HomeMy WebLinkAboutL 10243 P 189 a
1fs243 H189
DEED
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DEVELOPMENT RIGHTS
THIS INDENTURE, MADE the (1 day of1987
BETWEEN DAVID MUDD, residing at Pine Neck Road, Southold, New
STFFP,C-12 York 11971 , party of the first part,
PHASE IIC
AND the COUNTY OF SUFFOLK, a municipal corporation having
-- -- its office and principal place of business at County Center, No
DISTRICT Number Center Drive, Riverhead, New York arty of type econd
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1000 part; 048TR4f7T S` 0,P! E, c C L�31
SECTION' �C � ( ! LE
059.00 .: WITNESSETH
BLOCK
09.00 that the party of the first part, in consideration of $10.00 and
-ez-a---: other good and valuable consideration paid by the party of the
LOT second part, DOES HEREBY GRANT AND RELEASE unto the party of
028.00A the second part, its successors and assigns forever, THE
4�t+ ei+e? 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, to permit, require or restrict
s►ts7 the use of the premises exclusively for agricultural production as
that term is presently defined in §§301 of the New York State
Agriculture. and Markets Laws, and Suffolk County Local Law 16-81
t' and the right to prohibit or restrict the use of the premises for
any purpose other than agricultural production, to the property
3j described as follows :
ALL that certain plot , piece, or parcel of land, situate lying,
and being in Southold, Town of Southold, County of Suffok and
State of New York being more particularly bounded and described as
follows:
BEGINNING at a point on the northwesterly side of Middle Road
(CR 27) at the northeasterly corner of the premises about to be
described herein, said point being distant the following (7) courses
and distances as measured along the northwesterly side of Middle
Road (CR 27) from the southeasterly end of a tie line connecting
the southwesterly side of Kenney Road with the northwesterly side of
Middle Road (CR 27) �
(1) Southwesterly along the are of a curve bearing to the left
having a radius of 1957 .86 feet a distant of 154.66 feet
(2) South 21 degrees , 15 minutes , 52 seconds west 589 .53 feet
rr „ (3) Southwesterly along the arc of a curve bearing to the right
.! having a radius of 2864.79 feet a distant of 827 .01 feet
(4) North 53 degrees , 29 minutes, 30 seconds west 1 .87 feet
k (5) South 20 degrees , 44 minutes , 10 seconds west 6 .33 feet
(6) Southwesterly along the arc of a curve bearing to the right
-� having a radius of 2864. 79 feet a distant of 207 .61 feet
c (7) South 42 degrees, 04 minutes, 42 seconds west 237 .85 feet to
the true point or place of BEGINNING.
RUNNING THENCE from said true point or place of beginning along
the northwesterly side of Middle Road (CR 27) south 42 degrees , 04
minutes , 42 seconds west 296. 73 feet to land now or formerly
Stephen Doroski and wife;
RUNNING THENCE from said land north 52 degrees, 31 minutes , 00
seconds west 1292 .02 feet to land now or formerly Herman E.
Lieblein;
RUNNING THENCE along said land north 29 degrees, 39 minutes , 00
seconds east 730.11 feet to land now or formerly Thomas G. Byrnes ;
1 '
RUNNING THENCE along said land south 52 degrees, 56 minutes , 30
seconds east 160 .27 feet to land now or formerly of Stephen D.
Mudd;
..._, .. JUL!ETiF A. K'tNSfl ti
RECORDED FEB 6 1987 dery Uf SUT10a COdrilj
• 10243 P 190
RUNNING THENCE along said land south 53 degrees , 29 minutes , 30
seconds east 168 .13 feet ;
RUNNING THENCE south 36 degrees , 30 minutes, .30 seconds west
50.00 feet;
RUNNING THENCE south 53 degrees, 29 minutes , 30 seconds east
298.29 feet;
RUNNING THENCE south 36 degrees, 30 minutes , 30 seconds west
400.00 feet and
RUNNING THENCE south 53 degrees , 29 minutes , 30 seconds east
781 .14 feet to the true point or place of BEGINNING.
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 an thing 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 August 20 , 1986, as the same is
recorded in the office of the Suffolk County Clerk in Liber 10137 cp
583 portions of which as contained herein have and will survive the
delivery of this instrument of conveyance.
The word "party" shall be construed as if it read "parties"
whenever the sense of this indenture so requires .
IT IS COVENANTED AND AGREED by the party of the first part that
the frame building and foundation located on the extreme northwest
corner of the cropland as identified on a survey by Young and Young
dated October 14, 1986 No. 86-1042, can be utilized only for farm
storage purposes. It Is futher covenanted and agreed that the
foundation can not be constructed upon without the prior consent of
the Suffolk County Farmlands Development Rights Committee and such
consent, if given, will be limited to a farm storage facility. It
is intended that this cov�napt shall run with the land .
Ctr C1i""
Being and intended to eothe same premises conveyed to DAVID J. MUDD
by deed dated 1/8/63, recorded 1/8/63 in Liber 5289 cp 498 made by
Laura D. Case individually and as Executrix of the Last Will and
Testament of Gerald L. case, Deceased and Kenneth D. Case.
IN WITNESS WHEREOF, the party of the first part has duly
executed this deed the day and year rst above written
DAVID MUDD
STATE OF NEW YORK
COUNTY OF SUFFOLK
On the k day of 04,vw 19before me personally
came ,
na
CO me Known o e e iv ual descr1hed In and who---e-x-e-c—u-f—eff
the foregoing instrument, and acknowledged that executed
the same.
NoaPublic
AD IANh RAYV1,10
NOTARY P06lIf, '.!c,e of New ft6
Nu ddf7S23
Qualdwd in Suifnik bounty
Commissmi Upues febmr.y I8, 19—W
i
JULIETTE A. 1(ilySr-l.11,
REGORDED �� 6 J987 Clew, of SuifA Codmy