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Home My WebLink AboutL 12273 P 138..~ la ~~3 Q ~ DEF,U OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 25th day of August, 2003, BETWEEN JOHN ELAK, residing al 20730 Main Road, Mattituck, New York, party of the first part, AND the TOWN OF SOUTHOI.D, a municipal corporation having its office and principal place of business at 53095 Main Road (Route 25), Southold, Town of Southold, County of Sufiblk and State of Ncw York, party of the second pan; ~~ WITNESSETH, that the party of the airs: part, in consideration of Sla HU~iDRED THIItTEEN THOUSAND FIVE HUNDRED FORTY-FIVE (SG13,545.00) -~- DOLLARS, lawful money of the United States and other good and valuable consideration paid by the party of the second pan, DOES HEREBY GRANT AND RELEASE unto the party of the second pan, its successors and assigns forever, THE DEVELOPMEi\'T RIGHTS, by which is meant the permanent Icgal interest and right, as authorized by section 247 of the Ncw York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises and any shttctures thereon for any purpose other than agricultural production, to the properly described as follows: 1 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Coumy of Suffolk and State of New York, being bounded and descnbed as follows: SEE RIDER ATTACHED TOGETHER with the iron-exclusive right, if any, of the party of the fast part as to the use for ingress and egress of any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the fast part in and to said premises, insofar as the rights granted hereunder are cor-cerned. TO HAVB AND TO HOLD the said Development Rights in the premises herein granted urno the party of the second part, its successors and assigns, forever, AND the party of the first part covenants that the party of the fast 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 naadng with the land in perpetuity, further covenants and agrees for the party of the fuel part, and the heirs, legal representatives, sucxessors and assigns of the party of the first part, to use the premises on and after the dau of this instrument solely for the purpose of agricuhural production. This covenant shall run with the land in perpetuity. AND The party of the first part, as a covenant rurming with the Iaad in perpetuity, further wvenants and agrees for the party :h5 first part, and the heirs, legal 2 RIDER TO DEED OF DEVELOPMENT RIGHTS DATED AUGUST 25, 2003 BETWEEN JOHN FLAK and TOWN OF SOUTHOLD BECINNIA'G at a point on the southerly side of the Main Road at the no east comer of the premises herein described; said point being 175 feet westerly as measured along the said southerly side of the Main Road from the northwcscterly corner of lead of Dickerson; said point also marking the northwest comer of lands of John and Anne Elak as contained in deed Liber 7934 page 481; from said point of beginning; RUNNING THENCE along said land of John and Arine Elak the following two (2) courses and distances: South 06 degrees 44 minutes 37 seconds East, 276.18 fcet; South 81 dcgrces 09 minutes 13 seconds Easl, 85.21 fat; THENCE along land now or formerly of John and Armc Elak and along land now or formerly of Frances J. Bogut and John F. 3ogut and along ]ands now or formerly of James F. Brash and Nancy J. Brush, Gerard Sha~ ~ end Susan Shaw and Anthony Laura and Patricia Laura, South 02 degrees 18 minutes 57 seconds East, 1,759.54 feet to the northerly side of New Suffolk Avenue; THENCE northwesterly and westerly along New Suffolk Avenue the following two (2} courses and distances: North 65 degrees !0 minutes 37 seconds West, 75.12 feet; -~ 5outh 83 degrees 11 minutes 30 seconds West, 593.G3 feet to land now or formerly of Alma T. Suter, THENCE northwesterly along said land North 02 degrees 07 minutes 26 seconds West, 1,721.34 feet to other land of John and Anne Eiak; THENCE along said land the following two (2} courses and distances: North $3 degrees 22 minutes 44 seconds East, 125.00 feet; North 02 degrees 07 minutes 26 seconds West, 275.00 feet to the southerly side of Main Road (NYS Route 25); THENCE easterly along said southerly side of Main Road (NYS Route 25) North 83 degrees 22 minutes 44 seconds East, 422.54 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed from Magdalena Elak, dated March 28, 1979, and recorded in the Suffolk County Clerk's office on Apri14,1979, in Libcr 8606, at Pagc 19. ~- ~-- \. EXCEPTING THEREFROM THE. FOI.IAWING T~YO t21 RESERVED AREAS- Reserved Area #1: ALL that certain plot, piece or -parcel of land, situate, lying and being al Cutchogue, in the Town of Southold, County of ~ufl'olk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of the Main Road at the northeast corner of premises herein described; said point being 175 feet wt~terly as measured along the said southerly side oC the Main Road from the northwesterly comer of land of Dickerson; said point also marking the northwest corner of lands of John and Anne Ehtk as contained in deed Liber 7934 page 481; from said point of beginning RUNNING THENCE along said land of John and Anne Elak the following two (2) courses and distances: South 06 degrees 44 minutes 37 seconds East, 276.18 feet; North 81 degrees 09 minutes 13 seconds East, 85.21 feet; THENCE South 02 dcgmes 18 minutes 57 seconds East, 25.17 feel; THENCE South 81 degrees 09 minutes l3 seconds Wcst, 108.28 feet; THENCE North 06 degrees 44 minutes 37 seconds West, 302.17 feet to the southerly side of Main Road (NYS Route 25); THENCE along the southerly side of Main Road (NYS Route 25) North 83 dcgrces 22 minutes 44 sceonds East, 25.00 feet to the point or place of BEGINNING. Reserved Area #2: ALL that certain plot, piece or parecl of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded -~ and described as follows: BEGINNING at a point on the southerly side of the Main Road at the northeast comer of the premises herein described; said point being 364.13 feet westerly as measured along the said southerly side of the Main Road from the northwesterly comer of land of Dickerson; from said point of beginning RUNNING THENCE southerly along the arc of a curve bearing to the left having a radius of 25.00 feet. a distance of 40.00 fat; THENCE South 10 degrees 07 minutes 33 seconds East, 22G.48 feet; THENCE, along the arc of a curve bearing to the left having a radius of 25.00 feet, a distance of 36.71 fcet; THENCE North 85 degrees 44 minuses 35 seconds East, 95.04 feet; THENCE South 04 degrees 48 minutes 39 seconds East, 535.00 fcer THENCE South 85 degrees 44 minutes 35 seconds West, 300.00 feet; THENCE North 04 degrees 48 minutes 39 seconds Wcst, 535.00 feet; THENCE North 85 degrees 44 minutes 35 seconds East, 124.54 feet; THENCE along the are of a curve bearing to the left having a radius of 25.00 feel, a distance of 41.83 feet; THENCE North 10 degrees 07 minutes 33 seconds West, 223.16 feet; THENCE along the arc of a curve bearing to the Icfl having a radius of 25.00 feet, a distance of 37.74 feet to the southerly side of Main Road (NYS Route 25);. THENCE along the southerly side of ltiiain Road (ATYS Route 25) A'orth 83 degrees 22 minutes 44 seconds East, 80.15 feet to the point or place of BEGINNING. Number o(pages " ( 1 ~ TORRENS 1 Serial q Certificate q ~•'• ' Prior Ctf. q Deed /Mortgage Instnuncm a `/ Page /Filing Fce ~C Handling J Twsga Notation _ ~ GA-s2 17 (County) SuA Taal L.A-5217 (Blatt) O R.P.T.S.A. Caron. of FiL S Q~ . Atl7davit _ Certifi d C ~ ~~ e o Rcg. Copy Other Sub Taal GRAND TOTAL I'rpS ~ . . OS 5 Real Irropcrty Tax Service Agrncy Verifirntion Dist. Section B Iodt IAt Stamp ~~364~ 1000 11500 OBOO 00300H , ,: T Date R CMA R Initials 17-SEP ~ Sa113(aCl10RS/1715CnarsC9/KCICaaCS'Llat trope. ay vwnc,a ,•.au..,H ndl RECORD & RETURN TO: '9 ..r Deed /Mortgage Tax Stamp REGORGED 2003 Sep 19 01:16:30 PN Eduard P. Rotsailte CLERK OF SUFFOLK COUNTY L Dp0012273 P 138 DTY p3-0ti933 Recording /Filing Stamps Mortgage Alnl. 1. Buic'1'az 2. Additional Tax Sub Total SpecJAait. Or Spec. /Add. _T TOT. MTG. TAX Dual Town Dual County Held fur Apportionment '1'mnsfer Tax Mansion Tax 'Itre pnrpeny covered by this mortgage is or will be improved by a one or two family Jwclling only. YF.S or NO If NO, sec appropriate tax clause on page q / of this instmment. ia5 ~ 03 6 Community Preservation Pund C:onxideration Amoum $ ( CI'IT Tax Due S Vacant Land Tn _,~6u~ ., 't'D 7'I) O aJl.l n.a tJ ~ So .l ,Y t c I p 3 ~ 9 r ~. A ~' ~-~a ~ d S a v ~- L, o) p /U y g Title ~ ~ g ~ ~ Co. Name Title fl Information S} £ u • i i- T. ~--L ~a.~. _ n _ ~~09 ~Ihis page forms part oCihr attached ~~~, E u ~ ~ ~~ t:,r t: i o~ n, r _ ~ ~~' 1'Snaac~bv: (SP[iCTFY'IYPE OF INS777,UMENT) -o ~ .. ~ 1 ,o,. IL ~}~ ~y~yos flcrcin is situatrd in SUI7'OLK COUNTY, NEW YORK. TO In the Township of ~.o ~ ~- >_ a , ~ ~,o u,,,, .o ~ s a ~+ `M' ~a ,~ Inthn VILLAGE or 11AIv1LL•T of BOXLS S 71i[tU 9 MUST BC 7YYFJ~ OR PRINTL:U IN BLACK INK Or~1LY PRIOit TO RIi(.'ORDING OR FILING. . (OVER) SIIFFOLR COIINT7t CLERK RECORDS OFFICE RECORDING PAGE Type of Instruments DSBDS/DDD Recorded: 09/19/Z003 Number of Pages: 17 Ats 01:16:30 PN TRANSFER TAX NU1~ER: 03-06933 LISER: D00012273 PAGE: 138 District: Section: Block: Lot: 1000 115.00 08.00 003.003 SXAMINSD AND CBARQED AS FOLLO~PS Deed Amount: 1$613,545.00 Received the Following Bees For Above Instrument 8xempt 8xeagst Page/Filing $51.00 NO Handling $5.00 NO COS $5.00 NO NYS SRC80 $15.00 NO SA-CTY $5.00 NO 8A-HTATB $50.00 NO TP-584 $5.00 NO Cert.Copies $11.05 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Ca~mm.Prea $0.00 NO Fees Paid $177.05 TRANSFER TA% NIIl®SR: 03-06933 TBIS PAf38 I9 A PART OF T8B INSTRUNBr1T THI3 IS NOT A SILL Edward P.Romaiae County Clerk, Suffolk County ~,: PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: hap:// www.orps.state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE ONLY C1. SW1S Cotle ~ REAL PROPERTY TRANSFER REPORT ,aF STATE OF NEW YOgK C2. Data Daed Recorded U STATE BOARD OF REAL PROPERTY SERVICES th ay near a. Beek ~~~ ~,. Page =' RP - 5217 PROPERTY INFORMATION xv.sztt a°. aryl t. Property ~ 21140 I Main Road Location I Southold I Mattituck I 11952 I 21P COaE z. Bayer I Town of Southold I Name s NAME I 3. Tax Indicate wham forum iax Bifla em m be sent Billing rf other then buyer adtlreas let botmm of form) I AddraS9 FlRST NAME O I 4. Indleate the number of Aaseawnent STATE 214 CODE RWI paresis transfuretl on the decd 1 N of Parcels OR ^ (Only - Put of a Pamal) Check as th ~ aPpN: Pert of E Parcel M. Ptenning Board with Subdivision AuthorM Exists 6. Dead Property I X L I I 2 4 a-. Subdivision Approval was RequirM for Transfer Sire OR moNT rEFr oEpTx ncxes 5 4 aC. Parcel Approved for Subdivision with Map Provitled ^ 6. sell,, L Elak I John N8m! RgST NgME I ). Check Iha pox below which most accuratety tleaplbes tfu use of the property at the dma o/ sale: Cheek the boxn below as they apply: S. Ownarohip Type is Condominium A One Family Residential $ ~ ggricultural I ~ Community Service 9. New Construction on Varant land B 2 or 3 Family Residential F Commercial J Industrial 1gA. Property Lpcued whhin an Agricultural District C Residential Vacant Land G Apartment K Public Service tOB. Buyer received s disdoau.e notice intlicating D Non-Residential Vacant Lentl H Entertainment /Amusement L Forest [net the property is in an Agdcultuml District SALE IN FOflMATION > t6. ChecK one or more of these condidona as applicable to ttanalu: 11. Sale Conttect Date ~ 8 / `~ / 03 A Sele Between Relatives or Former Relatives Mann o•y veer B Sale Belvreen Related Com ponies or Partners in Business C One of die Buyers is ako a Seller 12. Deter of Sale / TrensAr I 3 f ~ /03 I \ D Buyer or Seller is Governmem Agency or Lentling Ins[iMion ' Momh Dey veer ~- Deed Type not Warranty or Bargain and Sale (Specify Belowl F 'Sale of FraRional or Less [hen Fee Interest (Specify Below) 13. Full Sale Prise ~ ~~I A ~ 4 ~ r. J G Significant Change in Property Between Taxable Status and Sale Dates ~ ~ a H Sale of 8usinesa is Included in Sale Price (Full Sele Price is the total amount paid for the prapeny including personal pmpeny. I Other Unusual Factors AHec[ing Sale Price (Specify Below) This payment may ba in the term of cash, other property or goods, or the assumption of mortgagee or ether obliga[ions.l Please round to the nearest who/e dollar empunc J _None ~ r^ 14. Indlcrte the valor of personal goperty Indurfed in the sale 16. W«~ f~A~ssm~ ~~olElt hem 02 03 1]. Total Asswaad VNUe (of ell parcels in barrsfx) 7 y f '3 0 0 1 ts. Property Gass I L 2 0 I-U 1g. School Dlsttiet Name I Mattituck 2p. Tax Map Idandliu(•1 /Roll Idrmtl(ierlsl I- more Man four, attaeh sheet whh add-ionsl IdemlHerlall 1000-115-8-3.3 1 CERTIFICATION I certlPy that all o[ the items M infanmtlon mteEerl on this form ate taus atld correct (to the beet or my knowledge. and belieq and 1 undetatatM tlmi the tualdng oP any wl11fW falie statemerd or material IkR herdn wl- subJect rtce to the provisioru oP 1M1e oerul n reJadve to the making and Rlittg as fate Instruments. BUYER I BUYER'S ATTORNEY Town of So hold ewe ,.TUBE ~'~~~~ /) oaTr G/\EE~/NUMBER'/ STP Ei1a... ~ / / aTOYM aT~ ZIP CODE SEL~LyER `, -~~ John Elak ~+ T Yakaboski Gregory F. E ..c ,_,_ 631 ~. 7fi5-1939 NEW YORK STATE COPY