HomeMy WebLinkAboutL 11776 P 679 x/776 79
DEED OF
DEVELOPMENT RIGHTS
THIS INDENTURE, made this 29th day of May, 1996,
BETWEEN JOHN J . KOROLESKI, A/K/A JOHN J. KOROLESKI, JR.,
as the sole heir at law of ROSE E. KOROLESKI, A/K/A ROSE KOROLESKI,
deceased, located at 182 Sound Avenue, Mattituck, New York, party of the
first part, and
THE TOWN OF SOUTHOLD, a municipal corporation of the State of
New York, having its office and principal place of business at 53095 Main
Road, Town of Southold, County of Suffolk and State of New York, party
of the second part.
WITNESSETH
That the party of the first part, in consideration of ten (310.00)
dollars, lawful money of the United Staes, 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
part, its successors and assigns forever, the DEVELOPMENT RIGHTS, by
which is meant the permanent legal interest and right, as authorized by
Section 247 of the New 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 15 of
the Code of the Town of Southold, and the right to prohibit or restrict
the use of the premises for any purpose other than agricultural
production, to the properties described in the attached Schedule A.
TOGETHER 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
abutting the described premises to the center lines thereof,
TOGETHER 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 HOLD the said DEVELOPMENT 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 assigns 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 3 of the Lien Law, as same 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 production shall also include fences,
equipment storage buildings, livestock barns, irrigation
systems, and any other structures used exclusively for
agricultural purposes.
The party of 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 representatives 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
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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
Section 335 of the Real Property Law, or any of such sections of the Town
or Real Property Law or any laws replacing or in furtherance of them.
The word "party" shall be construed as if it reads "parties"
whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed
this deed the day and year first abo wr' t n.
John J . Koroleski, a k/a John J .
Koroleski, Jr. , as the sole heir
at law of Rose E. Koroleski, a/k/a
Rose Koroleski, deceased
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
On the 29th day of May, 1996, before me personally came
John J . Koroleski a/k/a John J . Koroleski, Jr. , as the sole heir
at law of Rose E. Koroleski, a/k/a Rose Koroleski, deceased, to me
known to be the individual described in and who executed the foregoing
instrument, and acknowledged that he executed the same.
Notary Pu lid
KAREN J.4ACEN
Pla[ary Puolic.>te:e of Naw York
luaiified nEurcL<-O.nW I
camnnmon!<o;re=_tAww=L.9
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SCKEDULE A
_.E PREMISES -IN WHICH THE INSURED HAS rBE ESTATE OR INTEREST COVERED BY THIS ?OLICY
Amended: 5/2/96
ALL that certain tract, piece or parcel of land, situate, lying and be mg ac or near
Matt-- tuck, in zae Town of Southold, County of Suffolk and State of New `Cork, bounded
and described as follows :
BEGINNING at a point on the northerly side of Sound Avenue (North Road) distant
westerly 1536 .07 feet from the corner formed by the intersection of the westerly side
of Bergen Avenue and the northerly side of Sound Avenue (North Road) ;
RUNNING TT_3...4CE North 17 degrees 19 minutes 30 seconds Nest along land now or formerly
of __croleski, 364 .02 Peer;
THENCE South 72 degrees 40 minutes 30 seconds Nest still along said land now or
former'_y of Xoroleski, 212 .32 fa_et to the 'easterly line of a twenty-five (25) foot
riar-t of way;
THENCE _nortaer_y along side richt of :ray, the following sx (6) courses and distances:
1)
Tort'- 19 decrees 02 minutes 00 seconds hest, 1187.36 f___ to a concrete mcnumer-t;
2) Porth 21 degrees 1S minutes 00 seconds 'West, 709._6 f___ to a concrete monument;
3) North 20 degrees 01 minutes 00 seconds West, 893 .31 f___ to a concrete monument;
4) vor_a 14 degrees 26 minutes 00 seconds West, 206.07 feet
3) Norta L° degrees 30 minutes 00 seconds Nest, 105 .49 f__ ; and
6) North 2.. degrees 08 minutes 00 seconds Nest, 436.31 tete to a concrete monument and
the southerly line of a twenty-five (25) foot richt of away;
T=CE North 70 decrees 08 minutes 00 seconds East along said scutherly eine of a
twenc-r-five (25) foot riot of way, 1057.',1 -feet to a concrete -monument and land now or
-formerly of Wierbicki;
HENCE Scuch 20 dear=_es 17 minutes 00 seconds East alone said :and now or -ormerly of
Wierbl C?c, 105 . 77- -__-. .o a Concrete monument;
-HNC= South 19 degrees 31 minutes 00 seconds East along said land 773 .70 -'_et tO a
corcreta monument;
'-?--INCE Sollth 73 decrees 10 minutas 00 seconds West at-411 along said land and lacer
alone 1-and now or former-7 of Entanmann, 1'8.;0 '_et;
-=CE along land mow or formerly of Entenmann the followine seven (7) courses and
distances:
'_) Sour= 53 degrees 44 minutes 00 seconds Nest, 237.60 -feet;
2) South 13 degrees 52 minutes 30 seconds East, 695. 00 f___,
3) Scuta 19 decrees 26 =.. 1
utas 30 seconds Z_ast, 2' .30 f___,
4) Scuch 19 decrees 35 minutas 00 seconds East, 3323 .00 feet,
5) Scut: 2_ degrees 08 mi;-ut=_s 00 seconds East, 228.10 ,
6', Scuc: 19 degrees _., -minutes 00 seconds East, 396 .60 t___,
Scutr 19 degrees -- .._=„_s 30 seconds East, 109 , 79 f___ :c =and cow 3r `ormier'-y of
Concnued)
SCHEDULE A CUNPINUED:
THENCE South 72 degrees 40 minutes 30 seconds West along land now or =caner'_
of 3orclesk_, 280 .20 feet;
THENCE South 19 degrees 31 minutes 00 seconds East st'il'l alone said --and 520 .53
feet to the northerly side of Sound Avenue (North Road) ;
THENCE North 72 degrees 08 minutes 30 seconds gest along the northerly S4 de of
sound Avenue (North Road) , 4-6 .04 feet;
THENCE North 81 degrees 34 minutes 30 seconds 'Nest and still along said
northerly side of Sound Avenue (North Road) , 134.49 feet to the point or place
of BEGINNING.
FOR CONVEYANCING ONLY, (Together with all right, title and interest or, in
:-==ED FOR CONVEvANCT_NG(and to anv streets and roads abutting the acove
(described oremises, to the center line thereof.