HomeMy WebLinkAboutL 11379 P 316 5
' - 113i9Pn�,
1'
; REAfl— L NATElRECTION,PEE
�W Mofp 00 0
DET�IGHTS -f3LO N
'� �- ,- TRANSFER TAX
�"'� �'� SUFFDI_K
THIS INDENTURE, MADE the 1st day of Novemb CKI 1
BETWEEN DESIGN PROPERTIES . INC. , a domestic corporation, having a
principal place of business at (no #) Shadom Lane, P.O. Box 209 ,
East Hampton, New York 11937 , party of the first part,
a
AND the COUNTY OF SUFFOLK, a municipal corporation having its
office and principal place of business at County Center, No
Number Center Drive, Riverhead, New York, party of the second
part;
SHO-770 WITNESSETH that the party of the first part, in consideration of
$10. 00 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
DISTRICT DEVELOPMENT RIGHTS, by which is meant the permanent legal
1000 interest and right, as authorized by §247 of the New York State
General Municipal Law, as amended, and Local Law 16-1981 of the
SECTION County of Suffolk, to permit, require or restrict the use of the
075 . 00 premises exclusively for agricultural production as that term is
defined in Local Law 16-1981 of the County of Suffolk, and the
BLOCK right to preserve open space as that term is defined in §247 of
06 .00 the New York State General Municipal Law, as amended, and the
_ right to prohibit or restrict the use of the premises for any
LOT purpose other than agricultural production, to the property
described as follows:
ALL THAT CERTAIN PLOT, piece or parcel of land, situate, lying
and ing at Southold, in the Town of Southold, County of Suffolk
an State of New York, more particularly bounded and described as
11 ollows :
BEGINNING at a point on the southerly side of Main Road ( State
Road 25 ) distant easterly 1964 feet, more or less , from the
corner formed by the intersection of the easterly side of Wells
co. o Road and the southerly side of Main Road; said point being the
c,>
northwesterly corner of the premises herein described and the
northeasterly corner of land now or formerly of Armando Cappa;
RUNNING THENCE North 59 degrees 29 minutes 00 seconds East along
said southerly side of Main Road, 88 . 25 feet;
= THENCE South 09 degrees 31 minutes 00 seconds East, 276 . 95 feet;
n.
� ]. THENCE South 59 degrees 01 minutes 00 seconds West, 193 . 36 feet;
` THENCE South 09 degrees 31 minutes 00 seconds East, 273 . 51 feet;
i
THENCE North 80 degrees 29 minutes 00 seconds East, 229 . 62 feet
to the westerly line of land now or formerly of Lappe;
THENCE South 09 degrees 07 minutes 20 seconds East along said
land now or formerly of Lappe, 1046 . 67 feet to a concrete
monument;
THENCE South 08 degrees 24 minutes 10 seconds East still along
lands now or formerly of Lappe 1003 .00 feet;
THENCE South 63 degrees 49 minutes 00 seconds West still along
land now or formerly of Lappe and later along land now or
formerly of John Scopaz and Linda Scopaz, 481 .40 feet to a
concrete monument;
THENCE North 11 degrees 52 minutes 40 seconds West along said
land now or formerly of John Scopaz and Linda Scopaz and later
along land now or formerly of Mohring Enterprises , Inc . , 1725 . 69
feet; , t
GMNCE South 74 degrees 19 minutes 00 seconds West, 62 . 24 feet;
DEC 3 1991 EDWAROF,r;C�^;c.1s West, 574 . 69 feet
RECORD
CLERK OF SUFFOLK 0t1
4 '1 FY
I 1 11 19
1 79P6`31'7
< to a pipe and land now or formerly of Salvator DiChiara and
Dorothy DiChiara;
THENCE North 79 degrees 09 minutes 30 seconds East along said
land now or formerly of Salvatore and Dorothy DiChiara, 353 . 06
feet;
THENCE North 09 degrees 31 minutes 00 seconds West and still
along said last mentioned land, 194 . 83 feet to a pipe and land
now or formerly of Armando Cappa;
THENCE North 59 degrees 01 minutes 00 seconds East along said
land now or formerly of Armando Cappa, 158 . 56 feet;
THENCE North 09 degrees 31 minutes 00 seconds West and still
along said land now or formerly of Armando Cappa, 224 . 00 feet to
the southerly side of Main Road at the point or place of
BEGINNING. Z "j ./-� 35 A ,
BEING AND INTENDED to be the same premises conveyed to DESIGN
PROPERTIES INC. , who acquired title by deed from SOUTHOLD
VINEYARDS, INC. & ROCCO' DI CHIARA, individually, & DOROTHY DI
CHIARA, as executrix for the Estate of SALVATORE DE CHIARA, &
HERBERT BRANDSHAFT, individually & as executive for ALEXANDER
BRANDSHAFT, deed dated 6/8/88 , recorded 9/16/88 in Liber 10693 cp
09 .
THIS DEED, is a correction deed to correct an error in the 7th
course wh c omin a deed of development rights dated
July 18 , 1991 , and recorded in Liber 11306 Page 529 ."
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 of
the premises on and after the date of this instrument solely for
the purpose of agricultural production.
The development rights conveyed herein are subject to the further
terms and provisions as set forth in a certain contract of sale
between the parties hereto dated January 30 , 1991 as the same is
recorded in the office of the Suffolk County Clerk in Liber 11245
cp 096 , portions of which as contained herein have and will
survive the delivery of this instrument of conveyance.
The party of the first part, its 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, covenants and agrees that it will not remove any
soil from the premises described herein.
The party of the first part, its 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 , covenants and agrees that it 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. This covenant shall run with the land in
perpetuity.
The party of the first part, its 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, covenants and agrees that is shall indemnify and
1+n1d party of the second hart and any of its officers , agents ,
` EDWFJ30F,f1C�",�: , , and assigns , harmless
R E C 0 R M E D DEC 1991 CLERK OF SUFFOLK Cd 'JP3 tY
ti :