Loading...
HomeMy WebLinkAboutL 13090 P 492 11111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIA IIII IIII I I I l l l l l l l l l l l l SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: RIGHT OF WAY AGREEMENT Recorded: 02/09/2021 Number of Pages : 12 At: 11 :29 : 13 AM Receipt Number : 21-0025014 TRANSFER TAX NUMBER: 20-20863 LIBER: D00013090 PAGE : 492 District: Section: Block: Lot: 1000 083 . 00 02 . 00 010 .018 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $60 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $10 . 00 NO Notation $3 .50 NO Cert.Copies $0 . 00 NO RPT $1,000 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $1 , 113 .50 TRANSFER TAX NUMBER: 20-20863 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 RECORDED 2021 Feb 09 11:29:13 AN Numtierof a JUDITH A. PASCALE CLERK. OF SUFFOLK: COUNTS' This document ;public L D00013090 record.Please remove all P 492 Social Security Numbers DT# 20-20863 priorto recording. Deed/Mortgage Instrument Deed 1 Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filin 1VO_ Mortgage Amt. 1.Basic Tax _ H ing o. o z.Additional Tax _ Tp-584 x Sub Total Notation Spec./Assit. EA-5217(County) _ Sub Total c3 or Spec./Add. EA-5217(S te) Jy� TOT.MTG.TAX '�j1• Dual Town ^Dual County_ R.P.T.S. — y Held for Appointment Comm.ofd s. ooj; e Transfer Tax _ Affidavit Mansion Tax - T The property covered by this mortgage is NYS Surcharge . 1S. 0o Sub Totaly a or will be improved by a one or two 9 — family dwelling only. h� Other _ Grand Total 3. b YES or NO 10�(- I�/ If NO,see appropriate tax clause on page# of this instrument. 4 Dist. : 5 Community Preservation Fund 4058343 Real Prope T S I�rflllml�p�lllllpp III IIII�I '17 Consideration Amount$ Tax 5ervicf R DTY A Illl lull II II 1 IIII Agency 19�E9_2o CPF Tax Due $ Verificatior 6 SatiSfatLIUnsJuIscnaryes/rceieasesuscrropercyuwnersmarungAcciress improved RECORD&RETURN TO: Vac an Wickham, Bressler & Geasa, P.C. P.O. Box 1424 rD Mattituck, New York 11952 D D Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead,NY1lgo1 Co.Name floe t'T,/ www,svffolkcountyny.gov/clerk Tltle# (bukkeau 91a 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Amended Right-Of-Way Maintenance Agreement made by. (SPECIFY TYPE OF INSTRUMENT) Clouse Regina; 13451,-LLC and The premises herein is situated in Tennis Monica 13453, LLC' SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Timothy T. Steele & Jeanne F. Steele In the VILLAGE Or HAMLET of Cutchogue BOXES 8 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) RT S Stat ID: F2 DTY A 4058343 19-FEB-20 Tax Maps District ' Secton Block Lot 0 b School District 1000 08300 0200 011013 1000 08300 0200 010014f4 MATTITUCK-CUTCHOGUE 1000 08300 0200 01001$ MATTITUCK-CUTCHOGUE 1000 08300 0200 010017 jp MATTITUCK-CUTCHOGUE 1000 08300 0200 010018f1p MATTITUCK-CUTCHOGUE AMENDED RIGHT-OF-WAY MAINTENANCE AGREEMENT ati 4444 t4�� - (§� This Amended Maintenance Agreement,dated the day ofAugrrst,2019,by and among House Regina 13451, LLC, a New York limited liability company, with an address at 13451 Oregon Road, Cutchogue, New York 11935 (the "HRLLC"); Tennis Monica 13453, LLC, a New York limited liability company, with an address at 13451 Oregon Road, Cutchogue,New York 11935 (the "TMLLC"); and Timothy T. Steele and Jeanne F. Steele (the "Steeles"),with an address at 13795 Oregon Road, Cutchogue, New York 11935, comprising the current owners of certain properties using the right-of-way which is the subject of this Amended Maintenance Agreement (collectively referred to as the "Owners"). RECITALS WHEREAS,the Owners wish to enter into this Amended Maintenance Agreement and thereby supersede and replace the maintenance agreement between the Owners' predecessors- in-interest of the subject properties,which agreement was duly recorded in the office of the Clerk of the County of Suffolk on or about May 27, 1993 in Liber 11726, f Page 279, in its entirety, rendering said maintenance agreement null, void, and of no further force or effect as of the date hereof; and WHEREAS, the HRLLC and the TMLLC are the co-owners of certain real property located in the Hamlet of Cutchogue, County of Suffolk, State of New York, formerly known as lot 4 in "Section 1" on a subdivision map entitled: "Minor Subdivision for Nina Stevens" (the "Subdivision Map"), and further designated as SCTM#: 1000-83.00-02.00-011.13 (Exhibit A), and certain real property located in the Hamlet of Cutchogue, County of Suffolk, State of New York, formerly known as lot 3 in"Section 1" on the Subdivision Map and further designated as SCTM#: 1000-083.00-02.00-010.14 (Exhibit B)(the "HRLLC and TMLLC Properties"); and WHEREAS, the Steeles are the owners of certain real property located in the Hamlet of Cutchogue, County of Suffolk, State of New York, formerly known as "Section 2" on the Subdivision Map, comprised of approximately 17.5 acres, further designated as SCTM#: 1000- 083.00-02.00-10.16, 10.17 and 10.18 (Exhibit C)(the "Steele Property"); and G WHEREAS, the Owners' above-described properties, previously owned and held by Nina Stevens as the original common grantor, was the subject of an application before the Southold Town Planning Board (the "Planning Board") seeking a minor subdivision; and WHEREAS, the minor subdivision "Minor Subdivision" application and maps, "Subdivision Maps", was approved by the Planning Board by resolution dated April 6, 1981; and WHEREAS, the Planning Board approval was expressly conditioned upon, inter alfa, the construction of a sixteen (16') foot wide roadway within and upon a twenty-five (25') foot wide D right-of-way/easement approximately 1600' long (Exhibit D)(the "ROW") over what is now the Steele Property, to be used for ingress and egress to and from the Owners' parcels and Oregon Road, as well as utilities, conforming to the specifications of the Town Engineer of the Town of Southold; and WHEREAS, on September 14, 1992, at the request of the Planning Board, the Southold Town Engineer reviewed and approved the minimum road construction requirements for the roadway, to wit, a road width of sixteen (16) feet, including specified grading and compaction, 'and specified drainage structures installed at certain low points to control the flooding, ponding and/or holding of water; and WHEREAS, on December 1,1992, the predecessor-in-interest of the HRLLC and the TMLLC Properties purchased lots "2", "3", and "4" from Nina Stevens by deed recorded in the Suffolk County Clerk's Office on or about May of 1993, in Liber 11629, Page 907, Liber 11631, Page 042, and in Liber 11631, Page 043, respectively, and the adjacent 4.7 acre parcel from Nina Stevens, on or about February 1, 1996, by deed recorded in the Suffolk County Clerk's Office in Liber 11765, Page 672. The initial conveyances explicitly created, inter alfa, an express twenty- five (25') feet wide easement for ingress and egress over the Steele Property, as well as for utilities, as more fully described therein; and WHEREAS, on or about December 1, 1992, the predecessor-in-interest of the HRLLC and the TMLLC Properties and Nina Stevens simultaneously entered into a written maintenance agreement (the "First Maintenance Agreement") providing for and requiring, inter alfa, the "upkeep and maintenance" of the ROW by all subsequent purchasers of plots and/or parcels in the minor subdivision, which First Maintenance Agreement was duly recorded as aforesaid; and WHEREAS, the 16' roadway within the ROW was subsequently constructed by the predecessor-in-interest of the HRLLC and the TMLLC Properties in compliance with the required specifications of the Town of Southold's aforementioned subdivision approval, and was approved by the Town (the "Improved Roadway"); and WHEREAS, on or about June 14, 1995, the Steeles purchased the Steele Property from Nina Stevens by deed recorded in the Suffolk County Clerk's Office on or about June 27, 1995, 1 in Liber 11730, Page 779, subject to and together with the ROW and First Maintenance Agreement as set forth herein; and WHEREAS, the predecessor-in-interest of the HRLLC and the TMLLC Properties subsequently improved the Improved Roadway by installing and paying for a hot oil and stone/gravel surface 16' wide by approximately 1600' long; and WHEREAS, the maintenance obligations of two of the other improved properties with rights to use the ROW(SCTM#: 1000-083.00-02.00-010.13 and SCTM#: 1000-083.00-02.00- 011.14) already have recorded Declarations of Covenants, Restrictions and Easements specifying their maintenance obligations for the ROW, which are recorded at Liber 12378, Page 356 and 1 Liber 12452, Page 399, respectively. WHEREAS, the Steeles conveyed to prior owners of lots "2", "37 , and "4" approximately 160 feet of the northerly end of the ROW and the east/west right away abutting same. WHEREAS, the parties hereto hereby desire to amend their rights and liabilities with respect to the Improved Roadway and ROW so as to eliminate ambiguities or uncertainties therein, if any; 2 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be bound by law, the parties agree as follows: I. This Amended Right of Way Maintenance Agreement shall supersede and replace the First Maintenance Agreement as of the date hereof, and is expressly intended to touch, concern, and run with the land of the HRLLC and the TMLLC Properties and the Steele Property, hereafter binding all parties, their heirs, successors and assigns, from now until the end of time. The Owners mutually release each other from all obligations, if any, arising under the First Maintenance Agreement. The owners of HRLLC and TMLLC Properties hereby jointly and severally indemnify and hold harmless and agree to defend the Owners of the Steele Property from and against any and all claims, suits,judgments, costs and expenses, including but not limited to attorneys fees, incurred by the Owners of the Steele Property in connection with any such claim, suit,judgment, cost, or expense asserted by the owners of the other three , and any other lots which have a right to use of the ROW, improved properties with rights to use the ROW (SCTM4: 1000-083.00-02.00-010.13 and SCTM#: 1000-083.00-02.00-011.14) and arising out of or related to obligations under the first Maintenance Agreement. The Owners of the Steele Property shall be entitled to choice of counsel in the defense of any such claims or suit. 2. The Owners expressly consent and agree that, commencing on the date of the execution of this Agreement, the Owners of the HRLLC and the TMLLC Properties shall be responsible for and have sole discretion as to the means and methods with respect to the performance of necessary maintenance of, and repairs to, the Improved Roadway provided, however, that same shall be performed as and when needed in a reasonable manner. "Necessary maintenance of, and repairs to, the improved roadway" shall mean: grading, pot hole repair, roadside mowing/clearing except as provided in Paragraph 3 hereof, grubbing, repaving, and/or any other reasonable and required work or repairs needed to place, return, and/or maintain the Improved Roadway in its present condition and in compliance with applicable municipal requirements, specifications and/or guidelines. Herbicide applications and grubbing of roots and stems shall only be permitted within 18 inches of either side of the Improved Roadway and there shall be no use of pre-emergent pesticides/herbicides at any time. Any application of herbicides or pesticides shall be only with the prior consent of the Owners of the Steele Property and by properly certified applicators and done in accordance with all applicable rules and regulations. Simultaneously herewith, the Owners of HRLLC and TMLLC and the Owners of the Steele Property are agreeing upon a schedule of herbicides and pesticides which may be utilized in connection with grubbing by the Owners of HRLLC and TMLLC. The Owner of the Steele Property shall not plant or grow anything, including grass, within 18 inches of either side of the Improved Roadway. If the necessary maintenance and repairs are not performed in a reasonable and timely manner by the Owners of HRLLC and TMLLC Properties, the Owners of Steele Property may give notice to same. If such necessary maintenance and repairs are not performed within fifteen (15) days thereafter, the Owners of the Steele Property may perform same and the Owners of the HRLLC and TMLLC Properties shall pay for same upon presentation of the bills for same to the extent agreed or as determined by arbitration. Interest shall run at the prime rate as set by Citibank, N.A. plus three (3%) percent until paid in full. 3. The Owners expressly consent and agree that, commencing on the date of the execution of this agreement, the Steele Property's sole responsibility for the necessary maintenance and repairs to the improved roadway and right of way shall be mowing of that area of the right of way outside the improved roadway to the extent same is located on the Steele 3 ' property 4. In the event the Steele Property does not perform necessary mowing of that area of the right of way outside the improved roadway as agreed in paragraph 3 herein, Owners may, after giving 15 days notice and the necessary mowing not having been performed, have such mowing performed and charge the reasonable cost of same to the Steele Property. In the event the Steele Property fails to reimburse Owner the reasonable cost of performing the necessary mowing within 30 days, interest shall accrue at the prime rate as set forth by Citi Bank N.A. plus three percent (3%) per annum until paid in full, but in no event shall interest accrue a rate greater than the statutory rate. 5. Except in the case of roadside mowing/clearing other than that provided in Paragraph 3, snow removal, pothole repair, manual grubbing, or any necessary emergency repairs, the Owners of the HRLLC and the TMLLC Properties shall give the Steele Property at least thirty (30) days written notice (the "Notice") prior to performing any necessary maintenance and repairs to the Improved Roadway. In the case of any extraordinary non- emergency maintenance or repairs that would require a temporary closure of the Improved Roadway that would prohibit passage (such as a complete repaving of the improved roadway), the Owners of the Steele Property shall have the right to reschedule the work to a mutually convenient date for all Owners that is within thirty (30) days of the date originally scheduled in the Notice. 6. If upon receiving a Notice, the Owner of the Steele Property objects to the proposed work on the ground that it does not fall within this Agreement's definition of "Necessary maintenance of, and repairs to, the improved roadway" as defined in paragraph 2 herein, the Owner of the Steele Property shall, within thirty (30) days or delivery of the Notice, submit the issue to binding arbitration through and pursuant to the then existing rules of the American Arbitration Association. 7. In the event any Owner by the reason of his or her actions creates damages to the Improved Roadway, such Owner, notwithstanding any other provision hereof, shall be obligated to repair such damages at itsihis/her sole cost and expense, excepting ordinary wear and tear. 8. None of the Owners, their heirs, successors or assigns, shall take any action, or allow, permit, or cause others to take any action, which unreasonably and substantially obstructs, blocks, hinders or impedes the Improved Roadway and/or use of the Improved Roadway, or makes the free passage over the Improved Roadway impracticable, difficult or hazardous, or dangerous. Nothing herein shall prevent the use of the Improved Roadway by the Owners of the Steele Property in connection with agriculture or horticulture and/or property management activities, provided such use does not unreasonably and substantially interfere with use of the Improved Roadway. 9. In the event an Owner causes, creates or allows any damages, impediment or obstruction other condition(s) that unreasonably and substantially impedes and/or impairs reasonable and safe passage over the roadway, said Owner must immediately take any and all steps necessary or required to return the Improved Roadway to its current, safe and passable 4 condition. Should said property Owner fail, neglect or refuse to take the corrective action -necessary to return the Improved Roadway to its original condition, and otherwise render it safe, convenient and practicable to pass, the remaining property Owner may take such action as is reasonably necessary, at it/his/her own cost and expense, to return the Improved Roadway to .appropriate condition, and otherwise render it safe, convenient, and practicable to pass. The offending Owner(s) will be liable to and must then reimburse the Owner(s) who paid for the required work, services, and/or products needed to correct the offending condition to the extent agreed or as determined by arbitration. Interest shall accrue at the prime rate as set forth by Citi Bank N.A. plus three percent (3%) per annum until paid in full. 10. Steele may remove all signs and other items erected on or placed in the ROW by Owners or at the direction of Owners. 11. Owners shall forthwith cease audio and video recording of Steeles' property and shall not recommence such recording 12. The Owners agree that any dispute arising under or related to the terms of this Amended Maintenance Agreement shall be submitted to binding arbitration through and pursuant to the then existing rules of the American Arbitration Association and the prevailing party in any such arbitrations shall be entitled to his/her/its reasonable attorneys' fees and costs associated with any such arbitration. 13. Any notice to be served pursuant to the terms of this Agreement shall be served by certified mail, return receipt requested to the addresses above, except that notices sent to HRLLC or TMLLC shall be sent c/o Jay Quartararo, Esq., Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, 33 West Second Street, P.O. Box 9398, Riverhead,New York 11901. Notice may be given by the parties attorneys. Upon written notice served pursuant to the terms of this Agreement, any party may designate a new address for service of notices. TIMO - STEELE ?AE—AWN—NE F.CSTEeELE HOUSE REGINA 13451, LLC By: e, © Luba (_01230 - TENNIS MONICA 13453, LLC By: Cr- 4 A4 (022 5 -STATE OF NEW YORK) S.S: COUNTY OF SUFFOLK) On the day of August, 2019, before me, the undersigned, a notary public in and for the State of New York, personally appeared TIMOTHY T. STEELE, personally known to me or proved 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 on behalf of which the individual acted, executed the instrument. i NOTARY PUBLIC Cheryl Simons Notary Public,state Of New York STATE OF NEW YORK No. in Suffolk Qualified In 5ut€o1k County S,g; Commission Expires February 4,20--21 COUNTY OF SUFFOLK) On the Zeday of August, 2019, before me, the undersigned, a notary public in and for the State of New York, personally appeared JEANNE F. STEELE, personally known to me or proved on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. i NOTARY PUBLIC "the ryl Simons Notary Public,State Of New York No.3i-4970341 �jLMN e- VCWPll� Qualified In Suffolk County STATE OF N �) � Commission Expires February 4,24 S.S: -- COUNTY OF S1^t ) C—,:,,R 7,G r,,A) On the 17 day of eDUT- 2019, before me, the undersigned, a notary public in and for the State of New York, personally appeared L,,h` Cl4e , the managing member of HOUSE REGINA 13451, LLC, personally known to me or proved 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 on behalf of whicha individual a t d, executed the 1V11t11111111! instrument. �L1VEF� • y ' NOTARY PUBLIC ` ••"r'r �' CRY�� p 6 01 iv-eiR BAllowitv = - Cp��ssnp• =z= �� FS - 1111111111101, -STATE OF NF-Y0tKIF2->0tr-0-/ 6-49&1'4A S.S: COUNTY OF O�) f On the ( -7 day of tn!f-T 2019, before me, the undersigned, a notary public in and for the State of New York, personally appeared L'�C� 0 , the managing member of TENNIS MONICA 13453, LLC personally known to me or proved 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 on behalf of which the individual acte , executed the instrument. f NOTARY PUBLIC �`�..�ER Bq�:Q'�,,� 011'Ve2 gAi wry �����\'••NOTARY •- �f��% PUBLIC •:L MYCOMMISSION _ YFIRES = 0� ••••••\�Q``��. frn+n+++ratiti�"`� 7 Exhibit"A" ALL those certain plots, pieces, or parcels of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, known and designated as Lot I and Lot 2, as shown on Map Prepared for Louis Corso & Luba Corso (Lot Line Change) prepared by Young & Young Land Surveyors, Riverhead, New York, last dated July 18, 2005, more, particularly bounded and described as follows: BEGINNING at the northerly terminus of the boundary line between land now or formerly Oregon LLC, on the west and land now or formerly of Timothy T. Steele & Jeanne P. Steele on the east, said point being situate North 48 deg. 44 min. 00 sec. West as measured along said boundary line 1,602.13 feet from the intersection of said boundary line and the northerly side of Oregon Road, said boundary line also being the westerly line of a certain 25 foot right of way; RUNNING thence from said point or place of beginning South 82 deg. 28 min. 00 sec. West along land now or formerly Oregon LLC 201.11 feet to Lot 2, as shown of Map Prepared for Louis Corso & Luba Corso; RUNNING thence North 46 deg. 56 min. 48 sec. West along Lot 2, as shown of Map Prepared for Louis Corso & Luba Corso 730.77 feet to the high water mark of the Long Island Sound; RUNNING thence along the high water mark of the Long Island Sound the following three (3) tie-line courses and distances: 1. North 84 deg. 43 Min. 48 sec. East 93.02 feet, 2. North 80 deg. 59 min. 55 sec. East 159.50 feet, 3. North 82 deg. 53 min. 39 sec. East 85.44 feet to land now or formerly Louis C. Corso, Regina Corso, & Monica Corso; RUNNING thence South 48 deg. 53 min. 00 sec. East along land now or formerly Louis C. Corso, Regina Corso, & Monica Corso 709.84 feet to land now or formerly Timothy T. Steele & Jeanne F. Steele; RUNNING thence South 69 deg. 56 min. 25 sec. West along land now or formerly Timothy T. Steele &Jeanne F. Steele 145.17 feet to the point or place of Beginning. CONTAINING an area of 4.5183 Acres. TOGETHER WITH& SUBJECT TO certain rights of way and or easements shown on the aforementioned Map Prepared for Louis Corso& Luba Corso. Exhibit "B" BEGINNING at a point being the southwesterly corner of the herein described parcel being the following two courses and distances from the intersection of the division line of the northeasterly line of land now or formerly of Joseph Hannabury, Dorothy E. Ruskowski, Mary A. Hannabury and Patricia A. Gildersleeve and the southwesterly line of land now or formerly of Timothy T. and Jeanne E. Steele with the northwesterly side of Oregon Road; 1. North 48 degrees 44 minutes 00 seconds West 1602.13 feet; 2. North 69 degrees 56 minutes 25 seconds East 145.17 feet; RUNNING THENCE from said point of beginning North 48 degrees 53 minutes 00 seconds West 706.72 feet to the mean high water mark of the Long Island Sound; THENCE along a tie line of the high water mark of the Long Island Sound North 80 degrees 50 minutes 44 seconds East 153.51 feet; Thence South 48 degrees 53 minutes 00 seconds East 673.58 feet to land now or formerly of Timothy and Jeanne E. Steele; THENCE along said land nor or formerly of Timothy T. and Jeanne E. Steele South 69 degrees 56 minutes 25 seconds West 134.75 feet to the point or place of BEGINNING. EXHIBIT C SCTM#1000-083.00-02.00-010.016 1000-083.00-02.00-010.017 1000-083.00-02.00-010.018 All that tract or parcel of land, situate, lying and being north of Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set in the northerly line of Oregon Road at the southeasterly corner of the premises herein described and at the southwesterly corner of land now or formerly of John R. Swiatocha; RUNNING THENCE South 57 degrees 43 minutes 40 seconds West along the northerly line of Oregon Road 366.19 feet; THENCE South 43 degrees 15 minutes 50 seconds West still along the northerly line of Oregon Road 134.75 feet to land now or formerly of Joseph Hannabury; THENCE North 48 degrees 44 minutes 00 seconds West along land now or formerly of Morrell, LLC 1602.13 feet to the southwesterly corner of land nor or formerly of Corso; THENCE along the southerly line of lands now or formerly of Corso and Stevens North 69 degrees 56 minutes 25 seconds East 356.24 feet to a point; THENCE North 72 degrees 38 minutes 10 seconds East, 198.55 along along lands now or formerly of Stevens to land now or formerly of Veronica Czebotar et al.; THENCE along said last mentioned land and land now or formerly of John R. Switocha South 48 degrees 53 minutes 00 seconds East 1494.96 feet to the northerly line of Oregon Road and the point or place of BEGINNING. EXHIBIT D 25 FOOT RIGHT-OF-WAY RIGHT-OF-WAY located at Cutchogue in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a monument on the northeasterly side of Oregon Road where the same is intersected by the northeasterly line of land now or formerly of Morrell, LLC; RUNNING THENCE along said northeasterly line of land now or formerly of Morrell, LLC and land now or formerly of Nina A. Stevens, North 48 degrees 44 minutes 00 seconds West 1602.13 feet; THENCE North 69 degrees 56 minutes 25 seconds East 28.50 feet along land now or formerly of Corso; THENCE through land now or formerly of Steele, South 48 degrees 44 minutes 00 seconds East 1589.33 feet; THENCE along the northwesterly side of Oregon Road South 43 degrees 15 minutes 50 seconds West 25.02 feet, to the point or place of BEGINNING.