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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 :