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Home My WebLink AboutL 11837 P 188 (STRICT ScC;fON BLOCK 03 F- .R-4-1 R IM DEED of DEVELOPMENT RIGHTS THIS INDENTURE, made the G d day of .J J N c- 1997 BETWEEN OSPREY DOMINION CO. , a General Partnership, with offices at 108 Allen Boulevard, Farmingdale, New York 11735, party of the first part, AND the COUNTY OF SUFFOLK, a municipal corporation having its office and principal place of business at County Center, No Number Center Drive, Riverhead, New York, party of the second part; WITNESSETH that the party of the first part, in consideration of THREE HUNDRED FORTY-SIX THOUSAND SEVEN HUNDRED AND ONE and 75/100 ($346, 701 . 75) 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 at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows : BEGINNING at a stake on the northerly side of Main Road (N.Y. S. Rte . 25) at the southeasterly corner of the premises herein described and the southwesterly corner of land now or formerly of J. C. & G. S . Bauer; RUNNING THENCE South 44 degrees 50 minutes 10 seconds West along said northerly side of Main Road (N.Y.S . Rte . 25) , 294 .42 feet to other lands of the party of the first part; THENCE along said land the following eight (8) courses and distances : 1) North 1 degrees 54 minutes 40 seconds West, 329 . 94 feet; 2) North 36 degrees 34 minutes 10 seconds West, 126 . 03 feet 3) North 31 degrees 28 minutes West, 45 . 91 feet; 4) North 3 degrees 03 minutes 00 seconds West, 116 . 89 feet ; 5) South 67 degrees 46 minutes 00 seconds West, 65 . 02 feet ; 6) South 10 degrees 14 minutes 00 seconds East,' 122 . 00 feet ; 7) North 36 degrees 34 minutes 10 seconds West, 220 . 00 feet; and 8) South 53 degrees 25 minutes 50 seconds West, 345 . 00 feet to land now or formerly of Frank Cichanowicz III ; THENCE North 36 degrees 34 minutes 10 seconds West along land now or formerly of Frank Cichanowicz III, 998 . 01 feet (actual) 999 . 01 feet (deed) to a stake; THENCE South 47 degrees 19 minutes 50 seconds West along said land, 526 . 73 feet (actual) 527 . 21 feet (deed) to a monument; THENCE North 38 degrees 46 minutes 00 seconds West 35 . 94 feet (actual) 35 . 65 feet (deed) ; THENCE North 40 degrees 08 minutes 30 seconds West still along said land and later along land now or formerly of the Estate of William Buckingham, 886 .47 feet to a stake and the Long Island Railroad; THENCE North 44 degrees 53 minutes 10 seconds East along the Long Island Railroad, 1207 . 81 feet (actual) 1207 . 62 feet (deed) to a railroad monument and land now or formerly of Seymour Tobin; RE91ORDED EDWARD P. LK C JUN 24 1997 ��OF�1FFOU( OUKTY THENCE along said land now or formerly of Seymour Tobin, outh 39 degrees 13 minutes 00 seconds East; 2366 . 19 feet (actual) louth 39 degrees 13 minutes 30 seconds East 2366 . 94 feet (deed) to a point and land now or formerly of J.C. & G. S. Bauer, firs above mentioned; THENCE South 44 degrees 50 minutes 10 seconds West along s id land now or formerly of J.C. & G. S . Bauer, 251 . 26 feet (actual) 251 . 05 feet (deed) to a stake; THENCE South 29 degrees 58 minutes 20 seconds East stilL along said land now or formerly of J.C. & G.S. Bauer, 223 . 85 feet to the northerly side of Main Road (N.Y. S. Rte . 25) and the point or place of BEGINNING BEING AND INTENDED to be/� he same premises conveyed to t party of the first part by deed from Barclay' s Bank of New Y k, NA, dated 2/9/93 , recorded 2/16/93 , Liber 11618, cp 440 . TO HAVO AND TO HOLD the said Development Rights in the pemises 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, ex ept 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, tc use of the premises on and after the date of this instrument so ly 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 February 18 , 1997 as the 3ame is recorded in the office of the Suffolk County Clerk in Liber 11817 cp 200, portions of which as contained herein have aid 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 t ' s deed of development rights, pursuant to lease, license, ot other arrangement, covenants and agrees that it will not remove y soil from the premises described herein. The party of the first part, its heirs, assigns and/or p rty •or parties in lawful possession of the premises subject to t ' s deed of development rights, pursuant to lease, license, ol other arrangement, 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 aws; allow party of the second part and its .agents reasonable ac ess 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 plirty or parties in lawful possession of the premises subject to t ' s deed of development rights, pursuant to lease, license, ol other arrangement, covenants and agrees that is 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, liabLlities and expenses, including, without limitation, responsibility 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 di posal, EDWARPAXWNE RECORDED RKOFS P. MXCM JUN 24 1997 �`��o1Jc COUrIn Cf �d 3dM00• / a y, 4 r yl, AREA = 4.4646 Acres v ;� dQ r / R a ph c...e 2s(•� c.rr/.s ... ». S. 44-550 0. W. (2v.os) �� •�y;/� ' ro N/Of BAER G Q) r S94. •� F ,� - 42 \and ' 60.06'. 3!54.48' f s� S. 44.5010' w. Rte. 25). (N. Y, $. 29�9� ROAD IN = 50.8286 Acres �S. IL 33°13 11837 PA88 HE(a ED $ 97 JItt Number of pages r1t %as iei� � 124 A"111: 53 Wq RI)P r;D JUN 2. 4 �• (,� , ROn TORRENS fAlNE Serial# TR,4NSFEN TAX SUFFOLff C�ONTY Certificate# SUFFOLK COW Fy Prior Ctf. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4r FEES Page/Filing Fee tom— Mortgage Am Handling 1. Basic Tax _ TP-584 2. Additional Tax Notation /�— Sub Total _ EA-5217(County) Sub Total `L/ ._ SpccJAssiL EA-5217(State) or._ Spec./Add. _ R P.T.S.A. TOT.MTG.TAX _ Comm.of Ed. 5 . 00 i5 Dual Town Dual County Held for Apportionment, Affi vi� �'�a- .-. s Transfer Tax Certif�opy — �� Mansion Tax ` / The property covered by this mortgage is or Reg.Copy will be improved by a one or two family Sub Total dwelling only. Other G1YES or NO GRAND TOTAL f U� If NO, see appropriate tax clause on page # of this instrument. . a a Real Property Tax Service Agency Verification 1 61 Title Company Information Dist. Section Block Lot _ Commonwealth Land Title T_n . 1000 075CM 0100 �j� Company Name Date , ,_ O„1 . R 945 972 83 Mr Title Number Initials "8 . FEE PAID BY: / David P. Fishbein, Director , Cash Check v Charge S.C. Div. of Real Estate Payer same as R& R 158 North County Complex (or if different) Hauppauge, N.Y. 11788 NSE' ADDRESS: RECORD & RETURN TO 7 (ADDRESS) 9”' Suffolk County Recording & Endorsement Page This page forms part of the attached Deed of Development Rights made by: Y (SPECIFY TYPE OF INSTRUMENT) OSPREY DOMI14ION CO. The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of sou thnl a COUNTY OF SUFFO.LK In the VILLAGE or HAMLET of Peconic BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, RECORDED EDWARD P.SUFFOLK C N ua,w.aasuc. JUN 24 1997 ��OF9lJFF01J(�TY