The URL can be used to link to this page

Home My WebLink AboutL 11648 P 728 c Qt\s` DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this Sym day of October, 1993, BETWEEN HOPE T. CILLISPIE, f/k/s Hope T. Whitsit, f/k/e Hope T Terry, residing at Main Road, Orient, New York, and Diana Alford, f/kl'a Diana W. Whitsit, residing at 19 Cullinane Drive, Marlborough, Mass, , referred to collectively as party of the first part, and THE TOWN OF SOUTHOLD, a municipal corporation of the State of Nave York, having Its office and principal place of business at Main Road, oc� Town of Southold, County of Suffolk and State of New York, party of the 5cc. second part. `J WITNESSETH o l.o O That the party of the first part, In consideration of ten (;10.00) 00 Z . o of dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, DOES HEREBY CRANT AND RELEASE unto the party of the second part, its successors and assigns forever, the DEVELOPMENT RICHTS, by which is meant the permanent legal interest and right, as authorized by Section 247 of the New York State Cenerel 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; ALL than certain plot, piece or parcel of land, situate, lying and being at Orient, In the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at the southeasterly corner of the premises herein described and the westerly line of land of Joyce Terry dintant westerly and northerly the following two courses and distances from the corner formed by the intersection of the westerly side of Greenway East and the northerly side of Main Road - NY 25: 1 ) Westerly along sold northerly side of Main Road - NY 25, 779.44 feet to a monument; and 2) North 11 degrees 05 minutes 00 seconds West, 596.28 feet to the true point or place of beginning. RUNNING THENCE North 11 degrees 05 minutes 00 seconds West along said) westerly line of land of Joyce Terry, 2055,43 feet to the ordinary high water mark of Long Island Sound; THENCE South 77 degrees 16 minutes 50 seconds West along the ord'Inary high water mark of Long Island Sound, 450.82 feet to land of frank Holminski; THENCE South 12 degrees 33 minutes 50 seconds east along said land of Frank Halminski and later along land of Lloyd Terry, 2052.44 feet to land reserved by the party of the first part; THENCE North 77 degrees 35 minutes 30 seconds East, along said reserved area, 397.72 feet to the point or place of BECIN NINC. TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for Ingress and egress of any 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 sold DEVELOPMENT 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 covenant 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. AND 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 as follows: "Agricultural Production - shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land 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 them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided Into plots by the filing of a subdivision map pursuant to Sections 265 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or, in furtherance of them. The word "party" shall be construed as if it reads "parties" whenever the sense of this Indenturo to requires. , 1 IN 'WITNESS WHIAEOF, the party of the first part has duly executed this deed the day and year first above written. HOPE T. CILVSPIE DIANA F RD 4, DW v s - � ` ' �, Y� STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On the 5th day of October, 1993 before me personally come Hope T. Cillisple, f/k/a Hope T. Whitsit, f/k/s Hope T. Terry to me known to be the Individual described herein and who executed the foregoing Instrument; and acknowledged that she oxecuted the some. otar u'slic JOAN 0lXCY NOTARY PUNUC. :IeN of Now Ys� PL. 32•4720130. sub914 cao.x► ToT l�plrn, AA.i.ea.iD .. . 11698P9728 . STATE OF NEW YORK) ss; COUNTY OF SUFFOLK) On the 5th day of October, 1993, before me personally came Hope T. Clllispie, f/k/a Hope T. Whitsit, f/k/a Hope T. Terry residing at no number, Orient, New York 11957 to be the Individual described in, and who executed the foregoing Instrument, and to me known to be the Attorney-In-Fact of Diana Alford, f/k/a Diana W. Whitsit, the individual described in, and who by her Attorney-in-Fact executed the same, and acknowledged that she executed said Instrument as the act and deed of said Diana Alford f/k/s Diana W. Whitsit, by virtue of a Power of Attorney dated September 21, 1993 and Intended) to be recorded In the office of the Clerk of the County of Suffolk simultaneously herewith and who also swore before me that the sold Diana Alford, f/k/a Diana W. Whitsit was still alive and has not revoked the said Power of Attorney. cx toy UW JOAN DIX.:% NOTARY PURIM lla4 d NowIles No. 524720130, S041k C...ry Term l�pim, MenA-Ikii_ LOXES S THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. _17—SUF11,07RCOUNTY CLERK 2 116g8V28h u, U �} _ 0 ,,,.r Nundwr orl1agcA RIAL LSIAIE TSJRRYNS _ a) iRAN,- Prior n w + Ct:rt�neate a _. 8356 r' Dccd f Mortgage imtrumcut Deed I Mortgage Tax Stamp Recording l Filing Stamps JFEES Page I Flllug I+cu _, it � Mortgage Anil, _ 0-) 1. Boric Tax llunJling _.�«� TP-Sna _�� 2.SONYMA _ Nutation t Sub Total CA-I' (County) •, � Sub Total �, Spec.lAdd. _• EA-5117 (Slate) _ ._ TOT. MTC. TAX R.P,T,S.A. /`� .� Dual Town Dual County_ Hold for Apportionment Cmum, or Ed. S . uU " " is TrmulcrTax Affidavit —' Mansion Tax _ Ccrtirlco Copy The property covered by this mortgage 00 Is or will be lagtruved by a one or live Reg. Copy _ ..-. Sub Total . faintly dwelling only, YLS or NO Other GRAND TOTAL_ , u NO,sae appropriate laa Blau c uu page M or this instrument, S Real Property Tax Service Agency Verineation t:6 " Title Company inrormatlon Dill� Lot Commonvim;CM 1Y11►� -tri o Vic. coyl o� do, coo Lmw Tft kowma d n+OM ewM�LAY Af�r4rlfl�MMnIL I JO-1 -93 �•— 7� INfWll4MiW esAx� 1 . a NRc'r �a3'i3 Title Number ' FEE PAID BY:.: 7 Cajh Check Cbuge__ "C o�ic� o� SoN�1�o\ci ®r OR: S , RECORD & RETURN TO 9. Suffolk County Recording & Endorsement Page This page forms part of the attached -z--:)e r c\ made by: (Deed, Mortgage, etc,) N��.� Z , ��,,s.g F K• P� �,,ti��_ The premises herein Is situated in r-0'-VA zr.� "" 7 SUFFOLK COUNTY, NEW YORK. Cl,c,tic. \�eirA F - K• TO In the TOWN of In the VILLAGE c• . L �\d c1 or HAMLET or c e��