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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 I ! i I t 1 t !