HomeMy WebLinkAboutL 11781 P 264 DEED OF
DEVELOPMENT RIGHTS
THIS INDENTURE, made this 24th day of June, 1996,
BETWEEN CHARLES SMITHEN and BARBARA SMITHEN, residing at
2600 Oregon Road, Mattituck, 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. DISTRICT SECTION FLOCK LOT ,
t 12 17 21 2O.
That the party of the first part, in consideration of ten ($10.00)
dollars, lawful money of the United Staes, 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,
COMMONWEALTH LAND TITLE INSURANCE COMPANY
TITLE NO. RH960481
SCHEDULE A
THE PREMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST COVERED BY THIS POLICY
Amended: 4/19/96
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, being more
particularly bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side of Oregon Road
and the westerly side of Elijahs Lane;
RUNNING THENCE from said point of beginning along the westerly side of Elijahs Lane
South 25 degrees 27 minutes 50 seconds East, 1, 548.25 feet to a monument;
THENCE South 64 degrees 19 minutes 20 seconds West, 389.17 feet;
THENCE South 25 degrees 28 minutes 50 seconds East, 476.54 feet partly along land now
or formerly of Deerkoski to a monument,-
THENCE
onument;THENCE still along land now or formerly of Deerkoski, South 64 degrees 55 minutes 20
seconds West, 337.40 feet to land now or formerly of Sidor;
THENCE along said land now or formerly of Sidor the following three (3) courses and
distances:
(1) North 26 degrees 53 minutes 10 seconds West, 246.94 feet to a monument;
(2) South 73 degrees 20 minutes 40 seconds West, 285.71 feet to a monument; and
(3) North 24 degrees 05 minutes 10 seconds West, 1,635.06 feet to a monument on the
southerly side of Oregon Road;
THENCE along the southerly side of Oregon Road North 57 degrees 50 minutes 30 seconds
East, 332.56 feet to land of Gordon R. Heins;
THENCE along said land of Gordon R. Heins the following two (2) courses and distances:
(1) South 32 degrees 09 minutes 30 seconds East, 254.36 feet;
(2) North 59 degrees 44 minutes East, 166.50 feet;
RUNNING THENCE North 30 degrees 16 minutes West, 13.26 feet;
RUNNING THENCE North 59 degrees 44 minutes 00 seconds East, 353.08 feet;
RUNNING THENCE North 30 degrees 16 minutes West, 246.74 feet to the southerly side of
Oregon Road;
RUNNING THENCE along the southerly side of Oregon Road North 59 degrees 44 minutes 00
seconds East, 120.00 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.
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
2
11781 PC 264 37i67 0 rn �.
Number of pages _EA �n
RL RSTA'TE
TORRENS �� F
Serial# JUL 5 1996 — x
TRANSFER TAX -< � W
Certificate# SUFFOLK
GOUNry
Prior Ctf.# 7i 7
Deed/Mortgage InsWment Deed/Mortgage Tax Stamp Recording/Filing Stamps
4 = FEES
Page/Filing Fee ._ Mortgage Amt.
Handling 1. Basic Tax
TP-584 �/ 2. Additional Tax
YV
Notation �._ 1 Sub Total
EA-5217(County) Sub Total L._ SpecJAssit.
or
EA-5217(State) / _ Spec./Add.
R.P.T.S.A. 5 ._ ��1 / TOT.MTG.TAX _
Comm.of Ed. 5 . 00 Dual Town Dual County
Held for Apportionment
Affidavit ," ,. Transfer Tax ,_
1"-
ne m � Mansion
Certified Copy �� The property covered by this mortgage is or
Reg.Copy will be improved by a one or two family
Sub Total _,_ dwelling only.
Other YES or NO
GRAND TOTAL ._ If NO, see appropriate tax clause on page #
of this instrument.
R°°ee Real Property Tax Service Agency Verification 6 Title Company information
—
SN' Dist. Section Block Lot
trom�+io.�wPnl�i lT f�y
M&O /OD, Op orj, Op 005,0®I{ Company Name
DRft9i5a�ff/
� n Title Number
SFEE PAID BY:
® Commonwealth® Cash Check ✓ Charge
Land Title Insurance Company Payer same as R&R
A Reliance Group Holdings Company /� (or if different)
NAME:6f77r►7o17R&4 44W_-I/-&
177 OLD COUNTRY ROAD,P.O.BOX 419,RIVERHEAD,NY 11901
ADDRESS: P�D,./PO.L' S/19
RECORD & RETURN TO v1/1�e1'/12Q.�j Vy
7 (ADDRESS)
9 Suffolk County Recording & Endorsement Page
This page fors part of the attached Aud- made by:
(SPECIFY TYPE OF INSTRUMENT)
Ero r The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In the Township of
In the VILLAGE ,
EBNtlIRD PI ROId.11h5 )RTO RECORDING OR FILING.
RECORDED �u� 5 1996 CR�1( iI7FPOIKCOUNr
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