HomeMy WebLinkAboutL 13158 P 464 I I S 11 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 I I I I I�
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 06/02/2022
Number of Pages : 12 At: 03 : 00 : 38 PM
Receipt Number : 22-0091312
TRANSFER TAX NUMBER: 21-36504 LIBER: D00013158
PAGE : 464
District: Section: Block: Lot:
1000 024 . 00 01 . 00 010 . 000
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 .00NO
TP-584 $10 . 00 NO Notation $0 . 00 NO
Cert.Copies $15 . 00 NO RPT $600 . 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $725 .00
TRANSFER TAX NUMBER: 21-36504
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County '='=
❑1 2❑
RECORDED
Number of pages v 2022 Jun 02 03:00:38 PM
JUDITH A. PASCALE
CLERK OF
SUFFOLK COUNTY
This document will be public L D00013158
record. Please remove all P 464
Social Security Numbers DT# 21-36504
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee LOQ Mortgage Amt.
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 10 Sub Total
Notation Spec./Assit.
EA-52 17(County) Sub Total Spew/Add.
EA-5217(State)
TOT.MTG.TAX
R.P.T.S.A. kv (0h,QQ_ Dual Town Dual County
Held forAppointment�
Comm.of Ed. S. 00 Transfer Tax
Affidavit �. + Mansion Tax
�G The property covered by this mortgage is
'rCertifiedCopy or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total YES or NO
Other
Grand Total _ / If NO, see appropriate tax clause on
page# of this instrument.
LIZ I
4 Dist.1Q
4891291 r�l•EC3 chPG�
0 5 Community Preservation Fund
�-
Real Property Consideration Amount$ 0.00
Tax Service T
Agency RPLS
P
CPF Tax Due
$ 0.00I111111111
Verification O-ZZ
Improved
Satisfactions/Discharges/Releases List Property Owners Mailing Address
ECORD&RETURN TO: Vacant Land
Karen A. Hoeg, Esq.
Twomey, Latham, Shea, Kelley, Dubin&Quartararo, LLP TD
PO Box 9398
33 West Second Street 7D
Riverhead, NY 11901 TD
Mail to:Judith A. Pascale,Suffolk County Clerk Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcountyny.gov/clerk
Title#
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Utility Easement Agreement made
by: (SPECIFYTYPE OF INSTRUMENT)
AW Frame LLC The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO in the TOWN of Southold
South Dyer Limited Liability Company 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.
over
p S
Stat ID: LPA A 4891291 02-JUN-22
Tax Maps
District Secton Block Lot School District
1000 02400 0100 010000 ORIENT-EAST MARION
1000 01700 0600 014002
1000 01700 0600 014003
Rl
L
1
UTILITY EASEMENT AGREEMENT
F eR,any �t
This EASEMENT AGREEMENT ("Agreement") is made and entered into as of kmtfiy
2022 by and between AW Frame LLC,a New York limited liability company having an office
at 1299 Ocean Avenue, Suite 333, Santa Monica, CA 90401 ("Grantor"), and South Dyer Limited
Liability Company, having an office at 21920 Main Road, Orient, NY 11957 ("Grantee"), for the
purpose of conveying an casement from Grantor to Grantee and to impose• certain restrictions
pertaining thereto.
WHEREAS, Grantor,the party of the first part,owns certain improved real property located
at 640 Skippers Lane,Orient,New York 11957,which is designated by the Suffolk County Assessor's
Office as SCTM # 1000-024.00-01.00-010.000 and described with specificity in Exhibit A hereto,
(hereinafter referred to as the"AW Frame Parcel");
WHEREAS, Grantee, the party of the second part, owns certain improved real property
located at 21920 Main Road, Orient, New York 11957, which is designated by the Suffolk County
Assessor's Office as SCTM # 1000-017.00-06.00-14.2 and 14.3 and described with specificity in
Exhibit B attached hereto(hereinafter referred to as the"Tuthill Parcel");
WHEREAS, Grantor desires to grant Grantee a utility casement through a portion of the
Grantor's property,said easement is more fully described in Exhibit C;attached hereto;
WHEREAS,a survey of the electric easement is attached hereto as Exhibit D.
WHEREAS, Grantee desires to receive the easement described herein, all on the terms and
conditions set forth herein.
WITNESSETH:
NOW 1N CONSIDERATION of Ten Dollars(S 10.00)each to the other paid and the receipt
of which is hereby acknowlc:ged and other good and valuable consideration, Grantor hereby
grants and conveys unto the Grantee, their heirs, successors and/or assigns which shall come into
title, as set forth more fully in Exhibit C, for the purpose of placement, installation, maintenance,
repair, inspection and replacement of underground utility lines, and the Grantee, their heirs,
successors and/or assigns, agrees to restore the area to its original condition after installation,
maintenance, repair, inspection of utility lines, over the premises more particularly described in
Exhibit A. The cost of installation, maintenance, and repair of said utility lines and to restore the
area, including restoration of any plantings and landscape features which may become disturbed,
shall be borne solely by the party of the second part, their heirs, successors and/or assigns. It is
understood by the Grantee that any replacement of plants will be a comparable replacement.
In the event PSEG or any other utility company needs to renew and/or repair the utility
meter on Grantee's property,the parties agree that access will be through Grantee's property.
The Grantor, its successors and assigns, retains unto itself all rights to fully enjoy its
aforedescribed premises except for the purposes herein granted to the Grantee.
This Agreement shall have a unlimited duration commencing on the Effective Date and
shall be binding upon the parties, their successors, heirs, and assigns, and it may not be altered,
amended, except in writing executed by the parties, their successors, heirs, or assigns; provided,
however, that Grantor may terminate this Agreement on a date specified by Grantor (the
"Termination Date") upon sixty (60) days prior written notice to Grantee, their heirs, successors
and/or assigns. Notice shall be provided by certified mail to the address for Grantee on file with
the Town of Southold's Tax Assessor's office on the date the notice is given.
This Agreement shall be construed in all respects according to the laws of the State of New
York.
Each of the parties acknowledges that such party had the right and opportunity to seek
independent legal counsel of such party's own choosing in connection with the execution of this
Agreement, and each of the parties represents that such party has either done so or that such party
has voluntarily declined to do so, free from coercion, duress or fraud.
2
IN WITNESS WHERFOF,the parties have executed this Agreement as of the day and year
first above written.
SOUTH DYER LIMITED LIABILITY COMPANY
By:
J Tuthill, President
AW FRAME LLC
By:
Jeffrcy JacoAR, Chief financialOfficer
4
3
ACKNOWLEDGMENTS OF SIGNATURES REQUIRED
STATE OF NEW YORK �}
� S
COUNTY OF i J
On theday of ' in the year 2022, before me, the undersigned, personally appeared
d n ,dam 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
(s)he executed the same in his/her capacity, and that by his/her signature on the instrument, the
individual,or the person upon behalf of which the individual acted,executed the instrument.
TAREK M ELBARKATAWY
NOTARY PUBLIC-STATE OF NEW YORK
No.01 EL6413650 otary Public
Ouslifsed in New York County
My G4mrnission Expires 02-OS-2025
STATE OF NEW YORK- )
COUNTY OF Lo-f'
On the Z(6day o the year 2022, before me, the undersigned, personally appeared
Ct ovally known to me or proved to me on the basis of satisfactory evidence to
�be the indi idual whose name is subscribed to the within instrument and acknowledged to me that
(s)he executed the same in his/her capacity, and that by his/her signature on the instrument, the
individual,or the person upon behalf of which the individual acted,executed the instrument.
ce Q-
Notary Public
A NOTARY P11N41C OR OI'HLR pEF10ER COMPLi7WO TH16 CERTIFICATE vOtWdM ONLY TME
IOE71T17Y OF'TIIE lNOIVIOUAL VINO SNiMFQ 711£OOCUMLNT TO WHICH THIS CEq"RCATE IS
ATTALIQ➢.AMO MOT TME TiYUTN►ULNESS_ACCURACY OR VALIDITY OF THAT OOCUMEHT•W.-.^_•_
STATE OF CAwoANIA
COIINTV O Loa ANcnm
202 OIFURTMF,y.6OLOQBY,NMARYPIAIM. S. GOLOSBY
N 0
DER&ONALIY APPEARm�.. • COMM.2356667
vow MOVED VO ha ON TH AA'V OF BATISi c Y EvIDENCf TO OE TME PEFSO71(8)tYN09E �
N,YFE.1{!IS t ARE SUaSCRIQE9 T9 THE w[T1iIN IN RVLIENT AND ACKNOWLCDGED TO ME THAT Y NOTYIAY PUBLIC-CJ1t1FORNGi (A
T7iEV fUCUTEO tNE GAME IN M/7.N I TNT1R AUTHORIZED CAPACITY(1E&),AMC I
THAV IRV NIM i MEA!THEIR WNATUREM ON 7 STRUMLNT THE PERSONVOI.OR TIIE ENTITY Y �$J�'(�0�1, 5� �
Up"&EHA►P Or M4IC$f THE PERRMSJ ACTED.ExECUM TYLE INSTRUMOM. ,.....� My O),EOM May 7,2025
T OEAisT INTpETI PENALTY OF PERJURY UNDER THE LAWS or THE&TATE Oi CALWOPTIIA THAT
THE iOREOORiO KARA T CORAEC 1.twTNEtiS IAV MAYO AND OFi1CU1i KAL•
4 .
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Title No. 3020-813493
EXH )BIT
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING AT ORIENT, TOWN OF
SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY SIDE OF SKIPPERS LANE (ALSO KNOWN AS STATE STREET)
DISTANT 227.13 FEET WESTERLY FPOM THE CORNER FORMED BY THE INTERSECTION OF THE NORTHERLY
SIDE OF SKIPPERS LANE (ALSO KNOWN AS STATE STREET)AND THE WESTERLY SIDE OF OYSTERPONDS
LANE;
RUNNING THENCE ALONG THE NORTHERLY SIDE OF SKIPPERS LANE (ALSO KNOWN AS STATE STREET) AND
CONTINUING ALONG THE LANDS NOW OR FORMERLY OF MARY JANE KICKS NORTH 639 59'50' WEST 323.04
FEET TO A POINT;
THENCE ALONG LANDS NOW OR FORMERLY OF JOHN B.TUTHILL FAMILY LIMITED PARTNERSHIP NORTH 340
09'00" EAST 194.29 FEET TO A POINT;
THENCE STILL ALONG LANDS NOW OR FORMERLY OF JOHN B. TUTHILL FAMILY LIMITED PARTNERSHIP SOUTH
55° 36' 10' EAST 316.18 FEET TO A POINT;
THENCE ALONG LANDS NOW OR FORMERLY OF MINA MERLE VAN CLEEF SOUTH 32°44'50'WEST 147.19 FEET ,
TO THE NORTHERLY SIDE OF SKIPPERS LANE (ALSO KNOWN AS STATE STREET) 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 the
premises, which by law constitute real property.
FOR 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 promises.
L
4
Legal Dcscriptign for the landof I n B.Tuth�I1: �Y lk
�[Lywn a Sac�^�d��'o►sn#c�o ,
Commencing at the point of intcrsection formed by the southerly side of Main Rbad
(State'Road'25) and tire; westerly side of a private road otherwise known as "Rackett's Court"
said point also being 324 feet from the corner of Main Road (State Road 25) and the westerly
side of Oysterponds Lane said point also being the northeast comer of the land of John B.Tuthill
and running thence front said point or place of Beginning; South 32 dcgrccs 34'40" West, along
the westerly side of Rackett's Court a distance of 435A0 feet to the sou°lhwesterly comer of
"Rackelt's Court"; thence South 54 degrees 2440" East along the southerly line of "Rackett's
Court" and the land of Bryant Tabor, a distance of 178.36 feet to a monument and the land of A.
& R. Abersmith; thence South 32 degrees 44'50" West along the land of'Abersmith, Dispenza,
Neilson, Newman and Van Cleef through a monument a distance of 443.28 feet to the northeast
corner of the land of H-nirietta Rackets; thence along the land of Rackett North 55 degrees 3VI0"
West, a distance of 316,10 feet to a point; thence South 34 degrees 09'00" West, along said land
also along the land of M.:,y lane Hicks a distance of 353.40 feet to a point adjacent to the comer
of a concrete seawall and the waters of a tidal creek fed from Orient Harbor; thence South 89
degrees 07'I F West, a distance of 319.55 feet to the average high water mark of Orient Harbor;
thence along the average high water mark of Orient Harbor North 57 degrees 01'53" West, a
distance of 585.13 feet to the land of Van Clecf thence along the land of Van Cleef and through a
post North 20 degrees 16'40" East, a distance of 1252.83 feet to the southerly line of Main Road
(Stale Road 25); thence the following eight courses and distances along the southerly side of
Marin Road (State Road 25) South 30 degrees 44'40" East, a distance of 257.40 feet;thence South
76 degrees 14'20" East, a distance of 142.53 feet; thence South 66 degrees 3:.'40" East, a distance
of 104,15 feet; thence South 61 degrees 42'30" East, a distance of 118.64 feet; thence South 59
degrees 50'00" East,a'di,'ance of 251.94 feet; thence South 56 degrees 22'50" East, a distance of
190.57 feet; thence Souti, 55 degrees 2600" East, a distance of 178.91 feet; thence South 54
degrees 30'00" East, a distance of 59.40 feet to the westerly line of Rackett's Court and to the
Point or place of Beginning. Containing 35.92 ACRES.
Being and intended to be part of the same premises as devised to Grantor under the LWT
of Julia B.Tuthill who died Tcstale on October 4, 1966 (1503 P 66).
EXHIBIT C
Easement Property Description
r
�y
7
November 30, 2021
BRIAN TUTHILL
At Orient,Town of Southold
Suffolk County,State of New York
Surveyor's Description - Electric Easement
ALL that certain plot,piece,or parcel of land with the buildings and improvements
thereon erected,situate,ly:cg and being at Orient,Town of Southold,County of Suffolk
and State of New York,bei?,-Aed and described as follows:
BEGINNING at a point on the northerly side of State Street(Skippers Lane),said point
being situate North 63 deg. 59 min.50 sec.West as measured along the northerly side of
State Street(Slippers Lane)352.53 feet from the westerly side of Oysterponds Lane;
RUNNING thence from said point of beginning North 63 deg. 59 min.50 see.West
along the northerly side of State Street(Skippers Lane)and along land now or formerly
Stephen K Wagner&Charlotte Wagner 197.64 feet to land now or formerly South Dyer
Limited Liability Co.;
RUNNING thence North;;4 deg. og min. oo sec. East along land now of formerly South
Dyer Limited Liability Co.-�—10 feet to a point;
RUNNING thence throughland now or formerly AW Frame, LLC the following two(2)
courses and distances:
1. South 63 deg. 59 min. 50 sec. East 196.21 feet,
2. South 26 deg. oo min. to sec.West 10.0o feet to the point or place of
Beginning.
EXHIBIT D
Survey
S
To
VEY
�7109 OF
NEW
OSE AND ARI I
IlI VNAUTFIp¢]xE0 ALTERATION
RUN ONLY TO TIS rERSSOON FOR 1f1,9W TK SSL"V ISA��REG AND ON S BEH�iF+TO THE Tu STATE
LOM�Nv.60YERNME TAL A6ENCY AND LENDN{L+STITUTIONUSTED HEREON TAND TO"BSMG"SOF THE LEMWNG INSTITUTION.QNTIF14,
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'O OPE USED TO ESTAIL.ISH PROPERTY LUES OR foo ETEMON OF FENCES rl)COPIES OF TMS SLMV MM NOT DEARIAK THE LAND SMVEYOR'S INKED SEAL OR EMBOSSED SEAL SMALL NOT SE CONSIDEREO TO RE A VALID TRUE COPY(I)aRTTF7CATIOY Ug1CATED PERSON SHALL
JS ARE NOT TRANSFERABLE TO ADOMONAL INSTITUTIONS OR SUBSEQUENT OWNERS(S)THE LOCATION OF WELLS WL SEPTIC TANKS IM i CESSPOOLS(o)SHOWN HEREON ARE FROM FIELD ORWAYAT)ONS AND OR DATA O{TAINEb FROM OTHERS.
400 Ostrander Avenue,Riverhead,Nor York 111401
tel.651.72'fZ503 fax.651.-727.0144
odminmyount"Ineer"com
Howard K Young,Land 5(Irvogor
Thomas G.Wolpert,Professional Engineer
A/1
Douglas E.Adams,Frafesslonal ErPgheer
0WRobert G Tast,Archltect
�JJ Robert 5tromskl,Aechlteat
� ey
CO S
\ ' SURVEYOR'S CERTIFICATION
S d 9"
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HOWARD W.YOUNG.N.Y.S.L.S.NO,458
MAP PREPARED FOR
v BRIAN TUTHILL
at Orient, Town of 5outhold
Suffolk County,New York
Q ELECTRIC EASEMENT
County Tau Map D 6.1 1000 s-ti. 24 Mack 01 Lai P/O 10
92 .
MAP PREPARED NOV.29,2021
P
FRS�q� REVISION Record of Revisions DATE
F�
40 0 20 40 80
Scale: 1"= 40'
JOB NO.2021-0285
DWG.2021 0285 ease l OF 1