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Home My WebLink AboutL 11901 P 936 DECLARATION AND CLARIFICATION OF EASEMENT I 4o9 � This Declaration made the � day 04 e by _Andrew _ Lettieri_ and Bernice Lettieri- both residing at 48 Cayuga Road , Yonkers, New York 10710 and Joseph Frederick Gazza residing at 5 Ogden Lane, Quogue, New York 11959 ; hereinafter referred to as the Declarants , Whereas , the Declarants are the owners of certain real property situate at East Marion, Town of Southold ,Suffolk County, New York being bounded and described as set forth in Declarants ' deeds recorded with the Suffolk County Clerk ' s Office at Riverhead , New York and pictorially shown on the official tax maps of Suffolk County as follows : SCTM41000 031 .00 05 .00 001 .002 ( 14 . 3ac +) Owner : Andrew Lettieri by Deed L.9374 p.01 D. 5/29/83 R .6/14/84 SCTM# 1000 022 .00 03 .00 019.000 (4.915ac) Owner :Josepb Frederick Gazza by Deed L.8390 p. 366 D.9/16/77 R . 2/17/78 SCTM# 1000 022 .00 03 .00 020 .000( 5 .0 ac+) Owner: Bernice Lettieri by Deed L.9111 p. 64 D. 11/24/81 R. 12/4/81 SCTM# 1000 022 .00 03 .00 021 .000( 5 . 393ac) Owner : Joseph Frederick Gazza by Deed L.8390 p. 366 D.9/16/77 8. 2/17/78 SCTM# 1000 022 .00 03 . 00 022 . 000(6 . 3ac) Owners :Andrew Lettieri & Joseph Frederick Gazza by Deed L. 10954 p. 166 D.7/1/89 R . 10/25/89 Whereas there exists upon the lands above set forth "rights of way" utilized by former and present owners of these parcels the location of which has changed over the years as a result of land maintenance, farm plowing and crop location. Said "rights of way" provide legal access from the lands above set forth to the main(state)Road. Early reference to this legal access can be traced to Seth H. Tuthill who designated this land the "Rocky Point Farm". On 3/20/1857 Joseph Lewis Tuthill & William S. Hobart Executors of the last will and testament of Seth H. Tuthill conveyed the "Rocky Point Farm"at Liber 63 page 91 to Jonathan Truman & George Tuthill. George Tuthill who died in 1870 left a will recorded at Liber E Page 155 and Liber 10 page 602. George Tuthill's heirs at law were Henry H.C.Tuthill and Juliett M. Lamphear. In the early 1900's,Henry H.C.Tuthill & Juliett M. Lamphear by Deed Liber 458 page 402 divided the peninsula into lots as they appear on the tax map today. Rights of way to these lots via travelled farm roads have existed since their creation to the main road. The travelled farm road that crosses the lowland area of Lot 19 & 001.2 exists at an elevation of over Eft. above mean sea level. This road provides ingress & egress for auto and truck, contains no wetlands on it and our use thereof has been uninterupted during our years of ownership. The parcels were farmed lands and as such required continuous cultivation by farm equipment & tractors. The various travelled farm roads that connected each parcel to the Main(State)Road were located and plotted on an actual survey map on July 25, 1977 by Roderick VanTuyl P.C. which said map was recorded with the Suffolk County Clerk's office on 2/17/1978 at Liber 8390 pages 367-370 inclusive. Whereas, for and in consideration of the mutual release and relinquishment of all rights and rights of way,of the DEclarants herein,in and to all the dirt roads, farm roads, woods roads and travelled paths as same traverse the lands set forth in deeds above mentioned, the Declarants desire to record this Declaration and Clarification of Easement in the Suffolk County Clerk's office to accurately define one common right of way and WHEREAS, the Declarants have considered the foregoing and determined that the same will be for the best interest of the Declarants and subsequent owners of lands above set forth in deeds, NOW, THEREFORE, THIS DECLARATION WITNESSETH: THAT the Declarants, for the purpose of carrying out the intentions above expressed do hereby make known admit, publish and impose the following restrictions upon that portion of the parcels whose deeds are above set forth, as is described on "Schedule All annexed hereto; (1) The Declarants, their heirs, executors,assigns and successors in interest shall have a permanent easement for all legal purposes over, under, and above the described parcel as set forth in "Schedule All. rj`�5 SCHEDULE A ALL that certain plot, piece or parcel of land situate, lying and being at East Marion, Town of Southold, County of Suffollk and State of New York, bounded and described as follows: Beginning at the southwesterly corner of the hereinafter described right of way, which said point is where the division line between lands formerly of Boken now of Andrew Lettieri and land now or formerly of Cover Beach Estates Inc. intersects the northerly side of Main (State Rt. 25) Road, said point also being approximately 1900 ft. east of Stars Road as measured along the northerly side of Main Road (State Rt. 25) said point being marked by a stone monument the N.Y. coordinates of said monument being N.333885.0' and E.2459156.7' Long Island Zone, and the Meridian of said description being grid north, L.I. Zone, and from said point or place of beginning running northerly along said westerly side of the said 50 ft. access road or right of way as follows: (1) N 25' 30' 20" W 242.90 feet; (2) S 63' 01' 40" W 23.1 feet; (3) N 26' 45' 40" W 387.42 feet to a monument; (4) N 25' 15' 40" W 214.39 feet; (5) Along the arc of a curve bearing to the right having a radius of 250 feet a distance of 241.50 feet; (6) N 30' 05' 10" E 209.04 feet; (7) Along the arc of a curve bearing to the left having a radius of 200 ft. a distance of 97.74 feet; (8) N 2' 05' 10" E 119.06 feet; (9) Along the arc of a curve bearing to the right having a radius of 250 ft. a distance of 392.70 feet; (10) S 87' 54' 50" E 106.32 feet; (11) Along the arc of a curve bearing to the right having a radius of 250 ft. a distance of 90.06 feet; (12) S 67' 17' 10" E 160 feet; (13) Along the arc of a curve bearing to the left having a radius of 287.97 ft. a distance of 99.01 feet; (14) S 86' 59' 10" E 90 feet; (15) Along the arc of a curve bearing to the left having a radius of 25 ft. a distance of 21.03 feet; (16) Along the arc of a circle bearing to the right having a radius of 50 ft. a distance of 241.19 feet; (17) Along the arc of a curve bearing to the left having a radius of 25 ft. a distance of 21.03 feet; (18) N 86' 59' 10" W 90 feet; (19) Along the arc of a curve bearing to the right having a radius of 337.97 ft. a distance of 116.20 feet; (20) N 67' 17' 10" W 160 feet; (21) Along the arc of a curve bearing to the left having a radius of 200 ft. a dis tance of 72.05 feet; (22) N 87' 54' 50" W 106.32 feet; (23) Along the arc of a curve bearing to the left having a radius of 200 ft. a distance of 314.16 feet; (24) S 2' 05' 10" W 119.06 feet; (25) Along the arc of a curve bearing to the right having a radius of 250 ft. a distance of 122.17 feet; (26) S 30' 05' 10" 209.04 feet; (27) Along the arc of a curve bearing to the left having a radius of 200 ft. a distance of 193.20 feet: (28) S 25' 15' 40" E 213.70 feet; (29) S 26' 45' 40" E 311.99 feet; (30) S 52. 51' E 53.77 feet; (31) S 27' 30' 20" E 290 ft. to NYS Rt. 25; (32) S 85' 47' W 53.68 ft. along the northerly side of NYS Rt. 25 to the point or place of beginning. Pictorially shown on Frank Bayles Surveyor's working drawings attached hereto, labeled 1,2,3. El 42586 RECORDED 11901PC936 R EIVED 46 JUN 30 PI•I 1: 45 + t:ti-:_A f.S'f Number of pages ' EfJ Vai^,i i1 Ia, �, FtO, int INE TORRENS 30,1% �. t'f_ER!i OF v SUFFO" C001',7Y Serial# T IikNSFER IiUC SUFFOLK Certificate# COUNTY Prior Ctf.# 42586 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 41 FEES Page/Filing Fee ._ Mortgage Amt. _ Handling 1. Basic Tax TP-584 2. Additional Tax Notation 2 Sub Total EA-5217(County) Sub Total Spcc./Assit. or EA-5217(State) Spec./Add. _ R.P.T.S.A. ` r _._ � dY TOT.MTG.TAX Comm.of Ed. 5 . 00 z5 Dual Town Dual Courtly Held for Apportionment Affidavit �e"�y_ r� Transfer Tax a Certified Cop °Lz% �� Mansion Tax The property covered by this mortgage is or Reg.Copy will be improved by a one or two family Sub Total �/ - dwelling only. Other YES or NO GRA OTAL 7 C/ .! If NO, see appropriate tax clause on page # —7 of this instrument. 5 r Real Property Tax Service ncy Verification 6 Title Company Information Er„ Dist. Section Block Lot u,rfax ` crouwtr /pDC> oz�1vo D 3DD O o/gvc''o P BD 0 Z200 C) 0& & e)')-oOct) Company Name �p /000 6 2200 03J0 016 0.zer9eo Title Number Init s /P D D le 93 c J D o Lf e,z,«c Ci l,Z ZA /+.vnarw 8 FEE PAID BY: �£RNIUE LeTr'i€R Cash Check urge - s oydw LANe Payer same asR&R (or if different)rw `1o'K 11979 NAME: ADDRESS: RECORD & RETURN TO (ADDRESS) 9 Suffolk County Recording & Endorsement Page This page forms part of the attached DCCLArATrc.1 4 C LAP-trICAT104 04 CA l Fro EN r made by: (SPECIFY TYPE OF INSTRUMENT) i3ERN�eE L ETrICA� The premises herein is situated in A,vmrw L.-T71.CA; SUFFOLK COUNTY,NEW YORK. In the Township of SO,TwL,0 �njr?# rX9,00£Ricbc 0A7zA In the HAMLET of F�4s'r r,AA,0'V BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ,xa,w.anewe.