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Home My WebLink AboutL 12463 P 228 . EASEMENT AGRE~~ENT THIS AGREEMENT made chis cl~ day of 1" ,J" ,2006, by and between PECONIC LAND TRUST, INCORPORArED~fter referred to as "Grantor"), with offices ac 296 Hampton Road, Southampton, NY 11968 and RANDY SCOTT SHUR, (hereinafter referred to as "Grantee"), residing at 4050 Sound View Avenue, Mat;cituck, New York, NY 11952 WITNESSETH WHEREAS, the Grantee is the owner in fee simple of a parcel of land situate at Mattituck, Town of Southold, Suffolk County, New York, known and designated as part of 4050 Sound View Avenue, (SCTM 01000-094.00-03.00-p/o 001.006) as described on Schedule A attached hereco and made a part hereof (the "House Parcel"). WHEREAS, the Grantor is the owner in fee simple of a parcel of land situate at Mattituck, Town of Southold, Suffolk County, New York, known and desig~a~ed as part of 4050 Sound View Avenue, (SCTM 01000-094.00-03.00-p/o 001.006) south of the southerly line of the House Parcel, as described on Schedule B attached hereto and made a part hereof (the "=arm Parcel"). NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other valuable consideration given by the Grant;ee to the Grantor, the Grantor does here by grant and release to the Grantee a non- exclusive easement over a portion of the Grantor's property to maintain the existing stone driveway in its current location as depicted on the survey prepared by John C. Ehlers Land Surveyor, dated June 30. 2006 (the "Survey")attached hereto and made a part hereof, and which easement is hereinafter referred to as the "Easement Area". The parties hereby agree as follows: 1. The easeme~~ gra~ted herein is a no~-exclusive easerne~t and shall be utilized for vehicular and pedestrian access, ingress and egress to and from the House Parcel to and from Sound View Avenue in common with others. 2. The Grantor shall have the continued right to ucilize che Easement Area for vehicular and pedestrian access, ingress and egress to and from the Farm Parcel to and from Sound View Avenue in common with others. 3. The Grantee shall be solely responsible for all improvements, maintenance and repair of the stone driveway. Grantee shall not change the location or surface of the existing stone driveway or add any structure, planting or other improvement except that Grantee shall have the right to replace the existing surface with the same type of stone surface as exists on the date hereof. 4. In the event that Grantee relocates the stone driveway to Grantee's property, this Easement Agreement shall terminate. 5. Grantee, for himself, his heirs, successors, assigns, guests, invitees and licensees does hereby release Grantor from any and all damage and/or injury suffered by Gra~~ee, his heirs, successors and assigns, arising out of or related to, Grantee exercising the rights granted hereunder, and Grantee agrees to hold Grantor, its successors in title and assigns, harmless from all damages, expenses (including reasonable attorney's fees) costs and liabilities in any claim, action or proceeding based upon, in whole or in part, the exercise by Grantee of the rights granted hereunder. Grantee and successor owners of the House Parcel shall be solely liable for any injuries or damage to persons or property in or on the Easement Area and shall indemnify and hold Grantor, its successors and assigns harmless against all loss cost damages and expense, including but not limited to reasonable attorney's fees with respect to any injury or damages unless caused by Grantor or its invitees. 6. Said easement is granted to Grantee, his heirs and assigns and successors in title, it being understood and agreed that the easement hereby granted is appurtenant to and runs with the land now owned by Grantee and burdens the land of Grantor, its successors and assigns. This agreement may not be changed or terminated orally. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, representatives, executors, administrators, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year above written. peconic Land Trust, Incorporated Grantor , Vice President .. S~eJiAle A John C. Ehlers land Surveyor 6 East Main Street Rlverhead, New York, 11901 631-369-8288 logal Description. House Parcel Beginning at a point at the Northeast terminus of Soundvi.ew Avenue and from said point of Beginning: Running easterly alolll./ the lands of Diane Smith, North 49"52'20" EasL, a distance of 154.92 feeL; thence still easterly along the lands of Diane Smith & then the lands of Sanford P. Hanauer Family Trust, North 57"08'50" E~st. ~ ~ist~nce of 208.72 feet to the lands of Jorg Mengel"; thence southerly along the lands of Jorg Menger, South 2G"10'50" ~ast, a distance of 484.96 feet Lo a point; thence westerly, ndtherly and WeSLe.l.':'~y Lhrough the lands of Randy Scott Schur the followi.ng four (4) courses and distances: 1) S<"JlIth 630119'10" Wes!:, il di'lt'JIlcc of 324. 5G feet. 2) North 25048'00" West, a distance of 200.40 fCleL. 3) North 2C"02'lO" West, a distance of 180.64 feeL. 4) South 49"52'20" West, a distance of 36.09 Ceet to the southeasterly terminus of soundview Avenue, thence northerly along the eastern terminous of Soundview Avenue, NOl.th ~6"02']on West, a distance of 51.04 feet to the Point or Place of Beginning. Containing 3.4805 Acres. (~, l}\i.~ \~.:~:.:\::'::;':'.> .:. . .,'.' .... . ' . ~eJJ:v a . John C. Ehlers Land Surveyor 6 East Main Street Rlvorhcad, New York, 11901 631-369-8288 Lagal Description. Development Rights Sold Parcel Beginning at ;it point at the Southeast terminus of Soundview Avenue and from said point of Beginning: Running thence easterly through the lands of Randy Scott Schur the followinq four (4) courses and distances: 1) North 49"52'20" East, a distance of 36.09 feet; 2) South 26"02'10" East, a distance of 180.64 feet; 3) South 25"48'00" East, a distance of 200.40 feet; 4) North 6~"49'10" East, a distance of 324.56 feet to the lands of Jorg Menger thence southerly along the lands of Jorg Menger, South 26"10'50" East, a distance of 1530.85 feet to the lands of Allan Arrieta; thence weasterly along the lands of Allan Arrieta, South 63"25'10" West, a distance of 375.73 feet to the lands of Robert G. Rowehl; thence northerly along the lands of Robert G. Rowehl the following four (4) courses and distances; 1) North 25040'00" West, 2) North 2"5"27'00" West, 3) North 25048'00" West, 4) North 26"02'10" West, feet to the Point or Place of 13.2271 Acres a distance a distance a dlstance a distance Beginning. of 403.20 of 824.65 of 506.27 of 171. 78 Containing feet; feet; feet; ,'. ". . ~;.J :~.. 'i;;~: ; 'r~"".\ .', ~. .. ','t' '...', . ~ I." .,.', '. .4.\ .., .. '\.. 'I~''''''''', '"; \.; I '. . .. '~:"~ ;. . . ; ',". ...:....... 111111111111111111111111111111111111111111111111111111I 1111111111111111111111111 SUl'TOLK Cou."&"t CLBRX llBCORDS OFFICE llBCORDIIIG PAGE Type of :l:nstZ'Wll8nt I Ell8BllBH'l' /DOP Number of Pages' 7 Receipt HUmber I 06-0076536 TRAIISI'ER TAX 1ItJKBD: 06-00843 Recorded I Atl 08/0712006 05,46122 PIC LIBBR I PAGEl D00012463 228 District I 1000 Deed AIIIo1mt I Section, Block I 094.00 03.00 1I!'lI'1UIDfBD AlII) CJIAJlGBD AS FOLLOWS $0.00 Loti 001.011 Received. the FOllowing re.s For Abov'e :l:nstZ'WII8Dt ~~t Bxempt Palle/Filing $21.00 RO Halldlinll $5.00 NO COB $S . 00 RO BYS SRCBG $15.00 NO '1'P-584 $S . 00 RO Rotation $0.00 RO Cert.Copies $0.00 NO RP'1' $50.00 RO SC'l'II $0.00 110 '1'rllDsfer tax $0.00 110 CCIIIIIII.pr.s $0.00 110 Fees Paid $101.00 TRAHSFBR TAX mJIIBBRI 06-00843 '1'B1:S PAGB :l:S A PART OF '1'RE Dl'S'1'R'DIIBR'l' '1'B:IS :IS 110'1' A B:l:LL ~ith A. pa.cale County Clerk. Suffolk County . . Number uf pages TORRENS Seri.l# Certificate II Prior Of. # Deed / Mort&8;IC Jnslnunent Dc~d I Mo~goge Tox S.omp FEES 3 Page I Pili!)g Fee., Handling '1'-584 ~I ~ 5. .Jl.!l_ 5~ Notllion EA-52 17 (CoonlY) EA-5217 (SIlk) R.P.T.S.A. Sub 1'otal__ ..'3/ - ~CD Comm. of Ed. S. .Q<L Affidovit. Ce~ified Copy NYS Sorchorge IS. 00 Suh 1'01.1'___ '10 ,. Other 101 ~ .!JJ: Gnmd 1'0'"1 ~ Djsl.lm L Ronl Propc~y Tax Service Agency VerificDtion 1000 09400 0300 001011 1000 09400 0300 001012 ~ ~ 6 SalisfacrionsID~schq~cslReleases List Propeny Owners Mailing Address RECORD & RETURN TO: ...... 1YJ/fJ~ I//.N P4;lI/srE'.IA/, ~.sJ;) I 1:/'; O"-b 74"'1\1 .<!.IJ. (]"~I9P'l, NY //7 e2 7 RECOI!OED 2006 ~ lJi' 05'46.22 PM Judi th A. Pascali! Q.EI!I( Of SUFFOlJ( ClXJNTV L ??oo12463 P228 Dr. 06-00843 Recording I filing Stamps Mongage Ami. I. Dm.ic Thx 2. Addilioll:ll Tax SuhTulal SpccJAssil. or ~ Spec. IAdtl. " 1:01'. MTG. TAX Dual Town _'_ Dunl Counly _ Held for Appoinlmenl Tmnsfer Tn.'I[ Mansion Tax l'u~ property covered by Ihis lIlongilge is or will be improved by II one or IWD f:miily dwelling only. YES or NO If NO. see Ippropri.le lox c1.use on page ,,_ or Ihis instrulUent. ;,.. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due S Illlproved V.canl Land _ TO TD TO 7 Tille CUIlI UII IlIrOl"llllltioll Co.Name' ~T 7irl.l! 'l1Ue # . Sr-s- Recordin & Endorsement Pa e 8 Suffolk Count This JlDgc forms pan of the atrached kIlSi:DJ.ENr /h.e~sar.r- (SPECIFY TYPE OF INSTRUMENTI made hy: P~C.D^, It!. '1/A/lJ 'TA-.(( 'v ___ JU""Jf,pIJ~~ . The pCf'mise.1li herein is Sil\lOlI~d in SUFFOI.K COUNTY, NEW YOKK. In the Township of In ,he VIl.LAGE nrHAMLETnf I>>IITrnueX ROXES 6THRU 8 MUST DEITPED OR PRINTED IN BI.ACK INK ONl.\' PRIOR TO RECORDING OR FILING. TO RAAI/j_v SC<lTT .fHU.e .{'''U77I'tILIl