HomeMy WebLinkAboutL 12137 P 287 TEMPORARY CONSTRUCTION EASEMENT
(Post-Vesting)
KNOW AIJ~ PERSONS BY THESE PRESENTS, that, by this Agreement, dated the
~7 day of July, 2001 between Rose V. McCann (f//k/a Rose M. Stewart) presently residing at
18 Wilson Street, Hartsdale, Westchester County, New York 10540, hereinafter referred to as
the "GRANTOR" and the SUFFOLK COUNTY DEPARTMENT OF PLANNING - DIVISION
OF REAL ESTATE, having offices at 100 Veterans Memorial Highway, 2nd Floor, Hauppauge,
Suffolk County, New York 11788, hereinafter referred to as "GRANTEE" do hereby agree as
follows:
FIRST: The GRANTOR warrants and represents that it is the owner in fee simple of the
real property located in Southold, Town of Southold, Suffolk County, New York more
particularly bounded and described as set forth in "Schedule A" annexed hereto, which property
is designated on the Suffolk County Tax Map as District 1000 Section 04500 Block 0100 Lot
005000. The GRANTOR further warrants and represents that it has good title to same and the
full right and authority to grant the temporary easement described herein. The GRANTOR
further warrants its title thereto to the GRANTEE and shall defend the easement granted herein
against any and all claims and demands.
SECOND: For and in consideration of these presents, the sum of Ten ($10.00) Dollars,
and other good and valuable consideration, paid by the GRANTEE to the GRANTOR, receipt of
which is hereby acknowledged, the GRANTOR hereby grants to the GRANTEE, its successors,
assigns, representatives, agents, employees, and contractors, a temporary easement granting to
the GRANTEE the right, permission, authority, and privilege to enter into and upon the real
property described in "Schedule A" annexed hereto for the purpose of allowing the GRANTEE
-1-
to obtain access to a construction site for the reconstruction of C.R. 48, Middle Road, in the
Vicinity of Chapel Lane, Town of Southold, Suffolk County, New York C.P. 5518.
The term of said temporary easement shall be for a period of six (6) months.
THIRD: This temporary easement shall be limited to use by:
a. The GRANTEE, its successors and assigns, and its duly authorized
employees, representatives, agents and contractors for the purpose all
actions in connection with all of the activities stated in paragraph
"SECOND", above.
FOURTH: The GRANTOR shall save, indemnify and hold harmless the GRANTEE,
and any and all of the GRANTEE's departments, agencies, bureaus, employees, personnel,
agents, and representatives from and against any and all loss or expense, including reasonable
attorney's fees, by reason of any liability imposed by law upon any of them, except in cases of
their negligence or intentional acts or omissions, for any damages or claim for damages arising
out of, or in consequence of or in connection with, this Agreement, including, but not limited to,
bodily injury, including death at any time resulting therefrom, sustained by any person or
persons, or on account of damage to property. It is further understood and agreed that the
GRANTOR shall, at the option of the GRANTEE, defend any of the entities indemnified
hereunder with appropriate counsel and, further, shall bear all costs and expenses, including the
reasonable expense of counsel, in the defense of any action or proceeding arising hereunder.
FIFTH: The GRANTOR shall procure and/or execute any further necessary assurance of
title to the easement area and shall allow access to the easement area by way of the remainder of
GRANTOR's real property as is necessary for the use of the easement granted herein.
SIXTH: The GRANTOR shall procure an/or execute any further necessary
assurance of title to the easement area and shall allow access to the easement area by way of the
Parcel "C" Temporary Easement
BEGINNING at a point on the division line between the lands of Rose M.
Stewart, reputed owner on the east and the lands of Robert Wallkam, reputed owner on the west at the
intersection of the said boundary with the division line between the lands of Evelyn Bang and Barbara
Allaire Draft, reputed owners on the north and the same lands of Rose M. Stewart, reputed owner on the
south, said point being 72+ feet distant northerly, measured radially from station 11 + 58+ of the
hereinafter described survey centerline for the proposed reconstruction of Middle Road,~ounty Road
No. 48; thence, northerly along the last mentioned division line and along said division extended
through the lands of Rose M. Stewart, reputed owner, the following two (2) courses and distances:
92+ feet to a point 54+ feet distant northerly, measured radially from station 12 + 50 of said centerline; and
2) southeasterly 11+ feet to a point on the northerly boundary of the
existing
Parcel "B" easement area, the last mentioned point being 43.00 feet distant
northerly, measured radially from station 12 + 50.00 of the said
centerline; thence, southwesterly along said northerly boundary 93+
feet to its intersection with the division line between the lands of R~se
M. Stewart r/o on the east and the lands of Robert Wallkam r/o on the
west, thence, northerly along the last mentioned division line 25+ feet to
the point of beginning; being 1,685+ S.F. or 0.039 acres more or ~ss.
The above easement is a temporary easement and will expire 6 months from the date
of completion of construction unless previously released by the Commissioner of Public
The above mentioned survey centerline is a portion of the survey centerline for the
proposed reconsh-uction of Middle Road, County Road No. 48, as shown on a map on file in
the Office of the Commissioner of Public Works.
Number of pages
TORRENS
Serial #
Certificate #
Prior Cfi. #
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
FEES
RECORDED
200t Rug 22 11:29:17 AM
Edward P,Romaine
CLERK OF
SUFFOLK COUNTY
L D00012157
P 28?
DT~ 01-0~1~i
Recording / Filing Stamps
Page / Filing Fee
Handling
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
KP.T.S.A.
Comm. of Ed.
Affidavit
Certified Copy
Reg. Copy
Other
5. o0
__ Sub Toml
Sub Total
Mortgage Amt.
1. BaSic Tax
2. Additional Tax
Sub 'l~al
Spec./Assit.
Or
Spec./Add.
TOT. MTG. TAX
Dual Town__ Dual County.__
Held for Apportionment __
Transfer Tax
Mansion Tax
The property covered by this mortgage is or
Will be improved by a one or two family
dwelling only.
YES or NO
If NO, see appropriate tax clause on page #
__ of this instrument.
Real Property Tax Service Agency Verification
Dist. Section B lock
Satisfactions/Discharges/Releases List Property Owners Mailing
RECORD & RETURN TO:
CONDEMNATION PROCEEDING
CR t.~ MAPe~ CP ,~ {W
ATTN TERESA A ALLAR
APPRAISAL REV & CONDEMN SUP
SUFFOLK CO DIV OF REAL EST
H I.RE DENNISON BLDG 2ND FL
PO BOX 6100
HAUPPAUGE NY 11788-0099
Community Preservation Fund
$ ~0~ O e~
EPF Tax Due $ ~K~/~A~ T
Improved
Suffolk
This page forms part of the attached
THE COUNTY OF SUFFOLK
TD ,~
Title t Information
Co. Name ¥
Title ~
Recordin & Endorsement
(SPEQFY ~E OF ~~ )
%e pre~ses he~in is situated
S~O~ ~, ~W YO~
In the Township of
In the VILLAGE
or HAMLET of
BOXES 5 THRU 9 MUST BE TYPD OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
made by:
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Ty~e of Instrument: EASEMENT/DOP
~mher of Pages: 5
TRANSFER TAX NUMBER: 01-03131
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
045.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$300.00
Received the Following Fees For
Page/Filing $0.00
COE $0.00
Notation $0.00
RPT $0.00
Transfer tax $0.00
TRANSFER TAX NUMBER: 01-03131
THIS PAGE IS
Above Instrument
Exempt
YES Handling
YES TP-584
YES Cert. Copies
YES SCTM
YES Comm. Pres
Fees Paid
A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
08/22/2001
11:29:17 AM
D00012137
287
Lot:
005.000
Exempt
$0.00 YES
$0.00 YES
$0.00 YES
$0.00 YES
$0.00 YES
$0.00