HomeMy WebLinkAboutL 11306 P 529 .. • �. 1133SP�52�
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THIS INDENTURE, MADE the day of ,jU 1991
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,
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;
DISTRICT
1000 WITNESSETH that the party of the first part, in consideration of
--------- $10 . 00 and other good and valuable consideration paid by the
SECTION party of the second part, DOES HEREBY GRANT AND RELEASE unto the
075 . 00 party of the second part, its successors and assigns forever, THE
_ DEVELOPMENT RIGHTS, by which is meant the permanent legal
BLOCK interest and right, as authorized by 5247 of the New York State
06 . 00 General Municipal Law, as amended, and Local Law 16-1981 of the
--------- County of Suffolk, to permit, require or restrict the use of the
LOT premises exclusively for agricultural production as that term is
009 . 00 defined in Local Law 16-1981 of the County of Suffolk, and the
right to preserve open space as that term is defined in 5247 of
the New York State General Municipal Law, as amended, and the
�1\30�9 right to prohibit or restrict the use of the premises for any
purpose other than agricultural production, to the property
described as follows :
ALL THAT CERTAIN PLOT, piece or parcel of land, situate, lying
and being at Southold, in the Town of Southold, County of Suffolk
and State of New York, more particularly bounded and described as
rfollows :
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
Road and the southerly side of Main Road; said point being the
northwesterly corner of the premises herein described and the
northeasterly corner of land now or formerly of Armando Capps;
RUNNING THENCE North 59 degrees 29 mnnutes 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;
IV
THENCE South 59 degrees 01 minutes 00 seconds West, 193,,6 feet;
THENCE South 09 degrees 31 minutes 00 seconds East, 273 .. 51 feet;
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 20seconds East along said
land now or formerly of Lappe, 1046 . 67 ✓feet to a concrete
monument;
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 an✓d later
c. along land now or formerly of Mohring Enterprises, Inc. , 1725 . 69
feet; /
THENCE South 74 degrees 19 minutes 00 seconds West, 62 . 241/feet;
THENCE North 10 degrees 41 minutes 10 seconds West, 574/. 69 feet
to a pipe and land now or formerly of Salvator DiChiara and
Dorothy DiChiara;
RECORDED JUL 30 1991 ®WARD P.ROMAW-
MM OF II WFM OOUIM
T 1.1 v PWID Aw
1306P6530
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 minutes00 ,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�nd 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.
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 4 as executive for ALEXANDER
BRANDSHAFT, deed dated 6/8/88, recorded 9/16/88 in Liber 10693 cp
09 .
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
hold party of the second part and any of its officers, agents,
employees, and, their respective successors and assigns , harmless
from and against any and all damages , claims, losses , liabilities
and expenses , including, without limitation, responsibility for
legal , consulting, engineering and other costs and expenses which
may arise out of ( 1 ) any inaccuracy or misrepresentation in any
representation or warranty made by seller in this agreement; ( 2)
the breach or non-performance of any covenants required by this
agreement to be performed by the _seller, either prior to or
RECORDED JUL 30 1991 aWOrAfOXCMM