HomeMy WebLinkAboutL 11648 P 723 I
DEED
of
1D1STP1CTDEVELdT2 MlJN RIGHTS BLOCK LAT
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HIS INDENTURE , RADE the 1 day oil October 21 19990
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SHO-710 ETWEEN JOHN WICKHAM, ANNE L . WICKHAM, THOMAS H. WICKHAM AND
EKEE Y. WICKHAM, residing at No Number Route 25 , Cutchogue, New
ti PHASE III ork 11935 , party of the first part,
._________ AND the COUNTY OF SUFFOLK, a municipal corporation having its
DISTRICT ffice and principal place of business at . County Center, No
1000 umber Center Drive , Riverhead, New York , party of the second
•--------- part;
SECTION
110 . 00 ITNESSETH that the party of the first part , inconsideration of
•_________ $10 . 00 and other good and valuable consideration paid by the
BLOCK party of the second part, DOES HEREBY GRANT AND RELEASE unto the
j 01 . 00 party of the second part, its successors and assigns .forever, THE
____ DEVELOPMENT RIGHTS, by which is meant the permanent : legal
LOT interest and right, as authorized by §247 of the -New York State
001 . 000 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, with the
'. 4 buildings and improvements thereon erected, situate, lying and
being at Cutchogue , Town of Southold, County of Suffolk and State
of New York, being more particularly bounded and described as
follows :
BEGINNING at d point on the easterly side of New Suffolk Road,
{ said point being situate the following three ( 3 ) courses and
distances as measured along the easterly side of New Suffolk
Road, from the extension easterly of the center line of Wick' s
Road:
( 1) North 3 deg. 58 min. 50 sec . East 26 . 66 feet ,
( 2 ) North 3 deg. 46 min. 40 sec . West 92 . 59 feet,
( 3 ) North 9 deg. 03 min. 20 sec . West 1405 . 91 feet;
a
RUNNING thence from said point of beginning along the easterly
and northeasterly side of New Suffolk Road the following two ( 2 )
courses and distances :
( 1 ) North 9 deg . 03 min . 20 sec . West 80 . 53 feet,
( 2 ) North 49 deg. 07 min. 50 sec . West ,127 . 22 feet to land now
or formerly John J. Wickham et al;
RUNNING thence North 4 deg. 36 min. 30 sec. East along land now
or formerly John J. Wickham et al 725 . 06 feet to land now or
formerly wickham' s Fruit Farm;
RUNNING thence North 85 deg. 04 min. 45 sec . East through the
land of the party of the first part 609 . 20 feet to the easterly
side of a dike;
RUNNING thence still through the land of the party of the first
part along the easterly side of a dike the following twelve ( 12 )
courses and distances :
( 1 ) South 17 deg. 19 min. . 15 sec . West 41 . 03 feet,
( 2 ) South 8 deg. 41 min. 34 sec. East 100 . 61 feet ,
( 3 ) South 27 deg. 41 min . 49 sec . East 367 . 31 feet,
(4 ) South 52 deg , 22 min . 25 sec. East 98. 70 feet,
( 5 ) South 43 deg . 02 min . 59 sec . East 103 . 99 feet,
( 6 ) South 24 deg . 38 min. 20 sec . West 116 . 95 feet,
( 7 ) South 40 deg. 53 min. 00 sec . East 71 . 17 feet,
( 8 ) North 73 deg. 04 min. O5 sec . East 79 . 39 feet ,
a r'.
_.
Mwill
RECORDED _ oars i9 1993 wwom P"0=0 �`
( 9 ) North 76 deg . 56 min. 28 sec . East 55 . 67 feet ,
( 10 ) South 69 deg . 04 min . 10 sec . East 73 . 06 feet,
( 11 ) South 48 deg . 33 min . 20 sec . East 94 . 98 feet ,
(°12) South 23 deg. 25 main . 08 sec. East 135 . 44 feet to land now
9 or formerly Thomas H . Wickham, et al;
a
( RUNNING thence North 90 deg. 00 min, 00 sec . West along land now
or formerly Thomas H. Wickham et al 1200 . 48 feet to the easterly
I side of New Suffolk Road and the point or place of BEGINNING.
$jING AND INTENDED to be the same premises conveyed by the Estate
Henry P . Wickham , by deed dated 7, IlYs /recATed i-t+-
the Suffolk County Clerk' s Office in Liber cp
TO HAVE AND TO HOLD the said Development Rights in the premises
herein granted unto the party of the second part, its successors
i
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 ,
art to use of
P
'I 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 October 17 , 1990 as the same is
recorded in the office of the Suffolk County Clerk in Liber 11194
cp 427 , 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
subsequent to the closing of title herein; or ( 3 ) any action,
suit, claim, or proceeding seeking money damages , injunctive
relief, remedial action, or other remedy by reason of a violation
or non-compliance with any environmental law; or the disposal ,
discharge or release of solid wastes , pollutants or hazardous
substances; or exposure to any chemical substances, noises or
vibrations to the extent they arise from the ownership,
operation , and/or condition of the premises prior to or
subsequent to the execution of the deed of development rig S .
This covenant shall runEDWARD P.ROMME
RECORDED' oar# 19 1993 WMQFMUK= Y
q YA
Hf3XES 5 TRU MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILIP
1" -,SVFFOLI +COUN.TY CLERK Z
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a L iG= RECE Ep � -�
�y
Number ofpages REAL ESTATE c rrn
OCT 19 1993 nti `"
c x :7 W
Serial# c'c' �' o
m
A TRF i ,Lc.N IAX' v
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Certificate# Cn Y rte-- w
11 _ -m..
# ._
't'g Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
to
� 4
FEES
Page/Filing Fee Mortgage Amt.
Handling -4— 1.Basic Tax
TP-584 2. SONYMA
Notation Sub Total _
EA-5217(County) Sub Total 3.Spec./Add.
EA-5217(State) TOT.MTG. TAX _
R.P.T.S.A. /✓ ��� � Dual Town_Dual County
Held for Apportionment
Comm.of Ed. 5_._00_ ——
a,,s�'ti— Transfer Tax ,_
Affidavit
Mansion Tax _
Certified Copy
---------- The property covered by this mortgage
(�� is or will be improved by a one or two
Reg Copy — Sub Total _ �' `� family dwelling only.
Other YES_ or NO
y GRAND TOTAL—�On If NO,see appropriate tax clause on
Page# of this instrument.
,o Real Property Tax Service Agency Verification G
Dist Section Block Title Company Information
> I8'J4It Lot
1000 110.00 01.00 001.003 (20XItq0rVU)e/417' k .
Comp
Date any Name 4/114Vh~
FEE PAH)BY: Title Number
Cash_Check Charge
Payer same as R&RSM+"
oR l .0 s LI GGl On/Gt/2 !4 l�4
RECORD & RETURN TO
g Suffolk County Recording & Endorsement Page
This page forms part Of the attached deed made by:
(Deed, Mortgage, etc.)
John Wickham, Anne T Wickham,
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
' -Phomas H. Wickham and G_,-_,. •-i 'x' am
County of Suffolk TO In the TOWN of Southold
In the VILLLAGE ,.
RECORDED oars 19 1993 acs cFs° `