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HomeMy WebLinkAboutL 11686 P 429 j DISTRICT SECTION BLOCK LOT 0 12 17 21 DEED DEVELOPMENT RIGHTS SHO-880 THIS INDENTURE, MADE the GZ� day of S�( (�, , 1994 BETWEEN Andrew S. Berkman, Barry Berkman & Deborah Berkman, DISTRICT residing at 135 East 57th Street, New York, New York 10022, party 1000 of the first part, SECTION AND the COUNTY OF SUFFOLK, a municipal corporation having its 095 office and principal place of business at County Center, No Number Center Drive, Riverhead, New York, party of the second part; BLOCK WITNESSETH that the party of the first part, in consideration of 03 $295, 970 and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the LOT party of the second part, its successors and assigns forever, THE 003 . 003 DEVELOPMENT RIGHTS, by which is meant the permanent legal interest p/oand 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, with the buildings and improvements thereon erected, 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 spike set on the Southwesterly line of land now or formerly of Anthony J. Schmitt, Jr. et al distant Southwesterly and Southeasterly the following four (4) courses and distance from the corner formed by the corner formed by the intersection of the Southwesterly side of Alvah's Lane and the Southeasterly side of Oregon Road, as measured along the Southeasterly side of Oregon Road: 1 ) South 46 degrees 44 minutes 04 seconds West, 356 . 43 feet to a point; 2 ) South 46 degrees 21 minutes 04 seconds West, 449 .58 feet to a point; 3) South 39 degrees 22 minutes 04 seconds West, 604 . 34 feet to a monument; and 4) South 44 degrees 31 minutes 26 seconds East, 343 . 85 feet to the point or place of beginning; RUNNING THENCE from said point or place of beginning, South 44 degrees 31 minutes 26 seconds East along land now or formerly of Anthony J. Schmitt, Jr. et al 1123 . 04 feet to a monument and land now or formerly of William Wickham; `/" !152 .oc THENCE along said last mentioned land the following two (2) courses and distance; 1) South 45 degrees 05 minutes 31 seconds East, 825 . 30 feet to a point and; 2) South 44 degrees 27 minutes 51 seconds East, 552 . 77 feet to a monument land now or formerly of Ernest C. Tuthill; THENCE South 48 degrees 24 minutes 54 seconds West along said last mentioned land 95 .49 feet to a monument and land now or formerly of John C. Tuthill; THENCE along said last mentioned land, the following two (2 ) courses and distance: RECORDED X111211994 �DP. �„ 1) North 45 degrees 37 minutes 16 seconds West, 820 . 06 feet to a monument and 2) South 52 degrees 38 minutes 34 seconds West, 469 . 37 feet to ,a monument land now or formerly of L & R Vineyards Associates; THENCE South 53 degrees 03 minutes 04 seconds West along said last mentioned land 368 . 57 feet to a monument and other land now or formerly of L & R Vineyards Associates; THENCE North 42 degrees 05 minutes 46 seconds West along said last mentioned land 51 . 59 feet to land now or formerly of Dorset Farms, Inc. ; THENCE along the last mentioned land the following three ( 3) courses and distance: 1) North 42 degrees 15 minutes 56 seconds West, 193 . 36 feet; 2 ) North 41 degrees 11 minutes 16 seconds West, 522 . 34 feet and 3) North 41 degrees 16 minutes 06 seconds West, 548 . 17 feet to a spike set at the Southwesterly corner of land retained by the party of the first part; ' 3 /s 4(- THENCE (- THENCE along the Southeasterly and Northeasterly lines of land retained by the party of the first part the following two (2 ) courses and distances : 1) North 43 degrees 40 minutes 34 seconds East, 301 .22 feet to a spike and 2) North 41 degrees 17 minutes 56 seconds West, 577 .95 feet to a spike set on the Southerly side of Oregon Road; THENCE North 43 degrees 33 minutes 24 seconds East along the Southerly side of Oregon Road 201 .24 feet to a monument and land now or formerly of Constance Ruthinoski; THENCE along the Southwesterly and Southeasterly and Northeasterly sides of the last mentioned land the following two (2) courses and distances : 1) South 41 degrees 35 minutes 16 seconds East, 200 . 00 feet to a monument; and 2) North 43 degrees 33 minutes 24 seconds East, 100. 00 feet to a monument and the Southwesterly line of other land retained by the party of the first part; THENCE along the Southwesterly and Southeasterly lines of said other lands retained by the party of the first part the following two (2) courses and distances: 1) South 41 degrees 35 minutes 16 seconds East, 136 .05 feet to a spike; and 2) North 45 degrees 28 minutes 34 seconds East, 244.40 feet to a spike set on the Southwesterly line of land now or formerly of Anthony J. Schmitt, Jr. et al and the point or place of BEGINNING. BEING AND INTENDED to be part of the same premises conveyed to Andrew S. Berkman, Barry Berkman and Deborah Berkman by deed dated 12-31-84, recorded 3-6-85, Liber 9746, cp 500 from Alice Berkman. 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. RECORDED JUL 21 1994 a�wcWo� K WXW