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HomeMy WebLinkAboutL 10243 P 189 a 1fs243 H189 DEED ' fof .� 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 7C 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