Loading...
HomeMy WebLinkAboutL 11654 P 613 THIS ENVIRONMENTAL INSPECTION EASEMENT ( "Easement" ) is made as of the 16th day of November, 1993 by CROSS SOUND FERRY SERVICES INC.* (hereafter, the "Borrower" ) in favor o BANK (hereafter, the "Lender" ) .No# Main St. , Bridgehampton, N.Y. 11932 *Two Ferry Street, New London, Connecticut 06320-0033 Recitals a. "The Borrower is the owner of an improved fee simple parcel of real property, more particularly described on Exhibit A, attached hereto and made a part hereof (hereafter, the "Real Property" ) . b. At. the Borrower's request, the Lender has agreed to extend certain credit accommodations to the Borrower (hereafter, the "Loan" ) , secured by a mortgage/deed of trust on the Real Property. C. The Lender is unwilling to extend the Loan to the Borrower unless it has an absolute right, at any time and from,time to time, to enter the Real Property for purposes of conducting inspections and tests to determine if the ownership, use, and operation of the Real Property are in compliance with all applicable environmental laws. d. The Borrower is willing to grant the Lender an irrevocable easement to permit the Lender to enter upon the Real Property for such inspection and testing so as to obtain the Loan. NOW THEREFORE, in consideration of these premises, the terms and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows. 1. Grant of Easement. The Borrower hereby grants and conveys to the Lender an easement to enter on and upon the Real Property at any time and from time to time for the purpose of making such audit test, inspections, and examinations, including subsurface exploration and testing, as the Lender, in its discretion, deems necessary, convenient, or proper to determine whether the ownership, use, and operation of the Real Property and the conduct of the activities engaged in thereon are in compliance with federal, state, and local environmental laws, rules, and regulations. The Lender, or its designated agents, -shall have the right to inspect and copy all of the Borrower's records relating to environmental matters and to enter all buildings or facilities of the Borrower for such purpose. In confirmation of the Lender's right to inspect and copy all to the Borrower's records relating to environmental matters and to secure the Borrower's obligations to the Lender in connection with the Loan, and under this Environmental Inspection Easement, the Borrower hereby grants to the Lender a continuing security interest in and to all of the Borrower's existing and future records with respect to environmental matters, whether or not located at the Real Property EXHIBIT A ALL that certain plot, piece, or parcel of land, situate, lying, and being in the Town of Southold, County of Suffolk, and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (NYS 25) of the northwest corner of land now or formerly of Cross Sound Ferry Services, Inc; said point or place of beginning being also distant 21.62 feet westerly as measured along the southerly side of Main Road (NYS 25) from its intersection with the southwesterly side of land of New York State; and from said point or place of beginning along land now or formerly of Cross Sound Ferry Services, Inc. South 21 degrees 07 minutes 20 seconds East 592.00 feet to the mean high water mark of Gardiners Bay; THENCE along the mean high water mark of Gardiners Bay along a tie line South 69 degrees 07 minutes 00 seconds West 121.67 feet to land now or formerly of U. S. Department of Agriculture; THENCE along land now or formerly of U. S. Department of Agriculture North 16 degrees 15 minutes 30 seconds West 603.00 feet to the southerly side of Main Road (NYS 25) ; and THENCE along the southerly side of Main Road (NYS 25) North 76 degrees 25 minutes 10 seconds East 71. 16 feet to land now or formerly of Cross Sound Ferry Services Inc. , at the point or place of BEGINNING. BOXES45 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 1 I SUFFOLK COUNTY CLERK 2 g 13089 G 'A On T11 Y , -nr:• q ' REWV 0 - v r t'• Number of pagev T REAL ESTATE o 0 0 Serial# DEC 6 1993 �T g TRAM FER TAXr" 'p- Certificate# SUFFOLK COUNTY Prior Cfffi Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee n Mortgage Amt. Handling !(/(/ 1.Basic Tai TP-584 2.SONYMA Notation / Sub Total _ EA-5217(County) �_ Sub Total ,1�C7 3.Spec./Add. EA-5217(State) �l TOT.MTG.TAX _ R.P.T.S.A. , �`p Dual Town_Dual County Held for Apportionment Comm.of Ed. Affidavit ��j ?�� Transfer Tax Mansion Tax _ Certified Copy The property covered by this mortgage is or will be improved by a one or two Reg. Copy _ Sub Total cwt! 60 family dwelling only. n YES or NO— Other GRAND TOTAL t�tJ H NO,see appropriate tax clause on Page# of this instrument. Real Property Tax Service Agency Verification b Title Company Information Dist Section Block Lot 1000 015.000 09.00 wD,QDp Stam Chicago Title Insurance Co Company Name 9308-04653 ' Title Number FEE PAID BY: Cash—Check XX Chargc Osborne & McGowan, P.C. John T. McGowan, Esq. Payer same as R&R_ P.O. Box 5011 OR: Chicago Title Insurance Co. East Hampton, N.Y. 11937 g RECORD & RETURN TO IADDEESqJ T7f'7f' lk County Recording & Endorsement Page This page forms part of the attached Environmental Easement made by: (Deed, Mortgage, etc.) Cross Sound Ferry Services Inc. The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold The Bridgehampton National Bank In the VILLAGE Or;IL Orient Arnommn DEC 6 1993 EDWARD P.FFOI OW PlCltlft]FSIIFFOI.It000NTY 12A�oa..sia?