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HomeMy WebLinkAboutL 12158 P 348GRANT OF EASEMENT This Grant of Easement made as of/k/0 I/. 7 ,2001 made by Pamela G. Mottley f/kIa Pamela A. Guinan) residing at 120 East 89t~ Street, Apt 2C, NY, NY 10128 hereinafter referred to as party of the first part and Patricia G. Rushin (formerly known as Patricia H. Guinan) and Robert K. Rushin, both residing at 120 River North Drive, Atlanta Ga. 30328, and hereinafter referred to as party of the second part; WHEREAS, the said party of the first part is the owner ora parcel of land in the Town of Southold, County of Suffolk, and State of New York, known as Suffolk County Tax Map #1000- 86-07- 5.2, (also known as parcel B); and the said party of the second part is the owner of adjacent parcel of land in the Town of Southold, County of Suffolk, and State of New York, known as Suffolk County Tax Map #1000-86-07-5.1,(also known as parcel A), and WHEREAS the Town of Southold Planning Board approved the subdivision of said properties into two (2) lots, Parcel A & Parcel B on a Minor Subdivision Map prepared for Pamela G. Mottley and Patricia Rushin dated October 29, 1999 prepared by Peconic Surveyors, P.C. and filed in the Office of the Suffolk County Clerk on October 16, 2001, as Map No. 10697; and WHEREAS, upon review and approval from the Suffolk County Department of Health Services the parties have installed individual wells on each lot, however in order to minimize the disturbance to the property, the water service lines have been trenched along the existing driveway on parcel A; WHEREAS, the water service line from the well on parcel B runs to the east, into parcel A, and then along the existing driveway in a southerly direction to a certain point wherein the water line returns to the existing house on parcel B, said water service lines are shown on the final approved subdivision map; WHEREAS, it was the intent of parties to install, and maintain said water service lines along the existing driveway on parcel A until such time in the future as a new access is provided for parcel B, exclusively on parcel B, or parcel B is sold, whichever first occurs; NOW, THEREFORE, WITNESSETH, FIRST: The party of the second part (Rushin) grants the right, privilege and authority to the party of the first part (Mottley) to install, maintain, improve, and repair the water lines for parcel B located on Parcel A, and restore, if necessary, existing driveway to original condition; SECOND: Pursuant to the Southold Town Planning Board subdivision condition of approval, any driveways shall access Indian Neck Lane via one common curb cut; the parties mutually grants and conveys to the other, their heirs, successors, and assigns an easement solely for the one common curb cut for driveway(s) access to Indian Neck Lane. THIRD: FOURTH: In the event that the existing driveway from the one common curb cut on Indian Neck Lane to the residence on parcel B is relocated, then said water line for parcel B shall also be relocated to within the boundaries of parcel B and the grant of water service line easement set forth herein shall, without any further action, be terminated and be null and void thenceforth. In the event parcel B is sold, or transferred to someone other than Pam Mottley or Mariah Mottley, the party of the first part shall relocate said driveway and water service line, and this easement for that purpose shall terminate, nevertheless, the easement for the common curb cut herein granted shall continue in full fome and effect The parties have duly executed this grant of easement the day and date first above written. Pa~fa'~*"~'i~ley (f/k/a Pamela A. Guinan) State of New York, County of ~r~,.~ ., ss: On the "F"day of P~ in the year.~before me the undersigned, personally appeared Pamela G. Mottley (f/lda Pamela A. Guinan) personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/heir capacity (ies), and that by his/her/their signatures on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument 41 Page / Filing Fee /~/ __ Handling ~ __ TP-584 Notation EA-52 17 (County) EA-5217 (State) Comm. of Ed. 500 Affidavit Certified Copy Reg. Copy Other Deed / Mortgage Tax Stamp FEES __SubTotal GRAND TOTAL lnitial~> Real Property Tax Service Agency Verification Dist. Section B lock 1000 086.00 07,00 Lot 005.001 005.002 Satisfactions/Discharges/Releases List Property Owners Mailing Address' RECORD & RETURN TO: Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RECORDED 2001 Dec 13 05:01:56 PM Edward P.Romaine CLERK OF SUFFOLK COUNTV L D00012158 P 348 DT# 01-18565 Recording / Filing Stamps Mortgage Amt. 1. 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. C0rrmaunity Preservation Fund Consideration Amount $ ¢ CPF Tax Due $ (~ / Improved Vacant Land TD TD TD 91 This page forms part of the attached Pamela G. Mottley TO Patricia G. Rushin and Robert K. Rushin 81 Title Company Information Co. Name Peconic Abstract, Inc. Title # 641-8-01498 Suffolk County Recording & Endorsement Page Grant of Easement made by: (SPECIFY TYPE OF INSTRUMENT ) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of Southold In the VILLAGE or HAMLET of Peconic BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. IOVER~ SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 6 TRANSFER TAX NUMBER: 01-18565 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 086.00 O7.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 12/13/2001 05:01:36 PM D00012158 348 'r,ot: 005.001 Received the Following Fees For Page/Filing $18.00 COE $5.00 Notation $0.00 RPT $23.00 Transfer tax $0.00 TRANSFER TAX NUMBER: 01-18565 THIS PAGE IS Above Instrument Exempt NO Handling NO TP-584 NO Cert. Copies NO SCTM NO Comm. Pres Fees Paid A PART OF THE INSTRUMENT Exempt $5.00 NO $5.00 NO $0.00 NO $0.00 NO $0.00 NO $56.00 Edward P.Romaine County Clerk, Suffolk County