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HomeMy WebLinkAboutL 11635 P 770 Correction DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 9th day of March 1993 , BETWEEN ADRIAN H. COURTENAY, III, residing at 251 west 19th Street, New York, New York, party of the first part, and THE TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office and principal place of business at Main Road, Town of Southold, County of Suffolk and State of New York, party of the second part. Ov WITNESSETH 10 .Co G� oqv That the party of the first part, in consideration of ten ($10. 00) CC-(O,�t7ilars, lawful money of the United States, 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 Section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Code of the Town of Southold, 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: This is a correction deed being recorded to amend the description in the deed dated 3/9/93 and recorded 3/16/93 in liber 11622 Q-p 15 by adding the fourth course which reads (4) N 22° 21 ' 30" West 65 . 96 feet. RECORDED EDWARDP. LKCiE JUL S 1993 Ct.ERfC of SUFFOLK otRJ(Y WMNDNgEALTH LAND TITLE INSURANCE COMPANY TITLE NO. RH930102 SCHEDULE A THE PPEMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST C0=ED By THIS POLICY ALL that certain plot, piece or parcel of land, situate, lying and being in Mattituck, Town of Southold, Suffolk County, NY, beunded and described as follows: BEGINNING at a point at the southeasterly corner of the prenises herein described where the sam is intersected by the westerly line of land now or formrly of Martin Sidor Jr. and the northeasterly corner of land reserved by Adrian Courtenay, III; said point being the fallowing three distances and courses free the corner formed by the intersection of the easterly side of Mill Lane and the northerly side of Wickham Avenue: 1) Easterly along the northerly side of Wickham Avenue 1017.78 feet to a monunent; 2) North 76 degrees 20 minutes 40 seconds East, 359.10 feet; and 3) North 21 degrees 54 minutes 50 seconds West, 234.59 feet to the true point or place of beginning, 4) North 22 degrees 21 minutes 30 seconds West, 65.96 feet; RUNNING THENCE South 71 degrees 40 minutes 40 seconds West, along the northerly line of land reserved by Adrian Courtenay, III, 338.58 feet to land now or formerly of D. Corr idan; RUNNING THENCE along said land naw or formerly of D. Corridan, the following eight courses and distances: (1) North 18 degrees 19 minutes 20 seconds West, 122.38 feet; (2) South 68 degrees 56 minutes 30 seconds West, 50.56 feet; (3) South 42 degrees 03 minutes 20 seconds West, 32.90 feet; (4) South 8 degrees 24 minutes 50 seconds East, 26.17 feet; (5) South 22 degrees 57 minutes 40 seconds West, 35.41 feet; (6) South 0 degrees 42 minutes 20 seconds West, 20.44 feet; (7) South 11 degrees 20 minutes 20 seconds East, 32.66 feet; (8) South 20 degrees 10 minutes 50 seconds West, 43.55 feet; THELE South 70 degrees 08 minutes 40 seconds West, still along said last mentioned land and also along land now or fornerly of Kavajian, 198.78 feet to land now or formerly of Glisker; THENCE North 20 degrees 48 minutes 05 seconds West, along said last mentioned land 76.43 feet; THENCE North 20 degrees 40 minutes 45 seconds West, along land now or fo=rly of J. Swain, 789.27 feet; THENCE North 21 degrees 18 minutes 50 seconds West, still along said land and also (Continued) EDWARD P.ROMAMIE RECORDED A 8 1993 cmc OF SUFFOLK cOUWY along land of John Sidor 235.61 feet; THENCE North 22 degrees 07 minutes 30 seconds west, still along said land of John Sidor, 212.13 feet; THENCE North 64 degrees 19 minutes 00 seconds East, along land now or formerly of Allyn Tuthill, 653.85 feet; THENCE South 22 degrees 21 minutes 30 seconds East, along land now or formerly of Martin Sidor, Jr. , 1359.22 feet to the point or place of BEGINNING. ; TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of arty streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. To HAVE AND TO HOLD the said DEVELOP= RIGHTS 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 incumbered in any way whatever, except as aforesaid. The party of first part, as a covenants running with the land in perpetuity, further covenants and agrees for the party of the first part, and its heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. AMID the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. The definition of "Agricultural Production" as defined in Section 25-30 of Chapter 25 of the Southold Town Code is a follows: "Agricultural Production - shall mean the production for camnercial purposes of crops, livestock and livestock products, but not lard or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Lard used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes". The party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of then or their respective heirs, EDWARD P.ROMAIW. RECORDED A 8 1993 CLERK Of SUFFOLK COUWY MENNEN or livestock products. Land used in agricultural production shall also include fences, equipannt storage buildings, livestock berm, Irrigation systea s, and any other structures used exclusively for agricultural Purposes•" f4 14 The party of the first part and the party of the sscwW part de hereby covenant and agree in perpetuity that defier of them or their nlpeeUw f heirs, successors, legal representatives or assigns, shall enly use the premises on and after this data for the �q purpose of such agriadqurd production and the grantor coven" and sg, that the undniykq fee thlo any not be subdivided Into plots by the filing of a subdivision map pursuant to Sections 265 and 277 of the Town Law and Section 37S of the Real Property `v r; Law, or any of such section of the Town or Reel Property Law or any laws Al replacing or In furtherance of them. %-L The word "party" shall be construed as N it reads "penis whenever x the sense of this Indenture so requires. a IN WITNESS WHEREOF, the party of the first pert has duly exewted this deed the day and year fist above wrltto►. `$ Adrian H. Courommy, III —T :. . STATE OF NEW YORK) as: p COUIPITY OF SUFFOLK) / On the -7�day of /1"r�+•cCt< , 1hn7, before ae personally ceae t p� 4: Adrian H. Courtr+s--, 111 to aw known to be the Individual dnw*W In and who executed the foregoing instrumw*. and ' aekeewlodgW that she exewtW the Saxe. WWWVM . NM once.atAOK O.��O..I/wM�1r �/ • - *4 '„�. • 3� i � 1.