HomeMy WebLinkAboutL 13017 P 909 I illl I I I I I I I I I I I I I I I I I I I I I I I I I I I lilll 1 1 1 1 1 1I11i I
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 07/02/2019
Number of Pages: 10 At: 02 : 46 : 55 PM
Receipt Number : 19-0123591
TRANSFER TAX NUMBER: 18-36943 LIBER: D00013017
PAGE : 909
District: Section: Block: Lot:
1000 024 . 00 02 . 00 026 . 004
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $50 . 00 NO Handling $20 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
TP-584 $10 . 00 NO Notation $0 . 00 NO
Cert.Copi.es $0 . 00 NO RPT $400 . 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $500 . 00
TRANSFER TAX NUMBER: 18-36943
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
F1 27
4
Number of pages RECORDED
r 2619 Jul 02 02:45:55 PI-11
JUDITH A. PASCALE
This document will be public CLERK OF
SUFFOLK COUNTY
record.Please remove all L D00013017
Social Security Numbers P 909
prior to recording. DT# 1E-36943
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee Mortgage Amt.
t5b1.Basic Tax
Handling 20. 00
2. Additional Tax
TP-584X",-/
� Sub Total
Notation Spec/Assit.
or
EA-5217(County) Sub Total VV VV Spec./Add.
EA-5217(Stat ) TOT.MTG.TAX
y�1
�N1 Dual Town Dual County
R.P.T.S.4 . - � Held for Appointment
Comm.of Ed. S. 00 p} Transfer Tax
•
Affidavit . Mansion Tax
_
The property covered by this mortgage is
Certified Copy
or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total YES or NO
Other
Grand Total J v t/ � If N0, see appropriate tax clause on
page# of this instjumn
4Dist. 1001 3899EI67 t � 5 Community Preservation Fund
Real Property P T SIN
11111111111111111
Consideration Amount$
Tax Service R JGA A 1 t
Agency 01-JUL-19 CPF Tax Due $
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
TD
William D.Moore,Esq.
51020 Main Road TD
Southold,NY 11971 TD
Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name Stewart Title Insurance Company
www.suffolkcountyny.gov/clerk
Title# 7129837
g Suffolk County Record in & Endorsement Page
This page forms part of the attached Shared Well Agreement made
by: (SPECIFYTYPE OF INSTRUMENT)
William A.King and Robert H.Turner The premises herein is situated in
as co-administrators and successor executors SUFFOLK COUNTY,NEW YORK.
TO IntheTOWNof Southold
William A.King In the VILLAGE
or HAMLET of Orient
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
73—ver
r PT S
Stat ID: 3899867 R JGA A01-JUL-19
Tax Maps
District Secton Block Lot School District
1000 02400 0200 026004
1000 02400 0200 026005
SHARED WELL AGREEMENT
,Ftc c ed+ke 31 540,y 4 P-y
This Agreement�ntU the YA day of ) , 2019 by and
c�ti c�v
between William A. King, residing at 33 First Street,Webster, MA 01570 and Robert H.Turner residing at
525 King Street, Orient, NY 11957 in their capacity as co-administrators of the Estate of Susan E. King
and as successor executors of the Estate of Floyd F. King,Jr. (hereinafter referred to as the "supplying
party"), and William A. King residing at 33 First Street,Webster, MA 01570 in his individual capacity
(hereinafter referred to as the "supplied party");
WITNESSETH:
THAT WHEREAS, the supplying party is now the owner of property known as 170 Bay Lane,
Orient, NY 11957 [1000-024.00-02.00-026.004] (Parcel 1) located in the County of Suffolk,State of New
York and which property is more fully described on the attached Schedule A and
WHEREAS, the supplied party is the owner of property known as 225 Bay Lane, Orient, NY 11957
[1000-024.00-02.00-026.005) (Parcel 2) located in the County of Suffolk, State of New York and which
property is more fully described on the attached Schedule B; and
WHEREAS,the undersigned parties deem it necessary to provide a well system to service the
properties described herein, and an Agreement has been reached relative to supplying water from the
well and the cost of supplying said water; and
WHEREAS, there is a well located upon Parcel 1 together with water distribution facilities,
hereinafter referred to as"water distribution system,"for the purpose of supplying water to Parcels 1
and 2 which are connected to the water distribution system by individual service lines; and
WHEREAS, it is the intention and purpose of the undersigned parties that the well and water
distribution system shall be used and operated to provide an adequate supply of water for each of the
properties connected thereto, for the domestic consumption of the occupants of said properties,and to
assure the continuous and satisfactory operation and maintenance of the well and water distribution
system for the benefit of present and future owners, their heirs, successors and assigns of the properties
connected thereto; and
WHEREAS,the well has been used to provide domestic water to Parcel 1 and 2 for their
respective uses as single family residences;and
WHEREAS,the parties hereto desire to enter into this Agreement for the purpose of reducing to
writing their respective rights and obligations pertaining to said well and water distribution system.
NOW,THEREFORE, in consideration of the promises and covenants herein contained, it is agreed
that the well and water distribution system situated on Parcel 1 shall be used by the parties to this
Agreement, as well as by all future owners an occupants of said Parcels 1 and 2, upon the following
terms and conditions:
1. That until this Agreement is terminated,as hereinafter provided, the parties hereto, .
their heirs, successors and assigns, for the exclusive benefit of the respective parcels of real
estate, and for the exclusive use of the household residing thereon, are hereby granted the right
in common with the other parties to this Agreement,to draw water from the well located on
Parcel 1 for quotidian domestic use excluding the right to draw water to operate inground
sprinkler systems,fill swimming pools, fish ponds, hot tubs, or the like, of any type.
2. That the owners or resident of the dwelling located on Parcel 2, as of the date of this
Agreement shall pay or cause to be paid promptly a proportionate share of all expenses for the
operation and maintenance of the well and water distribution system that may become
necessary. Each respective share shall be determined by dividing the amount of each expense
by two, it being understood that the supplying party and the supplied party shall pay an amount
equal to one half of the total of such necessary repair or replacement. Shared expenses include
the cost of electricity of the well and water supply system, the cost of repairs and maintenance
including replacements on said well and water distribution system.
3. That the cost of any removal or replacement of pre-existing site improvements on an
individual parcel necessary for system operation, maintenance, replacement, improvements,
inspection or testing, damaged as a result of repair of the well or water distribution system
maintenance will be borne by the owner of the affected parcel.
4. That each of the parties hereby agrees that they will promptly repair, maintain and
replace all water pipes (their individual service lines) serving their respective dwellings at their
own cost and expense including any landscaping restoration that may be necessary due to the
repair. Improvements, construction, or other activities by the owner of one of the properties
which causes any damage to the property of the other owner, shall be replaced or repaired at
the expense of the owner whose activities caused said damage.
5. That the consent of all parties to pay a proportionate share of costs shall be obtained
prior to embarking upon expenditures for system maintenance, replacement or improvement,
except in emergency situations. An arbitrator shall be chosen by the parties; shall be consulted
in the event the parties cannot agree regarding the said expenditures; and the arbitrator's
decision shall be final and binding upon the parties.
6. The parties acknowledge that Parcel 1 is presently subject to a license agreement set
forth in a deed dated October 17, 2002 recorded in the office of the Suffolk County Clerk on
December 9, 2002 in liber 12224 Page 051 which states:
"SUBJECT TO the personal right of William A. King the grantee in a certain
deed bearing even date herewith while he is the owner of those premises contiguous
and south of the subject parcel or his stepbrother, Robert Hughes Turner, if he shall be
the owner of said parcel,to have water supplied by a well on the above-described
property hereby conveyed. This right is a personal right and does not run with the
land and shall expire whenever either William A. King or Robert Hughes Turner is not
the owner of the above-referred to property which is contiguous and to the south of
the parcel herein conveyed."
The parties further acknowledge that William King as owner of Parcel 2 is presently the
holder of the above described "personal right" which is memorialized in a deed to Parcel 2 dated
October 17, 2002 and recorded in the office of the Suffolk County Clerk on December 9, 2002 at
Liber 12224 Page 052.
7. The parties to the above-described license do hereby agree to the termination of the
agreement as a license agreement, and do hereby declare their agreement to be bound by the
terms and conditions of this Shared Well Agreement and the easements established in this
Agreement.
8. That each of the parties to this Agreement does hereby grant to the other, his heirs,
successors and assigns, such easements over, across and through the respective parcels as shall
be reasonably necessary for the maintenance or replacement of the existing well, maintenance
of water pipes, pumping equipment, water supply lines, electrical wiring and conduit consistent
with the purposes of this Agreement.
9. That each party shall have the right to act to correct an emergency situation and shall
have access to the pertinent parcel in the absence of the other. An emergency situation shall be
defined as the failure of any shared portion of the system to deliver water upon demand.
10. Until the shared water system can be improved upon and operated year round free of
damage caused by cold weather freezing damage, the water system shall be turned on and
summarized no earlier than April 1 of the year and turned off and winterized no later than
November 8th of the year.
11. That only those parcels of real estate hereinabove described and the dwellings located
thereon shall be permitted to receive water from said well and pumping equipment, and each of
the parties hereto does covenant and agree that he/she will not allow or permit other person,
other than household guests, and tenants, to take, draw, use or receive water from the well, nor
permit other persons to connect to the pipes or mains serving his/her respective parcel.
12. That the term of this Agreement shall be perpetual, except as herein limited.
13. That the benefits and burdens of this Agreement shall constitute a covenant running
with the parcels of land described herein an shall be binding upon the heirs, successors and
assigns of the parties hereto
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day and year first above
written
William A. King, individually and in his capacity as co-administrator of the
Estate of Susan E. King and as successor executor of the Estate of Floyd F. King,Jr.
q
Robert H. Turner, in his capacity as co-administrator of the
Estate of Susan E. King and successor executor of the Estate of Floyd F. King,Jr.
50Z N CAD
COUNTY OF a
On the 30 day ofjun f.2019, before me,the undersigned, personally appeared WILLIAM A. KING
personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose
name is subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity and that by his signature on the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrument and that such individual made such appearance before the
undersigned in the . (Insert the city or other political subdivision and
the state or country or other place the acknowledgment was taken.).
In7ARA M.DOWD
Notary PuNw,State of New York
Notary Public Reg.No.01D06070607
So*Courty
My commission expires: 3 �I
k
[seal]
State of New York
County of Suffolk
On this3l day of �'[ , 2019, before, the undersigned, personally appeared Robert H.
Turner, personally known to me Joproved to me on the basis of satisfacto evidence to the be
p Ysatisfactory
individual whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity, and that by his signature on the instrument,the individual, or the
person upon behalf of which the individual acted,executed the instrument.
Notary Pub
BETSY A.PERKINS
Notary Public,State of New York
No.01 PE6130636
Qualified in Suffolk Coun r
Commission Expires July 18,E-!'
SCHEDULE A
stewart thio Title Number: 7129837
SCHEDULE A- DESCRIPTION
ALL THAT CERTAIN plot, piece or parcel of land, with the buildings and improvements thereon erected,
situate, lying and being at Orient, in the Town of Southold, County of Suffolk and State of New York,
being more particularly bounded and described as follows:
BEGINNING at a point on the westerly line of Village Lane where same is intersected by the northerly
line of lands now or formerly of William Mattessoni and Pamela Valentine, and the southerly line of lands
now or formerly of Walter Millis;
RUNNING THENCE North 87 degrees 46 minutes 20 seconds West, 128.95 feet to the easterly line of a
certain right of way;
RUNNING THENCE along the easterly line of the said right of way, South 18 degrees 05 minutes East
35.17 feet;
RUNNING THENCE South 71 degrees 55 minutes West, 42.12 feet to the ordinary high water mark of
Orient Harbor;
RUNNING THENCE along the ordinary high water mark of Orient Harbor on an irregular curve to the
north being described as a tic line course of North 04 degrees 06 minutes West, 85.00 feet to lands now or
formerly of D. Clayes Bahrenburg;
RUNNING THENCE along said lands now or formerly of D. Clayes Bahrenburg, North 54 degrees 44
minutes 30 seconds East, 91.58 feet to lands now or formerly of Walter Millis;
RUNNING THENCE South 42 degrees 52 minutes 30 seconds East, 131.20 feet to the westerly line of
Village Lane, and the point or place of BEGINNING.
FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part, of, in and to
any streets and roads abutting the above described premises to the center lines thereof.
Schedule A Description (Page 1 of 1) -
SCHEDULE B
SCHEDULE B
ALL THAT CERTAIN plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and Icing at Orient, in the Town of Southold, County of Suffolk
and State of New York,being more particularly bounded and described as follows:-
BEGINNING at a point on the westerly line of Village Lane where the easterly and westerly
boundaries of lands now or formerly of William Mattassoni and Pamela Valentine intersect said
westerly line of Village Lane;
RUNNING THENCE along said westerly line of Village Lane, South 29 degrees 03 minutes
West,32.90 feet to lands now or formerly of David Air and Clare Air;
RUNNING THENCE along said lands now or formerly of David Air and Clare Air the following
two (2) courses and distances: (1)North 09 degrees 13 minutes West, 59A5 feet; (2) South 80
degrees 47 minutes West,68.00 feet to the ordinary high water mark of Orient Harbor;
RUNNING THENCE along the ordinary Nigh water mark of Orient Harbor along an irregular
curve which is a tie line course of North 10 degrees 00 minutes East, 85.00 feet;
RUNNING THENCE North 71 degrees 55 minutes East,42.12 feet to lands now or formerly of
William Mattassoni and Pamela Valentine;
RUNNING THENCE along said lands now or formerly of William Mattassoni and Pamela
Valentine and the easterly line of a certain right of way, South 18 degrees 05 minutes East,
I2I.83 feet to Village Lane and the point or place of BEGINNING.