Loading...
HomeMy WebLinkAboutL 11946 P 75 DISTRICT SECTION BLOCK LOT 11 U -�2 y- / � ,00l �r r DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 5th day of February , 1999 BETWEEN Frances Zelinski, As Executrix of the Estate of Sophie Kaloski, a\Lja deceased, residing at 695 Alvahs Lane, Cutchogue, New York party of the first part, I�l� AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at 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 Five Hundred Seventeen Thousand Two Hundred Seventy Five Dollars and No Cents ($517,275.00) lawful money of the United States 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 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than its present state of use, agricultural production. to the property described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: T"6zs As AW lqoq File No. 70983209 SCHEDULE A PARCELI ALL that certain plot, piece or parcel of land,situate, lying and being of Cutchogue, in the Town of Southold, County of SUFFOLK and State of New York: BEGINNING at a point on the southeasterly side of land now or formerly of Droscoskl, Cassidy and Vallenti; RUNNING THENCE along the westerly side of Alvah's Lane south 47 degrees 02 minutes 58 seconds East, 1824.66 feet; RUNNING THENCE south 08 degrees 37 minutes 27 seconds East, 204.21 feet; RUNNING THENCE south 44 degrees 45 minutes 21 seconds West, 217.35 feet; 1/3 7-7 /`1 RUNNING THENCE north 4*degrees a'lminutes.2r seconds East,410.61 feet; U� 37 21 RUNNING THENCE south sl degrees37 minutes4*seconds East, 91.24 feet; RUNNING THENCE south 43 degrees 22 minutes 39 seconds East, 226.65 feet to land now or formerly of Doris Tynlec and MichaelCapuano; RUNNING THENCE along said lands south 44 degrees 45 minutes 21 seconds West, 82.73 feet; RUNNING THENCE along said lands and lands now or formerly Eugenia B. Kopustka south 40 degrees 54 minutes 10 seconds East 271.50 feet to lands now or formerly of Petrol Stations Limited; RUNNING THENCE along said lands south 47 degrees 48 minutes 31 seconds West, 360.84 feet to lands now or,\/ formerly of Gristina Vineyard's, LLC; RUNNING THENCE along said lands three (3) courses and distances: (1) North 45 degrees 23 minutes 17 seconds West, 888.23 feet; (2) North 44 degrees 41 minutes 37 seconds West, 836.26 feet; (3) North 47 degrees 00 minute 37 seconds West, 506.88 feet to lands now or formerly of Paulette Satur Mueller, Eberhard Mueller and the County of Suffolk; RUNNING THENCE along said lands now or formerly the following two (2) courses and distances: (1) North 43 degrees 25 minutes 20 seconds East, 329.27 feet; (2) North 42 degrees 24 minutes 08 seconds West, 452.86 feet to land now or formerly Droscoskl, Cassidy and Velient first above mentioned; RUNNING THENCE along lands north 32 degrees 41 minutes 54 seconds East,343.75 feet to the westerly side of Alvah's Lane at the point or place of BEGINNING. Date Printed February 5, 1999 i File No. 70983209 PARCEL II ALL that certain plot, piece or parcel of land situate, lying, and being at Cutchogue in the Town of Southold, County of Suffolk and State of New York: BEGINNING at a point on the easterly side of Alvah's Lane distant northerly 1175 feet more or less as measured along same from the intersection of the easterly side of Alvah's Lane with the northerly side of Main Road; said point also being the northerly line of land now or formerly of Chester and Irene Sawastynowicz; RUNNING THENCE along the easterly side of Alvah's Lane the following two (2) courses and distances: (1) North 43.degrees 27 minutes 14 seconds West, 620.63 feet; 5z (2) North 47 degrees 02 minutes 58 seconds 4.25 feet to land now or formerly Edward R. Grohoski; I 05. RUNNING THENCE north 43 degrees.2'lminutes 13 seconds East, 150.00 feet; RUNNING THENCE north 47 degrees 02 minutes 58 seconds West, 100.00 feet to lands now or formerly of William J. Kerrigan; RUNNING THENCE along said lands north 43 degrees 05 minutes 13 seconds East, 277.60 feet; RUNNING THENCE north 47 degrees 11 minutes 27 seconds West, 236.26 feet to lands now or formerly of Franklin Slachy and Malcolm Blachy; RUNNING THENCE along said lands north 08 degrees 04 minutes 53 seconds East, 394.88 feet to lands shown on the Map of Highland Estates, Map No. 6537; RUNNING THENCE along said lands south 48 degrees 27 minutes 00 second East, 439.27 feet to lands shown on the `Map of Crown land Lane", Map No. 6289; RUNNING THENCE along said lands south 47 degrees 26 minutes 10 seconds East, 1415.78 feet; RUNNING THENCE south 46 degrees 12 minutes 00 second West 348.55 feet to lands now or formerly Michael R. Crosser and Diane Sym Crosser; RUNNING THENCE along said lands and lands now or formerly of James R. Duffy and Linda A. Duffy north 43 degrees 18 minutes 10 seconds West, 274.24 Net; RUNNING THENCE south 46 degrees 44 minutes 00 second West, 303.60 feet; RUNNING THENCE north 43 degrees 18 minutes 10 seconds West, 334.04 feet; RUNNING THENCE south 49 degrees 35 minutes 50 seconds West, 200.36 feet to the easterly side of Alvah's Lane at the point or place of BEGINNING. For conveyancing only, if f Together with all right, title and Interest of, In and to any streets and roads intended to be conveyed. 1 abutting the above described premises, to the center line thereof. Date Printed February 5, 1999 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 above 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 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 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 part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. 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 part, that the parcels of real property described herein are open agricultural lands actually used in bona fide agricultural production as defined in General Municipal Law section 247. AND the party of the first part, covenants in all aspects to comply with Section 13 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 convenant 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 underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265, 276 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 underlying fee may be divided by conveyance of parts thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. Nothing contained herein shall prohibit the sale of the underlying fee or any portion thereof. 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, the heirs, legal representatives, successors and assigns of 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 allow others to do so; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for 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, legal representatives, successors and assigns of the party of the first part 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, 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 convenants required by this agreement to be performed by the party of the first part, 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 Rights. This covenant shall run with the land in perpetuity. AS set forth in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights 28626 I r2l a RECO EY' i 1194607.5 FIME5TME 99FED IS A118: 57 Number of pages FED 18 1999 EDWARD P. i."JO'ii\I1dE TORRENS CLERK OF TPANOFER Serial N KTAX SUFFOLK COUNTY Certificate N OOUWY 28626 Prior Ctf.# Decd/Mortgage Instrument Decd/Mortgage Tax Stamp Recording/Filing Stamps 4 2 FEES Page/Filing Fee ✓.— Mortgage Amt. — Handling 1. Basic Tax — TP-584 _ •— 2. Additional Tax — Notation Sub Total — EA-5217(County) // / Sub Total L! J Spcc./Assit. n or EA-5217(State) / J Spec./Add. — } R.P.T.S.A. �S SI�I�Ry� TOT.MTG.TAX _fL—•— �y y. — Dual Town Dual County Comm.of Ed. 5 . 00 Held for Apportionment ✓ G . Affidavit �+ d Transfer Tax — d�. wo mgr°� �"'Y1✓ � Mansion Tax Certified Copy The property covered by this mortgage is or /Q will be improved by a one or two family Reg.CopyJ✓ dwelling only. Sub Total YES or NO Other I If NO, see appropriate tax clause on page # GRAND TOTAL of this instrument. p1s Real Property Tax Service Agency Verification 6` Title Company Information Dist. Section Block Lo[ (i�in 7CZYru/ `�/JW/Z SUFMXK Cu.L L ioap /o�f�Oa 9/ OU 02V my Company Name 7a 9�y32o Title Number 8 FEE PAID BY: Commonwealth Land Cash Check Charge Title Insurance Company Payer same as R &R p Y �, (or f djf�e,rent) Tri z 7 1777 - 6 Veterans Memorial Highway NAME: oi»mrrt� W Islandia, New York 11722 ADDRESS: �7 / 7-6 lie/ Is r � ' RECORD& RETURN TO �s � My 72 2- 7 7 (ADDRESS) 9 Suffolk County Recording & Endorsement Page This page forms part of the attached f / made by: (SPECIFY TYPE OF INS UMENT) The premises herein is situated in Of /5 1� L 7OLI e ��etl J/I�SUFFOLK COUNTY, NEW YORK. G 7 t�C P TO In the Township of 0a," OF Soy -. -Aolel In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.