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Home My WebLink AboutL 11573 P 468 r,fiC .. ��• DEED lf.^�llllTt it01ZR of FQ1� f>rS1C4iS)ri'tW1, DEVELOPMENT RIGHTS 7 � 0 THIS INDENTURE, MADE the S 7W day of 199 BETWEEN THOMAS J. DROSCOSKI , ALBERT DROSCOSKI , P.ICFiARD H. DROSCOSKI , BARBARA CASSIDY, and MARGARET VALIENT, c/o Thomas Droscoski , residing at 6 Grandview Blvd. , Miller Place , New York, . 11764 , party of the first part, AND the COUNTY OF SUFFOLK, a municipal corporation having its (FARM # ) office and principal place of business at County Center , No SHO-790 Number Center Drive, Riverhead, New York, party of the second part; DISTRICT WITNESSETH that the party of the first part , in consideration of 1000 $10 . 00 and other good and valuable consideration paid by the --------- party of the second part , DOES HEREBY GRANT AND RELEASE unto the SECTION party of the second part, its successors and assigns forever , THE 101 . 00 DEVELOPMENT RIGHTS, by which is meant the permanent legal. --------- interest and right, as authorized by §247 of the New York State BLOCK General Municipal Law, as amended, and Local Law 16-1981 of. the 02 . 00 County of Suffolk, to permit , require or restrict the use of the - premises exclusively for agricultural production as that term is LOT defined in Local Law 16-1981 of the County of Suffolk, and the right to preserve open space as that term is defined in 5247 of --------- the New York State General Municipal Law, as amended, and the 07-4.oo(., right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the property described as follows : DATE 1124-9Z 0T 0&. ALL that certain plot , piece or parcel of land, with the build- ings and improvements thereon erected, situate, lying and being FEE 16- at Cutchogue , in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows : BEGINNING at a monument on the westerly side of Alvah' s Line `•• . which point is distant 645 . 79 feet southerly from the i.ntersec- & MAF tion of the westerly side of Alvah' s Lane with the southerly side NEW ✓ of land of The Long Island Railroad, and which point also marks the intersection of the westerly side of Alvah' s Lane and the southerly side of land now or formerly of Burns , and f said point of beginning; RUNNING THENCE along the westerly side of A1.149Ps Lane the fol- lowing two ( 2 ) courses and distances : ( 1) South 34 degrees 58 minutes 40 seconds East 237 . 91 feet; and ( 2) South 31 degrees 36 minutes 40 seconds East 131 . 37 feet to other land of the party of the first part; THENCE along said last mentioned land the following two ( 2 ) courses and distances : ( 1) South 56 degrees 00 minutes West 299 . 10 feet; and ( 2) south 29 degrees 26 minutes 40 seconds East 263 . 58 feet to land now or formerly of Bonkoski; .� THENCE South 29 degrees 26 minutes 40 seconds East along said �v land now or formerly of Bonkoski, 297 . 28 feet to a monument and land now or formerly of Kaloski; THENCE along said land now or formerly of Kaloski the following two ( 2) courses and distances : ( 1 ) South 29 degrees 26 minutes 40 seconds East 453 . 10 feet to a monument; �,,». 42-2),,"_--south 56 degrees 30 minutes 10 seconds West 329 . 23 feet to rFVt1. , a z ),,, a monument and land-now or formerly Of P.owehl ; . 1 VED =limn❑ said land, the fo 10W4q ( 2 ) coFtrses and /1......!D_.. - ... —. R ECO R D E D NOV 171992 cmc OF N.Rour,IN Y FAL ESTA I E . . _. . W 17 1992 TRANSFER IAX ; SUFFOLK ( 1 ) North 32 degrees 28 minutes 20 seconds West 454 . 13 feet ; C� ( 2) North 33 degrees 09 minutes 10 seconds West 1153 . 19 feet to a monument and land now or formerly of Tuthill; CO) RUNNING THENCE along said land the following two ( 2 ) courses and i**` distances : L0 ( 1 ) North 66 degrees 44 minutes East 140 . 16 feet to a monument; ( 2 ) North 59 degrees 48 minutes 00 seconds East 196 . 54 feet to a monument and land now or formerly of Burns; RUNNING THENCE along said land the following two ( 2) courses and distances : ( 1) South 34 degrees 58 minutes 40 seconds East 188 . 43 feet to a monument; ( 2 ) North 55 degrees 01 minutes 20 seconds East 244 . 40 feet to a monument at the point or place of BEGINNING. BEING AND INTENDED to be the same premises conveyed to the party x ..' of the first part, who acquired title by deed from Mary E . ra Bonkoski, deed dated 1/11/89 , recorded 1/19/89 , Liber 10780 , cp 0 498 . �,y •� 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 July 8 , 1992 as the same is recorded in the office of the Suffolk County Clerk in Liber 11499 cp 492 , 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 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 ( a) not generate , store or dispose of hazardous substances on the premises , nor allow others to do so; (b) comply with all Environmental Laws; ( c) 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 , liabi.lit or _including.,, without limitation, responsibility far �� ten=ts and expenses which N•ROhISINE :representa:representation in <111YNOV 17 1992 a RECORDED �� , this agreeulent; ( 2 ) regi esencat"Yull the breach or non-performance of any covenants required by this ------ Man agrermgnt to be performed by the esi1a, either prior to Subsequent to the closing of title heroin; or 111 any octlod" suit, calm, cr proceedinq seeking money damages, lnlunetl(e relief, remedial action, or other remedy by reason of a Violet,M€ or non-codischarge with any environmental law; or the disposer✓ discharge ; releaes of solid wastes, Pollutants or besardaaiq see+++ substances; or exposure to any chemical mubaruuq, aolses " vibrations to the in extent they arise from the owaerabip, operation, and/or condition of the ptemises prior to or subsequent to the execution of the dead of development rights. This covenant spall run with the land In perpetuity. TLe word -party- shall be construed as if it read wpartlesw whenever the set#se ef,tNls indenture to requires. .rr•o V r.. IN WITNESS MEMO Or, tits'part of the first this deed the day and year first above writteat has duly executed THOMAS J. 8 I " . r�. ALBERT C 3coSKI RICHAPDIH. DROSCOSKI �• BA ARA CASEIDY w ..;. ri MARCi�T VALIENT STATE Or NEW YORK) ) 1: COUNTY Or SUFFOLK) On this TIlh, day of October 10 01 before ms personally cede ual J. DROBCOSRI to me known to be the Individual dFscribed in end who executed the foregoing e Instrument, and acknowledged that a ecuted the same. o ry P c: state of New York 4 2011(1 S STATE OF NEW YORK) EEI�low COUNTY Or SUFFOLK fo �rf��aq� •lY _ On this _Lth .._ day of Ontehr 19-U, before me personally case ALBERT 4OSCOSKi to ms known to be the individual descrihed in and who executed the foregoing instrument, and acknowledged th exocuted the same. 1 oLaty Pu c: State of New York �rtf"M 1