HomeMy WebLinkAboutL 13182 P 607 11111111 IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
1111111 Illll VIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: RIGHT OF WAY AGREEMENT Recorded: 12/20/2022
Number of Pages: 15 At: 03:54: 46 PM
Receipt Number : 22-0170451
TRANSFER TAX NUMBER: 22-12276 LIBER: D00013182
PAGE : 607
District: Section: Block: Lot:
1000 056. 00 06. 00 003 . 004
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 .00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $75.00 NO Handling $20 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
TP-584 $10. 00 NO Notation $0 . 50 NO
Cert-Copies $9. 75 NO RPT $600 . 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $735.25
TRANSFER TAX NUMBER: 22-12276
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
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1 RECORDED
Number of pages II 2022 Dec 20 03:54,46 Pig
JUDITH A. PASCALE
CLERK OF
SUFFOLK iOUHTV
This document will be public L D00013I"2
record. Please remove all P 1501
Social Security Numbers DT# 22-12276
prior to recording.
Deed/Mortgage Instrument Deed I Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee Mortgage Amt.
1. Basic Tax
Handling 20. 00 2. Additional Tax _
P-584 ` 10 — Sub Total
Notation � Spec.lAssit.
or
EA-52 17(County) Sub Total Spec./Add.
EA=52-17-(State) TOT.MTG,TAX
R.P.T.S.A.� 00 . 0 0 Dual Town Dual County_
Held for Appointment
Comm.of Ed. 5. QO Transfer Tax
Affidavit ���� Mansion Tax
d Q� The property covered by this mortgage is
Y Certified Copy 9 � or will be improved by a one or two
NYS Surcharge 15. 00 �5 family dwelling only.
Sub Total YES or NO
Other 2 �
Grand Tota] 3�'a6 If NO,see appropriate tax clause on
(hMIV page# of this instrument.
(Q_15-99,
4 Dist.1pO$ Section0s`0'"0 Block o Lot�O `'°Oa 5 Communit Preservation Fund
Its o 0o i5. oou Y
pFop. -
Real Prop C nsideration Amount$.19
Tax Scry cout
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Agency cEo `: l�7122 'CPF Du� $-V
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: q Vacant Land
TD
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/o ao �'�,,� �'� TD
�DO711"0L> /-\j 1I97 TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name t/0C'i9r,ES Q Si,P/IlT ;,JG
www.suffolkcountyny.gov/clerk 'S
Title# G1 T /
8 Suffolk County Recording & Endorsement Pagge
This page forms part of the attached Y /-P I made by:
(SPECIFY TYPE OF INSTRUMENT)
Gzz' The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of
n1 � �/j p�nJp �i��. In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
,z.oia_ioroatk
(over) (—
1 �
EXTINGUISHMENT AND RELOCATION OF RIGHTS
OVER RIGHT OF WAY
AGREEMENT made on V�day of W. ' 2022, between 61600 MAIN ROAD LLC,
with offices located at 61205 Main Road, Southold,NY 11971 as party of the first part AND
BUDD'S POND MARINA, INC., with offices located at Main Road, Southold, NY 11971, as
party of the second part;
WHEREAS the party of the first part is owner in fee simple of parcel of land, located
61600 Main Road, Southold, New York 11971 and further designated as sctm: 1000-56-6-3.4 ,
hereinafter referred to as Parcel 1, and more fully described in Schedule A attached hereto, and
WHEREAS the party of the second part, as owner in fee simple of the parcel of land
located 61500 Main and 61405 Main Road, Southold,New York and further designated as Sam:
1000-56-6-2.2 and 1000-56-4-15 hereinafter referred to as Parcel 2, and more fully described in
Schedule B attached hereto, and
WHEREAS the parties mutually agree to extinguish all rights, title and interest in the
right of way described in Liber 9120 page 75 and relocate said right of way as shown on
Schedule C attached hereto, and
WHEREAS the party of the first part intends to grant an easement to the party of the
second part to the newly created right of way as more fully shown on attached map prepared by
Peconic Surveyors PC, last dated August 3, 2021 and attached hereto as Exhibit A.
WITNESSETH:
NOW IN CONSIDERATION OF ($10.00 ) each and to the other paid and the receipt of
which is hereby acknowledged and other good and valuable consideration the party of the first
part hereby grants and conveys unto the party of the second part, its heirs, successors and/or
assigns which shall come into title to said Parcel 2, a permanent and perpetual easement that runs
with the land, as described more fully in Schedule D, to allow for vehicular ingress and egress.
, t
The party of the first part, its successors and/or assigns, retain unto themselves all rights to
fully enjoy its aforedescribed easement for all purposes.
The aforementioned Easement contained herein shall be enforceable by the party of the
first part, by injunctive relief or by any other remedy in equity or at law. The failure of any party
to enforce the same shall not be deemed to affect the validity of this easement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day
and year first above written.
61600 MAIN ROAD LLC BUDUS POND MARINA INC
BY: BY: fila
OSEPH GENTILE, member KATHRYN WITZKE
[acknowledgment on following page]
State of New York )
ss:
County of�kw=
On this 0 day ofl�nd ' , 2022, before, the undersigned, personally appeared JOSEPH
GENTILE, 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), r the person upon be a of which the
individual(s) acted, executed the instrument.
Not P blic V1
BETSYA.PERKINS
Notary Public,State of New York
No. 01 PE6130636
Qualified in Suffolk Count
Commission Expires July 18, 5
State of New York)
C' ' ss:
County of�UIFR-
On this t�>day dy ' , 2022, before, the undersigned, personally appeared
KATHRYN WITZKE, 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 up n behalf of which
the individual(s) acted, executed the instrumen
docA
otary Public
BETSYA.PERKINS
Notary Public,State of New York
No.01PE6130636
Oualified in Suffolk Coun
Commission Expires July'
SCHEDULE A
ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New
York, more particularly bounded and described as follows:
BEGINNING AT A PONT ON THE SOUTHEASTERLY SIDE OF MAIN ROAD(S,R. 2S) D19ANT 48.92 FEET
WESTERLY AS MEASURED ALONG THE SOUTHEASTERLY SIDE OF MAIN ROAD(S.R. 25) FROM THE CORNER
FORMED BY THE INTERSECTION OF THE SOUTHEASTERLY SIDE OF MAIN ROAD (S.R. 25)WITH THE
SOUTHERLY SIDE OF OLD MAIN ROAD; _
RUNNING THENCE SOUTH 190 41'00"EAST 459.81 FEET TO A BULKHEAD ALONG BUDIXS FOND;
THENCE THE FOLLOWING 3 COURSES AND DISTANCES ALONG A BULKHEAD ALONG BUDD'S POND:
(1)SOUTH 70°41' 15"WEST 94.75 FEET;
(2)NORTH 170 25' 20"WEST 98.73 FEET;
(3)SOUTH 710 20'30"WEST 55.80 FEET;
THENCE SOUTH 410 10' 15"WEST ALONG A TIE LINE ALONG BUDD'S POND 32.94 FEET;
THENCE NORTH 230 30'00"WEST 43.25 FEET;
THENCE NORTH 210 35'00"WEST 118.00 FEET
THENCE NORTH 270 51' 20"WEST 195.25 FEET TO THE SOUTHERLY SIDE OF MAIN ROAD(S.R. 25);
THENCE NORTH 58° 31'00" EAST ALONG THE SOUTHEASTERLY SIDE OF MAIN ROAD(S.R. 25) 133.28 FEET;
THENCE NORTH 680 31'0(r EAST STILL ALONG THE SOUTHEASTERLY SIDE OF MAIN ROAD(S.R. 25)89.68
FEET TO THE POINT OR PLACE OF BEGINNING.
3;Y
SCHEDULE B
ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected,
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 concrete monument on the northerly line of Main Road,at the southwesterly corner of
land now or formerly of Burroughs, said point also being the southwesterly corner of Lot 1, in a
subdivision owned by C.L. Sanford Company Inc., filed in the Suffolk County Clerk's Office as Map
Number 539, from said point of beginning:
Running thence along said northerly like of Main Road, South 58 degrees 31 minutes 00 seconds West
200.00 feet;
Running thence along the land now or formerly of Robert Land, Jr.,North 24 degrees 47 minutes 50
seconds West 226.51 feet to the southerly line of Long Island Railroad Company;
Thence along said land of the Long Island Railroad Company,North 69 degrees 04 minutes 20 seconds
East 199.09 feet to a concrete monument and said land nor or formerly of Burroughs;
Thence along said land now or formerly of Burroughs South 24 degrees 47 minutes 50 seconds East
189.78 feet to the point or place of beginning.
IS
SCHEDULE B,CONTINUED (as to tax lot 15)
ALL that certain plot, piece,or parcel of land, with the buildings and improvements thereon erected,
situated, lying and being in the Town of Southold, County of Suffolk, State of New York, being more
particularly described as follows:
BEGINNING at a point on the southerly side of Main State Road at the northeast corner of the herein
described premises where the same is intersected by the westerly side of land now or formerly of Morris;
I
Running thence from said point or place of beginning along land now or formerly of Morris, the
following three(3)courses and distances:
1) South 27 degrees 51 minutes 20 seconds East I96.25 feet;
2) South 21 degrees 35 minutes 00 seconds East 118.0 feet;
3) South 23 degrees 30 minutes 00 seconds East 72.95 feet to the mean high-water mark of Budd's
Pond;
Thence along the mean highwater mark of Budd's Pond along a tie line South 89 degrees 44 minutes 50
seconds West 269.31 feet to land now or formerly of Booth;
Thence along said last mentioned land North 19 degrees 41 minutes 00 seconds West 250 feet to the
southerly side of Main State Road; and
Thence along the southerly side of Main State Road,North 58 degrees 31 minutes 00 seconds East 222
feet to the point or place of BEGINNING.
2. Z
SCHEDULE C
Together with a right of way easement thirty feet in width over and across the premises of the
party of the first part; to be used for vehicular ingress and egress from Main State Road to the
southerly portion of the premises herein conveyed to the party of the second part, said easement
being more particularly as follows:
Beginning at a point on the southerly line of Main State Road, said point being the following two
courses and distances from the north-westerly corner of land of party of the first part and the
north-easterly corner of land herein conveyed to party of the second part:
1. North 58 degrees 31 minutes 00 seconds East 133.28 feet;
2. North 68 degrees 31 minutes 00 seconds East 12.0 feet to the point of beginning, and the
westerly line of said 30.0 easement;
running thence through land of party of the first part the following two courses and distances:
1. South 19 degrees 41 minutes East 300.0 feet;
2. South 40 degrees 19 minutes West 130.0 feet, more or less, to said southerly portion of
the second part;
the easterly and southeasterly lines of said easement being 30.0 feet easterly and southeasterly
from the above-described line.
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SCHEDULE D
All that certain plot, piece or parcel of land,with buildings and improvements thereon erected,
lying and being at Southold, Town of Southold,County of Suffolk,State of New York, being
more particularly bounded and described as follows:
BEGINNING at a point on the Southerly line of Main Road (N.Y.S. Route 25) distant 5.00 feet
Easterly from the intersection formed by the Easterly line of lands now or formerly of Budd's
Pond Marina Inc.with the Southerly line of Main Road (N.Y.S. Route 25);
RUNNING THENCE from said Point and Place of Beginning North 58 degrees 31 minutes 00
seconds East a distance of 30.06 feet to a point and the Easterly line of the 30 foot Right of Way.-
THENCE
ay;THENCE along the Easterly line of said 30 foot Right of Way the following (3) courses and
distances;
1) South 27 degrees 51 minutes 20 seconds East a distance of 143.00 feet to a point;
2) South 76 degrees 51 minutes 20 seconds East a distance of 65.50 feet to a point;
3) South 18 degrees 41 minutes 30 seconds East a distance of 125.00 feet to a point;
THENCE South 20 degrees 18 minutes 30 seconds West a distance of 48.10 feet to a point and
the mean high water mark of Budd's Pond;
THENCE along the mean high water mark of Budd's Pond South 68 degrees 25 minutes 00
seconds West a distance of 43.44 feet to a point and the Easterly line of lands now or formerly of
Budd's Pond Marina Inc.;
THENCE North 23 degrees 30 minutes 00 seconds West a distance of 21.01 feet to a point.
THENCE North 21 degrees 35 minutes 00 seconds West a distance of 9.00 feet to a point and the
Northerly line of said Right of Way;
THENCE along the Westerly line of said Right of Way the following(5) courses and distances;
1) North 68 degrees 25 minutes 00 seconds East a distance of 30.74 feet to a point;
2) North 20 degrees 18 minutes 30 seconds East a distance of 24.09 feet to a point,
3) North 18 degrees 41 minutes 30 seconds West a distance of 97.69 feet to a point;
4) North 76 degrees 51 minutes 20 seconds West a distance of 62.49 feet to a point;
5) North 27 degrees 51 minutes 20 seconds West a distance of 154.77 feet to the Southerly
line of Main Road (S.R. 25) and the Point and Place of Beginning.