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Home My WebLink AboutL 13102 P 815 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 05/04/2021 Number of Pages : 8 At: 11 :41 :39 AM Receipt Number : 21-0087536 TRANSFER TAX NUMBER: 20-31004 LIBER: D00013102 PAGE : 815 District: Section: Block: Lot: 1000 081 .00 03 . 00 021 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40 . 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.Copies $0 . 00 NO RPT $400 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $490 .00 TRANSFER TAX NUMBER: 20-31004 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. r1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 �� A� Sub Total Spec./Assit. Notation or EA-52 17(County) Sub Total Spec./Add. TOT.MTG.TAX EA-5217(State) �( Dual 7own Dual County R.P.T,S.A. ! Held forAppointment Comm.of Ed. 5, 00 Transfer Tax Mansion Tax Affidavit The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge15. 00 /� family dwelling only. Sub Total YES_or NO Other , O Grand Total u/ 7 / If NO, see appropriate tax clause on U6 page r✓ of this instrument. 4 Dist. 4472520 5 Community Preservation Fund Real Proper. PTs Consideration Amount$ Tax Service R SMI A I imIAgency 20-APR-21 CPF Tax Due 5 Verificatior Improved Satisfactions/Discharges/Releases List Propperty Owners Mailing Address 6 RECORD&RETURN TO: Vacant Land TO /GOC, �i&j TD TD Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name, - i),JO(fA rEs Ji CAC% www.suffolkcountyny,gov/clerk Title a dr S'/ a Suffolk County Recording & Endorsement Page This page forms part of the attached OGL5G"'I---nT made by: {SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ,� r over P T "S Stat ID: 4472520 R SMI A20:APR-21 Tax Maps District Secton Block Lot School District 1000 08100 0300 021000 SOUTHOLD 1000 08100 0300 022000 SOUTHOLD �r' REAL PROPERTY AGREEMENT THIS REAL PROPERTY AGREEMENT ("Agreement") made as of b , 2020 between PETER C. MIGNEREY and ALICE C. MIGNEREY, residing at 6906 Dartmouth Ave. , College Park, Maryland (hereinafter together called"Mignerey") and STEVEN T. KOLYER residing at 40 The Terrace, Plandome, New York (hereinafter called "Kolyer"). WHEREAS, Mignerey is the owner of real property located at 1480 Paradise Point Road, Southold, New York (SCTM 1000-081.00-03.00-021.00) and described in a certain deed dated November 20, 1994 to Peter C. Mignerey and Alice C. Mignerey, recorded in the Suffolk County Clerk's Office on December 14, 1994 at Liber D00011706, Page 483 (the "Mignerey Property") and as described on the attached Schedule A; and WHEREAS, Kolyer is the owner of real property located at 1400 Paradise Point Road, Southold, New York, (SCTM#1000-081.00-03.00-022.00) and described in a certain deed (the "Deed") dated August 2, 2012 to Steven T. Kolyer, recorded in the Suffolk County Clerk's Office on August 16, 2012 at Liber D00012702, page 270 (the "Kolyer Property") and as described on the attached Schedule B> and WHEREAS, the Mignerey Property is subject to a deeded right of way (the "Deeded Right of Way") appurtenant to and a part of the Kolyer Property, which Deeded Right of Way is described in the Deed as "a right of way over a strip of land ten (10) feet in width and adjoining land now or formerly of Gilbert on the south from the premises herein conveyed to the high water mark of Peconic Bay and WHEREAS, Mignerey and Kolyer (the "Parties") desire to impose a limitation regarding use of the Deeded Right of Way. NOW, THEREFORE, the Parties do hereby agree that (i) reasonable use of the Deeded Right of Way with a four-wheeled motor vehicle shall be limited to any vehicle that is an all-terrain vehicle (as defined in the NYS motor vehicle laws as in effect from time to time), a utility task vehicle that weighs less than 1,500 pounds or a golf cart, and use of the right of way shall be expressly restricted to and contained within the 10-foot width of the right of way, (ii) the rights of Kolyer with respect to the 10-foot right of way shall include reasonable maintenance of it to a width of 10 feet but shall not include any right to the construction of structures or, to pave it, or otherwise resurface it and the rights of Mignerey with respect to the 10-foot right of way shall not include any right to obstruct or interfere with its reasonable use by Kolyer (iii) this Agreement shall not in any respect affect title to or ownership of the Kolyer Property or the Mignerey Property and shall not in any respect limit use of the Deeded Right of Way except as expressly stated in clauses (i) and (ii) above, and (iv) this Agreement shall run with the land and shall bind the Parties, and their respective heirs, successors and assigns. IN WITNESS WHEREOF, the Parties have duly executed this Agreement the day and year first above written. Peter C. Mignerey Alice C. Mignerey a--- I C1 Steven T. Kolyer Schedule A All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying And bring I the Town of Southold, County of Suffolk and State of New York, more particularly bounded BEGINNING at a point on the easterly side of Paradise Point Road where same is intersected by the division line of the southerly side of land now or formerly of Gilbert; RUNNING THENCE along said last mentioned land, the following three courses and distance: 1. South 67 degrees 56 minutes 40 seconds East 361.43 feet ; 2. South 22 degrees 03 minutes 20 seconds West 44.5 feet ; 3. South 65 degrees 14 minutes 50 seconds east 265 feet to the mean high water mark of Peconic bay; THENCE along the mean high water mark of Peconic Bay, South 26 degrees 31 minutes 00 seconds West 70.53 feet to land now or formerly of Stott; THENCE along said last mentioned land, North 65 degrees 14 minutes 50 seconds West 394 feet to land now or formerly of Akscin; THENCE along said last mentioned land, the following courses and distances: 1. North 24 degrees 45 minutes 10 seconds East 96.41 feet; 2. North 67 degrees 56 minutes 40 seconds West 224.32 feet to the easterly side of Paradise Point Road; THENCE along the easterly side of Paradise Point Road, North 18 degrees 16 minutes 40 seconds West 14.48 feet to the point or place of BEGINNING. SCHEDULE $ ALL that certain plot, piece or parcel of land, situate near Paradise Point in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINN3NG at a point on the Easterly side of highway leading to Paradise Point which point marks the intersection of the Easterly side of Highway with the Westerly end of the boundary line between the lands now or formerly of Robert I Kent and Frank Gilbert on the south; said point also described as follows: The easterly side of Paradise Point Road distant 1,379.97 feet northerly from the comer formed by the intersection of the easterly side of Paradise Point Road and the northerly side of Cedar Beach Road; RUNN ING THENCE North 24 degrees 53 minutes 20 seconds East a distance of 64 feet to a point; THENCE North 8 degrees 16 minutes 40 seconds West a distance of 26.06 feet to a point; THENCE South 67 degrees 56 minutes 40 seconds East on a line parallel with the Southerly boundary line of land now or formerly of Caroline Jenkins a distance of 224.32 feet to a point; THENCE South 24 degrees 45 minutes 10 seconds West a distance of 96.41 feet to land now or formerly of Frank Gilbert and: THENCE North 65 degrees 14 minutes 50 seconds West a distance of 210 feet to the point or place of BEGNNING. Together with a right of way over a strip of land ten (10) feet in width and adjoining land now or formerly of Gilbert on the south from the premises herein conveyed to high water mark of Peconic Bay. ' l STATE OF NEW YORK COUNTY OF SUFFOLK On the 201h day of November, 2020, before me,the undersigned, personally appeared PETER Z• MIGNEREY, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) 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(s),or the person upon behalf of which the individual(s)acted, executed the instrument. Notary Public WfILIAM D. MO(3€tE; NBtary Public;:5teitP of{Vew York"" No. 02f,A048327*` 001!fied in..Suffofk Cdgnly' COJssioil Expiies,March 10.. Z u•t L_ STATE OF NEW YORK= COUNTYOFNASSAU: On th?-9 " `day of--N—O!� 2020 before me, the undersigned personally appeared STEVEN T. KOLYER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. WOOCHUL KM U 0-- Nohvy PuW Sh9a of Now York Notary Public Alla 01K Qkuelfflad tit Atumou Gbunty melon Expkw Dee 2q 20 STATE OF MARYLAND COUNTY OF PRf We t1G'-5-f On the�day of D&..fit' Y in the year 2020, before me, the undersigned, personally appeared ALICE MIGNEREY, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the ('at C C-66 4,f ff— (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Notary Pub4ic , SHEVORNE NIEVES NOTARY PUBLIC I C Prince George's County, Maryland 4 My Commission Expires 11/8/2021 C q-v ey ,,IL3IA 1+1,j./ `"" -X N E TlIF1,� ell, 1`e r ,tD-Tti11 Y �' L1 13