HomeMy WebLinkAboutL 11689 P 948 DIS,Tx CT SECTION BLOCK LOT
DISTRICT O 11 DEED 41 10
10Q0
of
SECTION L I � Ip u� DEVELOPMENT RIGHTS
125 . 00
BLOCK THIS INDENTURE, MADE the l,S+ day of �^ ^�- , 1994
01 . 00 1
`
-------- - BETWEEN Laurel Lake Vineyard, Ltd. , residing at 29 Percheron Lane,
LOTS Roslyn Heights, New York, 11577, as Assignee of a contract between
002 . 026 Luis San Andres and David J. Saland, d/b/a San Andres Vineyard, No
002 . 027 # Main Road, Jamesport, New York, party of the first part,
002 . 028
002 .029 AND the COUNTY OF SUFFOLK, a municipal corporation having its office
--------- and principal place of business at County Center, No Number Center
Drive, Riverhead, New York, party of the second part;
WITNESSETH that the party of the first part, in consideration of
$177, 975 . 00 and other good and valuable consideration paid by the
party of the second part, DOES HEREBY GRANT AND RELEASE unto the
rt, its successors and assigns forever, THE
DEVELOPMENT �RIGHTS�, which is meant the permanent legal interest
rig , zed 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 Laurel, in the Town of Southold, County of Suffolk and
State of New York, bounded and described as follows :
BEGINNING at a point in the northwesterly side of Main Road (N.Y.S .
25) distant the following course and distance from the intersection
of the northwesterly line of Main Road (N.Y.S. 25) and the westerly
line of land now or formerly of Cecil T. Young;
1) South 41 degrees 23 minutes 00 seconds West 25.88 feet to the
point or place of beginning; and
RUNNING THENCE from said point or place of beginning along the
northwesterly side of Main Road (N.Y. S. 25 ) the following (2)
courses and distances :
1) South 41 degrees 23 minutes 00 seconds West 40 . 97 feet;
2 ) South 40 degrees 02 minutes 40 seconds West 293 . 95 feet to land
now or formerly of Thos . Wowak;
RUNNING THENCE along said land, North 33 degrees 37 minutes 30
seconds West 718 . 81 feet; V
THENCE South 56 degrees 11 minutes 50 seconds West 121 . 73 feet to
Map of Laurel Estates East, Section One Suffolk County Map No. 7870;
RUNNING THENCE along said land, North 34 degrees 03 minutes 00
seconds West 1582 . 63 feet to Map of Farmveu Suffolk County Map No.
8808;
J RUNNING THENCE along said land, North 51 degrees 26 minutes 00
seconds East 494 .43 feet and to land now or formerly of Peconic
Homes, Inc. ;
RUNNING THENCE along said land and land now or formerly of Daniel
Jacoby and land now or formerly of Cecil T. Young, South 33 degrees
02 minutes 20 seconds East 456 . 39 feet;
THENCE South 32 degrees 57 minutes 15 seconds East 665 . 60 feet;
i
� a
CC��ee
.R G C O�� OL�RK OF AUG 16 1994
EDWARD P isiitAf WE
3i ,v�h wuniv
THENCE South 33 degrees 37 minutes 20 seconds East 446.32 fast;
THENCE South 56 degrees 22 minutes 30 seconds West 150.00 fest;
THENCE South 33 degrees 37 minutes 30 seconds East 582.12 feet;
THENCE North 56 degrees 22 minutes 30 seconds East 125.00 feet;
RDIRIING THENCE South 33 degrees 37 minutes 30 seconds East 100.0
fast to the northwesterly side of. Main Road (N.7.S. 25), to th
point or place of BEGINNING.
ARIRD AND INTRNDRD to be part of the same premises conveyed by Luis
Ban Andres and David J. Boland by deed dated June 1, 1994, and to
8ult*neounly
Cont , ad d
dot 7/8/1983 from Laurel tP opertieshe Clerk ftouLuiskSanuAndresnand Devi
J. Seland, recorded 7/13/1983 in Liber 9386, cp 169,
and by deed from Lynn San Andres dated 11/4/1985, recorded11/20/1986 in Liber 10173 page X110 and by deed from Lynn
dated 11/4/1986, recorded 11/20/1986, recorded 11/20/198Ben Andrea
6 in Liber
10173 page 213. _
TO HAVE RND TO HOLD the said Development Rights in the premises
herein granted unto the party of the second part, it
assigns, forever; s successors and
ARD the party of the first part covenants that the party of the
first part has not done or suffered anything whereby the said
promisee 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 thepett
ay
Of the first part, and the heirs, legal representatives, succe
and assigns of the party of the first part, to use ossors
f the premiers
on and after the data of this instrument solely for the purpose o!
agricultural production.
.he development rights conveyed herein are subject to the further
c^rms and provisions as set forth in a certain contract of sale
between the parties hereto dated April 8, 1994 as the same is
recorded in the office of the Suffolk,County Clerk in Liber 11672 cp
381, 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 dead of
development rights, andpursuant
ogre to lease, license, or other
arrangement, covenants and serest that it will not remove any soil
from the premises described herein.
The party of the first part, its heirs, assigns end/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,
end, taeir respective successors and assigns, harmless from and
against any and all damages, claims, losses, liabilities and
Consulting, engineering and otherwithout icostsnand expenses
penceresponsibility for legal,
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