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HomeMy WebLinkAbout1000-102.-2-23.4 EASEMENT AGREEMENT THIS AGREEF~NT, made the __ day of 2004, by and among, JO~ G. SCOTT, III, residing at 430 Riley Avenue, Mattituck, New' York, and SANDRA J. ~3FFY f/k/a SANDEA J. SCOTT, residing at 31025 Main Road, Cutcho~ue, New York, hereinafter referred to as "SCOTT & ~UFFY" or "PARTY OF THE FIRST PARTY"; SEROTA CUTCKOGUE, LLC, a New York limited liability company with office c/o Nathan Serota, 70 East Sunrise Highway, Valley Stream, New York, hereinafter referred to as "SEROTA"; SANFORD H. FRIEMANN, residing at 1165 Old Harbor Road, New ~uffolk, New York, and HENRY F. RIENECKER, residing at 355 Eastwood Drive Extension, Cutchogue, New York, hereinafter referred to "FRIEMANN & REINECKER ; GEORGE STARKIE, residing at 721 Main Street, Farmingdale, New York, and JOHN STARKI~, residing at 721 Main Street, Farmingdale, New York, hereinafter referred to as "STARKIES"; all sometimes collectively referred to as "PARTIES OF THE SECOND PART"; and WHEREAS, SCOTT & T~JUUY are the owners in fee simple of the premises described as SCTM ~1000-096.00-05.00-013.000 and SCTM ~000-102.00-02.00-023.004, acquired by a certain deed from Jennie Pawluczyk a/k/a Jennie Paweluczyk a/k/a Jennie F. Pawluczyk dated September 12, 1973 and recorded in the Suffolk County Clerk's Office on September 25, 1~973 in Liber 7497, Page 102; and WHEREAS, SEROTA is the owner in fee simple of the premises described as SCTM #1000-097.00-05.00-012.000, as more particu- larly described in a certain deed from Nathan L. Serota dated January 1, 2001 and recorded in the Suffolk County Clerk's Office on Aug~st 30, 2001 in Liber 12138, Page 977; and WHEREAS, FRIEMANN & REINECKER are the owners in fee simple of the premises described as SCTM #1000-102.00-02.00-024.001, SCTM ~1000-102o00-02.00-024.002 and SCTM #1000-096.00-03.00- 009.000, and more particularly described in a certain deed from William B. Sterling date~ June 17, 1980 and recorded in the Suffolk County Clerk's Office on June 20, 1980 in Liber 8840, Page 417; which premises are also known as Lots 1, 2 and 3 on a certain subdivision map filed in the Suffolk County Clerk's Office as Map No. 9436 on November 30, 1993; and WHEREAS, STARKIES are the owners in fee simple of the premises described as SCTM #1000-096.00-03.00-002.001 and SCTM #1000-096.00-03.00-002.002, and more particularly described in a certain deed from Arthur C. Schneider dated June 12, 1987 and recorded in the Suffolk County Clerk's Office on June 19, 1987 in Liber 10346, Page 31; and WHEREAS, a 22 foot wide right-of-way, sometimes called "Sterling Road", has existed since 1944 and presently still exists over or through the properties of the parties to this agreement, which right-of-way runs from the northerly line of Main Road (State Route·25) to the southerly line of the Long Island Railroad, Cutchogue, Town of Southold, Suffolk County, New York, the center line of which is more particularly described herein; and WHEREAS, SCOTT & ~ have requested the PARTIES OF T~E SECOND PART to confirm gran~s of easements as to the existence and location of said right-of-way sometimes known as "Sterling Road", and to confirm the rights of SCOTT & 1~5~T, their successors and.assigns, to use said right-of-way for ingress and egress to and from their aforesaid property. NOW THEREFORE, in consideration of ONE DOLLAR ($1.00) paid & ..... to each of the other parties, the receipt of by SCOTT which is hereby acknowledged, and the promises contained herein, the parties do hereby agree as follows: 1. There has existed since 1944, and presently still exists, a 22 foot wide right of way which runs from the northerly line of Main Road (State Route 25) to the southerly line of the Long Island Railroad; the center line of which right-of-way is more particularly described as follows: BEGINNING at a point on the northerly side of Main Road (State Route 25), which point is 1,658.70 feet westerly from the intersection of the westerly side of Cox's Lane and the northerly side of Main Road (State Route 25), said point being at the southwesterly corner of property of Serota Cutchogue LLC and the southeasterly corner of property of Sanford H. Friemann and Henry F. Rienecker; running thence from said point of beginning North &3 degrees 17 minutes'50 seconds West 1,320.00 feet; thence North 43 degrees 17 minutes 10 seconds West 2,626.&5 feet to'the southerly line of the Long Island Railroad. 2. SCOTT & ~UFFY confirm that 11 feet of their property which borders the westerly side of the above described center line is subject to rights of others who have been previously granted easements for ingress and egress ever the right-of-way known as "Sterling Road. 3. SEROTA confirms the grant of an easement to SCOTT & TU~I~Y over the 11 feet of its property which borders the easterly side of the above described center line. 4. FRIEMAArN & RIENECKER confirm the grant of an easement to --3-- SCOTT & TUFFY over the 11 feet of thei~ property which borders the westerly and easterly sides of the above described center line. 5. STARKIES confirm the grant of an easement to SCOTT & T46FF¥ over the 11 feet of their property which borders the easterly side of the aboye described center line. 6. This agreement and all of its terms, covenants and -conditions, shall be binding upon and inure to the benefit of the parties hereto, their legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. Sandra J. ~3~ /~y~'~ ~/~ Sandra J. Scott Serota Cutchogue LLC By: t Henry F. Rienecker \ eorge S~rk~e -4- J°hn/ , © © : STATE OF NEW YORK: Ss.: COUNTY OF SUFFOLK: On the ~ day of ~ , in the year 2004, before me, the undersigned, personall~ appeared JOHN G. SCOTT III 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 instrume9t, the individual, or t_he person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK: COI/NTY OF SUFFOLK: On the ~ day of ~ , in the yea~4~~ before me, the undersigned, personally appeared SANDRA J. ~-~_-~R/k/a SANDRA J. SCOTT, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK: : s COUNTY OF : On the day of , !n the year 2004, before me, the ~dersigned, personally appeared 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 in~vidual acted, executed the instrument. Notary Public STATE OF COUNTY OF On the ~- day of ~c%~ , in the year 2004, before me, the u~dersi~ed, personally appeared SA/FFORD H. FRIEMAA~N 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 tke instrument, the individual, or the person upon behalf of which the individual acted, execu, te~ the instrument~ STATE OF NEW YORK: .,~ COLTNTY OF SUFFOLK: ,..,~ ~ ~ND~U~¥~AI~!e;~aN~IBC On the /~ day of ~ , in the year 2004, before me, the undersigned, personally appeared HENRY F. RIENECKER 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. Notary u~.,/, / STATE OF NEW YORK: Notary~ic SfateofNew~ : SS.: N0. 0~E6099317 CO~TY OF SUFFOLK: On the ~ day of ~'~ , in the year 2004, before me, the undersmgned, personal~ appeared GEORGE ST~KIE personally kno~ to me or proved to me on the basis of satisfacto~- 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 u~n behalf of which the individual acted, executed the inst~ment. DENNIS KELLY Notar~ Public, S'~ate of New York No 01KE4947033 Qualified in Nassau Counly Commission Expires Feb --6-- STATE OF NEW YORK: : SS. : COUNTY OF SUFFOLK: a 'e ~0~ mT personally me, the under~-i~ed, p so y pp e 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 aeknowledged 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. Notary Public DENNIS KELLY' NoTary Public, State of New Yorl~ No. 01KE4947033 Qualified in Nassau County (~ CornrnL~sion E~q3ires Feb 13, 20~ ' J -7-