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Home My WebLink AboutL 12077 P 771EASEMENT AGREEMENT WHEREAS, John G. Kendall, residing at 2162 William Floyd Parkway, Ridge, New York 11961, hereinafter referred to as the party of the first part, as contract vendee in respect to those premises presently owned by Edwin Schumacher, residing at Barrington Woods, 7850 Beneva Road, Apt. 225, Sarasota, Florida 34238, and Robert C. Schmnacher, residing at 4028 Alhambra Drive West, Jacksonville Florida 32207, and Linda McLaughlin, residing at 35 East 9th Street, Apt. 43, New York, New York 10003, as co-executors of the last Will and Testament of Harry Schumacher, deceased, doing business as a co-partnership under the firm name and style of Heitz Realty Company, as more particularly described and set forth in Schedule A annexed hereto, and WHEREAS, Michael Lynne and Cynthia Lylme, his wife, both residing at 1255 Goose Creek Lane, Southold, New York 11971, hereinafter referred to as the party of the second part, are the owners of certain real property as more particularly described and set forth in Schedule B annexed hereto, and WHEREAS, a stone driveway servicing the property described in Schedule B encroaches upon those premises described in Schedule A as more particularly shown on survey by John C. Ehlers, L.S. dated February 28, 1997, and WHEREAS, there is a cesspool located on the property described in Schedule A servicing those premises described in Schedule B, and WHEREAS, the party of the second part is desirous to continue the use of the said encroachments, to wit, the stone driveway and the cesspool located on the property described in Schedule A, and WHEREAS, both the party of the first part and the party of the second part are amenable to allowing said encroachments to continue to exist. NOW, THEREFORE, in consideration of Ten ($10.00) Dollars in hand paid by the party of the second part and the mutual promises contained herein, the party of the first part, hereby grants to the party of the second part, their heirs, successors and assigns, an easement for the continued use and maintenance of the aforesaid stone driveway and the use and maintenance of the aforesaid cesspool under the following terms and conditions: (1) The party of the second part makes no claim to title to any of the property described in Schedule A; (2) In the event that the aforesaid cesspool is replaced, that said replacement will be made totally within the confines of Schedule B; (3) In the event that said cesspool shall be rendered unusable, whether or not replaced, the party of the second part in that event relinquishes the easement to maintain said cesspool within the boundaries of Schedule A. (4) The party of the second part hereby agrees to maintain the existing lawn area but makes no other claims with respect to said lawn area as shown on said survey located within the boundaries'of Schedule A and to remove the wire fencing as also shown on said survey within the boundaries of Schedule A, 1N WITNESS WHEREOF, the parties hereto have duly executed this instrument this day of May, 1997. 'MICHAEL EYI~N~ brEVERLY A. KE/N'/) LL SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Bayview, near Southold, in the Town of Southold, County of Suffolk and State of New York, particularly described as follows:- BEGINNING at a point on the northerly line of North Bayview Road at the southeasterly comer of the premises herein described and the southwesterly comer of land of Martin Shipuleski; RUNNING THENCE along said northerly line of North Bayview Road the following two courses: 1. North 72 degrees 18 minutes 00 seconds West 294.55 feet; 2. North 75 degrees 15 minutes 40 seconds West, 140.85 feet to the easterly line of a certain 30 foot right of way; THENCE along said easterly line of said 30 foot fight of way, North 17 degrees 40 minutes 30 seconds East, 1544.95 feet to the southeasterly line of a fight of way leading to the North Road to Bayview; THENCE along said southeasterly line of said fight of way, North 67 degrees 53 minutes 50 seconds East, 62.20 feet to land of William Zeh; THENCE along said land of William Zeh, South 23 degrees 15 minutes 00 seconds East, 250.06 feet; THENCE along said land of William Zeh and along land of Leslie Jewell, North 67 degrees 53 minutes 50 seconds East 220.0 feet to land of Sayre and Young; THENCE along said land of Sayre and Young, South 22 degrees 06 minutes 10 seconds East, 288.87 feet to said land of Martin Shipuleski; THENCE southwesterly along said land of Martin Shipuleski, being partly along a pond, about 320 feet; THENCE along said land of Martin Shipuleski, South 16 degrees 36 minutes 00 seconds West 1026 feet, more or less, to the point or place of BEGINNING. !2077 771 SCHEDULE B ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York bounded and described as follows:- BEGINNING at a stake set on the southerly side of a certain 20 foot right of way at the northwesterly comer of land owned by Leslie Jewell and RUNNING THENCE along said land of Leslie Jewell, South 23 degrees 15 minutes 00 seconds Bast, 250.06 feet; THENCE along land now or formerly of William L. Repp and Grace P. Repp, his wife, two courses as follows: 1. South 67 degrees 53 minutes 50 seconds West, 75 feet; 2. North 23 degrees 15 minutes 00 seconds West, 250.06 feet to the southerly line of said 20 foot right of way, North 67 degrees 53 minutes 50 seconds Bast, a distance of 75 feet to the point or place of BEGINNING. TOGETHER WITH a right of way over said 20 foot right of way from the northwesterly comer of the premises northeasterly to the North Road to Bayview; and with a right of way over said right of way to the place where it touches the southerly end of a canal or cut dredged by Edwin H. Brown. '10634 12077E,771 $., '~ REAL E~TATE 00 OCT 13 AH 10:26 Numbcr of pages TORRENS OCT ~ $ 2000' ' EDViAi:L~ ~. ~{0HAINE CLERK OF Scdal# TRANSFER TAX SUFFOLK COUNTY SUFFOLK Certificate # COUNTY ~ior CS, # :t0634 Deed ] Mortgage Inslmment Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 I FEES Page / Filing Fee ~:~9/', · -- Mortgage Amt. Handling '~ - -- 1. Basic Tax 2. Additional Tax --__. Notation Sub Total EA-5217 (County) Sub Total --~ / Spec./Assit. or EA-5217 (State) Spec./Add. Dual Town __ Dual County __ Comm. of Ed. 5.00 I Held for Apportionment __ 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 __ GRAN~,~r~TaL ~ If NO, see appropriate tax clause on page # of this instrument. Real Property Tax Service Agency Verification 6 Title Company Information /Od0 ~ 7b~ · 00 ~ iT.0'0 (~J~, {]0O ' Company Name ~ ~ Cash _ Check __ Charge ~ o2 y /~o~? ~ ,=~.~.~.,Z ~ / Payer same as R & R __ ]:~0~ o20g ~- =/ , .,(orifdifferent? RECORD& RETURN TO 7(ADDRESS) ~Suffolk County Recording & Endorsement Page This page forms part of the attached ~'-P~-X ~,rH -C,q/fi'~ /~,,,(~-~'/~O'//~-- made by: (SPECifY TYPE O~ .~]7 ~0 ~'. /~dW// .~ ~,,I/t~L,~ ,/t Thepremiseshereinissituatexlin ~ 4_~// SU~OL~ COtS~¥, ~W ¥O~. TO In the Township of ,~/-d,~/6/ / / In ~e VILLAGE or HAMLET of }lOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN }~LACK INK ONLY PRIOR TO RECORDING OR EILING.