HomeMy WebLinkAboutL 12667 P 123SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PA~E
Type of Instrument: RIGHT OF WAY AGREEMENT
Number of Pages= 5
Receipt Number : 11;0085608
TRANSFER TAX NUMBER= 11-00056
1000
Deed Amoun=:
Recorded:
~.IBER:
PAGE:
Sec ~:lon: Block:
050.00 01.00
EXAMINSD AND CHARGED AS FOLLOWS
$o.oo
Received the Foll~ing Fees For Above Instrument
~empt
Page/Filing $25.00 NO Handling
COZ $5,00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert.Copies $5,20 NO RPT
Transfer tax $0.00 NO Comm. Pres
Fees Paid
TRANSFER TAX NUMBER: 11-00056
THIS PAGE IS A PART OF THE INSTRUMENT
T~IS IS NOT A BILL
JUDITH A. PASCALS
County Clerk, Suffolk County
o8/ol/;O1
01:09:11 L:~
D00012667
123
Lot:
013. 001
$20.00 NO
$15,00 NO
$0.s0 NO
$30,00 NO
$0.00 NO
S105.70
N umber of pages S/
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
al
Deed / Mortgage TaK Stamp
FEES
RECOROED
2011P~9 O1 01:09:11
JU~!TH ~. PA$¢RLE
6LERK 5F
SLFFOLK COUNTY
L DOOO~2~6?
P
DT# 11-000S6
Recording / Filing Stamps
Page / Filing Fee
Handling 20. 00
TP-584 S '"
Notation
ER-S2 17 {County)
EA-5217 (State)
.90 -
Comm. of Ed. 5. O0
AflK,:lavit
Certified Cop~.C
N¥~ Surchar§~
Other
SubTotal ~'-~ · ~'~)
15. 00
Sub Total
Grand Total
1000 05000 0:I. 00
4 JDIst. I~
Heal Property
Tax Service
Agency
Verification
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
PATRICIA C. MOORE ESQ.
51020 MAIN ROAD
SOUTHOLD NY 11971
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Rive~ead, NY 11901
www.suffoikcountyny.govlclerk
I:o. ~ame
ITitle #
Mortgage Amt.
1, Basic Tax
2. Additional Tax
Sub Total
SpecYAssit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County
Held for Appointment __
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
famliy dwelling only.
YES ~ ot NO__
If NO, see appropriate tax clause on
page # __ __ - of this instrument.
7- b- t
Community Preservation Fund
Consideratior[ A~ount $
CPF Tax Due $
Improved__
vacant Land
Title Company Information
s Suffolk County Recording & Endorsement Page
This page forms pan of the attachect COVENANT TO RELINQUISH PART OF RIGHT OF W3i~made
by: (SPECIFY TYPE OF INSTRUMENT)
CATHRIN M. STICKN£Y LIVING TRUST The premises herein is situated in
SUFFOLK COUNTY, NEW YORK,
TO In the TOWN of SOUTHOLD
CATHRIN M, STICKNEY LIVING TRUST In the VILLAGE
orHAMLETof SOUTHOLD
BOXES 6 THRU 8 MUST 8E TYPED OR PRINTED ~N 8LACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
COVENANT TO RELiNQUISH PARTOFRIGHT OF WAY
On thi of July, 2011 the undersigned, Cathrin M.
Stickn~y, a~'Trustee of the Cathrin M. Stickney Living Trust,
residing at 1050 Hyatt Road, Southold New York 11971, the owner
of certain real property located at 1858 Hyatt Road, in the Town
of Southold, County of Suffolk, State of New York bearing the
Suffolk County Tax Map Number .......... 1 make the following
indenture, and herein attached Schedule A;
Whereas, the undersigned has an application to the Town of
S0uthold for a building permit to construct a garage located 25.5
feet from the easterly property line, which property line is
intended to be a side yard;
Whereas, by deed dated September 17, 2008, recorded on
September 29, 2008 at the office of the Suffolk County Clerk at
Liber 12566, page 596; said deed includes a right of way
described as follows:
"the use, in comraon with others, a right of way 30 feet in width
from the easterly corner of the premises and adjacent thereto for
the full extent thereof, southwesterly and 250 feet together with
the right to the use in common with others of a right of way 30
feet in width over land of Walter E. Hyatt extending.from the
northerly line of the above mentioned right of way southeasterly
about 900 feet to Sound Avenue"
Whereas, the property and the portion of the right of way
being relinquished for vehicular access is shown on a survey
prepared by Peconic Surveyors, P.C. dated July 13, 2011 as
Exhibit B;
whereas, that portion of the 30 foot right of way which runs
along the easterly p~ope~ty line of the premises, running
approximately 247 feet in length, has not been opened as a road
and terminates at land owned by the Southold Park District;
Whereas, the last 143.37 feet of the 30 foot right of way
running along the easterly property line of the premises to the
land of the $outhold Park District is intended by the undersigned
to be extinguished for vehicular use;
NOW, THEREFORE, WITNESSETH,
FI RST:
The undersigned, its successors and assigns,
hereby extinguishes the use or travel by vehicle
that portion of the 30 foot right of way which
creates a '~front yard" setback for the proposed
garage in accordance with the provisions of the
SECOND:
Southold Town Code chapter 280 (definition of
front yard), but reserves continued pedestrian
use, including for any and all utilities, of the
38 foot right of way;
The last 143.37 feet of the 30 foot right of way
running along the easterly property line of the
premises to the land of the Southold Park District
is hereby intended to be extinguished for
vehicular access and a diagram of the portion of
the right of way which is hereby abandoned for
vehicular access is herein attached as Exhibit B;
Grantor has duly executed this extinguishment of part of the
grant of the right of way the day and date first above written.
IN PRESENCE OF:
/Cathrin M. Stickney Living Trust
C~thrin M. Sti~kney, ~rfiSt~e ......
State of New York )
ss:
County of Suffolk )
On thi~ay of July,. 2_011, before, the undersigned,
personally appe- ared CATHRIN M. STICKNEY, personally known to me
or proved to me on the basis of satisfactory evidence to the be
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/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted, execu~6~ the
instrument.
· ALL that eer~n plot, piece or parcel of land. with thc buildings and improvcme, nts thereon
erected, situate., lying and being at Horton's Point, near Soulb. old, counU' of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at a concrete monument set at the westerly comer of land conveyed by Walter E.
Hyatt lo George p. ~wis by deed dated Sune ] 2, 1950, said land now or formerly of Banick;
RUN'NL-MG Th"ENC]5 on ibc extension westerly of the aorthwest~rly boundary line of said la.nd
conwygd to Lewis, South 44 degr~s $2 minutes 20 ~conds West, 15.6]
RUNNING THENCE along the northeasterly lir~ of a certain I $ foo~ right of way, h¢~
described as North 61 degrees 14 minutes We~t, 203.66 ~ to land now or.formerly of Schifria
and Yarn/kerf;
RUNNING THENCE along said lands North 28 degree~ 46 minu~s East, 197.68 fo~t to lands
now or formerly of the Southotd Park District;
RUNNING THENCE along said lands tho following thre~ courses and distances:
South 73 degxgaa 24 minutes i 0 seconds East, 23 !.72 feet;
So, nh 58 degrees 34 minutes 40 seconds East, 25,57 feet;
-South 40 degrees 4l minutes 20 sesonds East, 21.64 feet to the 30 foot right of way
and said Ia~d now or formerly of Banick, formerly of Lewis;
RUNNING THENCE along tho westerly side of righ! of way and land now or formerly of
Banick, former]y of Lewis, South 44 degees 52 minutes 20 seconds West, 231.85; feet to the
po/hr or phce of BF..~INNL~,,'G.
T .OG-E~ with a right of way 15 fee~ in width ov~- l~d now or formerly of Walter E. Hya~,
the southw~at~ly line of which/a palatial with and 15 f~et ~ath'~,'est~rly bom the southwesterly
botmdary line of the prengses he. celnabove described m~asured at right angles thereto; from the
southwe, stegly,cortmr of the prem/~cs southeasterly, about 200
TOGETHER with the use, in common with others, of a rigia of way 30 feet in width from the
ea.$terly e. orner of the In-Cruises and adjacent thereto for the full extent thereof. ,southwesterly and
250 feel together with the right to the use in common with others of a righi of way 30 feet in
~w~dih over land of Waiter E. Hyatt emending from thc northerly line of the above memioned
fight of way southeasterly about 9{)0 feei to Sound View Aveaxu¢;
ALSO with a right of way 30 feet ia width over land now or formerly of George P. Lewis from
the north~tsterly corner of the premises heminabovc described southwesterly about 120 feet to
another 30 foot fight of way as described above;
RESERVBqO, Iaou,ze~er, to Walter E. Hyatt, his legal r~pres~,tafives and assigns,, a right of way
15 fc'~ in width across the southwesterly end of the premises hereinabove d~e_ribed, and
northeasterly line of which is parallel vAth and t5 feet northeasterly from the muthwesterly
boundary line of the premises measu~d at fight angle8 thereto;
RESERVING, however, to Waiter E. Hyatt, his legal representative and assigns, a right of way
10 feet in width across thc southeasterly end of the premises herein above described the
northwesterly line of which is parallel with and 10 feet northwesterly from the southeasterly
boundary line of thc premises measured at right angles thereto, said 10 f~ fight of way is to be
used until such time as the 30 foot right ofw~y over land of Lewis as desexibed above is made
passable for veMoies and pedestriaas,, at which time the ~¢ of said 10 foot right of way will
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