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HomeMy WebLinkAboutL 11888 P 410 DiSTRiCT 8EC nON BLOCK LOT me MC FM7 EM r-r--. 0 12 17 th 20 DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this O, day of April, 1998, BETWEEN PUGLIESE VINEYARDS, LLC, residing at 2705 Bridge Lane, Cutchogue, 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, P.O. Box 1179, 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 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 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 ani' 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 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. 2 i 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 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 premises 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, liabilities and expenses, including, without limitation, respohsibility 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; 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. and d�nQ -k bJc VLR, Akyx.e.PAI_ u� 2[ 7 3)111973 �,wt, c I18a (07 IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. PUG S INEYARD , LLC by Ralph Pugliese STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) On the a• day of April, 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared RALPH PUGLIESE, PUGLIESE VINEYARDS, LLC, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the indivudal, or the person upon behalf of which the individual acted, executed the instrument. L)Nblary Public IMw TM 1M. 410550, CM�W� IMMM a l 4 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 point on the southwesterly side of Bridge Lane distant northwesterly 548.00 feet from the corner formed by the southwesterly side of Bridge Lane and the northwesterly side of Main Road; RUNNING THENCE North 47 degrees 01 minutes 00 seconds East, 291.69 feet to lands now or formerly of R. Pugliese and J. Calabrese; THENCE along said lands now or formerly of Pugliese and Calabrese: 1. North 43 degrees 58 minutes 20 seconds West, 666.83 feet; 2. North 43 degrees 49 minutes 30 seconds West, 655.10 feet; 3. North 44 degrees 59 minutes 30 seconds West, 222.51 feet; 4. North 42 degrees 51 minutes 10 seconds West, 306.08 feet; THENCE North 47 degrees 47 minutes 30 seconds East, 328.50 feet to the south side of Bridge Road; THENCE Southeasterly along the southwesterly side of Bridge Lane the following 3 courses and distances: 1. South 42 degrees 21'minutes 00 seconds East, 912.00 feet; 2. South 43 degrees 05 minutes 10 seconds East, 635.28 feet; 3. South 42 degrees 59 minutes 00 seconds East, 328.55 feet to the point or place of BEGINNING. 32691 11888PG4 0 1 s " RECORDED REAL ESTATE '4umber of pages AIR 14 12 26 PM '98 TORRENS APR 14 1998 " 6A ^ i'.TRANSRTAX 0111AINE scriala VU: SUFFOLK a Of: y SUFI-OLS COUNTY Certificate a Prior Ctf.a 32691 Decd/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing St<arnps 4 1 FF.FS IUPage/Filing Fee Mortgage Amt. — Handling ' — 1. Basic Tax _ 'IP-SfW S 2. Additional Tax Notation Sub Total FA-5217(County) ._ Sub Total _ 0 .— SpccJAssiL � or FA-5217(State) Z —ll Spec./Add. — R.P.T.S.A. W TOT. MTG.TAX — Dual Town Dual County Comm.of Ed. 5 . 00 a Held for Apportionment Affidavit �:. Transfer Tax Certified Copy `ti?%�� Mansion Tax The property covered by this mortgage is or Rcg.Copy _ will be improved by a one or two family Sub Total L(S .— dwelling only. Other i YES or NO GRAND TOTAL If NO, see appropriate tax clause on page a of this instrument. 5 Real Property Tax Service Agency Verification 4.6 1 Title Company Information Dist. Section Block Lot • taxLL ft6)0� couurr A P 011. 004. - tpany Name U Date / (NEW NUMBER) d`h U * Title Number Initials, D�✓1 C / , v 8 FEE PAID BY: Cash Check Charge 5 s Payer same as R&R I (ori ifferent) I/9-' NAME: RESS: RECORD RETURN TO wwl � 7 (ADDRESS) 9 Suffolk County Recording & Endorsement Page This page forms part of the attached & 4 4 made by: —�� (S CIFY T OF IN UMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of J2 1a IcL In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ,te,oa.zrs�.