HomeMy WebLinkAboutL 12675 P 258IIII
SUFFOLK COUNT~ CLERK
RECORDS OFFICE
RECORDING PAGE
T1~e of Instrument: EASEMENT
Number of Pages: 10
Receipt Number : 11-0119306
TI~NSFER TAX NUMBER: 11-06426
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
064.00 01.00
EX~Z~D AND CHARGED AS FOLLOWS
$o.oo
lO/2e/2oll
02:42:47 PM
D00012675
258
Lot:
010.001
Received the Following Fees For Above Instrument
Exempt
Page/Filing $50.00 NO Handling
C0E $5.00 NO NYS SRCHG
TP-584 $5.00 NO No~ation
Cert. Copies $6.50 NO RPT
Transfer tax $0.00 NO Co,un. Pres
Fees Paid
TRANSFER TAX N~ER: 11-06426
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
$20.00
$15.00
$o.oo
$70.00
$o.oo
$171.5o
Exempt
NO
NO
NO
NO
NO
~UDITH A. PASCALE
County Clerk, Suffolk County
N umber of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
RECO~EP
2011 Oct 28 02:¢2;47
J1J)ITN ~. P~E
~E~ OF
SU~OLK COUNTY
L D00012675
P 2~
~T~ ti-0~26
D~ed / Mortgage Instrument Deed / Nlongage Tax Stamp I Recording / Filing Stamps
FEES
31
Page / Filing Fee
Handling
~otaUon
20. O0
EA-S217 (County) Sub Total -~'~-'~
EA-5 217 (:State)
' R.P.T.S.A. '~-'~'~ '") ~ '""
Comm. of Ed. 5. O0
Affidavit
~ Certified Copy
NYS Surcharge
Other
4 Joist.
Real Property
Tax Service
Agency
Verification
15. 00
Sub Tota I
Grand Total
I000 06400
1000 06400
1000 06400
ot b$°
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
SpecJgssit`
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County __
Held for Appointm~l
TransferTax
Mansion Tax
T~e property covered by thL~ mortgage is
or will be improved by a one or two
family dwelling only.
YES ~ or NO
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
PATRiCIA C. MOORE ESQ.
51020 MAIN ROAD
SOUTHOLD NY 11971 TO
I Mail to: Judith A. PascaJe, Suffolk County Clerk i 7 ' Title Company Information
310 Center Ddve, Riverhead, NY 11901 Co. Name
www.s uffolkcou ntyny.gov/clerk
Title #
Suffolk Coun,.ty Recording & Endorsement P ge
t"") l-~ ~ ,If NO..see appropriate tax da use on
· ' [~) J page# oft,his Instrument,
0100 O10001'10 I "
0100 014006 ...$ ]CommunityPreservationFun.d
0100 014005 · ~
'Consideration Amount $
Improved~
Vacant I.~nd ~
TD /D
TD
This page forms part of the attached
by:
SOUTHOLD PARK DISTRICT
EASEMENT
(SPECIFY TYPE OF INSTRUMENT}
The premises herein is situated in
SUFFOLK COUNTY', NEW YO RfC
made
TO tn the TOWN of ,,$OUTHOLD
SIEGERT In the VILLAGE
or HAMLET of,,,,,.SOUTHOLD
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
{over}
EASEMENT
THIS AGREEMENT made this 22~ day of August 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 prihcipal office at (no~) Terry Lane, (PO
Box 959), Southold, New York as party of the first and ERiC SIEGERT, residing
at 1704 Kenwood Parkway, Minneapolis, Minnesota, 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: ~.t hereinafter referred to as Parcel t, and as mom fully
described in Schedule A attached hereto; and
WHEREAS, the party of the second part, as owner in fee simple of the
parcel of land, located at 400 & 650 Town Creek Lane, Southold, New York, and
designated as SCTM: ~.5 & t4.6 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
land, 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 born solely by the party of the second part, their heirs,
successors and/or assigns.
The installation of said water line 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.
The easement granted shall supercede ali terms and conditions within the
easement dated February 11, 2010 and recorded in the Suffolk County Clerk's
office on April 28, 2010 in Liber 12623 page 246.
The party of the first part, its successors and assigns, retain unto
themselves ali rights to fully enjoy its aforedescribed premises except for the
purposes herein granted to the part of the second part.
The aforementioned Easements 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 agencies or departments of the
County of Suffolk, the DEPARTMENT, or the County of Suffolk to enforce the
same shall not be deemed to affecl 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
Chairman of' the South'~ld Park District
Eric Seigert
State of New York )
County of Suffolk )
day of ~. ~-[, ~Olt, before, the undersigned, personally
On
this
appeared
personally known to me or proved ~o 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, executed
the instrument.
Notary P~lic
ELIZABETH A. FtNNE
Nota,-y Publi~, State of New York
No. 4653666
Ouajified in Suffolk County
Commissio n Expires Novembe,~ 30, -.~,~
STATE OF MINNESOTA
COUNTY OF
)
) SS,;
On the day o~, 2011, before me, the undersigned, personally appeared
ERIC SIEGERT personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity and that by his signature
on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument and that such individual made such appearance before the
undersigned in the . (Insert the city or other political
subdivision and the state or country or other place the acknowledgment was taken.).
Notary Public
STATE OF MINNESOTA )
) SS.:
COUNTY OF
On the ~ day of /~ , 2011, before me, the undersigned, personally
m
appeared ERIC SIEGERT personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity and that
by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrl~ment and that such ind, ividual made such appearance
before the undersigned in the ~L~C~ ~'~ d..,g~/[~ . (Insert the city or
other political subdivision and th~ st~lte ~'~:'cou'~y 0'~"~i~'~'r-"i~'i~i'(~'~'"ti~'"a'~knowledgment was
taken.).
' Notary Public
SCHEDULE A
Ali that certain p[o~, prace, or parcel of land, situate, lying and being In the Town of $outhold,
Suffoik County. New York bounded and described as follows;
Beginning at a point which Is the Northwest corner of the property described, said point being 761
feet +/, gene~lly Southeast as measured along the East side of Youngs Avenue from the c~omer
formed by the intersection of the South side of Main Street ($R 25) and the East side of Youngs
Avenue;
Running thence from said Point of Beginning along the land now or fortnerly of Mlohael & Jeanne
Llegey South 87 degrees 38 minutes 10 seconds East 62.08 feet to a point and the land now or
~ormerly of Almet & Edwtna Latson;
Thence along the ~and now or formerly of Aimet & Edwina Latson the following four (4) coumas
and distances:
I) South 11 degrees 49 minutes 10 seconds East 20.00 feetto a point;
2} Thence South 8[3 degrees 03 minutes 17 seconds East 65.84 feet to a point;
3) .Thence North 04 degrees 24 minutes 03 seconds East 14.00 feet to a polr~t;
4) Thence North 7'9 degrees 44 mlr~utas 00 seconds East 47.05 feet to a point and the land
now ot formerly of Constance Bares;
Thence a~ong the land now or formerly of Constance Bares and Town Creek South 11 degrees
47 minutes 52 seconds West 123.98 feet to a poinl~
Thence along Town Creek South 83 degrees 35 minutes 55 seconds West 113,83 feet to a point
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 Beglr~ning.
SCHEDULE B
All that certain plot, piece, or pamel of land, situate, lying and being in the Town of Southold,
Suffolk County, New York bounded and described as follows:
Beginning at a stake which is the Northwest comer of the property described, said point being the
following four (4) courses and distances from the comer formed by the intersection of fl~e South
side of Main Street (SR 25) and the East side of Youngs Avenue:
=.
1) South 'I0 degrees 20 minutes 20 seconds East 199.21 feet to a point;
2) Thence North 79 degrees 33 minutes 20 seconds East 176.39 feet to a point;
3) Thence South 59 degrees 57 minutes 40 seconds East 45,63 feet ~ a point;
4) Thence South 19 degrees 43 minutes 40 seconds East 191.80 feet to the Point of
Beginning;
Running thence from said Point of Beginning along the land now or fortned¥ of Robert L. & Amy
A. Gammon North 71 degrees ,33 minutes 10 seconds East 18,3.40 feet to a point and the land
now or formerly of Tara & Wiltiam Nick;
Thence along the land now or formerly of Tara & William Nick and the land now or formerly of
Paul Hoyt & Maureen O'Donnelle South 16 degrees 40 minutes 40 seconds East 184,01 feet to a
concrete monument;
Thence along the land now or formerly of Paul Hoyt & Maureen O'DonneIle North 73 degrees 53
minutes 30 seconcts East 85.60 feet to a concrete monument and the land now or formerly of
Ntrrengarten Trust;
Thence along the land now or formerly of Nirrengarten Trust South 16 degrees 0§ minutes 30
seconds East 168.15 feet to a concrete monument and the land now or formerly cf Jennifer &
Philip Stanton;
Thence along tan:t now or formerly of Jennifer & Philip Stanton the followfng five (5) courses and
distances:
1) South 85 degrees 25 mtnutas 52 seconds West 95.73 feet to an Iron pin;
2) Thence North 16 degrees 02 minutes 30 seconds West 52.33 feet to an iron pin;
3) Thence North 86 degrees 42 minutes 00 seconds West 169,59 feet to an iron pin;
4} Thence South 16 degrees 18 minutes 30 sebonds East 53.08 feet to a point;
5) Thence South 11 degrees 15 minutes 10 seconds East 178.01 feet to a point and'de line
along mean high water of Town Creek; .
Thence along said tie line'North 67 degrees 01 minutes 19 seconds West 24. lg feet to a point
and the land now or i'ormeriy of Constance Bares;
Thence along the land now or formerly of Constance Bares the following two (2) courses and
distances: '
I) North 11 degrees 1,-5 minutes t0 seconds West 163.52 feet to a point;
2) Thence North 16 degrees 18 minutes 30 seconds West 52.19 ~et to a point;
Thence along the land now or formerly of Consbance Bares and the land now or formerly of
Laurene Gammon No~d3 16 degrees .51 minutes 40 seconds West 102,84 feet to a point;
Thence along the land now or formerly of Laurene Gammcm the ~low[ng two (2) courses and
distances:
1) North 01 degrees 10 minutes O0 seconds West 38.32 feet to a concre~ monument;
.2) -T. hence~North .19deg roes 43.minutes.40.seconds-West.79~18-feet-to-the .Point-of
Beginning.
SCHEDULE. C
HI) REF~
ALL that certain plot, piece, or parcel oftand, situate, lying and being in the Town of $outhold,
Suffolk County, New York, bounded and described as follows:
Beginning at a.l~oint on the East side of Youngs Avenue which is the Northwest oomer of the
Water Line Easement described, said point being South 11 degrees 49 minutes 10 seconds West
2.69 feet from the comer farmed by the division line of the land now or formedy of Michael &
Jeanne Llegey and the land now or formerly of Southold Pa~ District;
Running thence from said Point of Beginning the forlowing three (3) courses and distances:
1) South 87 degrees 38 minutes 10 seconds East 62.08 feet to a point;
2) Thence South 11 degrees 4/t minutes 10 seconds East 10.31 feet to a point;
3) Thence North 87 degrees 38 mlnums 10 seconds West 62.08 feet to a point and the East
side of Youngs Avenue;
Thence along the East sk/e of Youngs Avenue Norlfl 11 degrees 49 minutes 10 seconds East
10.31 feet to the Po/hr of Beginning.
youngs
AvenUe
SCHEDULE D
CONSENT OF MORTGAGEE/LIENOR
H.S. REF, NO~
NAME OF SUBDIVISION - PHILIP STANTON & JENNIFER STANTON
NAME OF MORTGAGEE: "MERS" iS MORTGAGE ELECTRON lC REGISTRATION
SYSTEMS, INC. AS NOMINEE FOR US BANK, NA. ("Mortgagee"), as the holder
of a First Mortgage by Mortgage in Liber 21942, mp 820, hereby consents to this
matter.
STATE OF K~t~UCKY
COUNTY OF DAVZ~.SS
SS.:
On thc t~eh day of August 2011, before mc, the undersigned, liersonally
appeared ,',~ber 1,~ontgoaery, .~sJ. stanc seczetary personally mown to mc
or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity and that by his signature on the instrument the individual, or the person upon behalf
of which the individual acted, executed the instrument and that such individual made such
appearance before the undersigned in the 0we, sboro, kentucky .
or oth~'political subdivision and the stme ~ country ar otl~er place Itm octmo~ledgment
"MERS" iS MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS
NOMINEE FOR US BANK, NA.
kaber ~ontgomer~ ~sist~nt Secretary
~: -. ..... ~..-'~
Notary Public: Stephanie Houser
lloeary ~D~: 406488
~ly Commission Expires on October 9, 2013