HomeMy WebLinkAboutL 13254 P 354 Illllll Illl IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 07/02/2024
Number of Pages: 8 At: 11 :07 :35 AM
Receipt Number : 24-0082373
TRANSFER TAX NUMBER: 23--35076 LIBER: - D00013254
PAGE : 354
District: Section: Block: Lot:
1000 120 . 00 03 . 00 011 . 013
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: ". ee g5,r73_0z
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 $400 . 00 NO
Transfer tax $0 . 00 NO Comm. Pres $0 .00 NO
Comm. Pres Fund $0 . 00 NO Comm.Housing Fund $0 . 00 NO
Fees Paid $485 . 00
TRANSFER TAX NUMBER: 23--35076
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
VINCENT PULEO
County Clerk, Suffolk County
r
Number of pages
RECORDED
2724 Jul 02 11:0 ::t5 W1
This document will be public UINCE1T PULED
record. Please remove all CLEPY, OF
_UFFOLK COUNTY
Social Security Numbers L D00013254
prior to recording. F 3-54
D T# 23 z-,5o'S
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3_1 FEES
Page/Filing Fee Mortgage Amt.
1.Basic Tax
Handling 20. 00
2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
or
EA-5217(County) Sub Total Spec./Add.
EA-52W(State) TOT.MTG.TAX
Dual Town Dual County
R.P.T.S.A. Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Affidavit Mansion Tax
1.�'
Certified Co The property covered by this mortgage is
Copy or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total YES or NO
Other �/
Grand Total 0 15/ r If NO,see appropriate tax clause on
e# of this instrument.
- -a
4 Dist.1 5331312 5 Community Preservation Fund
Real Property RPM A Consideration Amount$
Tax Service ,� .
Agency IIIII IIIII IIIII IIIII CPF Tax Due $
.
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
Document Recording Services
PO BOX 3008 TD
Tallahassee, FL 32315
TD
TD
Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Namena
www.suffolkcountyny.gov/clerk
Title#na
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Easement and Conveyance Agreement made
by: (SPECIFY TYPE OF INSTRUMENT)
5645 aldrich lane llc The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of SOUTHOLD
Farm Credit Leasing Services In the VILLAGE
or HAMLET of mattituck
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLj�,CK INK ONLY PRIOR TO RECORDING OR FILING.
over
p T -S
R DTY A
Stat ID: 1 5331312 10-JUN 24
Tax Maps
District Secton Block Lot School District
1000 12000 0300 011013
1000 12000 0300 011014
[The space above this line is reserved for recording information]
Recording requested by and document prepared by: Return to:
Tiffay Scott Document Recording Services
800-444-2929 P.O.Box 3008
Tallahassee,FL 32315-3008
Farm Credit Leasing Services Corporation
1665 Utica Ave S,Suite 400 REF294444754A
Minneapolis,MN 55416
REF280673244A
EASEMENT AND CONVEYANCE AGREEMENT
THIS EASEMENT AND CONVEYANCE AGREEMENT ("Agreement") is entered into as of March
26, 2024, by and among 5645 ALDRICH LANE LLC, (Individually and if more than one, collectively,
"Grantor" 5645 Aldrich Lane Laurel, NY 11948), in favor of FARM CREDIT LEASING
SERVICES CORPORATION ("Grantee" 1665 Utica Ave. South Suite 400, Minneapolis, MN 55416).
Grantor is the owner of certain improvements and equipment described on Exhibit A hereto ("Facility").
The Facility is located on, but is not a part of, certain land more particularly described on Exhibit 8 attached
hereto("Land").
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,and with the intent to be legally bound,the parties agree as follows:
1. Easement. Grantor, for itself and its successors, purchasers, heirs and assigns, hereby grants to
Grantee and its representatives, designees, agents, successors, purchasers and assigns, a perpetual and permanent
easement ("Easement") over, on, across, under, along and through the Land for the benefit, continued use,
possession and enjoyment of the Facility by Grantee, including but not`limited to: (a) pedestrian and vehicular
ingress, egress and regress between the Facility and adjacent public roads; (b)use of wells and water pipes for the
benefit of the Facility; (c) access to, and the installation, maintenance, repair, replacement and removal of utilities
benefiting the Facility; (d) the construction, operation, maintenance, inspection, marketing and/or removal of the
Facility; (e) use of the Property underneath and adjacent to the Facility for support and drainage; and (f) any other
use reasonably necessary for any of the foregoing. The Easement will be exclusive with respect to the uses described
in clauses(d)and(e)above,and will be non-exclusive for all other purposes.
2. Covenants Run with Land The Easement and rights granted pursuant to this Agreement are
permanent,perpetual, and benefit and are appurtenant to the Facility, and the burdens and benefits thereof will run
with title to the Land and the Facility,respectively.
3. Conveyance of Facility. Grantor hereby grants, bargains, sells and conveys to Grantee and its
successors,purchasers and assigns, title and ownership of and to the Facility, together with improvements, facilities
and all appurtenant installations which constitute a part thereof.
4. Representations. Except to the extent otherwise disclosed in writing by Grantor to Grantee prior to
execution of this Agreement, Grantor represents and warrants that (a) no person or entity has been granted any
rights, title and/or interest in or to all or any portion of the Facility, or has encumbered all or any portion of the
Facility, and (b) Grantor further represents, covenants and warrants that no person or entity has been granted any
interest in the Land that would interfere with the use of the Facility or the Easement granted hereby.
Emmett and Conveywce Apecment Contact Number.5027097-5011 Page I of 7
5. Reserved Rights. Subject to the rights granted to Grantee pursuant to this Agreement,Grantor reserves
to itself, its successors and assigns, all rights appurtenant to and accruing from ownership of the Land,to the extent
not inconsistent with Grantee's exercise of its rights hereunder.
6. Enforcement. Any costs incurred by the Grantee in enforcing the terms of this Agreement against
Grantor (including, without limitation attorneys' fees and costs, and any costs of restoration necessitated by
Grantor's violation of the terms of this Agreement) will be borne by Grantor. Enforcement of the terms of this
Agreement will be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this
Agreement in the event of any breach of any term of this Agreement by Grantor will not be deemed or construed to
be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Agreement or
of any of Grantee's rights under this Agreement. No delay or omission by Grantee in the exercise of any right or
remedy upon any breach by Grantor will impair such right or remedy or be construed as a waiver. Grantor hereby
waives any defense of laches,estoppel or prescription against Grantee's exercise of its rights hereunder.
7. Costs and Liabilities. Grantor retains all responsibilities and will bear all costs and liabilities of any
kind related to the ownership,operation,upkeep and maintenance of the Land. Grantor will pay before delinquency
all taxes,assessments,fees and charges of whatever description levied on or assessed against the Land by competent
authority(collectively, "Taxes"), including any Taxes imposed upon, or incurred as a result of, this Agreement and
will furnish Grantee with satisfactory evidence of payment upon request. Grantee is authorized (but not obligated)
upon three days'prior written notice to Grantor,to pay on Grantor's behalf any unpaid Taxes in accordance with any
bill,statement or estimate procured from the appropriate authority(and without inquiry into the validity or accuracy
thereof). Grantor will reimburse Grantee, upon demand, for all amounts so paid by Grantee, plus interest accruing
thereon from the date originally paid by Grantor to the date such reimbursement occurs,at a per annum rate equal to
the lesser of(a) 5%plus the then-current prime rate (as set forth in The Wall Street Journal), or(b) the maximum
rate permitted by applicable law.
8. Hold Harmless Grantor will hold harmless, indemnify and defend Grantee and its members,directors,
officers,employees,agents and contractors and the heirs,personal representatives,successors and assigns of each of
them(collectively "indemnified Parties" from and against all liabilities,penalties, costs, losses, damages, expenses,
causes of action,claims,demands or judgment,including,without limitation,reasonable attorneys'fees,arising from
or in any way connected with: (a)injury to or the death of any person or physical damage to any property,resulting
from any act,omission, condition or other matter related to or occurring on or about the Land, regardless of cause,
unless due solely to the gross negligence of any of the Indemnified Parties; (b) the obligation to pay Taxes; and(c)
the existence or administration of this Agreement. Grantor's obligations under this Section will survive termination
of this Agreement.
9. Intention of the Parties The Facility is and will remain real property and the ownership of the Facility
by Grantee will not constitute a severance or the transformation of the Facility to personalty.
10. Termination. Except to the extent otherwise provided herein,the parry's rights and obligations under
this Agreement will continue through the useful life of the Facility,until Lessee takes title to the Facility pursuant to
this Lease Agreement(and neither Lessor nor any of its successors or assigns retain any interest in the Facility),or
Lessor(or its successors or assigns)completely removes the Facility from the Premises.
11. General. If any provision of this Agreement, or the application therefore to any person or
circumstance, is found to be invalid, the remainder of the provisions of this Agreement, or the application of such
provision to other persons or circumstances, will not be affected thereby. This Agreement sets forth the entire
agreement of the parties with respect to the Agreement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Agreement, all of which are merged herein. No modification or
amendment to Agreement will be valid or binding unless contained in an amendment duly executed by all parties
hereto.Nothing contained in this Agreement will result in a forfeiture or reversion of Grantor's title in any respect.
This Agreement will be binding upon, and inure to the benefit of, the parties hereto and their respective personal
representatives, heirs, successors and assigns. The captions in this Agreement have been inserted solely for
convenience of reference and are not a part of this Agreement and will have no effect upon construction or
interpretation.This Agreement may be executed in counterparts,each of which shall constitute an original,but all of
which when taken together shall constitute a single contract. Execution and delivery of a counterpart of this
Agreement by facsimile, email or other electronic method will be as effective as manual execution and delivery of
the original.Without giving effect to the principles of conflict of laws,this Agreement and the rights and obligations
of the parties hereunder will be governed by the Laws of the state in which the Facility is located, except to the
extent governed by federal law.
F.atemw and Conveyance Agrament Con"ace Nmber.5027097-5011 Pap 2 of 7
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed and its name to be
affixed hereto as of the day and year fast above written.
GRAN DRICA LANE LLC ' r�r � �/ J L� 1 Zy ao o"4
Ntwu nd.
GRANTEE: FARM CREDIT LEASING SERVICES CORPORATION
By:
.a !�-�0v. - pl_. •I bpi i-Vt U,5
Si Nre N e T e
1
Fatem t and Conveyance Agrecmoi Canwwt Number.SM7087-50I k Page 3 of 7
Notary Acknowledgement
State of New York )
)ss.
County of Su;*'0X ' )
On thq S+ day of Q �.. ,in the year 2024,before me personally came
e to me known,who,being by me duly sworn,did depose
and say that he/she/they reside(s)in (if the place of
residence is in a city,include the street and street number,if any,thereof);that he/she/they is(are)the
dff%}- (president or other officer or director or attorney in
fact auly appointed)of the 5645 ALDRICH LANE LLC(name of limited liability company),the limited liability
company described in and which executed the above instrument;and that he/she/they signed his/her/their name(s)thereto
by authority of the board of directors of said corporation.
_Ua JZ 13 A
NOTAR PUSLI /�
Printed Name: � e. A
My Commission Expires:-nkd=C-j
DAYLA ELIZABETH ALVARADO
Notary Public-State of New York
NO. 01AL6441906
Qualified in Suffolk County
My Comm3sion Expires Oct 3, Z026
Frsenxm AM Co vcy^^-Ag--t Cmt act Number:5027097-5011 Page 4 of 7
Notary Acknowledgement
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
On the day of in the year 207r, before me, the undersigned,
personally appeared AT !► rn , Lead—Leasing Delivery Services of Farm
Credit Leasing Service Corp ration, 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 he/she executed the same in his/her capacity,that by his/her signature
on the instrument,the individual,or the person upon behalf of which the individual acted,executed
the instrument, and that such individual made such appearance before the undersigned in the
City of Minneapolis, County of Hennepin,and State of Minnesota.
"a. MATTHEWALLENBRE NOTARY PUBLIC
Notary Public-Minnesota //�
MyCommisslonExpires Jan.37.2028 Printed Name: k/ a P�
n h Pr
My Commission Expires:
Easement and Conveyance Agreement Contract Number.5027087-501] Page 5 0(7
EXHIBIT A
Description of Facility
The Facility will include the facility described below,and all repairs,additions,accessories,enhancements,
substitutions,replacements and accessions incorporated into or attached to the Facility,whether or not furnished by
a Vendor(as defined in the Lease)now or in the future,all of which will be subject to the terms of the Lease as if
originally leased hereunder and will automatically become Lessor's property free of all liens and encumbrances and
without any additional compensation or consideration of any kind paid to or otherwise benefiting Lessor,
Description of the Facility:
One(1)2024 Westbrook Greenhouse Systems Greenhouse together with all fixtures,attachments,
components and accessories.
F�aaemeat and Conveyance Agreement Contract Number..S027087-5011 Page 6 of 7
Exhibit B
Legal Description of Land
The following property in the County of Suffolk,State of NY: _
Parcel M:011.013&011.014
PARCEL 1; DISTRICT;10001 SECTION:120.001 BLOCK:03,001 LOT(S);
011.013 8 011.014
ALL that cerWrr plot.piece or parcel of land,Gituate,tying and being in the
Ilamlet of tvlattituc<.Town of Southold.County of Suffolk and Stave of New York,
bounded and destrihed as follows:
BEGINNING at a point on the wewerly side of A d;ich Lane,said paint being
distant 1830-77 feet southerly,as measured along the vresledy side of Aldrich
Lane,from the corner formed by the intersection of the southerly side of Sound
Avenue and the weslerfy side of Aldrich Laren;
RUNNING THENCE along the westerly side of Aldrich lane,South 18 degrees
25 mir;utea 20 seconds East,200-001010 to land now or formerly of Anne
Corwin;
THENCE along said last mentioned land,the fodlrnving hvo(2)ocurses and
distances:
(1)South 78 degrees 28 minutes 40 seconds West,282.40leo1;
(2)South 79 degrees 34 minutes 00 seconds West,279.81 feat;
THENCE slill along land now or formerly of Corwn and along land now or
formerly of Wilfiam Nedeszytko and Barbara Rychwalski,Soulh 19 dtfgrM 43
Minutes 00 seconds East,659-71 feet to a monument;
THENCE still along land now or formerly of Wiliam Nedos"o and Barbara
Rychwalski and along land nvw or formerly of Joseph Lebkuecher.Jr.,South 20
degrees 02 minutes 40 seconds East,940.64 feet to a monurent;
THENCE still land now or formorty of Joseph Lebkuecher,Jr,the fallowing five
(5)courses and distanoes:
0)South 77 degrees 50 minutes 40 seconds West,178.78 feet to a monument;
(2)South 76 degrees 31 minutes 10 seconds West,297.80 feet to a monument;
(3)Saulh 77 degrees 34 minutes 20 seconds West,130.34 feet to a monument;
(4)Sot.�ih 73 degrees 04 minutes 00 seconds West,366.IS foul to a momurne:nt:
(5)North 19 degrees 47 minutes 16 seconds West,1,269.83 feet to a monument
and land now or formerly of Big E Forme,Ire.;
THENCE along said fast mentioned land, North 19 degrees 45 minutes 00
seconds West, 388.21 feet to land now or formerly of Peter Harbes;
THENCE along said last mentioned land, North 71 degrees 31 minutes 30
seconds East, 1,523.20 feet to the westerly side of Aldrich Lane and the point or
place of BEGINNING.
Easement and Conveyance Agreement Contraet Number:5027097-501 I Page 7 ol`7