HomeMy WebLinkAboutL 13254 P 355 l l l l l l l l l l l l l l l l i l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l
I I I I I I I I I I I I I I I I l l l l l l l l l
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 07/02/2024
Number of Pages : 9 At: 11 : 07 :35 AM
Receipt Number : 24-0082373
TRANSFER TAX NUMBER: 23-35077 LIBER: D00013254
PAGE : 355
District: Section: Block: Lot:
1000 120. 00 03.00 011 . 013
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $45 .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 $490 . 00
TRANSFER TAX NUMBER: 23-35077
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
VINCENT PULEO
County Clerk, Suffolk County
It ':
oa
Number of pages F.EC&RDED
2024 jul 02 11:07:35 AM
UINCENT FULEO
This document will be public CLERK OF
_UFFOLY COUNTY
record. Please remove all L D000131-54
Social Security Numbers r^ 355
prior to recording. DT# 23-35077
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Mortgage Amt.
Page/Filing Fee lt51.Basic Tax
Handling 20. 00
2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
or
EA 52 17(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX
R.P.T.S•A. 400,cc ��10fVjy, Dual Town Dual County _
��lL Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Affidavit ' �a
Mansion Tax
The property covered by this mortgage is
Certified Copy ! or will be improved by a one or two
NYS Surcharge 15. 00 f no familydwelling only.
Sub Total / �/ YES or NO
Other Grand Total If NO,see appropriate tax clause on
(/��
page# of this instrument.
-'L O-
4 DISC. 2 5331323 5 Community Preservation Fund
Real Property RPM A �� ►�('l� Consideration Amount$
TaAgenciye ,ww}za 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
TO
TO
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 Agreement made
by: (SPECIFY TYPE OF INSTRUMENT)
5645 aldrich lane Ilc The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of SOUTHOLD
Farm Credit Leasing Services Corporation In the VILLAGE
or HAMLET of mattituck
BOXES 6THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
pT -S
y R DTY A
Stat ID: 5331313 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:
Joyce Friedges Document Recording Services
800-444-2929 PO.Box 3008
Tallahassee,FL 32315-3008
Farm Credit Leasing Services Corporation
1665 Utica Ave S,Suite 400 REF284431185A
Minneapolis,MN 55416 REF28%76478A
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT("Agreement")is entered into as of March 20,2024,by and among 5645
Aldrich Lane LLC. (individually and if more than one,collectively, "Grantor" 5645 Aldrich Ln,Laurel,NY 11948),
in favor of FARM CREDIT LEASING SERVICES CORPORATION ("Grantee" 1665 Utica Ave. South
Suite 400 Minneapolis, MN 55416). Grantee intends to acquire and have constructed and/or installed certain
improvements and equipment described on Exhibit A hereto ("Equipment").The Equipment is located at,but is not
a part of,certain land more particularly described on Exhibit B 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 Equipment by Grantee,including but not limited to: (a)pedestrian and vehicular ingress,egress and
regress between the Equipment and adjacent public roads, including in and through any buildings or other
improvements located on the Land;(b)access to,and the installation,maintenance,repair,replacement,disconnection
and removal of utilities benefiting the Equipment;(c)the construction,installation,operation,maintenance,inspection,
marketing and/or removal of the Equipment;and(d)any other use reasonably necessary for any of the foregoing.The
Easement will be non-exclusive.
2. Covenants Run with Land The Easement and rights granted pursuant to this Agreement are permanent,
perpetual,and benefit Grantee,and the burdens and benefits thereof will run with title to the Land.
3. Release. Grantor hereby releases and quitclaims unto Grantee any interest of any kind that it may have
or have obtained in the Equipment, including without limitation any components yet to be incorporated into the
Equipment.
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 Equipment,or has encumbered all or any portion of the Equipment,
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 Equipment or the Easement granted hereby.
Easement Agreement Document Generation Date: 03-20-2024 Contract Number: 5027087-5014 Page 1 of 8
5
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 grass 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 Equipment shall remain severed from the Land and the improvements thereon
and,even if deemed attached thereto, the Equipment shall retain its personal character, shall be removable from
the Land and improvements thereon, shall be treated as personal property with respect to the rights of the parties,
and shall not become a fixture or a part of the Land or improvements thereon. Title and ownership of the Equipment
shall remain with Grantee. The Equipment shall not be subject to the lien of any secured transaction or
instrument heretofore or hereafter arising against the Land or any other structure on which the Equipment is placed.
The Equipment may remain on the Land in any improvements thereon without charge for the duration of the lease
thereof from Grantee to Grantor (and/or other lessee(s), as applicable) (the "Lease"), and for a reasonable time
thereafter,in order that Grantee may remove the Equipment.
10. Termination.Except to the extent otherwise provided herein,the party's rights and obligations under this
Agreement will continue through the useful life of the Equipment,until Grantor(and/or other lessee(s), as applicable)
takes title to the Equipment pursuant to the Lease(and neither Grantee nor any of its successors or assigns retain any
interest in the Equipment),or Grantee(or its successors or assigns)completely removes the Equipment from the Land
and improvements thereon.
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
Easement Agreement Document Generation Date: 03-20-2024 Contract Number: 5027087-5014 Page 2 of 8
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. Delivery of an executed counterpart of this Agreement
by facsimile or email will be as effective as 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 Land is located,except to the extent governed by federal law.
Easement Agreement Document Generation Date: 03-20-2024 Contract Number: 5027087-5014 Page 3 of 8
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 first above written.
GRANTO 45 ch Lane LLC
Norman Keil Jr. Managing Member
Sljndrn N�+wR line
GRANTEE: FARM CREDIT LEASING SERVICES CORPORATION
BY•
s wr.s rule
Easement Agreement Document Generation Date: 03-20-2024 Contract Number: 5027087-50 k 4 Page 4 of 8
Notary Acknowledgment
State of New York )
)ss.
County of . )
On the S0' day of in the year 2024 before me,the undersigned,personally appeared
Norman Kcil Jr. Managing Member of 5645 Aldrich Lane,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 executed the same in his capacity,and that by his signature on the instrument,the
individual or the person upon behalf of which the individual acted,executed the instrument.
NOTARYOMLIC /�
Printed Name:�4j` E ikba�
My Commission Expires: I olcskaua
DAYLA ELIZABETH ALVARADO
Notary Public-State of New York
NO.01AL6441906
Qualified in Suffolk County
My Commission Expires Oct 3,2026
Easement Agreement Document Generation Date: 03-20-2024 Contract Number: 5027087-5014 Page 5 of 8
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
On the S day of rA , in the year 2024, before me, the undersigned,
personally appeared L zAd Lease Operations of
Farm Credit Leasing Service orporation,personally known tome or proved tome 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 ofwhich 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.
NOTARY PLIMC
Printed Name: Pr, n pr•
My Commission Expires:
MATTHEW ALLEN BRENN�R
Not Publlc•MEnnesota
mmwww E,*Jan 3t 2o28
Easement Agreement Document Generation Date: 03-20-2024 Contract Number: 5027087-5014 Page 6 of 8
• 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 wilt 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:
Six(6)2024 Westbrook Greenhouse Systems Greenhouses together with all fixtures,attachments,components and accessories
including but not limited to:Pro Series-Three(3)Navigator Walk Booms;One(1)Conveyor-Mounted to Boom;and One(1)Energy-
Shade System.
Easement Agreement Document Generation Date: 03-20-2024 Contract Number: 5027087-5014 Page 7 of 8
Exhibit B
Legal Description of Land
e following property in the County of Suffolk, State of NY:
PARCEL 1:DISTRICT: IOOO/SECTION: 120.00/BLOCK:03.00/LOT(S):0 11.0 13&0 11.0 14 ALL that certain plot,piece or parcel of
and,situate,lying and being in the Hamlet of Mattituck,Town of Southold,County of Suffolk and State of New York,bounded and
described as follows: BEGINNING at a point on the westerly side of Aldrich Lane,said point being distant 1830,77 feet southerly,as
measured along the westerly side of Aldrich Lane, from the comer formed by the intersection of the southerly side of Sound Avenue and
e westerly side of Aldrich Lane;RUNNING THENCE along the westerly side of Aldrich Lane, South 18 degrees 25 minutes 20
seconds East,200.00 feet to land now or formerly of Anna Corwin;THENCE along said last mentioned land,the following two(2)
nurses and distances: (1)South 78 degrees 28 minutes 40 seconds West,282.40 feet;(2)South 79 degrees 34 minutes 00 seconds West,
79.81 feet;THENCE still along land now or formerly of Corwin and along land now or formerly of William Nedoszytko and Barbara
ychwalski,South 19 degrees 43 minutes 00 seconds East,659.71 feet to a monument;THENCE still along land now or formerly of
William Nedoszytko and Barbara Rychwalski and along land now or formerly of Joseph Lebkuecher,Jr.,South 20 degrees 02 minutes
0 seconds East,940.64 feet to a monument;THENCE still land now or formerly of Joseph Lebkuecher,Jr,the following five(5)
nurses and distances;(1)South 77 degrees 50 minutes 40 seconds West, 176.78 feet to a monument;(2)South 76 degrees 31 minutes
10 seconds West,297.80 feet to a monument;(3)South 77 degrees 34 minutes 20 seconds West, 130.34 feet to a monument;(4)South
3 degrees 04 minutes 00 Seconds West,366.18 feet to a monument;(5)North 19 degrees 47 minutes 10 seconds West, 1,269.83 feet to
monument and an now or formerly of Big E Farms, Inc;Thence along said last 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
0 seconds East,1,523.20 feet to the westerly side of Aldrich Lane and the point or place of BEGINNING.
Easement Agreement Document Generation Date: 03-20-2024 Contract Number: 5027087-5014 Page 8 of 9