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HomeMy WebLinkAboutL 11719 P 178 . • .,ri �q��� 97a- L� L-. I I ` �• DEED of DEVELOPMENT RIGHTS SHO-870 THIS INDENTURE, MADE the 11th day of March , 1995 --------- BETWEEN JOHN ZUHOSKI, JR. , LUCILLE ZUHOSKI, UX. , JOHN J. ZUHOSKI, DISTRICT III, LAURIE STEINER, SHARON ZUHOSKI, MICHAEL ZUHOSKI, DAVID 1000 ZUHOSKI, GARY ZUHOSKI, ANNE MARIE LASOTA, LISA ZUHOSKI, AND STEVEN --------- ZUHOSKI, doing business under the name of ZUHOSKI FAMILY SECTION ASSOCIATES, a co-partnership organized and existing under the laws 083. 00 of the State of New York, c/o John Zuhoski, Jr. , 11825 Oregon Road, --------- Cutchogue, New York 11935, party of the first part, BLOCK 02 . 00 AND the COUNTY OF SUFFOLK, a municipal corporation having its --------- office and principal place of business at County Center, No Number LOT Center Drive, Riverhead, New York, party of the second part; 013.001 --------- WITNESSETH that the party of the first part, in consideration of TWO HUNDRED NINETY-NINE THOUSAND SEVEN HUNDRED SIXTY-EIGHT and 00/100 ($299, 768 . 00) 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 §247 of the New York State General Municipal Law, as amended, and Local Law 16-1981 of the County of Suffolk, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is defined in Local Law 16-1981 of the County of Suffolk, and the right to preserve open space as that term is defined in §247 of the New York State General Municipal Law, as amended, 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 : ALL that certain plot, piece or parcel of land, situate , lying and being in Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly line of Oregon Road at the southeasterly corner of the premises herein described and the westerly line of a twenty (20) foot right of way; said point being the following three (3) courses and distances from the corner formed by the intersection of the northeasterly line of Cox Lane and the northwesterly line of Oregon Road: 1 . North 46 degrees 56 minutes 35 seconds West along said line of Cox Lane prolonged, 49 .54 feet to the northwesterly line of Oregon Road; 2 . South 40 degrees 47 minutes 50, seconds West along said northwesterly line of Oregon Road, 518 . 97 feet to the center line of the abovementioned right of way; and 3 . South 72 degrees 20 minutes 20 seconds West along the northerly line of Oregon Road, 11 . 39 feet to the true point or place of beginning; RUNNING THENCE South 72 degrees 20 minutes 20 seconds West along the northerly line of Oregon Road, 244 . 32 /feet; THENCE North 46 degrees 34 minutes 47 seconds West, 393 . 81 feet; THENCE South 67 degrees 03 minutes 30 seconds West 400 . 00 feet to land now or formerly of Richard James McBride & James Michael McBride; THENCE North 44 degrees 28 minutes 48 seconds West along said last mentioned land, 1918 .54 feet to a pipe and land now or formerly of Patricia Krupski; ,, RECORDED VAR 23 1995 MEDWARD OF SUFFOLK WJNTV THENCE North 45 degrees 23 minutes 08 seconds West along said last mentioned land, 806 .21 feet to land now or formerly of Joyce London, et al; THENCE North 43 degrees 45 minutes 00 seconds East along said land now or formerly of Joyce London, et al and later along lands now or formerly of Salvatore & Laura Passalacqua and land now or formerly of Chen K. Yu, P.C. , 401 . 33 feet to land now or formerly of Charles & Jennifer Bank; THENCE South 87 degrees 53 minutes 00 seconds East along said land now or formerly of Charles & Jennifer Bank and later along land now or formerly of Murray & Constance Klapper, 145 . 10 feet; THENCE South 46 degrees 15 minutes 00 seconds East along said land now or formerly of Murray & Constance Klapper, 222 .40 feet; THENCE North 43 degrees 45 minutes 00 seconds East and still along said land now or formerly of Murray & Constance Klapper, 15 . 00 feet to the westerly line of the twenty (20) foot right of way; THENCE South 46 degrees 15 minutes'00 seconds East along said right of way, 3061 . 88 feet to the northerly line of Oregon Road and the point or place of BEGINNING. BEING AND INTENDED to be the same premises conveyed by John J. Zuhoski, III, et al, by deed dated 1/30/93 and recorded on 2/19/93 in Liber 11618, cp 849 . TO HAVE AND TO HOLD the said Development Rights in the premises 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 the heirs, legal representatives, successors and assigns of the party of the first part, to use of the premises on and after the date of this instrument solely for the purpose of agricultural production. The development rights conveyed herein are subject to the further terms and provisions as set forth in a certain contract of sale between the parties hereto dated September 1, 1994 as the same is recorded in the office of the Suffolk County Clerk in Liber 11694 cp 105, portions of which as contained herein have and will survive the delivery of this instrument of conveyance. 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 will not remove any soil from the premises described herein. The party of the first part, its heirs, assigns and/or party or arties in lawful possession of the premises subject to this deed f development rights, pursuant to lease, license, or other rrangement, covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow thers to do so; (b) comply with all Environmental Laws; (c) allow arty of the second part and its agents reasonable access to the remises for the purposes of ascertaining site conditions and for nspection of the premises for compliance with this agreement. his covenant shall run with the land in perpetuity. he party of the first part, its heirs, assigns and/or party or arties in lawful possession of the premises subject to this deed f development rights, pursuant to lease, license, or other arrangement, covenants and agrees that is shall indemnify and hold arty of the second part and any of its officers, agents, i RECORDED YAR 23 ,995 QMOF DOKES 5 THRU19.MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 1 I SUFFOIX COUNTY CLERK 1 2 3 25489 RECORDED UP# 11719 17& RE � VEU Number of pages TORRFN4 ATE J) Serial# MAR 23 1995 E E'. ;!i TRANS Certificate# �FFO 2 S U 489 LK Prior # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp7SONYMA ding/Filing Stamps 4 FEES Page/Filing Fee t. _ Handling I. TP-584 Nutation n �, _ _ EA-5217 (County) �l _ Sub Total 3. Spec./Add. EA-5217(State) TOT.MTG.TAX _ RP.T.S.A. ,� ��°� � Dual Town_Dual County Comm.of Ed. _ Held for Apportionment _ � R '' � Af it ?��� Transfer Tax i ,N ,H�� / - Mansion Tax _ Certified Cop „p f The property covered by this mortgage is or will be improved by a one or two Reg. Copy _ Sub Total family dwelling only. YES_ or NO_ Other GRAND TOTAL If NO,see appropriate tax clause on S page# of this instrument. Eq Real Property Tax Service Agency Verification 6 Title Company Information Dist Section Block Lot r LCQ� 09-3.b0 02, U (6 Land Tide lnm= n 177 Old County Rood(Rtn 5`` Date "aDa- s —SL4�>,bC Oa-co b - Company Name Title Number FEE PAID BY: Cash Check_Chargc a Payer same as R& R_ l z U,OR:- COIDII�lOpWC2.n11d 15\4s �'�ift - L%u.�7 � 1 177 Old Country Road(Rto 58) RECORD & RETURN TO an iinni 8,;' 9 Suffolk County Recording & Endorsement Page This page forms part of the attached made by: (Deed, Mortgage, etc.) J V C) i The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of S---'��0kj '4L9' t In the VILLAGE or IIAMLET of RECORDED - EDWARD P.ROMWE MAR 23 1995 MM OF SUFFOLK