HomeMy WebLinkAboutL 13123 P 376 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 I I I I I I I I I I I I I I i l l l
1111111 IIIA VIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 10/07/2021
Number of Pages : 20 At: 02 :57 : 00 PM
Receipt Number : 21-0175528
TRANSFER TAX NUMBER: 21-07395 LIBER: D00013123
PAGE : 376
District: Section: Block: Lot:
1000 059 . 00 07 .00 029. 005
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $100 . 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 $550 . 00
TRANSFER TAX NUMBER: 21-07395
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
y
RECORDED
2021 Oct 07 02;57.00 P11
Number of pages
JUDITH G. FRSj',RLE
CLEPK. OF
SUFFOLK COUNTY
This document will be public L D00013123
record. Please remove all P 376
Social Security Numbers DT# 21-07395
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Mortgage Amt.
Page/Filing Fee
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 10 Sub Total
Spec./Assit.
Notation
or
EA-52 17(County) SubTotal Spec./Add.
TOT.MTG.TAX
EA-5217(State)
Dual Town Dual County
Re, Held forAppointment
Comm.of Ed. 5. 00 Transfer Tax
Mansion Tax
Affidavit
The property covered by this mortgage is
Certified Copy or will be improved by a one or two
15. 00 family dwelling only.
NYS Surcharge Sub Total
YES or NO
Other
Grand Total s If NO, see appropriate tax clause on
Jpage# of this instrument.
cc _ `_`— _I,, 5k21
4 Dist.1001 4608914 �1 l;E,J�'1'T�+'` j 5 5 Community Preservation Fund
Real Property PTS �II�W °a' Consideration Amount$ cl
Tax Service R VIT A
Agency 25-AUG-2 CPF Tax Due $
Verification J
Improved
Satisfactions/Discharges Releases List Property Owners Mailing Address
6 R�CORD&RETURNTO: Vacant Land
Valerie Marvin, Esq. TD _
62 Main Street, 2nd Floor
P.O. BOX 3163 TD
Sag Harbor, NY 11963 TO
Mail to:Judith A. Pascale,Suffolk County Clerk Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name Advantage Title Agency, Inc.
www.suffolkcountyny.gov/clerk Title M
19-AS-55002
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Common Driveway Easement Agreement made
by. (SPECIFYTYPE OF INSTRUMENT)
Alfred C. Frodella, Jr. and Juliet A. Frodella The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOW N of Southold
Jennifer D. Babtist, as surviving joint tenant In the VILLAGE
of Michao6J. Soccio or HAMLET of
BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INKON'Ur PRIOR TO RECORDING OR FILING.
over
p
Stat ID: 4608914 25-AUG-21
Tax Maps
District Secton Block Lot School District
1000 05900 0700 029002 SOUTHOLD
1000 05900 0700 029005 SOUTHOLD
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COMMON DRIVEWAY EASEMENT AGREEMENT
THIS AGREEMENT,executed as of this Z(o day of February, 2021 by and between
ALFRED C. FRODELLA, JR. and JULIET A. FRODELLA, residing at 40735 County Road 48,
Southold,NY 1]971 (hereinafter"FRODELLA")and
JENNIFER D. BABTIST, as surviving joint tenant of MICHAEL J. BOCCIO, residing at 2345 Plum
Island Lane, Orient,NY 11957 (hereinafter"BABTIST").
WHEREAS, FRODELLA is the owner in fee of the premises at Southold,Town of Southold,
County of Suffolk, State of New York, SCTM41000-059.00-07.00-029.002 by deed dated October
23,1995;recorded in the Suffolk County Clerk's Office on November 29, 1995 in Liber 11752 Page
118, said premises being Lot#4 on a certain filed map entitled "Revised Subdivision Plat made for
Robert T. Bayley"as amended September,8, 1976 by Roderick Van Tuyl, P.C. Surveyors and
approved by the Southold Town Planning Board on September 20x', 1976;(the "Map"),and more fully
described on Schedule A annexed hereto (the "Frodella Lot'j; and
WHEREAS,BABTIST is the owner in fee of premises at Southold, Town of Southold, County
of Suffolk,State of New York, SCTM#1000-059.00-07.00-029.005,by deed dated April 7, 2017 and
recorded in the Suffolk County Clerk's Office on April 13,2017 in Liber 12908 Page 495; said
premises being Lot#3 on the Map, and more fully described on Schedule B annexed hereof(the
"BABTIST Lot'); Survey annexed hereof as Exhibit A,and
WHEREAS, FRODELLA has constructed a driveway on the Frodella Lot from County Road 48
to their residence on Lot 4 on the Map; and
WHEREAS, BABTIST has requested an easement over the FRODELLA Lot to the southerly
line of the BABTIST Lot for access, to which FRODELLA consented, on the terms herein; and
WHEREAS,the parties wish to define the terms of the easement as set forth in this agreement;
NOW,THEREFORE,in consideration of the mutual promises contained herewith,the receipt
and sufficiency of which the parties acknowledge, the parties agree as follows:
I. FRODELLA grants to BABTIST an easement for ingress and egress and
laying of underground utilities from County Road 48 to the BABTIST Lot, for the benefit of the
BABTIST Lot in common with the Frodella Lot only.
2. The easement will be thirty-two (32)feet in width, running along and contiguous with the
easterly side of the Frodella Lot, expanding to a width of forty(40) feet from a point on the westerly
side of the easement starting at a point which is sixty (60)feet south of the northerly boundary of the
Frodella Lot,the easement being more fully described in Schedule C.
3. A buffer of twenty (20) feet shall be maintained within the easterly side of the easement
running along the easterly boundary of the Frodella Lot,for preservation of the existing spruce trees
and for such plantings and fencing,if any,which FRODELLA desires to maintain or install (East
Buffer). A buffer of two (2) feet shall be maintained within and contiguous with the west side of the
t
easement, for protection of FRODELLA'S lawn area, and expanding to ten (10) feet within the
northerly 60 feet of the easement. (West Buffer). BABTIST shall not install any lighting, plantings,
fencing, park in, impede or otherwise use the right of way except as specifically provided in this
Agreement unless previously consented to in writing by FRODELLA. Ingress and egress and the
laying of utilities shall not occur in the buffer areas without FRODELLA's prior written consent.
4. The width of the improved driveway surface will be ten (10) feet, located in the location of
the existing driveway, between the East Buffer and the West Buffer. The driveway will be constructed
with a crushed concrete base and finished with blue stone blend or RCA, the surface of the driveway to
be level with existing grade. Driveway construction will be performed with minimal disruption of the
use of the right of way, and so that all drainage from the driveway surface stays within the bounds of
the easement. Neither party shall impede the easement.
5. BABTIST will be solely responsible for the installation of their underground utilities within
the bounds of the easement, so as not to impair FRODELLA'S utilities, cause damage to the spruce
trees in the East Buffer of the easement or their roots, and for the restoration of any damage done to the
driveway. BABTIST shall be responsible at their sole cost and expense for trimming the spruce trees
above the driveway to a height up to I5 feet only to the extent necessary for passage of vehicles, and
any undergrowth interfering with the use of the driveway in order to maintain suitable passage for
vehicles.
6. FRODELLA shall be exclusively responsible for the buffer areas which may be planted, left
open or naturalized solely in the discretion of Frodella.
7. The respective lot owners of the Frodella Lot and the BABTIST Lot have the joint, equal and
mutual right to use the common driveway described above for the purpose of ingress and egress and
installation of underground utilities. FRODELLA shall have the sole right to landscape buffers, and to
install fencing, screening, pillars, and signs, except that BABTIST may install and maintain one
identification name sign not greater than one square foot in size at the entrance to the driveway near
County Road 48; and except as set forth in paragraph 5.
8. The common driveway shall be maintained in good repair employing the same design, type of
construction and material as described in paragraph 4, unless otherwise agreed to by the owners of the
Frodella Lot. "Maintained in good repair" as used in this Easement, shall be deemed to mean periodic
resurfacing, rc-gravelling, filling of holes, snow removal, and maintenance to ensure proper driveway
width and grading, and as necessary to make it convenient and safe to use the easement, and on
FRODELLA's consent, installation of speed bumps. The parties shall equally share the cost of
maintaining the easement in good repair from Route 48 northerly to the FRODELLA parking area to
the east of their residence. BABTIST shall pay the full cost from said point to the northerly boundary
of the FRODELLA Lot. At such time as additional structures are constructed on the northerly portion
of the FRODELLA Lot to which regular vehicular access occurs, the percentage of cost sharing will be
adjusted proportionally.
9. Prior to incurring any costs of maintaining the driveway in good repair, the party proposing
same will notify the other of the proposed work and estimated costs. If there is any objection which
cannot be resolved, the proposing party may pay the cost of maintaining the driveway in good repair,
and may seek the recovery of the other party's allocable share, the prevailing party to pay the other
party's reasonable attorney's fees and expenses.
2
10. Notwithstanding anything to the contrary herein, each Lot owner shall promptly repair, at its
sole cost and expense, any damage done to the driveway by construction traffic, machinery, or other
implements used in the construction or maintenance of improvements on the particular lot owner's
land. If such repair is not determined as required, the remedies in paragraph 9 may be utilized.
11. Neither party will impede access over the easement, nor permit restriction of such access by
its guests, invitees, service and delivery vehicles or other visitors, and passage over the easement shall
not exceed twenty (20) mph, exclusive of landscaping installed as per Paragraph 3.
12. The BABTIST Lot will be used only for a single-family dwelling operated in accordance with
applicable laws and regulations; but not for use as a bed and breakfast facility. Neither lot shall be
further subdivided.
13. FRODELLA and BABTIST will each maintain public liability insurance in the minimum of
$1,000,000.00 Combined Single Limit under their homeowner's insurance or umbrella for their
respective lots, and as to BABTIST, the easement, and shall provide certificates of insurance to the
other party evidencing such coverage.
14. RELEASE. BABTIST, for itself, its heirs, successors and assigns, releases and relinquishes
any claim to a 50 foot right of way as may be shown on the Map or otherwise, and agrees not to make
nor suffer any claim therefore, the parties hereto having agreed that the easement as set forth and
provided for herein shall supersede and replace any such right of way or easement.
15. MISCELLANEOUS.
a. This easement may not be revoked, rescinded, extinguished, modified or amended without
the express written consent of the signatories to this agreement, or their heirs, successors and assigns.
b. Survivorship. This easement shall run with the land and is binding upon all parties, their
grantees, heirs, distributes, personal representatives, successors, and assigns of any portion of the lands
described in Schedules "A" and "B" herein.
c. Entire Agreement.- This Agreement constitutes the entire agreement between the parties; no
modification will be valid unless signed in writing by all parties, and no prior discussions, sketches,
communications or documents provided from either party to the other shall be binding unless
specifically incorporated into this Agreement.
d. New York Law: This Agreement shall be construed and regulated in all respects by the
laws of the State of New York.
e. Invalidity: If any provision or provisions of this Agreement shall be held invalid,
unenforceable, or both, the remaining provisions shall remain in full force and effect.
f. Venue, etc. The parties hereby irrevocably submit to the exclusive jurisdiction and venue of
the New York State Courts sitting in Suffolk County in any action or proceeding arising out of or
relating to this Agreement.
g. Litigation and Waiver. In the event of any legal proceeding or litigation between the parties
hereto arising out of this Agreement, each of the parties hereto hereby waive the right to a trial by
jury in such legal proceeding or litigation.
3
11, C, q0 q).4—
ACFRffi C. FRODELLA JE IFER TIST
T A. FRODELLA
State of New York, County of Suffolk ss:
�1
On the db day ofn the year 2021, before me, the undersigned, personally
appeared ALFRED C. FRODELLA and RU EST A. FRODELLA, 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 f whichthe individual(s) acted, executed the instrument.
(signatu and office of individual taking acknowledgement)
-*&1 a a
State of New York; County of Suffolk : SS X A X
*i_
On the t7 day MAq ofI-O'k► in the year 2021, before me, the undersigned, personally
appeared JENNIFER BABTIST, 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.
'_—�.
(signature and office individual taking acknowledgement)
MARY KOLAKOWSKR
NOTARY PUBLIC-STATE OF NEW YORK
SCHEDULES: No.of K04870006
A --Description of Frodella Lot Ouelified in Suffolk County
B—Description of BABTIST Lot My Commission Expires 09-02-2022
C —Description of Right of Way
re/Frodell a/drivewayagmt-Final
4
SCHEDULE A
FRODELLA LOT:
All that certain plot, piece or parcel of land,with the buildings and improvements thereon
erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and
State of New York;
BEGINNING at a point on the northwesterly side of Middle Road(Country Road#27)which
point of beginning is 536.14 feet,more or less southerly from the intersection of the -
northwesterly side of Middle Road (County Road#27) and the southwesterly side of Kenney's
Road, said point of beginning being also the intersection of the southerly corner of land now or
formerly of Goldrich,with the northwesterly side of Middle Road,from said point of beginning
running thence along the northwesterly side of Middle Road (County Road#27)South 33
degrees 31 minutes 40 seconds West a distance of 100 feet to land now or formerly of Charnews;
RUNNING THENCE along land now or formerly of Charnews the following two courses and
distances;
1. North 41 degrees 51 minutes West 200 feet to a point;thence
2. South 48 degrees 09 minutes West 218.38 feet to land now or formerly of Aliano;
RUNNING THENCE along said land now or formerly of Aliano North 41 degrees 51 minutes
West 570 feet to a point and other lands of the grantors herein;
RUNNING THENCE North 48 degrees 01 minutes 10 seconds East 316.83 feet to land now or
formerly of Goldrich;
RUNNING THENCE along land now or formerly of Goldrich South 41 degrees 43 minutes 10
seconds East 745.49 feet to the point or place of BEGINNING.
NTAGE TITLE SCHEDULE B
Amended 2-3-2021
AUL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold,County
of Suffolk and State of New York, being bounded and described as follows:
BEGINNING at a point which Is distant the following two (2) courses and distances from the
Southerly end of a tie line connecting the Southwesterly side of Kenney's Road and the
Northwesterly side of North Road (County Road 48)(Middle Road):
1. Westerly as measured along the Northerly side of North Road, 507.54 feet;
2. North 41 degrees 43 minutes 10 seconds West, 745.49 feet to the point or place of
beginning;
RUNNING THENCE from said point of beginning, South 48 degrees 01 minute 10 seconds West,
316.83 feet to lands now or formerly of Mudd;
THENCE along lands now or formerly of Mudd, North 41 degrees 51 minutes 00 seconds West,
40.30 feet to lands now or formerly of Coscetta;
THENCE along lands now or formerly of Coscetta, North 41 degrees 54 minutes 30 seconds West,
547.88 feet;
THENCE North 53 degrees 24 minutes 40 seconds East, 322.40 feet to lands now or formerly of
Malone;
THENCE along lands now or formerly of Malone,the following two(2)courses and distances:
1. South 41 degrees 14 minutes 00 seconds East, 175.70 feet;
2. South 41 degrees 35 minutes 00 seconds East, 382.20 feet to the point or place of
BEGINNING.
The policy to be issued under this report will Insure the title to such buildings and improvements erected on
FOR the premises which by law constitute real property.
CONVEYANCING
ONLY TOGETHER with all the right,title and interest of the party of the first part,of,hs and to the land Fying in the
street in front ofand adjoining said premises
TITLE#19-AS-55002
FAA, SCHEDULEC
ALL that certain plot, piece or parcel of land,situate, lying and being in the Town of Southold, County
of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the Northwesterly side of North Road (C.R. 48)(Middle Road), which point
is distant 507.54 feet Southwesterly when measured along the Northwesterly side of North Road
from the Southerly end of a be line connecting the Southwesterly side of Kenney's Road and the
Northwesterly side of North Road, said point also being where the Southwesterly line of Lot 4 as
shown on "Map of Henry Arbeeny°, Map No. 8901, intersects the Northwesterly side of North Road;
RUNNING THENCE along the Northwesterly side of North Road, South 33 degrees 31 minutes
40 seconds West,33.09 feet;
THENCE North 41 degrees 43 minutes 10 seconds West, 693.76;
THENCE North 49 degrees 17 minutes 41 seconds West, 60.68;
THENCE North 48 degrees 01 minute 10 seconds East, 40.00 feet to land as shown on "Map of
Henry Arbeeny", Map No. 8901;
THENCE along said land South 41 degrees 43 minutes 10 seconds East, 745.49 feet to the
Northwesterly side of North Road at the point or place of BEGINNING.
The policy to be issued under this report will insure the title to such buildings and improvements erected on
FOR the premises which by law constitute real property.
CONVEYANCING
ONLY TOGETHER with all the right,title and interest of the party of the first part,of,In and to the land lying in the
street in front of and adjoining said premises.
TITLE#19-AS-55002
EXHIBIT A
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SURVEY OF
LOT 3 & $'
401 RIGHT OF WAY
MAP OF
ROBERT T. BAYLEY o�N Rom
9TUATE AT N+ r� CDLONIAL SURVEYING, PC
SOUTHOLD JOSEPH SECCARCO, PLS
TOWN OF SOUTHOLD N.Y4 L1C-No,050906
SUFFOLK COUNTY, NEW YORK 149 HAMPTON ROAD
S.C.T.M. 7000 — 59 — 7 — 29.5 SOUTHAMPTON,NY 11966
PH 631-263-6500
COLDNIALSURVE11NOfMAHOO CO11
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EXHIBIT A (continue
( LC-�,bIut ', vu pc�es
GWRANTEES OR CER IFIrATM.ARE NOT MVJWEiIABLL WIDERMM UTILIT
EASBAENTS NOT SHOWN AFD VMffY POLE LOCAITONS ARE NOT 6WIRANrEm
THE OFFSET DROWN MM HEREON FROM THE STRUCTURES TO TIN: PROP
ARE FOR SPMM PURPOW AND USE, TMHERE ARE NOT INTENDED TO GUT!
ERECTION OF Fps, REUEI M WNLM POOLS, PATIOS, PLANRNG ARE/R,S
ADOMON TO MALDNGS, AND OTHER CONSTRUCTIOFL THF EMENCE OF Ron
OF WAYS. TI1MANM AIQ/OR EASE ME RM OF RECORD. F ANY. NOT SHOWN
ARE NOr GUARANT®.
UNAUTHOR20 ALTERATION OR ADMION TO TNS SURVEY IS A VIOLATION OF
SECTION 72DO OF THE NEST YORK STATE EI,Ud,M LAW. COPIES OF THS su
NOT BEN= THE !AMID SURVEYORS SIGNATURE AMID RED NIX OR E]1NJ065£D
NOT BE CONSIDERED A TRUE VALID COPY.
ALL LOGRMW OF AND DSTANCES TO WELLS AND CESSPOOLS ARE BY LOCM
FROM HOMTIDYMMERS. FIELD OBSMATKM AMID/OR NEORIMM OffAMED FROI
OTHERS. SINM MOT ARE NOT VMILE THESE LOCATIONS AND DMO51 M
CANNOT TRE CERTIFIED.
A
TEST HOLE BY MCDONALD
GEOSCIET+ICE, FEBRUARY 24, 2020.
GROUND ELEVATION 36.0'
DARK BROWN LOAM - OL
1'
BROWN SANDY CLAY - CL
IT
BROWN CLAYEY SAND - SC
1 Irl
BROWN FINE SAND - SP
22'
BROWN CLAYEY SAND - SC
32' (EL 4A')
EXHIBIT A (continued)
WELL / sANffAW
500 +
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LOT 2
(TAX LOT 29.6)
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PROP. 5EPT3C: (5 BEDROOMS)
1 - 1,500 GALLON SEPTIC TANK
2 - 8' DIA. X 8' DEEP LEACHING POOL
ROOM FOR 50X EXPANSION
PROP. SEPTIC: (POOLHOUSE)
1 - 1,000 GALLON SEPTIC TANK
1 -- 8' DIA. X 4' DEEP LEACHING POOL
NOTE ouu�" t�•
UNSUITABLE SOILS FRUST BE REMOVED AND REPLACED WITH A
THREE FOOT CLEAN SAND AND GRAVEL COLLAR AROUND THE
LEACHING POOLS TO A DEPTH OF AT LEAST SIX FEET INTO A
STRATA OF TYPICAL LONG IS" SAND AND GRAVEL.
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EXHIBIT A (continued)REVISED SUBDIVISION MAP OF MINOR SUBDIVISION PLAT MADE FOR ROBERT T.
BAYLEY FILED-JUNE 14. 2016 AS MAP NO. A816
LOT AREA: 182,563.8 SQ. FT. = 4.19 ACRES
PROPOSED BUILDING COVERAGE: (MOUSE W/ OH'S. POq_yOUSE� SHS.
GARAGE) 4,472.8 SQ. FT. = 2.4X
PROPOSED TOTAL LOT COVERAGE: 15,524.6 SQ. FT. = 8.5Z
PROPOSED CLEARING / SOIL DISTURBANCE. 37.226.3 SQ. FT. = 20.4X
ELEVATIONS ARE N.A.V.D. 1988 DATUM.
LOCATION OF EXISTING SEPTIC AND WATER
SERVICE AS PER OWNER.
SURVEY OF
LOT 3 &
40 ' RIGHT OF WAY
MAP OF
ROBERT T. BAYLEY
SITUATE AT
SOUTH OLD
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. T.M. 1 000 - 59 - 7 _ 29.5
EXHIBIT A (continued)
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