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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.
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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
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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
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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.
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