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HomeMy WebLinkAboutL 11942 P 217 A DEED OF DEVELOPMENT RIGHTS Xa THIS INDENTURE,made this 13th day of January, 1999 V BETWEEN RICHARD REINHARDT,residing at 11535 Main Road,Mattituck, N.Y. 11952, party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office -� nJ J4V and principal place of business at Main Road,Town of Southold, County of Suffolk and State of New York, party of the second part; _JA A-2 CSN6� WITNESSETH,that the party of the first part, in consideration of >; 0a ?"E.�.1x,//ary [jMV ' --)awful 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 PI O 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 agricultural production,to the property described as follows: 1 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: SCHEDULE A ALL that certain plot,piece or parcel of land,situate,lying and being at Cutchogue,Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a monument on.the easterly side of Alvah's Lane,on the dividing line between the subject premises and land now orformerly of Francis J.Best and Constance M.Best;from said point of beginning RUNNING THENCE along said lands now or formerly of Francis J.Best and Constance M.Best North 42 degrees 24 minutes 09 seconds East, 135.00 feet to land now or formerly of Franklin Blachly and Malcolm Blachly; - THENCE along said lands the following three(3)courses and distances: (1) South 46 degrees 35 minutes 21 seconds East,61.02 feet; — — (2) North 42 degrees 58 minutes 39 seconds East,346.74 feet; (3) North 47 degrees 01 minutes 21 seconds West,240.21 feet; -- THENCE North 42 degrees 58 minutes 39 seconds East,267.17 feet; THENCE South 47 degrees 56 minutes 51 seconds East,977.34 feet to land now or formerly of Franklin Blachly and Malcolm Blachly; THENCE along said Wnds the following two(2)courses and distances:. (1) South 29 degrees 16 minutes 05 seconds West,336.72 feet; _ (2) South 49 degrees 23 minutes 31 seconds East,586.61 feet to land now or formerly of Paul Kaloski and Sophie Kaloski; THENCE along said lands South 07 degrees 31 minutes 49 seconds West,23.87 feet to lands now or formerly of Michael Kaloskl; THENCE along said lands the following two(2)courses and distances: (1) North 49 degrees 23 minutes 31 seconds West,706.98 feet; (2) South 48 degrees 35 minutes 19 seconds West,407.28 feet to the easterly side of Alvah's Lane; THENCE along the easterly side of Alvah's Lane North 47 degrees 35 minutes 51 seconds West,730.24 feet to lands ` now or formerly of Best,at the point or place of BEGINNING. oris 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 0 herein granted unto the party of the second part, its successors and assigns, t�— 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. AND 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 ��nci t Wil,-Vtrocd I D tee. PIC) +ht ':�)Cxrfr PCM 1�� C� O 1 v1 CIk_Q_GK_ 3 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 GML section 247. This covenant shall run with the land in perpetuity. 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 bams, irrigation systems, and any other structures used exclusively for agricultural purposes." MEN THE party of the first pan and the party of the second art do �i _ P hereby convenant and agree in perpetuity that either of them or their respective heirs, 7j 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 AL4 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 -Mo� 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. ME 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. �®a 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 dos_: (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. 5 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 �l 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 tr'�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 ZiMIIIIIIIIII 6 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 acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF,the party of the first parf has duly executed this deed the day and year first written above. y Seller: -- � -- Richard Reinhardt Purchaser: ToLynof outrlld C Jen W. Cochran, Supervisor 7 11942N217 Number of pages f RFJII.ESTATE TORRENS JAN 2l3 IM 88 l` 23 FIS 12: 68 Serial x IPANSM TAX F.c Certificate p . OC1 WFC: Priorctf.x 257314 Deed/Mortgage Instrument Deed/Mortgage Tex Stamp Recording/Filing Stamps 4 1 FEES Page/Filing Fee 3 O O Mortgage Amt. — HandlingS• `� 1. Basic Tax _ TP-594 S .`?-=1 2. Additional Tax ._ Notation Sub Total _ EA-5217(County) S v J Sub TotalS J �•_ Sp(cJAssil >> a – EA-5217(State) z-5- Spec./Add. RP.T.S.A. TOT.MTG.TAX .—. Comm,of Ed. 5.00 Dual Town_Dual County a F Held for Apportionment Affidavit �.• �. Transfer Tax ._ Certified Copy _ �� Mansion Tax .The property covered by this mortgage is a Reg.Copy will be improved by a one or two family Sub Total ys y2j dwelling only. Other - (,f ,, YES_crN0_ GRAND TOTAL 0 n ,� If NO,see appropriate test clause on page x of this instrument. Rat Property Tu Service Agency Veriffealio° 6 Title Company infotmralion �1011117: Dist. Section Block. Lot.. /, L r (.C,T?r Cn9LLI�1l IT� In�/N/D ° 1000 1e2YC[7 OV/,CC OOS.Co Company Name Im•tals Title Number J! E PAID BY: Commonwealth land Cash_Check v� Charge_ Title Insurance Company Payer same&!R&R_ 1777 - 6 Veterans Memorial Highway ',�m,��;° tea °`) 2M. Islandia, New York 11722 SS:/777 ,,4 s RECORD&RETURN TO 1[ 11722 (ADDRESS) — 9. _ ..Suffolk County Recording & Endorsement Page Thus page forms part of the attached do by: (SPECIFY TYPE OF IN. UMENT) &1 4,:t� The premises herein is situated in AM SUFFOLK COUNTY.NEW YORK. TG IntheTownshipof ,O?C441--1 - In the VILLAGE or HAMLET of BOXES 5 THRU 9MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. — ,xwxnnrr.