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HomeMy WebLinkAboutL 11828 P 197 DISTRICT SECTION BLOCK LOT SHO-950 .- DEED of DEVELOPMENT RIGHTS DISTRICT / 1000 THIS INDENTURE, made the L day of �9PQ. 1997 SECTION BETWEEN TIMOTHY COFFEY, residing at No Number Route 25, Southold, 075 . 00 New York 11971, party of the first part, BLOCK AND the COUNTY OF SUFFOLK, a municipal corporation having its 06 . 00 office and principal place of business at County Center, No Number - Center Drive, Riverhead, New York, party of the second part; LOT p/o 007 . 003 WITNESSETH that the party of the first part, in consideration of --------- ONE HUNDRED TWENTY TWO THOUSAND NINE HUNDRED AND ELEVEN 20/100 ($122, 911 .20) 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, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows : BEGINNING at a point on the Southerly side of Main Road (N.Y.S. Route 25) said point being situate North 60 degrees 40 minutes 24 seconds East, 52 . 09 feet from a monument found marking the Northeasterly corner of land now or formerly Helen Elak et al; RUNNING THENCE from said point of beginning, North 60 degrees 40 minutes 24 seconds East along the Southerly side of Main Road, (N.Y.S. Route 25) 190 . 00 feet to a point; THENCE through land now or formerly of Timothy Coffey, . the following two (2) courses and distances : 1 . South 10 degrees 41 minutes 07 seconds East, 243 . 26 feet; 2 . North 79 degrees 18 minutes 53 seconds East, 274 . 69 feet to land now or formerly of Joel D. Lauber and Margaret S. Lauber; THENCE South 10 degrees 41 minutes 07 seconds East along land now or formerly of Joel D. Lauber and Margaret S. Lauber, 524 . 97 feet toa monument found; THENCE North 71} degrees 12 minutes 24 seconds East still along land .now or formerly of Joel D. Lauber and Margaret S. Lauber, 62 . 02 feet to a monument found; THENCE South 11 degrees 52 minutes 40 seconds East still along land now or formerly of Joel D. Lauber and Margaret S. Lauber, 861 . 70 feet to a stake found and land now or formerly of Stanley Freedner and Doreen Freedner; THENCE South 78 degrees 07 minutes 20 seconds West along land now or formerly of Stanley Freedner and Doreen Freedner, 444 . 97 feet to the Easterly side of a 50 foot right of way; THENCE along the Easterly side of a 50 foot right of way and through land now or formerly of Timothy Coffey, the following five (5) courses and distances : EDWARD P ROMAINE RECORDED MAX''l 1991, cLERKOFBUFF=COUNTY 1. North 15 degrees 25 minutes 28 seconds West, 207 . 14 feet to a point; 2 . North 14 degrees 10 minutes 28 seconds West, 574 . 16 feet to a point; 3 . North 15 degrees 47 minutes 28 seconds West, 184 . 64 feet to a point; 4 . North 12 degrees 12 minutes 28 seconds West, 274 .80 feet to a point; 5 . North 13 degrees 02 minutes 25 seconds West, 334 . 89 feet to the Southerly side of Main Road (N.Y.S . Route 25) and the point of place of BEGINNING. BEING AND INTENDED to be part of the same premises conveyed by deed from Mohring Enterprises Inc. , dated December 10, 1985, recorded January 10, 1986, Liber 9953 , cp 119 . 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 October 22, 1996 as the same is recorded in the office of the Suffolk County Clerk in Liber 11800 cp 43, 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 parties in l4wful possession of the premises subject to this deed of development rights, pursuant to lease, license, or 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 Laws; allow party of the second part and its agents reasonable access 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 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 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, liabilities 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 disposal, discharge or release of solid wastes, pollutants or hazardous `, RECORDED`_ MAY--' I 1997, clZRK�SUFFOLK , Y / 11828 PC 19'7 i 0 _ 33461 RECORDED $ REG 6 D Number of pages TORRENS REAL STATE MAY 01 1.29 Serial# i `, vo(ItyTY Certificate# TRANSFER TAX SUFFOLK Prior Ctf.# COUNTY 33 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4`; FEES Page/Filing Fee 'E7�) c M(' Mortgage Amt. Handling 1. Basic Tax _ TP-584 2. Additional Tax _ Notation — Sub Total _ EA-5217(County) Sub Total Spec./Assit. EA-5217(State) or Spec./Add. _ R.P.T.S.A. �� � �9r TOT.MTG.TAX — Comm.of Ed. 5 . 00 cd Dual Town Dual County Held for Apportionment Affidavit Transfer Tax _ Certified Copy ,—V e v}y�� 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 / -- YES or NO GRAND TOTAL _ ` �� If NO, see appropriate tax clause on page# of this instrument. Sr Real Property Tax Service Agency Verification ti, Title Company Information k vwn ti � 3, Dist. Section Block Lot fYe'rAdvantage Title Co ?a r7 S ARR2 1000 075 . 00 06 . 00 0 . 003 Company Name D �o�9� 96-AS-12202 j InitiTitle Number PS �- P David P . Fishbein, Director :8,, FEE PAID BY: Suff. Co . Div. of Real Estate Cash Check Charge 158 N. County Complex Payer same asR&R Veterans Memorial Highway (or if different) Hauppauge, NY 11788 NAME: Advantage THIP Agency Inc 410 New York Avenue, Suite 202 ADDRESS: Huntington NY 11743-3437 RECORD& RETURN TO 7 ` _ (ADDRESS) 91 Suffolk County Recording & Endorsement Page This page forms part of the attached Bargain & Sale Deed with Covenants made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in TIMOTHY COFFEY SUFFOLK COUNTY,NEW YORK. TO In the Township of Southold COUNTY OF SUFFOLK In the VILLAGE - -- .-+ - or HAMLET of Peconic "' RECORDED. MAY-'i 1997' GL2RK OF�pX�Jppy DR TO RECORDING OR FILING. _- - ixma..xasac.