCTM #1000-115-8-3.6 and
shown on the survey attached hereto and made a part hereof.
ARTICLE ONE
•
SALE
GRANTOR, for TWO HUNDRED FIFTY-TWO THOUSAND SIX
HUNDRED AND NINE AND 50/100 DOLLARS ($252,609.50.00) and
such other good and valuable consideration, hereby grants, releases,
and conveys to Grantee this Amended Deed of Development Rights, in
perpetuity, together with all rights to enforce it. Grantee hereby
• accepts this Amended Deed of Development Rights in perpetuity, and
undertakes to enforce it against Grantor.
ARTICLE TWO
PRIOR DEED OF DEVELOPMENT RIGHTS INCORPORATED
The terms and conditions of the Deed of Development Rights
dated August 25, 2003 and recorded in the Suffolk County Clerk's
Office at Liber 12273, page 138, remain in full force and effect and are
hereby incorporated herein by reference, except as provided herein.
2
•
ARTICLE THREE
RIDER TO 2003 DEED OF DEVELOPMENT AMENDED
The document entitled "Rider to Deed of Development Rights
dated August 25, 2003 between John Elak and Town of Southold" is
hereby amended and the amended version is attached hereto as
Schedule "A" and incorporated herein.
ARTICLE FOUR
INTEREST OF UNITED STATES OF AMERICA
If this Amended Deed of Development Rights and the 2003 Deed
of Development Rights are ever extinguished, then the United States
of America shall be entitled to compensation as set forth in the 2003
Deed of Development Rights, page 12, less the fair market value at
the time of condemnation of the 3.8863 acres identified as SCTM
#1000-115-8-3.6.
IN WITNESS WHEREOF, Grantor has executed and delivered and
Grantee has accepted and received this Amended Deed of
Development Rights on the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
WALKER/MCCALL, LLC, Grantor
BY: RUSSELL MCCALL, Managing Member
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
BY: L GG',E.4_,.t�
SC A. RUSSELL, SUPERVISOR
3
ARTICLE THREE
RIDER TO 2003 DEED OF DEVELOPMENT AMENDED
The document entitled "Rider to Deed of Development Rights
dated August 25, 2003 between John Elak and Town of Southold" is
hereby amended and the amended version is attached hereto as
Schedule "A" and incorporated herein.
ARTICLE FOUR
INTEREST OF UNITED STATES OF AMERICA
If this Amended Deed of Development Rights and the 2003 Deed
of Development Rights are ever extinguished, then the United States
of America shall be entitled to compensation as set forth in the 2003
Deed of Development Rights, page 12, less the fair market value at
the time of condemnation of the 3.8863 acres identified as SCTM
#1000-115-8-3.6.
IN WITNESS WHEREOF, Grantor has executed and delivered and
Grantee has accepted and received this Amended Deed of
Development Rights on the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
WALKER/MCCALL, LLC, Grantor
Zs(
/[
BY: RUSSELL M CALL, Managing Member
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
BY:
SCOTT A. RUSSELL, SUPERVISOR
3
Acceptance of Property Interest by the Natural Resources
Conservation Service
The Natural Resources Conservation Service, United States
Department of Agriculture, an agency of the United States
Government, hereby accepts and approves the foregoing Deed of
Development Rights, and the rights conveyed therein, on behalf of the
United States of America.
Authorized Signatory for the NRCS
Dennis A. DeWeese, Acting State Conservationist
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On the 7 day of (Lc -cr in the year 2015 before me, the
undersigned, personally appeared Russell McCall, 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 ' trument, the individual, or the person upon
behalf of which the ind' 'dual acted, executed the instrument.
A a )121•40-41"----
Signature/office of individual taking acknowledgement
DONNA McGAHAN
STATE OF NEW YORK)
Notary Noub01,MC4w York
851459
COUNTY OF SUFFOLK) SS: Qualified in Suffolk County
Commission Expires Aug. 18, 20ig
On this/6 day of Q.eC.L/ in the year 2016 before me, the
undersigned, personally appeared Scott A. Russell, 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.
Pith 'Lz721.6\_
Notary Public
PATRICIA L. FALLON
Notary Public, State Of New York
No. 01FA4950146
•
Qualified In Suffolk County �g
Commission Expires April 24,04,4
4
Acceptance by the Natural Resources Conservation Service
The Natural Resources Conservation Service, United States
Department of Agriculture, an agency of the United States
Government, hereby accepts and approves the foregoing Deed of
Development Rights, and the rights conveyed therein, on behalf of the
United States of America.
Ait kilACIL
li orize igLitor the NRCS
Gregory A. Kist, State Conservationist
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On the day of in the year 2016 before me, the
undersigned, personally appeared Russell McCall, 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.
Signature/office of individual taking acknowledgement
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this day of in the year 2016 before me, the
undersigned, personally appeared Scott A. Russell, 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
4
STATE OF NEW YORK )
COUNTY OF 0410AiD�If'S:
On this / day of TA�Iru�r/ in the year 2016 before me, the
undersigned, personally appearec GJ fo%M�Krstt� ersonally known to
me or proved to me on the basis d 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 i dividual acted, executed the instrument.
N ry Public
KIMBERLEY A.GLENN
Notary Public
No.01GL5089252
County of Onondaga,State of N.Y. •
Commission� Expires:
December
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SCHEDULE A
ALL that certain plot, piece or parcel of land with the buildings and improvements thereon
erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point on the southerly side of Main Road (NYS Route 25) at the
northeast corner of the premises herein described; said point being 175 feet westerly as
measured along the said southerly side of Main Road (NYS Route 25) from the
northwesterly corner of land now or formerly of Dickerson; said point also marking the
northwest corner of lands now or formerly of John and Anne Elak as contained in deed
Liber 7934 page 481; from said point of beginning
RUNNING THENCE along said land now or formerly of John and Anne Elak the following
two (2) courses and distances:
South 06 degrees 44 minutes 37 seconds East, 276.18 feet;
North 81 degrees 09 minutes 13 seconds East, 85.21 feet;
THENCE along land now or formerly of John and Anne Elak and along land now or
formerly of Frances J. Bogut and John F. Bogut and along lands now or formerly of James
F. Brush and Nancy J. Brush, Gerard Shaw and Susan Shaw and Anthony Lauro and
Patricia Lauro, South 02 degrees 18 minutes 57 seconds East, 1,759.54 feet to the northerly
side of New Suffolk Avenue;
THENCE northwesterly and westerly along New Suffolk Avenue the following two (2)
courses and distances:
North 65 degrees 10 minutes 37 seconds West, 75.12 feet;
South 83 degrees 11 minutes 30 seconds West, 593.63 feet to land now or formerly of Alma
T. Suter;
THENCE northwesterly along said land North 02 degrees 07 minutes 26 seconds West,
1,721.34 feet to other land now or formerly of John and Anne Elak;
THENCE along said land the following two(2)courses and distances:
North 83 degrees 22 minutes 44 seconds East, 125.00 feet;
North 02 degrees 07 minutes 26 seconds West, 275.00 feet to the southerly side of Main
Road (NYS Route 25);
THENCE easterly along said southerly side of Main Road (NYS Route 25) North 83 degrees
22 minutes 44 seconds East, 422.54 feet to the point or place of BEGINNING.
3L
3.�
EXCEPTING THEREFROM THE FOLLOWING RESERVED AREA:
ALL that certain plot, piece or parcel of land with the buildings and improvements thereon
erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point on the southerly side of Main Road (NYS Route 25) at the
northeast corner of the premises herein described; said point being 175 feet westerly as
measured along the said southerly side of Main Road(NYS Route 25) from the
northwesterly corner of land now or formerly of Dickerson; said point also marking the
northwest corner of lands now or formerly of John and Anne Elak as contained in deed
Liber 7934 page 481; from said point of beginning
RUNNING THENCE along said land now or formerly of John and Anne Elak the following
two (2) courses and distances:
South 06 degrees 44 minutes 37 seconds East, 276.18 feet;
North 81 degrees 09 minutes 13 seconds East, 85.21 feet;
THENCE South 02 degrees 18 minutes 57 seconds East, 25.17 feet;
THENCE South 81 degrees 09 minutes 13 seconds West, 108.28 feet;
THENCE North 06 degrees 44 minutes 37 seconds West, 302.17 feet to the southerly side of
Main Road (NYS Route 25);
THENCE easterly along said southerly side of Main Road (NYS Route 25) North 83 degrees
22 minutes 44 seconds East, 25.00 feet to the point or place of BEGINNING.
Cr 1 A
_.._ _ .
SURVEY OF PROPERTY 1�----- N
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JOHN C.EHLERS LAND SURVEYOR,
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INSTRUCTIONS(RP-5217-PDF-INS):www.orps.stale.ny.us
` FOR COUNTY USE ONLY4 New York State Department of
t+.SIMS Code 3 y, r ,g ,$r 9 i Taxation and Finance
C2.Date Deed Recorded I. 64 / (8 /go i/W Office of Real Property Tax Services
p ""h OryTer Q n RP-5217-PDF
C3.Book j,c i$,(a,00 IC4.Page i , ,iS I 101
Real Property Transfer Repoli(8170)
PROPERTY INFORMATION I
1.Property 21140 Main Road
Location
*STREET NSI"CEA - •STREErru"E
Southold Cutchogue 11935
.cny OR TORP sums .LP CODE
2.Buyer Town of Southold
Name
•y43T NAVE=Wen FeaT NNE
uRNNPJCO1TNn FarT NNE
7.Tas lud;s[e v.re future Tax Balls are to be sent Town of Southold
Boling if other than buyer atltlreas(al bottom of form) LAST....gamuiv FIRST NAME
Address
P.O. Box 1179 Southold NY 11971
MEET sweet ANO NAME CITY OR TARN STATE $P CODE
4.Indleate the number of Assessment 10 Part or a p.., (Only If Part of a Parcel)Chock as they apply:
Roll parcels transferred on the deed a of Parcels OR
4k Planning Board with SubdeviNon Authority Exists lJ
5.DSM X OR =gD 3.89 4B.Subdivision Approval was Required for Transfer
Property •FA•FREW FEET •DEPTH 'MES
Slot 4C.parcel Approved for Subdivision with Map Provided D
Walker/McCall, LLC
(LaMar •IAATNAMEICOMPNIY RBST rave
Name
• LAST NAMEAtOMNMY FPYNAPE
1.Select the description which most accurst*describes the Check its boxes below as they apply:
use of the property et the time of sale: 8.Ownership Type is Condominium ❑
9.New Conslrudlon ane Vacant Lend
residential vacant land
10A.Property Located within an Agriculture!Oiatfici ❑
11B.Buyer received a disclosure notice indicating that the property is in an
Agricultural DistrictLJ
'SALE INFORMATION' 78.Check one or more of these conditions as applicable to transfer:
A.Sale Between Relatives or Foaner Relatives
11.Sale Contract Date 10/22/2015 B.Sete between Related Companies or Partners In Business..
C.One sat the Buyer;Is eso a Solcr
•12.Date of SateRrensfer 3/10/2016 D.Buyer or Seller is Government Agency or Lending Institution
E.Deed Type not Warranty or Bargain and Sole(Specify Below)
F.Sale of Fractional or Less than Fee interest(Specify Below)
93.Full Sale Price 252,609.50 .00 G.Significant Change in Property Between Taxable Slates and Sale Dates
(Full Sale Price is the total amount paid for the property including personal property. N.Sale d nuulBusiness Is Factors
AInduffecdting
in SSB Price
I.Other Unusual Fttcwre Affecting Sala Nee(Speedy Be ow)
This payment may be In the term d cash.other property or goods.Of the assumption of
mortgagee or other obligations.)Please round to rhe newest whale donors:novat J.None 7
Comment(a)on Condition:
14.1ndfute the value of personal
property Included in the sale .00
• I ASSESSMENT INFORMATION-Data should relied the latest Final Assessment Roll and Tax Bill`
18.Year of Assessment Roll from which information tekcn(YY) 15 97.Total assessed Value 1,000.
98.Property Class 311 — •19.School District Name Mattituck—Cutchogue
—
•20.Tax Map ldsntieer(s)Roll Identlaer(s)(If more than four,attach sheet with additional Identifier(s))
1000-115.00-08.00-003.006
I CERTIFICATION I
• I Certify that all of the items of Information entered on this form are true and correct(to the best of my knowledge and ballet)and I understand that the making of any willful
false statement of matelot fact herein subject me to the orovlslons of the penal law reletivo to the making and Ming of false Instruments.
,'SELLER SIGNATURE BUYER CONTACT INFORMATION
Walks McCall, LLC (Enter lamellae ler Ns buyer.Nola w
a Ir buyer'.LLC. decowpoke..n eciedee.rake.OK Mock cn.pay.esIce or
ImomatIs net en xwhlduel ales or teeeey.Nn nil■aims scameo i leenNan d an inavovrlmponetse
/J�,^ �
party who an mime questions HNMuteraman, Mutermutt Meld.ed.Type or print @lssry.l
y.
B v-14,r O ee veil,/O.f
v-.es�ADATE
�
Russell C. McCaE Town of Southold
Town of Sout id '1Ael N""E PIRRTNAME
631 765-5711
By: - 3/ro/rie wieeeexx •TELEIMev WIRER am smut
Scott A. Russell, Supervisors 54395 Route 25
•STREET EMBER •STREET NAM
\}� }J r „ u , 1 1 1• Southold NY 11971
'I i� i 1i 111111 I ii tri li11.01 11 I' J'''''' 'CITY Da TOWN B 'STATE •tip cam
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■ IIt 1711,1,,, UYER'S ATTORNEY
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1 1{I 1i,` 1 I IVI II'1 I Kombrink Lisa
1, 1 " 14p I ' 1111 `r1 v"' i II V.'III1,r I LAST NAM MST NAME
' 1 1 I0 1 )I 111 111 II (� il,1l ' 111 Ilk,11 iS
1 '! � 1� N 1 PI I1 11 1 ���11 631 727-2180
j}l , III 1 ii li'I� ,+� Til' AREACooE TELapHanENUMBER plc MOM
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Addendum to RP-5217:
Grantee:
The Nature Resources Conservation Service
The United States Department of Agriculture
Address: USDA-NRCS
New York Easement Programs Manager
The Gallaries
441 South Salina Street,Suite 354
Syracuse,New York 13202
Env# 52- of 33,Z3
Signature:
The Nature Resources Conservation Service
The United States Department of*LS Agriculture �1�
By: IC Go iL
ter •
Authorized Signatory of the NRCS
Gregory A.Kist, State Conservationist