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HomeMy WebLinkAboutL 12675 P 260I I SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Tl~Oeof Inst=ument: EASEMENT ~,m~er of Pages: 10 Receipt Number : 11-0119306 TRANSFER TAX NUMBER: 11-06428 Distr~ct: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Sec=ion: Blook: 064.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 10/28/2011 02:42:47 PM D00012675 260 Lot: 010.001 Received the Following Fees For Above Instrument Exempt Page/Filing $50.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert.Copies $6.50 NO RPT Transfe= tax $0.00 NO Camm. Pres Fees Paid TRANSFER TAX NUMBER: 11-06428 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $20.00 $15.00 $o.oo Sso.oo $o.oo $151.50 Exempt NO NO NO NO NO JUDITH A. PASCALE Count-~ Clerk, Suffolk County This document will be pub(it record. Please remove all Social Security Numbers prior to recording, Deed / Mortgage instrument 31 Page / Filing Fee Handling 20. 00 EA-52 17 (County)  State) Comm, of Ed. 5. 00 Affidavit NYS Surcharge 15, 00 Other Deed /MortgageTax 5tamp Real Property Tax Service Agency Verification FEES ~ECORDED 2011 Ocz 28 ff2:42:47 PM CL~RK OF ~OLK CO.TV L ~0~12G75 P 260 DT~ 11-06428 Recording / Filing Stamps Sub Totai 7~?'0 GrandTotal /5t' ~ 1000 06400 1000 O~4OO OlO0 012000 :S Community PreservaUon F~I~ 'Consideration Amount $ ~ .................... :CPF Tax Due $ p IPATRICIA C, MOORE ESQ. I 51020 MAIN ROAD I SOUTHOLDNY 11971 I 310 Center Drive, Riverhead, NY 11901Ico Name I www.suffolkoountyny.gov/clerk iTitit;~, Mortgage Amt. 1. Basic Tax 2, Additional Tax Sub Total SpecdAssit, or Spec./Add, TOT. MTG. TAX Dual Town __ Dual County Held for Appointment,~t~_ Transfer Tax (' 1] ~Vlansion Tax The property covered by this mortgage is or will be improved by a one or Two family dwelling only. YES or NO ~ ff NO, see appropriate tax clause on page # of thisJnstrument, Improved__ Vacant Land TD TD Title Company Information Suffolk County Recording & Endorsement Page This page forms part of the attached EASEMENT by: (SPECIFY TYPE OF INSTRUMENT) SOUTHOLD PARK DISTRICT The premises herein Is situated in SUFFOLK COUNTY, NEW YORK~ made TO In theTOWN of SOUTHOLD STANTON In the VILLAGE or HAMLETof SOUTHOLD BOXES 6 THRU $ MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FLUNG. (over) EASEMENT THIS AGREEMENT made this 28~h day of April, 2011, SOUTHOLD PARK DISTRICT, a District Corporation organized and existing under and by virtue of the Laws of the State of New York (Chapter 234 of the Laws of New York, 1907), and acts amendatory thereto having its principal office at (no~) Terry Lane, (PO Box 959), Southold, New York as party of the first and PHILIP B. STANTON a/ida, PHILIP STANTON and JENNIFER LAMBERTS STANTON, a/Ida JENNIFER L. STANTON, a/Ida JENNIFER STANTON, both residing at 18 Orchard Street, Apt. 5, New York, New York 10022 collectively as party of the second part; WHEREAS, the party of the first part is an owner in fee simple of parcel of land, located 40 Town Creek Lane, Southold, New York, and designated as SCTM: ~.1 hereinafter referred to as Parcel I and more fully described in Schedule A attached hereto; WHEREAS, the party of the second part, as owner in fee simple of the parcel of land, located at 302 Town Creek Lane, Southold, New York, and designated as SCTM: ~ hereinafter referred to as Parcel 2, and more fully described in Schedule B, attached hereto, WHEREAS, the party of the first part intends to grant an easement to the party of the second part for a portion of parcel 1, said easement more fully described in Schedule C, attached hereto. WITNESSETH: NOW IN CONSIDERATION OF ($10.00) each and to the other paid and the receipt of which is hereby acknowledged and other good and valuable consideration the party of the first part hereby grants and conveys unto the party of the second part, their heirs, successor and/or assigns which shall come into title to said Parcel 2, a permanent and perpetual easement that runs with the iand, as described more fully in Schedule C, for purpose of the placement, installation, maintenance, repair, inspection and replacement of water lines, and the party of the second part, their heirs, successors and/or assigns, shall restore the area to its original condition after installation, maintenance, repair, inspection and replacement of such service utility over the premises Parcel 1. The cost of installation, maintenance and repair of said water line and to restore the area shall be bom solely by the party of the second part, their heirs, successors and/or assigns. The installation of said water l/ne within the easement area, as described in Schedule C, for the benefit of Parcel 2, must be with the consent of the Suffolk County Department of Health Services. This easement granted shall supersede all terms and conditions within the easement dated February 11, 2010 and recorded in the Suffolk County Clerk's office on Apdl 28, 2010 in Liber 12623 page 242. The party of the first part, its successors and assigns, retain unto themselves all rights to fully enjoy its aforedescdbed premises except for the purposes herein granted to the party of the second part. The aforementioned Ea.~ements contained herein shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of any agertcies or departments of the County of Suffolk, the DEPARTMENT, or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this easement nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. This grant of easement shall at all times be deemed a continuing covenant that runs with the land and shall be binding upon, and inure to the benefit of heirs, successors and/or assigns of all parties to this agreement. This grant of easement shall not be terminated or extinguished without the prior approval of the Suffolk County Department of Health Services. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written, Southold Park District By: Michaal(P. ~ag~r~[~T, on Chairman of the Southold Park Distri Board of Commissioners on, a/k/a Jennifer tanton State York County of SS: OI1 appeared the basis ¢ subscribed to the with executed the same in signature(s) on the which the individual(s) of~- '~/ , before, the undersigned, personally P. HAGERMAN, personally known to me or proved to me on evidence to the be individual(s) whose name(s) is (are) nstrument and acknowledged to me that he/she/they er/their capacity(les), and that by his/her/their l, the individual(s), or the person upon behalf of the instru merit. · 'NNIFER AROIZZON~ , State of New Yofl< State of New York ) ss: County of Suffolk ) On this~Z day of .~.~ ,~1 , before, the undersigned, personally appeared personally known to me or proved td 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(les), 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, executed the instrument. State of New York ) SS-' 0 n this ,~t/'~ay of ~/~/d"~e\fore, the undersigned, pe rso nelly appeared Philip B. Stanto'n and Jennifer Lamberts Stanton 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 lhe same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acled, executed the instrument. SCHEDULE A HD REF All that certain plot, piece, or parcel of lanai, situate, lying and being In the Town of Southo~d, Suffolk County, New York bounded and described es Beginning at a point which is the Northwest corner of the properly described, said point being 761 feel: +t- ge,~eralJy Southeast as measured along the East side of Youngs Avenue from the corner fo~'rned by the Intersection of the South side of Main Street (SR 25) and the East aide of Youngs Avenue; ,- Running thence from said Point of Beginning along lhe land now or formerly of Michael' & Jeanne Liegey South 87 degrees 38 mlnuterS 10 seconds East 62.08 feet to a point and the land now or formerly of Almet & Edwina Latson: Thence along the land now or formerly of Almet & Edwlna La,on the following four (4) courses and distances: 1) South 11 degrees 49 minutes 10 seconds E~st20,00 feettoa point; 2) Thence South 80 degrees 03 minutes 17 seconds East ,55.84 feet to a point;, 3) Thence North 04 degrees 24 minutes 03 seconds East 14.00 feet to a point; 4) Thence North 79 degrees 44 minutes 00 seconds East 47.05 feet to a point and the land now or formerly of Constance Bares; Thence along the land now or forme~ of Constance Barns and Town Creek Sou~ 11 degrees 47 minutes 52 seconds West 123.98 feet to a point; Thence along Town Creek South 83 degrees 35 minutes 55 seconds West 113.83 feet [o a potnt and the East side of Youngs Avenue; Thence along the East side of Youngs Avenue North 11 degrees 49 minutes 10 seconds West 146.60 feet to the Point of Beginning. SCHEDULE B HD REF # S10-0%0002 All that certain plot, piece, or parcel of lend, situate, tying and being In the Town of Southold, Suffolk County, New York bounded and descrfbed as follows; Beginning at an iron pfn which Is the Northwest comer of the property described, said point being the following slx (6) courses and distances from the comer krrrned by the lntersectlor~ of the South side of Main Street (SR 25)and the East side of Youngs Avenue: 1) South 10 degrees 20 minutes 20 seconds East 179,21 feet to a point; 2) Thence North 79 degrees 33 minutes 20 seconds East 183,73 feet to a point; 3) Thence South ,59 degrees 57 minutes 40 seconds East 60.33 feet to a point; 4) Thence South 19 degrees 43 minutes 40 seconds East 281,57 feet to a point; 5) Thence South 01 degrees 10 minutes 00 seoonds East 33.13 feet to a point; 6) Thence South 16 degrees 18 minutes 30 seconds East 103.84 feet to the Point of Beginning; Running thence from said Print of i~ginnlng along the land now or fom"~edy of Philip Stanton the forlowlng hvo (2) courses and distances: i) South 86 degrees 42 minutes 00 seconds East 169,59 feet to an iron pin; 2) Thenoe South 16 degrees 02 mlnu~es 30 seconds ~ast 52,33 feet to an iron pin and the lend now or formerly of Jennifer & Philip Stantan; Thence along the land now or formerly of Jennifer & Phl~ip Stanton the following two (2) courses and distances; 1) North 86 degrees 51 minutes O0 seconds West 91.70 feet to a point; 2) Thence South 11 degrees 15 minutes 10 seconds East 230.29 feet to a point and tie line along mean high water of Town Creek; Thence along a tie line along mean high water of Town Creek the following five (5) ~oursee and distances: 1) North 56 degrees 44 minutes 50 seconds West 43,05 feet to point; 2,1 Thence North 42 degrees 58 minutes 50 seconds West 17.43 feet to a point; 3) Thence South 86 degrees 1 t minutes 14 seconds West '19.02 feet to a point; 4) Thence North 62 degrees 58 minutes 12 seconds West i8,13 feel toe point; 5) Thence North 20 degrees 30 minutes 59 seconds West 12,83 feet to a point and the land now or formerly of Philip Stanten; Th~ce along the and now or fon~edy of Philip Stenton the forlowing ~ (2) courses and distances: 1) North 11 degrees 15 minutes 10 seconds We~t 178,01 feetl~ a point; 2) Thence North 18 degrees 18 minutes 30 seconds West 53.08 feet toffee Point Begrnntng. SCHEDULE C HD REF ~ ALL that certain plot, piece, or parcel of land, s~tuate, lying and being in the Town of Southotd, Suffolk County, New York, bounded and described as follows; Begrnning at a"point on the East side of Youngs Avenue which I$ the Northwest comer of the Water Line Easement described, said point being South 11 degrees 49 minutes 10 seconds West 2.69 feet 6'om the corner formed by the division line of the land now or formerly of Michael & Jeanne Ltegey and the land now or formerly of Southotd Park District; Running thence from sam Point of Beginning the fo. IlowJng three (3) courses and distances: 1) South 87 degrees 38 minutes 10 seconds East 62.08 feet to a point; 2) Thence South tt degrees 49 minutes 10 seconds East 10,31 feet to a point; 3) Thence North 87 degrees 38 minutes 10 seconds West 62.08 feet to a point and the East side of Youngs Avenue; Thence along the East side of Younge Avenue North 11 degrees 49 minutes 10 seconds East 10.31 feet to the Point of Beginning, yodnCjs Avende