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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