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Home My WebLink AboutL 11842 P 742 DEED OF DEVELOPMENT RIGHTS P7ya THIS INDENTURE, made this 14 day of July, 1997 BETWEEN WALTER GATZ and GEORGE McDOWELL, residing at 8640 Oregon Road, 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, 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 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. J y �- 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. The word "party' shall be construed as if it reads "parties" whenever the sense of this indenture so requires. z 11842 R742 SCHEDULE A ALL that certain plot, piece, or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road at the westerly line of land now or formerly of Anthony Domaleski; RUNNING THENCE along said lands the following (2) two courses and distances: 1. South 38 degrees 31 minutes 10 seconds East 150.00 feet; 2. North 52 degrees 39 minutes 40 seconds East 121.00 feet to land now or formerly of Ann Marie Krupski; " RUNNING THENCE along said lands South 38 degrees 31 minutes 10 seconds East 386.90 feet; RUNNING THENCE South 39 degrees 07 minutes 20 seconds East 1633 .13 feet; RUNNING THENCE South 38 degrees 52 minutes 30 seconds East 245 .65 feet; RUNNING THENCE South 51 degrees 07 minutes 30 seconds west 585 . 44 feet to to park and recreation area on the Map of Oregon View Estates: RUNNING THENCE along said lands North 37 degrees 39 minutes 20 seconds West 461.77 feet; RUNNING THENCE along lands now or formerly of Walter Ficner North 37 degrees 27 minutes'- 20 seconds West 1648 .54 feet; RUNNING THENCE North 52 degrees 39 minutes 40 seconds East 249.94 feet; RUNNING THENCE North 37 degrees 27 minutes 20 seconds West 320.08 feet to the southerly side of Oregon Road; RUNNING THENCE along the southerly side of Oregon Road North 52 degrees 39 minutes 40 - seconds East 152.38 feet to the point or place of BEGINNING. FOR CONVEYANCING ONLY, (Together with all right, title and interest of, in IF INTENDED FOR CONVEYANCING(and to any streets and roads abutting the above (described premises, to the center line thereof. RK OF SUFF ROMAINE RECORDED JUL 24 1997 ��OF t'OLK COUNTY }� H842 R742 I z 43824 ❑ r, r c EIVED Number of pages � REALESTATE n7 V�1" `'' 10: SQ TORRENS JUL 2 4 1997 Z D," ` I Serial# S UF(-0 " ' n TRANSFER TAX �' Certificate# SUFFOLK COUNTY Prior Ctf.# 43824 Deed/Mortgage Insin rnent Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 1 FEES Page/Filing Fee Mortgage Amt. _ Handling 1. Basic Tax TP-584 ��_ 2. Additional Tax Notation Sub Total EA-5217(County) J . Sub Total ✓'' Spec./Assit. or EA-5217(State) Spec./Add. R.P.T.S.A. /�� A �Y7� TOT.MTG.TAX Comm.of Ed. 5 . 00 S Dual Town Dual County Held for Apportionment p V vO Affidavit Transfer Tax __[� 'M�� f Certified Copy Mansion Tax _ The property covered by this mortgage is or Reg.Copy I(1' will be improved by a one or two family Sub Total ill JJ dwelling only. Other � YES or NO GRAND TOTAL If NO, see appropriate tax clause on page # of this instrument. Real Property Tax Service Agency Verification 6 Title Company Information 1 Dist. Section Block Lot Commonwealth Land Title Insuranci, i7nnipany S p 1000 095 .00 04.00 014 ,003 Company Name 7-23-17 (NEW NUMBER) Date RH 970861 / �. Title Number Initials __- S FEE PAID BY: / L monwealtht Cash Check ✓ Charge Title Insurance Com an ) Payer same as R&R p y C0MM0nWea�t�irentNAMEAD, P.O.BOX 419, RIVERHEAD, NY 11901 VF�ur�Ince L;ompatly_ ADDRESS: 177 01d country Rd.Rte.se BOX RECORD & RETURN TO NWerh"cl,N.Y.11901 7 (ADDRESS) Cnffnik t nnnty RPrardina R7 FiridorgomPnt PnaP