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HomeMy WebLinkAboutL 13117 P 989 11111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 08/31/2021 Number of Pages : 8 At: 02 :29 :57 PM Receipt Number : 21-0155348 TRANSFER TAX NUMBER: 21-03003 LIBER: D00013117 PAGE : 989 District: Section: Block: Lot: 1000 113 . 00 02 .00 001 .002 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 $5 . 00 NO Notation $0 .00 NO Cert.Copies $0 . 00 NO RPT $200 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $285 . 00 TRANSFER TAX NUMBER: 21-03003 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 Number of pages RECORDED 2021 Aua zl 02:29:57 M JUDITH A. PASCALE CLEROF This document will be public OLK COUNTY NTV record. Please remove all L 000013117 Social Security Numbers P 989 prior to recording. DT;# 21-030003 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee - G��/ Mortgage Amt. 00 1. Basic Tax Handling 20. 2. Additional Tax _ TP-584 Sub Total — Notation Spec JAssit. or EA-52 17(County) — Sub Total Spec./Add. — EA-5217(State) TOT.MTG.TAX — Dual Town Dual County— R.P.T.S.A. �� .� ' Held for Appointment Comm.of Ed. 5• 00 Transfer Tax — + ' Tax ax Affidavit � Mans — The property covered by this mortgage is Certified Copy or will be improved by.a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YESor NO Other — Grand Total 2065 If NO,see appropriate tax clause on page# of this instrument. 4 )�0 00 -- - .• ,. ^a st. 4613360 1000 1130o 0200 001002 5 Community Preservation Fund Real Propert PTS + Consideration Amount$ Tax Service R LPA A Agency 30-A UG-2 CPF Tax Due $ Verification 11 Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land ZTD Patricia Blake, PC TD 451 Montauk Highway East Moriches, NY 11940 TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company.Information 310 Center Drive, Riverhead, NY 11901 INTERNATIONALTITLE 7,1 www.suffolkcountyhy.gov/clerk Title# NIL 8 Suffolk Cou' ntj Recording & Endorsement Page This page forms part of the attached IN C A, n c- a 0 made by: (SPE TYPE OF INSTRUMENT) ,-c e--:-I�A\),,e- La CL-e-- The premises herein is situated in 14,1-1S-�- SUFFOLK COUNTY,NEW YORK. v TO In the TOWN of o a o 2—tL� r t� .P ` C''o In the VILLAGE .� L. or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR To RECORDING OR FILING. t2-01D4J0roak (over) STORMWATER DRAINAGEE EASEMENT THIS AGREEMENT made this day of S ! ,2020, between Signature Five Loan Trust,a Delaware statutory trust, having principal offices located at 1430 Broadway, Suite 350, New York,NY 10025, party of the first part,hereinafter referred to as the"Property Owner", and Zenith Property Group LLC having principal offices located at 3080 Route 112, Suite B, Medford NY 11763 parry of the second part, hereinafter referred to as the"Developer"; and WHEREAS, the Property Owner herein is the owner in fee and simple of certain real property designated as Lot# 27 known as the"Agricultural Parcel"on a certain map entitled "Subdivision Map for Fields at Mattituck" situate off of Stanley Road and Bergen Avenue, Mattituck,Town of Southold, Suffolk County,New York,surveyed by Young& Young Land Surveyors,and filed in the Office of the Clerk of the County of Suffolk on March 31,2006 as Map No. 11370;and WHEREAS,the drainage associated with the subdivision roads and its infrastructure is on the"Agricultural Parcel"and is shown on the subdivision map as Recharge Area"A"and Recharge Area"B"(such Recharge Area"A"and Recharge Area"B"being referred to herein, together,as the"Easement Area")and identified by tax map number 1000-113-02-1.2; and WHEREAS, it is the intent of the Property Owner to grant a permanent easement to Developer,his successors and/or assigns, for such rights, including but not limited to, to access, construct, inspect,replace, repair, maintain, shape, grade, scarify,stabilize,vegetate,tree- removal, pipe, fence, gate, install rip rap stone,survey,clean manholes,debris removal, the recharge basin and subdivision drainage systems, infrastructure, headwalls,and improvements whether underground or above ground; as set forth on,and in accordance with,the subdivision's filed map, its road and drainage plans,and as may be required by the Town of Southold in connection with the development and�penrdtting of the subdivision,or as a condition of granting building permits for the subdivision lots shown on the filed map (collectively,the"Easement s Area Improvements and Maintenance"), provided that all Easement Area Improvements and Maintenance shall be located solely on and contained within the Easement Area(provided that the foregoing shall not be deemed to restrict Developer's rights of access across the Agricultural Parcel for purposes of completing the Easement Area Improvements and Maintenance within the Easement Area); NOW,THEREFORE, in consideration of Ten Dollars($10.00)and other good and valuable consideration,the receipt and sufficiency of which the parties hereby acknowledge,the property owner hereby grants unto the Developer, it's successor and assigns,an easement for the Easement Area and a 25' wide right of way to and from said Easement Area,and as more fully described in attached description of the Easement Area,and as shown on the filed map,to access and construct, inspect, replace, repair,maintain, shape,grade, scarify,stabilize,vegetate,tree- removal, pipe, fence, gate, install rip rap stone, survey,clean manholes,debris removal,the recharge basin and subdivision drainage systems,infrastructure, headwalls,and improvements whether underground or above ground,as set forth on,and in accordance with, the subdivision's filed map, its road and drainage plans,and as may be required by the Town of Southold in connection with the development and permitting of the subdivision, or as a condition of granting building permits for the subdivision lots shown on the filed map BE IT FURTHER granted that upon completion of the Easement Area Improvements and Maintenance areas above described,the Developer is authorized, but not required to, dedicate said easement to the Town of Southold; or such other entity as may control the subdivision roads,and BE IT FURTHER that both Developer, his successors or assigns and Property Owner, his successors or assigns, shall indemnify and hold harmless one to the other,and their agents, from and against all liability.cost or damage arising out of this Easement; provided that the foregoing indemnification obligations of Developer shall expressly include,and Developer shall indemnify,defend and hold Property Owner harmless from and against. all liabilities,costs, damages or causes of action arising out of the Easement Area Improvements and Maintenance (or any action or inaction by Developer with respect thereto). The easement conveyed herein shall run with the land and shall be binding upon all purchasers and holders of said lot,their heirs, executors, legal representatives, distributees, successors and assigns,and that every purchaser by the acceptance of a deed thereto,covenants and agrees that the premises so purchased shall be held subject to the said easements. Signatures on next page 4 First International Title Agency File# NY4178-01 SCHEDULE A4 (Description) ALL that certain plot,piece or parcel of land,situate, lying and being at Mattituck,Town of Southold, County of Suffolk and State of New.York, known and designated as Lot 27 on a certain Map entitled, "Map of the Fields at Mattituck"filed on the 31st day of March,2006 as Map#11370 Abstract#15719 being more particularly bounded and described as follows: BEGINNING at a point on the Northerly Boundary' Line of Bergen Avenue;said point being South 75 degrees 36 minutes 30 seconds West,'a distance of 440.55 feet from the intersection of said Northerly boundary line of Bergen Avenue and the Westerly boundary line of Cox Neck Lane; THENCE from said point of BEGINNING,South 75 degrees 36 minutes 30 seconds West along said Northerly boundary line of Bergen Avenue,a distance of 860.63 feet to a point at the intersection of said Northerly Boundary Line and the division line between lands now or formerly of Kit Realty Inc.,on the East,and lands now or formerly of Carol C. Keil,on the West; THENCE along said division line the following eight(8)courses and distances: 1) North 24 degrees 4 minutes 40 seconds West,a distance of 201.58 feet to a point; 2)THENCE North 22 degrees 18 minutes 50 seconds West,a distance of 269.53 feet to a point; 3)THENCE North 22 degrees 33 minutes 50 seconds West,a distance of 789.50 feet to a point; 4)THENCE North 67 degrees 18 minutes 10 seconds East,a distance of 189.71 feet to'a point; 5)THENCE North 68 degrees 46 minutes 10 seconds East,a distance of 307.64 feet to a point; 6)THENCE North 23 degrees 13 minutes 30 seconds West,a distance of 107.72 feet to a point; 7)THENCE North 28 degrees 18 minutes 30 seconds West,a distance of 150.34 feet to a point; 8)THENCE North 16 degrees 38 minutes 10 seconds West,204.00 feet to a point; THENCE through the said Lands of KIT Realty Inc.the following five(5)courses and distances: 1)North 59 degrees 23.minutes 00 seconds East, a distance of 208.33 feet to a point; 2)THENCE North 20 degrees 37 minutes 00 seconds West,a distance of 240.00 feet to a point; 3)THENCE North 71 degrees 25 minutes 09 seconds West,a distance of 113.20 feet to a non-tangent point; First International Title Agency File# NY4178-01 4)THENCE Northerly,along an arc to the.left having a radius of 300.00 feet, an arc length of 50.44 feet to a point,said curve having a chord Bering North 5 degrees 14 minutes-45 seconds East and length of 50.38 . feet; 5)THENCE North 81 degrees 47 minutes 34 seconds East,a distance of 225.00 feet to a point in the division line between said lands of KIT Realty Inc.,on the West,and land now or formerly of Daniel V. Brisotti and Maria T. Brisotti,on the East; THENCE South 22 degrees 00 minutes 50 seconds East,along said division line,a distance of 139.28 feet to a point; THENCE South 22 degrees 20 minutes 07 seconds East,along said division line and along the Westerly boundary-of`Map of Rosewood Estates," l`ile'dJan'uary 24, 1969 in the Suffolk County Clerk's Office as Map No.5240,a distance of 544.80 feet to a point; ` THENCE,continuing along said Westerly boundary the following seven(7)courses and distances: 1)SOUTH 20 degrees 30 minutes 20 seconds East,a distance of 100.06 feet to a point; 2)THENCE South 21 degrees 45 minutes 40 seconds East,a distance of 99.79 feet to a point; 3)THENCE South 19 degrees 45 minutes 20 seconds East,a distance of 100.06 feet to a point; 4)THENCE South 22 degrees 28 minutes 40 seconds East,a distance of 200.40 feet to a point; 5)THENCE South 18 degrees 36 minutes 50 seconds East,a distance of 100.15 feet to a point; 6)THENCE South 23 degrees 03 minutes 40 seconds East,a distance of 200.05 feet to a point; 7)THENCE South 22 degrees 57 minutes 30 seconds East,a distance of 684.47 feet to the aforementioned Northerly boundary of Bergen Avenue and the point or place of BEGINNING. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed on the day and year first above written. Signature Five Loan Trust By: Zenith ro Group LL By: i Qr -ty State of c - ss: County of } On this day of�C \W(,2020, before,the undersigned,personally appeared�5 '�-OusSP Q- personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s)whose name(s) is (are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histher/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 instrumeLNPublic(,,J he(insert city,provinc 0 1 "� C�/ BETSY A. PERKINS Notary Public,State of New York State of ) No.OIPE6130636 ss: Qualified in Suffolk County County of ) Commission Expires July 1$ On this day of ,2020, before,the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to the be 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. Notary Public In witness whereof, the party of the first part had caused these presents to be signed by its duly authorized office the day and year first written above. SIGNATURE FIVE LOAN TRUST By: Signature Five Trust Administrator, its Administrator By: Signature Group Investments, LLC, its Sole Member By: Name: Title: ACKNOWLEDGEMENT STATE OF NEW YORK ) ss. COUNTY OF N11" Y"'t On the day of November in the year 2020 before me, the undersigned, personally appeared �a�4 s oile 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/she executed the same in his/her-capacity, and that by his/signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. N Public JOHNATHAN URUCHIMA NOTARY PUBUC STATF OF NEIN YORK NO.01 C:Rn IB1271 Qualified in me 13uJrt ?3 New York Commission Expires October 1,2022 4826-6206-4848.1