HomeMy WebLinkAboutL 11760 P 694 LE0OlJ►Y FM
DEm
FOR tali)WO
Or
DEVEWPMENT RIGIM
TIUS INDENTURE,made this 251h day of January,1996,
BLTWECN TIIORNTON E.SMITII,residing at 44 Brookside Drive,Plandome,New
York,party of the first part,and
TI IE TOWN Or SOUTI lO1D,a municipal corporation of the State of New York,
having its office and principal place of business at 55095 Main Road,Town of Southold,
County of Suffolk and State of New York,party
ypofftthe second part.
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That the party of the first part,in consideration of len($10.00)dollars,lawful
money of the United Slates,and other good and valuable consideration paid by the party of
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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 Section 24T of the New York State
Genera!Municipal law,as amended,to permit,require or restrict the use of the premises i
exclusively for agricultural production as that term is presently defined in Chapter 25 of
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the Code of the Town of Southold,and the right to prohibit or restrict the use of the
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premises for any purpose other than agricultural production,to the properties described
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in the attached Schedule A.
TOGE111ER with the non-exclusive right,if any,of the party of the first part as to the
use for ingress and egress of any streets and roads&bulling the described premises to the
center lines thereof,
POOR
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TOGUMER with the appurtenances and all the estate and rights of the party of the
first part in and to said premises,insofar as the rights granted hereunder are concerned.
TO HAVE AND TO 11O1D the said DCVELOPINU P RIGHTS 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 its
heirs,legal representatives,successors and amigns of the party of the first part,to use the
premises on and after the date of this instrument solely for the purpose of agricultural
production.
AND the party of the first part,covenants in all aspects to comply with Section 13 of
the Lien law,as acme applies with said conveyance.
The definition of`Agricultural Production"as defined in Section 25-30 of Chapter
25 of the Southold Town Code is as follows
Agricultural Production-shall mean the production for commercial
purposes of crops,livestock and livestock products,but not land or
portions thereof used for processing or retail merchandising of such
crops,livestock or livestock products land used in agricultural A
production shall also include fences,equipment storage buildings,
livcstoc6barns,irrigation systems,and any other structures used
exclusively for agricultural purposes
The partyof the first part and the party of the second part do hereby covenant and
agree in perpetuity that either of them or their respective heirs,successors,legal repre-
sentatives or assigns,shall only use the premises on and after this date for the purpose of
such agricultural production and the grantor covenants and agrees that the underlying fee
title may not be subdivided into plots by the filing of a subdivision map pursuant to
Sections 265 and 277 of the Town law and Sedion 335 of the Real Properly law,or any
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January 15, 1996
Surveyor's Description: Lot No. 2 "Thornton Smith".
Development Rights To Be Conveyed To The Town of Southold.
Suffolk County Tax Map 1000-121-1-Part of 1.1
All that certain plot, piece, or parcel of land with the
buildings and improvements thereon erected, situate, lying and
being, at Mattituck, Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
BEGINNING at a point on the easterly side of Bergen Avenue,
said point being situate North 32 deg. 34 min. 43 sec. West a
distance of 177.89 feet as measured along the easterly side of I ,
Bergen Avenue from the intersection of the easterly side of Bergen
Avenue and the northerly side of Sound Avenue;
RUNNING thence North 32 deg. 34 min. 43 sec. West along the l V
easterly side of Bergen Avenue a distance of 40.00 feet to the
southerly aide of a proposed Right of Way;
RUNNING thence along the southerly side of a proposed Right of
Way and through land now or formerly Thornton Smith the following
four (4) courses and distances:
1. North 57 deg. 25 min. 17 sec. East 675.00 feet,
2. along the arc of acurve to the right having a radius of
710.00 feet a distance of 246.41 feet,
3. North 77 deg. 18 min. 24 sec. East 50.00 feet,
4. along the arc of a curve to the left having a radius of
735.00 feet a distance of 164.19 feet to a point;
RUNNING thence still through land now or formerly Thornton
Smith the following two (2) courses and distances:
1. South 15 deg. 24 min. 03 sec. East 520.17 feet,
2. South 74 deg. 35 min. 57 sec. Went 160.89 feet to land now
or formerly Thomas Zaweski and Christine Zaweski;
M1:
RUNNING thence along land now or formerly Thomas Zaweksi and
Christine Zaweski the following two (2) courses and distances:
1. North 15 deg. 24 min. 03 sec. West 87.57 feet,
2. South 80 deg. 00 min. 35 sed.>West 220.16 feet to land
now or formerly Suffolk County Industrial Development
Agency;
RUNNING thence along land now or formerly Suffolk County
Industrial Development Agency the following two (2) courses and
distances:
1. North 31 deg. 29 min. 01 sec. West 338.83 feet,
2. South 57 deg. 25 min. 17 sec. West 644.58 feet to the
easterly side of Bergen Avenue and the point or place of
BEGINNING.
CONTAINING an area of 5.0295 Acres.
11764 K694
January 16, 1996
Surveyor's Description: Lot No. 1 "Thornton Smith".
Development Rights To Be Conveyed To The 'Down of Southold.
Suffolk County Tax Map 1000-121-1-Part of 1.1
All that certain plot, piece, or parcel of land with the
buildings and improvements thereon erected, situate, lying and
being, at Mattituck, Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
BEGINNING at a point on the easterly side of Bergen Avenue,
said point being situate North 32 deg. 34 min. 43 sec. West a
distance of 267.89 feet as .measured along the easterly side of
Bergen Avenue from the intersection of the easterly side of Bergen
Avenue and the northerly side of. Sound Avenue; VJ
•
RUNNING thence North 32 deg. 34 min. 43 sec. West along the `ti 0
easterly side of Bergen Avenue a distance of 720.07 feet to land
now or formerly Harry Checkla and Don Schulman;
RUNNING thence North 61 deg. 11 min. 17 sec. East along land
now or formerly Harry Checkla and Don Schulman a distance of 668.61 .
feet to land now or formerly Minas Mihaltses and Vassilik
Mihaltses;
RUNNING thence North 64 deg. 04 min. 27 sec. East along land
now or formerly Minas Mihaltses and Vassilik Mihaltses a distance
of. 824.90 feet to land now or formerly Catherine Simicich;
RUNNING thence along land now or formerly Catherine Simicich
the following two (2) courses and distances:
1. South 32 deg. 11 min. 03 sec. East 201.48 feet,. `
2. North 56 deg. 08 min. 37 sec. East 366.94 feet to a point; `
RUNNING thence South 33 deg. 51 min. 23 sec East through land
now or formerly Thornton Smith a distance of 648.73 feet to the
northerly side of a proposed Right of way;
RUNNING thence along the northerly side of said proposed Right
of Way and still throughland now or formerly Thornton Smith the
following eight (8). courses and distances:
i
1. along the arc of a curve to the right having a radius. of
685.00 flet a distance of 236.06 feet,
2. South 83 deg. 08 min. 22 sec. West 50.00 feet,
3. along the arc of a curve to the left having a radius of
735.00 feet a distance of 336.63 feet,
4. South 56 deg. 53 min. 53 sec. West 50.00 feet,
S. along the arc of a curve to the right having a radius of
685.00 feet a distance of 243.99 feet,
6. South 77 deg. 18 min. 24 sec. West 50.00 feet,
7. along the arc of a curve to the left having a radius of
760.00 feet a distance of 263.77 feet,
8. South 57 deg. 25 min. 17 sec. West 675.00 feet to the
easterly side of Bergen Avenue and the point or place of
BEGINNING.
_2A-A 11 Arra-
RECORDED
11760 9694 T p 20450 7
96 FEB-1 RM 10:56
Numberoflla{a `"<u E^.0%,U ° RCMAINE
TORRENS F:, E. ,��'-- CLERK OF
.
r SUFFOLK COUNTY
Serial a FEB 1 1946
Cerllfuate I TOiA i'!�r'<^TAY
Prior cd. .204 0
Dad/Mortgage Instrument Deeds Mortgap Tax Salop Rec"n`/nft Sumps
IL4i (7 PEES
Pap/Firing Fee —+/v� Mortgage AMIL
Halling �/L•— I. BWc Tax
IP-584 b 2. Additional Tax
NouYO" Sob Total _
EMS217(County) l ._ Sub ToW
SpeeJAuiL
EA•5217(State) (.9 J�-_ or
Spee./Add.
RP.TJJL _ TOT.MRO.TAX
Comm.of Fd S.00_ Dual Hold a Apportionment DuW Catwy -
AlMdavit • • TmwferTax
Certified Copy hfxww Tax
The propMy covered by this is a •
ft Copy /�,��� will be improved by a one or two family
Sub Total /J dwell tgody.
Other. /�•— YES_orNO
GRAND TOTAL If NO.ser appropriate tax elwie on page g
of this roan sicaL
Rel ProPerq•Tu Service Ageq Title cempany ldbrnulion
,. Dist. Section Block Lot
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Company Name
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►ahYle Title Number
FEE PAID BY.
®Commonwealth. Cub_Check `—Chup_
Land Tithe Insurance Companv Payer same as R a R
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Group
A ItAi.... Hotdiq,c..'n, NAM E.- '•aA
171 OLD COUNTRY ROAD.P.O.BOX 419.RIVERHEAD.NY 11901
ADDRF39--
xEco DkDRETURN TO
Suffolk
County Recording & Endorsement Page
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E, Sm'-AA (SPECffY TYPE OF INSTRUMENT I
The prembes heroin is situated In
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