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Home My WebLink AboutL 12137 P 286 PERMANENT EASEMENT (Post-Vesting) KNOW ALL PERSONS BY THESE PRESENTS, that, by this Agreement, dated the '~'7 day of (~o, [ ~ ,2001, between ROSE V. McCANN (fPrda Rose M. Stewart), / presently residing at 18 Wilson Street, Hartsdale, Westchester County, New York, 11540, hereinafter referred to as the "GRANTOR" and the SUFFOLK COUNTY DEPARTMENT OF PLANNING - DIVISION OF REAL ESTATE, having offices at 100 Veterans Memorial Highway, 2na 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 permanent 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- the right of installing and thereafter inspecting, replacing, repairing, operating and/or maintaining a permanent drainage pipe for a positive drainage system that will accept highway storm water drainage and ultimately discharge said highway storm water drainage into a recharge basin as well as any and all equipment, appurtenances and/or facilities used in connection therewith (the "Facilities") as the GRANTEE may, in its sole discretion, from time to time deem necessary. The term of said permanent easement shall be in perpetuity. TH]RD: This permanent easement shall be limited to use solely by the GRANTEE, its successors and assigns, employees, servants, agents, contractors, and representatives, for the sole purpose of ingress and egress in connection with the installing and thereafter inspecting, replacing, repairing, operating and/or maintaining the permanent drainage pipe for a positive drainage system that will accept highway storm water drainage and ultimately discharge said highway storm water drainage into a recharge basin as well as any and all equipment, appurtenances and/or facilities used in connection therewith as the GRANTEE may, in its sole discretion, from time to time deem necessary. FOURTH: A. Control over the easement area shall remain in the GRANTOR and the GRANTOR shall allow free, unobstructed, and unlimited access to same, except where such control and access must be necessarily be limited by the GRANTEE to protect the physical integrity of the Facilities. Where access to the GRANTOR is limited, the GRANTEE shall, upon reasonable notice from the GRANTOR, allow the GRANTOR access to the limited easement area; however, no access shall be granted to the GRANTOR if, in the sole discretion of the GRANTEE, such would restrict the GRANTEE's rights hereunder. B. This Agreement is intended to, and shall prohibit: -2- Parcel "B" Permanent Easement BEGINNING AT A POINT on the division line between the lands of Robert Wallkarn, reputed owner to the west and Rose M. Stewart, reputed owner to the east, said point located at centerline station 11+49+ and off left of centerline 33.00 feet; thence, proceeding northerly 14+feet along said divis~-on line to a point, said point located from the centerline on station 11+52_+ and left of said centerline 46.50 feet; thence, proceeding easterly through the lands of Rose M. Stewart the following two courses and distances; 93+ feet to a point which is located from centerline station 12+50.00 and left of center 43.00 feet; t~ence, continuing easterly 124 +feet to a point located on the division line between the lands of Rose M. Stewart, reputed owner on the west and Breezy Sound Corporation, reputed owner on the east, and located from centerline station 13+80+ and left of centerline 45.64 feet; thence, proceeding southerly along said division line 14+ feet to a point located from centerline station 13+76+ and off left of center 33.00 feet; thence, proceeding westerly along the northerly boundary of parcel "A~' on a curve to the right having a radius of 921.93 feet and an arc length of 222+ feet to the Point or Place of Beginning; Being 2,758+ S.F. or 0.063 acres, more or less. The above mentioned map No. 3 is a map on file in the Office of the Commissioner of Public Works, Suffolk County, N.Y. Number of pages TORRENS Serial tt /O Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES RECORDED ~01 Rug 22 11:29:17 RM Edward I% I~on~aine CLERK OF '~i!' SUFFOLK COUNT'¢ L D000~2~37 P 286 DT~ ,i. Recording / Filing Stamps Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R-P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other __ Sub Total 500 Sub Total Real Property Tax Service Agency Verification Dist. Section B lock Lot Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total 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. Community Preservation Fund Amount $ l~proved Satisfactions/Discharges/Releases List Property Owners Mailing Address, RECORD & RETURN TO: CONDEMNATION PROCEEDING cR ~c~ mu, 3~ cv ATTN TERESA A AIJ.AR APPRAISAL REV & CONDEMN SUP SUFFOLK CO DIV OF REAL EST H LEE DENNISON BLDG 2ND FL PO BOX 6100 HAUPPAUGE NY 11788-0099 Land ITitle# ~:~ tO ? Suffolk County Recording & Endorsement Page This page forms part of the attached ~/~¢-¢,~. tff-A~ '6P ~' (SPECIFY TYPE OF INSTRUMENT ) /'V",¢', CPrNN THE COUNTY OF SUFFOLK TD I Title Company Information Co. Name ~2~('3~[~,~ ¥ Al [~('-L T.~i"Lt',, ~he premises herein is situated in SUFFOLK CO~, NEW YORK. In the Township of In the VILLAGE or HAMLET of made by: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Tlrpe of Instrument: EASEMENT/DOP Number of Pages: 10 TRANSFER TAX NUMBER: 01-03130 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 045.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $7,300.00 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: 01-03130 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 286 Lot: 005. 000 Exempt $0.00 YES $0.00 YES $0.00 YES $0.00 YES $0.00 YES $0.00