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Home My WebLink AboutL 11858 P 19 DIED OF DIVILOFMINT RIGHTS THIS INDENTURE, made the 81h day of October, 1997 BETWEEN CECIL T. YOUNG AND MARIAN G. YOUNG, HIS WIFE AS TENANTS IN COMMON EACH TENANT HAVING AN UNDIVIDED ONE HALF INTEREST, residing at No. # Main Road, Laurel, New York 11946, 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 ($10,00) dollars, lawful money of the United States, and other flood and valuable consideration paid by the party of the second part, DOES HERESY GRANT AND RRlLf1ASE unto the party of the second part, its successors and assigns forever, the DEVELOPMENT RIGHTS, by which 1s meant the permanent legal Interest and right, as authorized by Section 247 of the New York Stale General Municipal Law, as amended, t 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 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-exciusive 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 sold DEVELOPMENT RIGHTS herein granted unto the party of the second part, Its successor 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 dote of this Instrument solely for the purposes of agricultural production, -2- AND the party of the first part, covenants In all aspects to comply with Section 3 of the Lien Law, as some applies with sold conveyance, The definition of "Agricultural Production" as defined In Section 25- 30 of Chapter 25 of the Southold Town Code is as follows. Agricultural Productloi i 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, legr+l representatives or assigns, shall only use the premises on and atter 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 Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing them or In furtherance of them. The word "party" shall be construed as If It reads "parties" whenever the sense of this Indenture so requires. The party of the first part covenants and agrees that It will (a) not generate, store or dispose of hazardous substances on the premises, nor -3. 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 pr6mises 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 it 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, Ilabillfles and expenses, Including, without Ilmitatlon, 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; (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 -4- TITLE NO. RA970860 SCHEDULE A THE PREMISES iN WHICH THE INSURED MAO THE ESTAT E OR INTEREST COVERED BY THIS POLICY Amended 1018197 ALL that MUM plot, piece, or parcel of land, sl►uale,lying and being at Laurel, In the Town of Southold, County of Suffolk and State of New York being bounded and described as follows, BEGINNING at a point an the northerly aide of Main Road (N.Y S, Rte. 25)where some Is intersected by the easterly time,of land now or formerly of Luis and Lynn San Andres; RU14NING THENCE easterly from said point of beginning along the northerly side of Main Road(N.Y,S. Rio. 25) along the arc of a curve beating to the right having a radius of 4436.00 feet a distance of 385,67 feet to other lands now of Young, RU14NING THENCE along sold lands the following three(3) courses and distances: I North 20 degrees 54 minutes 45 second*West 247.96 feet; 2 North 59 degrees 04 minutes 10 second$Ent 182.20 feel. 3 North 69 degrees 54 minutes 10 seconds East 147.80 feet to a point; LtaI/IUfrPOOR MR MCMD" THENCE North 21 degrees 00 minutes 20 seconds West 55.77 leel to a point; THENCE North 73 degrees 10 minulas 55 seconds Well 73,86 feel; THENCE North 16 degrees 59 minutes 37 seconds Well 183.00 feet; THENCE South 75 degrees 12 minutes 37 second%West 256.40 feel. THENCE North 20 degrees 46 minutes 14 60conds West 203,89 feel; THENCE South 70 degrees 00 minutes 40 seconds West 50.27 feel; THENCE North 20 degrees 09 minutes 62 seconds Well 307,40 toot, THENCE South 51 degrees 15 minutes 02 seconds west 950,07 teat to a point of land now or lormerly of Luis 6 Lynn San Andres, RUNNING THENCE Soulh•19 degrees 53 minutes 10 seconds East along tool mentioned land 1074,67 lest to the northerly side of Main Road (N.Y,S. Rle, 25) at the point or place of BEGINNING, FOR CONVEYANCING ONLY, (Together with ell right, title end Interest of, In IF' INTENDED FOR CONVEYANCING (and to any streets and roads abutting the (above described premises, to(he center line (thereof. 11858 PC 019 io 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 rights. This covenant shall run with the land In perpetuity. Premises herein being part of the some premises described In Liber 10276 cp 375 to the Grantors herein. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Cecil T. Youn 7 Marlon G. Yo ng STATE OF NEW YORK ) )3s.� COUNTY OF SUFFOLK ) On the 8th day of October, 1997, before me personally came CECIL T. YOUNG and MARIAN G. YOUNG, to me known to be the Individuals described In and who executed the foregoing Instrument and acknowledged that they executed the some. \ IIl AA, ,Notary Public rAM R FAnAu O 0M***0" -g- OMrwnl+wUi►11,� i1 10139 CORDED 11858 K0 9 EM , Number of pager 244"M 0 RafAL 1VAT9 91 ICT21 AH 11142 TO RRKNN OCT 2 1 111'1 C JEFK OF11INL Sedma __, TN TAX FF�LKCOUNTY Certificate I COUNTY Prior ca.It '1009 Decd/Mortgage lnNnunant lard/Munaaao'rax Stomp Recording Piling Sumps 4 YRR9 Palo/'piling live ._ Monaaee Ana. Hanning _ 1. Panic Toa 17394 ._�.._ 2. Additional Tar Notation 80111,001 DA.1217(Crwnty) ,��" ,�_ Sub Toad `Y _. SIxTJArrh. _ 1x HA.5217(Statc) ._ 'Dae .41W./A,hl. ._ R.P.T.S.A, M'IYI,'1'A% L. Comm.of Dd. ._ ._�•!r)_ z ( A Item ror Algrxtlaanwut _ li Affklavh a 44e 'I7anshr'I'm ;�� CanlnedCopy _ r. hlnn•hx1'I'ur The IWtgMny caveeil by this mnngngo is tv Reg.Copy _, J will he Impnrvad by a one or Iwo flintily Sub'rdal ,�_ dwellingttrtly,^ Odor YIt9S of NO.. GRANDTOTAL ,J Ir NO,we aplanprus w low clause page r � '--- _•_..or thin instrument, IRorl properly Tn Service Agmey VerIncalkm 6 'title l'omp0ny Utrbnnalhm JWJ (Dist, Section lllock Lal 1000 125.00 _ 01,00 00(o. 004 T Company Name � fOQ1 (NEW NUMBER) lbmnenroalth land Title Insurance itte _ NoRaOX-...._ 'litre Number Inll u RH 970860 NIB I-All)IIY: 8 i : Commonwealth. Cash___Cltnck,&' Chago___... Payer NAMRt aC4f7MtY{R�R R )LnndThlclnsuranceCompany (or IJccnl i �./ 4- 177 OLD COWIN ROAD.PO ROX 4 10 AIVIAMOAD NY I 1201 —1/1OLDCOWINr0ADn0tax410AIVIAMOADNY11201 Sni f/• y� /� AODRHSS' ._ NRCUR NTUNNTO 7 ADD11=9 9 Suffolk County Recordin ► & Endorsement Page e Tlda pop(onto pan of the attachedDead,of Dev_elopmnt R�yhC� made by: (SI'll(:IIrY'I'YI'Ir Orr INTI'RUMUN'r) (hc(1 T. Young and Marian G. Young Tile premises Itcroln Is dlualcd In 8U11110I.K(Y)UNI'Y,NHW YORK, TO Tovm or! Southold Ill the VILLA0I: -- or IlAMldl'1'nf____Iaurcl ,—� BOXES STllplll9 h1US1'NBTYPED OR PRIN'l-LID IN HLACK INK UNLY PRIORLY)RBCORDINO OR Ir11.INO.