HomeMy WebLinkAboutL 13281 P 551 1 lllllll 1111 IIIII IIIII IIIII IIIII IIIII lllll IIIII 11111111
I IIIIII IIIII IIIII IIII IIII -
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
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Type of Instrument: EASEMENT Recorded: 01/27/2025
Number of Pages : 9 At: 01 : 14 : 46 PM
Receipt Number : 25-0011893
TRANSFER TAX NUMBER: 24-19901 LIBER: D00013281
PAGE : 551
District: Section: Block: Lot:
1000 120 . 00 03 .00 011. 013
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $146, 000. 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: 24-19901
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
VINCENT PULEO
County Clerk, Suffolk County
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MF
Numberof pages RECORDED
2025 Jan 27 01:14:4E. Pli
VINCENT PULEO
This document will be public CLERK OF
record. Please remove all SUFFOLK COUNTYL D00013281
Social Security Numbers P 551
prior to recording. DTtt 24-19901
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
i 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.
E4-5217( ate} 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
The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00 - ( family dwelling only.
Sub Total d YES or ENO
Othera f'1-�
Grand Total _1 �f If NO,see appropriate tax clause on
page# of this instrument.
_ e ' A)7'
5461082
4 Dist.12 5 Community Preservation Fund
T S4,N-
Satisfaclions/Discharges/ReleasesReal Property r I Consideration AmouTax ServiceAgency CPF Tax Due $
Verification
Im List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
Document Recording Services
PO BOX 3008 TO
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
r 'This page forms part of the attached Easement Agreement made
by: (SPECIFYTYPEOF 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 Corporation In the VILLAGE
or HAMLET of Mattituck
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
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R CWH., -
Stat ID: 5461082 13-JAN-25 .
Tax Maps
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District Secton Block Lot School District
1000 12000 0300 011013
1000 12000 0300 011014
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[The space above this line is reserved for recording information]
Return to:
Recording requested by and document prepared by: Document Recording Services
Kristine Adams P.O.Box 3008
800-444-2929 Tallahassee,FL 32315-3008
Farm Credit Leasing Services Corporation
1665 Utica Ave S, Suite 400 REF30144DB91A
Minneapolis, MN 55416 REF289936544A
EASEMENT AGREEMENT
THIS EASEMENT 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). 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:
. 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.
33Release. 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.
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5. Reserved Riehts. 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.
5. Enforcement.Any costs incurred by the Grantee in enforcing the terms ofthis Agreement against Grantor
(including,without limitation attorneys'fees and costs,and any costs of restoration necessitated by Grantors 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[aches, 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 I
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 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
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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.
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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.
GRANTOR:5.645,Aldrich Lane LLC
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Norman Keil Jr. President
5ignaltrre Name '1 i71e
GRANTEE: FARM CREDIT LEASING SERVICES CORPORATION
By:
a,- ,
(RfK- SC
lugnrrmm Name Trlc
V
o II
4
Notary Acknowledgment
State of New York )
}ss.
County of I
On the Z day off in the year2L}13 before me,the undersigned,personally appeared
Norman Neil Jr. 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 p n upon behalf of which the individual.acted,executed the instrument.
NOTARY PUBLIC
Printed Name: f-v-av->(Z-! Y!e
My Commission Expires:--9(_"!�
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FRANCINE CIES AK
Notary Public•State of New York
NO,01CISOh5752
Qualified in Suffolk County
My Commission Expires Sep 9, 2026
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STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
On the day of 4 , in the year 2024, before me, the undersigned,
personally appeared , er r , 'fir`` —leasing Delivery Services
of Farm Credit Leasing ervice Corporation, 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.
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ENOTARY PURLR, MA�TTHEW
aze Printed Name: /Vlo ►„/ Qn f�hi r
My Commission Expires: AR
L&se SPe{ia is� III
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EXHIBIT A
Description of Equipment
The Equipment will include the equipment described below,and all repairs,additions,accessories,
enhancements,substitutions, replacements and accessions incorporated into or attached to the Equipment, all of
which will be subject to the terms of the Lease as if originally leased thereunder and will automatically become
Grantee's property Free of all liens and encumbrances and without any additional compensation or consideration
of any kind paid to or otherwise benefiting Grantee.
Description of the Equipment:
I One(1)Used 2023 Argus Main Control Panel Greenhourse Control System SN:F75235351 together with all attachments,
components and accessories including but not limited to: Panel 1 —Argus Main Control Panel—ARG 100—SIN F75235351,
Panel 2—Erfgoed Fill and Drain Panel—ARG200—SIN F75235352,Greenhouse Area Panel—ARG300- F75235353,
Field Valve Panel I —ARG400—SIN F75235354, Field Valve Panel 2—A RG500—S/N F75235355.
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EXHIBIT B
Description of Land
PARCEL 1: DISTRICT: 1000/SECTION-
ION: 120.00/BLOCK:03.001 tOT(s):
011.013&011.014
ALL that certain plot, piece or parcel of land,situate,lying and being in the
Hamlet of Mattitu--k,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 cc-mer formed by the intersection of the southerly side of Sound
Avenue and the vrastery side of Aldrich Lane;
RUNNING THENCE along the westerly side of Aldrich Lane,South 18 degrees
25 minutes 20 semnds East,200.00 feet to land now or formerly of Anna
Corwin;
THENCE along said last mentioned land,fhe following two(2)courses and
distances:
(1)South 78 degrees 28 minutes 40 seconds West,282.40 feet;
(2)South 79 degrees 34 minutes 00 seconds West,279.81 feet;
THENCE still along land now or formerly of Corwin and along land now or
formerly of William Nedoszylko and Barbara Rychwalski,South 19 degrees 43
minutes 00 seconds East,659.71 feet to a monument;
THENCE still alorg land now or formerly of William Nedoszytko and Barbara
Rychwalski and a ong land now or formerly of Joseph Lebkuecher,Jr.,South 20
degrees 02 minutes 40 seconds East,940.64 feet to a monument;
THENCE still land now or formerly of Joseph Lebkuecher,Jr,the following rive
(5)courses and d stances:
(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 73 degrees 04 minutes 00 seconds West,366AS feet to a rnonurnent;
(5)North 19 degrees 47 minutes 10 seconds West, 1,269.83 feet to a monument
and land 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 30
seconds East, 1,523.20 feel to the westerly side of Aldrich Lane and the point or
place of BEGINNING.
S