HomeMy WebLinkAboutL 11314 P 475 11314K475 ars REAS
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DEVELOPMENT RIGHTS T.. 'ERTAX •�
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III THIS INDENTURE. MAD£'Yhe 6 day ofy ,
BETWEEN ALEXANDER H. ZANIESKI, JP.. and JOAN ZANIESKI, his wife,
�c CARL STELZER AND FRANCES J. STELZER, his wife, ANTHONY J.
r`
ZANIESKI and DOLOREt M. ZANIESKI, his wife, each having 1/6th
interest, c/o Esseks, Hefter & Angel, Esqs. 108 East Main Ctreet,
- �l! P. 0. Box 279, Riverhead, NY 11901 , party of the first part,
��I AND the COUNTY OF SUFFOLK, a municipal corporation having it;
I office and principal place of business at county center, No
a Number Center Drive, Riverhead, New York, party of the second
SHO-720 �I part:
----------I WITNESSETH that the party of the first part, in consideration of
DISTRICT iI, $10.00 and other good and valuable consideration paid by the
1000 1:' patty of the second part, DOES HEREBY GRANT AND RELEASE unto the
---------- party of the second part, its successors and assigns foreve:, T•'s
SECTION !; DEVELOPMENT RIGHTS, by which is meant tl., permanent legal
095.00ii ,.
interest and right, as authorized I _ .7 of the New York " .ate
General Municipal Law, as amended, End :,ocal Law 16-1981 _i the !
BLOCK : County of Suffolk, to permit, require cr restrict the .se of the
-' 04.00 premises exclusively for agricultural production as _net term i, :
-_ r
--------- defined in Local Law 16-1981 of the County of Su--.olk, and the ,
LOT lI right to preserve open space as that term is d" _ined in 4247 of
the New York State General Municipal Law, amended, and the j
---------- right to prohibit or restrict the use the premises " �i
.or any I
OvS.003 purpose other than agricultural pi _9action, to th= property
. �' described as follows:
I 1#
ALL THAT CERTAIN PLOT, piece or parcel of land, situate, lying 4
and being at Cutcogue, Town of. Southold, County of Suffolk and
State of New York, being more particularly bounded and described C -
_ as follows:
BEGINNING at a point on thcTFasteriy tide of Alvah's Lane distant
721.90 feet Southerly from the cornet: formed by the intersection i
--UD :
•' of the Easterly side of. Alvah'. Lane with the 'Southerly side of
_ :i Oregon Road;
mw i'_ _ 'jl thence North 57 dr•gro.es 00 minnt„E: 3n �vconda East, a distance of
se 7.16.50 feet to the true point and place of bc•ginning;
thence North 37 degrees 21 minutes 10 second:• west, 822.07 feet
to the Southerly side of Oregon Rcac;
thence the following two courses ai.0 distances along the
Southerly side of Oregon Road;
ij 1. North 48 degrees 38 minutes 50 ,seconds East, 302 .65 feet;
;j 2. North 49 degrees 51 minutes 30. seconds East, 111 .46 feet; j
_ I
ISI thence South 37 degrees 30 minutes 30 seconds East, 905. 28 feet;
thence South 37 degrees 15 minutes 55 seconds East, a distance of
1074.79 feet;
it thence South 37 degrees 22 minutes 45 seconds East, a distance of
Ili 840.36 feet;
SII thence South 57 degrees 57 minutes 55 seconds West, a di_tauce of
669.36 feet;
\ I thence South 35 degrees 24 minutes 15 seconds East, a distance of
II 1266.00 feet;
j thence South 58 degrees 07 minutes 35 seconds West, a distance of
16.53 feet; j
I
thence North 35 degrees 24 minutes 15 seconds west, a distance of
1272.00 feet; ;
1 i314FA76
thence North 35 degrees Z1 minutes 30 seconds West, a distance of ct K_P
'I 1601.41 feet;
i
(I thence North 29 degrees 23 minutes 38 records Wedt, 294. 14 feet
to the point ur place of BEGINNING.
�I BEING AND INTENDED to be the same premises conveyed to ALEXANDER
!� H. ZANIESKI, J.,. and JOAN ZANIESKI, his wife, CARL STELZER AND
!; FRANCES J. STELZER, his wife, ANTHONY J. ZANIESKI AND DOLORES M.
�! ZANIESKI, hit, wife, each having a 1/6th interest, the source of
title being deed from Zani.eski Farms, Inc. , dated June 17, 1987,
recorded June 23, 1987 in Liber 1034'7 eige 331. Said Premises
are known and designated as Digtri-. 10( Section 095.00, Plock
04 .00, Lot 005 .001.
i
iTO HAVE AND TO HOLD the said Development Rights in the premises
herein granted unto the party of the �rcond part, its successors
and asi:igns, forever;
Ij
AND the party of the first part covenants that the party of the i
�I first part has not done or suffered anything whereby the said r
ii p: -mises have been encumbered in any way whatever, except as li
aforesaid. The party of the first part, as a covenant running
with the land in perpetuity, further covenants and agrees for the
i'iparty of the first part, and the heirs, legal representatives, !
successors and assigns of the party of the first part, to Ise 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
jj 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 11245
I. cp 158, portions of which as contained herein have and will
survive the delivery of this instrument of conveyance.
it
The party of the first part, its heirs, assigns and;or party or
parties in lawful possession of the prem.ses subject. to this deed i
j of development rights, pursuant tc lease, license, or other
arrangement, covenants and agrees _1,it 't will not remove any
soil from. the premises described h.-•e.:�.
-- The party of the first part, its heir=, assigns and/or party of
. " parties in lawful possession of the premises subject to this deed
of developme,,t rights, pursuant to lease, license, or other
i o 'v' agreesI t W 1 e
arrangement,_ _�venant. and that _t ill a not .negate,
( 9
j store or dispose of hazardous sub stanres. 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 a:;certaining .site
conditions and ;.or inspection of the premises for compliance with
this agreement. This covenant shall tun with the land in
perpetuity.
The party of the first part, its heir-, assigns and/or party or
parties in lawful possession of the premises subject to this deed
of development rights, pursnant t^ ieJse, license, or other
++ !i arrangement, covenants and agrees that is shall indemrlfy and
held catty of the second part and any of its officers, agents,
employees., and, their resp�-ctr;e successors and assigns, harmless
from and against any and all damages, claims, losses, liabilities
! and expenses, including, witho•at limitation, tespon_:lbility for
—' legal, consulting, engineering and other costs and expenses which
s
may arise olt of ( 1 ) any inaccuracy or misrepresentation in zany
representation or warranty made by seller In this 3greement;';, (2)
':Ithe breach or non-performance of an✓ ovenants required by this
agreement to be performed by the =elle:', either prior to or
subsequent to the closing of title .i i; or (3) any action
suit, claim, or proceeding seeking mor, damages, injunctive:"
ISI relief, remedial action, or other remedy by reason of a violation
j or non-compliance with any environmental law; or the-disposal,
.. discharge or release of solid wastes, pollutants or hazardous
s
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[; -6176.., o(dGIN�}L
2
12000PC080 $ REn� ) RECORDED
Numberofpage, R-- l ESTATE
rolutEns NOV 151999 99 NOV Is PH 3! 38
yy�
J Serial M
• :: . TRA ZF1 ei TAX ,C
Certificate ff Sl1PF.';t.K CLF tt�, OF
counter SUFFOLK COUNTY
Prior Cir.it MGM
Deed/Mongage Insimmenl �.`
Deed/Mortgage Tax Stamp Recording/Piling Sloops
1
FEES
Page/riling Fee n F7
Mortgage Amt.
Handling � --
TY-394 C I.Basic Tax
Halation
--1/ 2.Additional Tax
—L —_
FA-32 17(County) Sub Total
_.�'D Sub Total _
CA-3217(Slate) _ Spea/Assi6
Spec./Add,
5 OQ_ 011:m
TOT,MTO.TAX
Cmnm.of IiJ. Dual Town
__Dual CnwtlY_
Affidavit I Icld for Apportionment
Cenifi<d Conv �� Transfer Tax
Mansion Taz
Reg.copy The propenyp covered this mon
by gagc isis or
will bea improved by a one or
Other Sub Total �O_ dwelling only. two family
—' YES or NO
GRAND TOTAL—.22 it No,sec appropriate tax clause on page 1/
CL
—oft instrument.
Real Property Tax Service Agency Verification
Dist Section 6 Community Preservation Fund
Black
IA Lot Consideration Amount$_�___
do 4N Tax Due
le
nproved
7 Satisfactions/Discharges/Relcascs List Property Owners Mailing Addre' acl n I m d✓
RECORD&RET URN TO: D
..D
COUNTY OF SUFFOLK
N.LEE DENISON BUILDING D
100 VETERANS MEMORIAL.HIGHWAY
HAUPPAUGE-NEW YORK 11788.
ATIN:ALLAN D.GRECCO
s Ti111:Company Llfurmalion
Co. NameADVANTAGETITLEAGENCY,9M
Title N .S 6 -
Suffolk Count Recordin & Endorsement Pa e
'Ibis Inge tomo put of[IVauadtccl �o p✓24", 2
(SPECIFYTYPEOFINSLRUM—ENT� nmdc by:
�S �sm.Y• •C-C
"T premises herein is situated in
SUITOLK COUNTY,NEW YORK
f�1 o e In the Township of Ste,,•}�n`I ..—
.riAo 6t t1m VILLAGE
or I IAM1.E'T of
IIUXIiS 5'1'IRU 9 MUST T)E•TYPED Olt PIt1Nl'ED IN OLACK INK ONLY NUOlt TO RECORDING Olt 1:11.1 NG.
(OvrRl
DISi?31C7 SECTION BL(X r
CORRECTION DEED
of
DEVE IL'IO�,PMENT RIGHTS
THIS INDENTURE,MADE the�I I I day of*L , 1931,
BETWEEN ALEXANDER H.ZANIESKI,JR.and JOAN ZANIESKI,his wife,CARL
STELZER and FRANCES J. STELZER. his wife, ANTHONY J. ZANIESKI and
DOLORES M.ZANIESKI,his wife,each having a 1/6th interest,c/o Esseks,Hefter&
Angel,Esgs.,108 East Main Street,P.O.Box 279,Riverhead,N.Y. 11901,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;
WITNESSETH that the party of the first part,in consideration of S 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 pan,its successors and assigns
forever,THE DEVELOPMENT RIGHTS, by which is meant the permanent legal
interest and right,as authorized by§247 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 right to preserve open
space as that term is defined in §247 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 Cutchogue,
Town of Southold, County of Suffolk and State of New York, being bounded and
described as follows:
BEGINNING at a point on the Southwesterly record line of the premises being described
herein, said point being the following two (2) courses and distances from the comer
formed by the intersection of the Northeasterly side of Alvah's Lane with the
Southeasterly side of Oregon Road:
1) Southeasterly along the Northeasterly side of Alvah's Lane,721.90 feet;
2) North 57 degrees 00 minutes 30 seconds East,706.50 feet to the true point or place of
beginning.
RUNNING THENCE North 37 degrees 21 minutes 10 seconds West,822.07 feet,to a
r i'S
Point ori the Southeasterly side of Oregon Road: ,`
tz .a
THENCE the following two (2) courses and distances along the Southeasterly side of
Oregon Road: kyr..
1) North 48 degrees 38 minutes 50 seconds East,302.65 feet;
2) North 49 degrees 51 minutes 30 seconds bast,31 1.46 feet:
THENCE South 37 degrees 30 minutes 30 seconds East,905.28 feet ?`
THENCE South 37 degrees 15 minutes 55 seconds East, 1074.79 feet: I`s"
THENCE South 37 degrees 22 minutes 45 seconds East,840.36 feet; i;'�:
THENCE South 57 degrees 57 minutes 55 seconds West, 669.36 feet,
THF14CE South 35 degrees 24 minutes 15 seconds East. 1266.00 feet; k'.
THENCE South 58 degrees 07 minutes 35 seconds West, 16.53 feet:
THENCE North 35 degrees 24 minutes 15 seconds West, 1272.00 feet: f,
THENCE North 36 degrees 21 minutes 30 seconds West, 1601.41 feet
THENCE North 29 degrees 23 minutes 38 seconds West, 294,14 feet to the point or r
place of BEGINNING, F>y'
kTHIS IS A CORRECTION DEED FOR DEVELOPMENT RIGHTS to correct the Y ,y
following two deeds of record for the above described premises as recorded in the office w: :+
Of the Suffolk County Clerk (I)To correct the legal description of a deed recorded in k,<�%F"(
Liber 11314 Page 475,due to the fact that it contained an erroneous point of beginning:'" r
and (2) to correct a correction deed recorded in Liber 11875 Page 134, which corrected
the erroneous description in Liber 11314 Page 475, but which failed to contain the'
necessary Development Rights language This correction deed will confirm that both of
the aforementioned deeds were for Development rights only, as that term is defined
herein. t.
BEING AND INTENDED to be part of the premises conveyed to ALEXANDER H_ �
ZANIESKI. JR. and JOAN ZANIESKI. his wife, CARL STELZF_R and FRANCES 1. e
STELZER. his wife.ANTHONY J.ZANIESKI and DOLORES M.ZANIESKI,his wife,
each having a 1/6th interest, the source of title being a deed from Z_anieski Fauns, Lie.,
i'ctiXu" ,.Is
dated June 17, 1987, recorded June 23, 1987 in Liber 10347 Page 331. Said premises are ryAk
known and designated as District 1000.Section 095.00.Block 04.00.Lot 005 003
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
5y .
land in perpetuity, further covenants and agrees for the party of Ute first par, and the
4
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