HomeMy WebLinkAboutL 11297 P 293 DEED
1297K293 L.,;., C LO WIGHTS Brva
Ce11� L�
THIS INDENTURE, Mk)E the �_ vh day of i7 „ine 21 199720
BETWEEN DAVID KHALILI , BIGAN SHAOULPOWR and ELIZABETH SHAOULPOWR,
_11� d/b/a�ohn Rastegar Associates, C/o Albert Khalili, 2 Harbor Way,
"� Kings Point, New York 11024, party of the first part,
1000 AND the COUNTY OF SUFFOLK, a municipal corporation having its
069.00 office and principal place of business at County Center, No
05.00 Number Center Drive, Riverhead, New York, party of the second
018.000 part;
P/0
001 WITNESSETH that the party of the first part, in consideration of
Iy $10. 00 and other good and valuable consideration paid by the
1 party of the second part, DOES HEREBY GRANT AND RELEASE unto the
party of the second part, its successors and assigns forever, THE
DEVELOPMENT RIGHTS, by which is meant the permanent legal
interest and right, as authorized by 5247 of the New York State
General Municipal Law, as amended, and Local Law 16-1981 of the
County of Suffolk, to permit, require or restrict the use of the
premises exclusively for agricultural production as that term is
defined in Local Law 16-1981 of the County of Suffolk, and the
Lei right to preserve open space as that term is defined in 5247 of
the New York State General Municipal Law, as amended, and the
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, bounded and described as follows :
BEGINNING at a railroad monument at the intersection of the
Southwesterly side of Ackerly Pond Lane and the Southeasterly
side of land of Long Island Railroad;
running thence South 58 degrees 29 minutes East, along the
Southwesterly side of Ackerly Pond Lane, 137 . 59 feet to lands now
or formerly of Town of Southold;
thence the following two courses and distances along said last
mentioned land:
1 . South 38 degrees 02 minutes West, 408 feet;
2 . South 45 degrees 34 minutes East, 44 feet to lands now or
f,°irr 1y ° SHemd2 0:.. a �a �s �..�+ 7 y.koi ..tom %T"
(/J thence South 44 degrees 22 minutes 40 seconds East, along the
said last mentioned land and lands now or formerly of Hunt and
Town of Southold, 2361 . 65 feet, to the Northwesterly side of Lower
Road;
thence South 53 degrees 15 minutes 50 seconds West, along the
Northwesterly side of Lower Road, 293 . 74 feet;
�\ therice` gorth 37"degrees 06 minutes 50 seconds West, 282 . 85 feet;
yJ thence South 53 degrees 15 minutes 50 seconds West, 282 . 85 feet;
I thence South 37 degrees 06 minutes 50 seconds East 94 . 06 feet to
Olands now or formerly of E . Faucon;
thence South 53 degrees 10 minutes 30 seconds West, along land of
E . Faucon and land of B. Faucon, 180 . 24 feet;
3 thence South 40 degrees 17 minutes 30 seconds East, 188 . 81 feet
�J to the Northwesterly side of Main Road ( S.R. 25) ;
�J
thence the following two courses and distances along the
V� Northwesterly side of Main Road (S .R. 25) :
! I1 . South 53 degrees 15 minutes 50 seconds West, 61 . 51 feet;
s .
1-1--* 311 F^^* *^ '.ands- now or
RECMDED VUL11 1991 MW�r-
_r ata ar max 00LW"
1297nm
formerly o Moelius;
thence the following four courses and distances along the said
last mentioned lands :
` 1 . North 40 degrees 20 minutes 20 seconds West, 840 feet;
2 . North 39 degrees 59 minutes 30 seconds West, 660 feet;
3 . North 40 degrees 11 minutes 50 seconds West, 530 feet;
l.fM1i1TY PQ0 4 . North 40 degrees 42 minutes 50 seconds West, 514 . 80 feet to
FOR
MICTY PO the land of Long Island Railroad;
thence the following three courses and distances along the said
- last mentioned lands :
1 . North 47 degrees 39 minutes 30 seconds East, 319 . 05 feet;
2 . North 40 degrees 06 minutes 20 seconds West, 8 . 25 feet;
3 . North 47 degrees 39 minutes 30 seconds East, 1350 . 93 feet to
the monument at the point or place of BEGINNING.
BEING AND INTENDED to be the same premises as described in the
deed to the parties of the first part herein by deed from Edward
A. Prechtl and Eleanor M. Prechtl , his wife, dated February 21 ,
1987 , recorded April 21 , 1987 , in Liber 10298, Page 46 .
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 March 25 , 1991 as the same is
recorded in the office of the Suffolk County Clerk in Liber
112451, dp 065, 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 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
Yn7 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
tUbsequent, to' the closing of title herein; or (3) any action,
suit, claim, or proceeding seeking money damages, injunctive
artion , or other remedy by reason of a violation
disosal
RECOflDED oUL 11 1991 §)WNO&V
y
P•��� "µ� iehazardous, /�
p
am Op OOUN I oew"al., eT