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HomeMy WebLinkAboutL 12675 P 262SUFFOLK COUNT~ CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT N,lmher Of Pages: 10 Receipt N,--~er : 11-0119306 TRANSFER TAX NUMBER: 11-06430 District: 1000 Deed Amount: Recorded: At: LIBER: P~E: Section: Block: 064.00 01.00 EXAMINED AND CHAR~ AS FOLLOWS $0.00 10/28/2011 02:42:47 PM D00012675 262 Lot: 014.008 Received the Following Fees For Above Znstrument Exempt Page/Filing $50.00 NO Handling COE $5.00 NO NYS SRCBG TP-584 $5.00 NO No~a~ion Cert. Copies $6.50 NO RPT Transfer tax $0.00 NO C~.Pres Fees Paid TRANSFER TAX NUMBER: 11-06430 THIS PA~E IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $20.00 $15.00 $o.oo $ o.oo $o.oo $171.5o Exempt NO NO NO NO NO JUDITH A. PASCALE Count~ Clerk, Suffolk County umber of pages This document will be public record. Please remove all Social Security Numbers prior to recording, RECORDED 2011 Oct, 25 02:42:47 PH JUDITH R, PRSCI:II_E [;L ERK OF DJFF~U( COUNTY L D00012675 P 262 DT# 11-064~0 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp ] Recording / Filing Stamps Page / Filing Fee ~)  20. O0 5 Notation EA-S2 17 (County) EA-5217 (S'mte) Camm. of Ed. 5. 00 Affidavit NYS Surcharge 15, O0 Other 4.~Dist. 100C Real Property ~ Tax Service Agency Verification Sub Total Mortgage Amt. 1, Basic Tax 2. Additional Tax Sub Total Spec/Assit. 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 family dwelling only. YES or NO ~ Grand Tota~ / ?/' '~-~ /-~ iIf NO, see appropriate tax clause on ~ [p~ge# , of this Ins~T2~D./, iaaa aeaoo aloe ol4ooB'j~0 iaaa o&400 Ozoo ol4oos ~ ~ S {Communi~ Pre~aU~ Fund CPF T~ ~e S Satisfactions/Discharges/Releases List Property Owners Mailing Address Rl~CORD & RETUR~ TO; P^TRICI^ C. MOORE ESQ. slo o MAIN ROAD SOUTHOLD NY 11971 Marl to: Judith A. Pascale, Suffolk County Clerk I ? ] Title Company Information 310 Center Drive, Riverhead, NY 11901 Ica Name " www.suffolkcountyny.gov/clerk I~ .... Suffolk County Recording & E'ndorsement Page Improved Vacant Land TD /0 TD TD This page forms part of the attached by: STANTON EASEMENT (SPECIFY TYPE OF INSTRUMENT) The premises herein Js situated in SUFFOLK COUNTY, NEW YORK. made TO In theTOWN of SOUTHOLD SIEGERT In the VILLAGE or HAMLETof SOUTHOLD BOXES 6 THRU 8 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, PHiLiP B. STANTON, a/Ida PHILIP STANTON and JENNIFER L. STANTON, a~Ja JENNIFER LAMBERTS STANTON, a/ida JENNIFER STANTON, both residing at 18 Orchard Street, Apt. 5, New York, New York 10022 collectively as party of the first part 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 720 Town Creek Lane, Southold, New York, and designated as $CTM: ~.8 hereinafter referred to as Parcel 1, and more fuIly 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 the parcel of land described in Schedule A, 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 inslallation, maintenance, repair, inspection and replacement of such service utility over the premises more particularly described in Schedule A. 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 supersede all terms and conditions within the easement dated February 11,2010 and recorded in the Suffolk County Clerk's office on April 28, 2010 in Libor 12623 page 247. The party of the first part, its successors and assigns, retain unto themselves all rights to fully enjoy its aforedescribed premises except for the purposes herein granted to the party 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 affect the varldity 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 ali times be deemed a continuing covenant thai 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. ~-LIP STANTON ~ON State of'New York ) SS: County of/,4,]~4'-/n~ On this2~>%ay of J*~-/:~"f '~'0[!, before, tho undersigned, personally appeared PHiLiP B. STANTON and jENNiFER L. STANTON personally known to me or proved to me on the basis of satisfa~o~ evidence to the be individual(s) whose name(s) is (am) subscribed to the within instrument and acknowledged to me that he/she/they executed ihe same in his/her/their capacity(ies), and that by hisSer/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 MINNESOTA ) )ss.: cou. On the ~'~ day of ~ ,2011, before me, the undersigned, personally appeared ERIC SIEGERT p'e'rsonally 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 inst~rn, ent andj .h~.t such individuaJ made such appearance before the undersigned in the [1~ ~,~~~_~' _~,_~ . (insert the city or other political subdivision and the ~tate~r c~u~try or other place th~acknowledgment was taken.). Notary Public SCHEDULE A HD REF ~ All that certain plot, piece, or parcel ~f land, situate, lying and being in the Town of $outhold, Suffolk County, New York bounded and described as follows: Beginning at a point which is the Northwest comer of the property des~bed, said point being the following two (2) courses and distanoes from the comer k~'rned by the intersection of the South side =f Main Street (SR 25) and the East side of Youngs Avenue: 761 feet more or less, generally Southwest along the East side of Youngs Avenue to a point; Thence South 87 degrees 38 mlnutas 10 seconds East 62.08 feet to the Point of Beginning; Running thence from said Point of Beginning along the land now or formerly of Michael & Jeanne Uegey South 87 degrees 38 minutes 10 seconds East 61.21 feet to point and the land now or formerly of Constance Bares; Thence along the land now or formedy of Constance Bares the follow}ng throe (3) courses and distances: 1) South 04 degrees 24 minutes 03 seconds West 2.44 feet to a point; 2) Thence North 79 degrees 44 minutes 00 seconds East 88.24 feet to a point; 3) Thence South 76 degrees 54 minutes 00 seconds East 58.47 feet to a point and the land llow or formerly of Jennifer Stanton; Thence along the land now or formerly of Jennifer Stanton South 11 degrees 15 minutes 10 seconds East 11,40 feet to a point;, Thence along the land now o~ formerly of Constance Bares the fo]lowing two (2) courses and distances: 1) North 77 degrees 57 minutes 40 seconds West 4.50 ~et to a point; 2) Thence North 76 deg'rees 54 minutes 00 seconds West 56.60 feet to a point; Thence along the land now or form~y of Constance Bares and the land now or formerly of Southold Park District South 79 degrees 44 minutes 00 seconds East 88.79 feet to a point; Thence along the land r~ or formerly of Southold Park Dtstrict the folk~ing three (3) ceumes and distances: 1) South 04 degrees 24 minutes 03 seconds West 14.00 feet to a point; 2) Thence North 80 degrees 03 minutes 17 seconds Wast ,55.84 feet to a point; 3) Thence North 1 'i degrees 49 minutes 10 seconds West 20,00 feet to the Point of Beginning. SCHEDULE B HO REF # ~ All that certain plot, piece, or parcel of land, situate, lying and being In the Town of Southold, Suffolk County, New York bounded and des~bed as fotlows: Beginning at a stake whic~ is the Northwest comer of the property described, said point being the following four (4) courses and distances from the corner formed by the interse~ion of the South side of Main St~.eet (SR 25) and the East side of Youngs Avenue: 1) South 10 degrees 20 minutes 213 seconds East 199,21 feet to a potnl;; 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 taa poi~ 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 formerly of Robert L. & Amy A. Gammon North 71 degrees 33 minutes 10 seconds East 183.40 feet to a point and the land now or formerly of Tara & W1tliam Nick; Thence a~ong the land now or formerly ofTam & William Nick and the land now or formerly of Paul Hoyt & Maureen O'Donnelle South 16 degrees 40 minutes 40 seconds East 184,01 fee~ to a concrete monument; Thence along the land now or formerly of Paul Hoyt & Maureen O'Donnelle North 73 degrees 53 minutes 30 seconds East 85,60 feet to a concrete m'~ument and the land now or formerly of Nirrengarten Trust; Thence along the land now or formerly of Nirreagarten Trust South 16 degrees 06 minutes 30 secor~s East 168.19 feet to a concrete monument and the land now or formerly of J~nnifer & Philip Stenton; Thence along land now or formerly of Jennifer & Phllip Stanton the following five (5) courses and distances: ,1) South 85 degrees 25 minutes 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 seconds East 53.08 feet to a point; 5) Then=e South 11 degrees 15 minutes 10 seconds East 178.01 feet to a point and l~e [Ina along mean high water of Town Creek; Thence along said fie line North 67 degrees 01 minutes 19 seconds West 24,19 feet to a point and the land n__o.._w_o._r ~ormerly of Constance Bares; Thence along the land now or formerly of Constance Bares the following two (2) courses and distances: 1) North 11 degrees 15 minutes 10 seco~dsWest 153.52 feetto a point; 2) Therme North 16 degrees 18 minutes 30 seconds West 52,19 feet to a point; Thence along the land now or formerly of Constance Bares and the lend now or formerly of Laurene Gammon North 16 degrees 51 minutes 40 seconds West 102,84 feet to a point; Thence along the land now or formerly of Laur~ne Gammon the following two. (2) courses and distances: ...... -l.)--North.0~deg rees~l 0-minutes.00.seconds.West.36.32.feet.to.=,co_ n _=mte. mo_nU me. nt; ................. ~' ~ 2) Thence North 19 degrees 43 minutes 40 seconds West 79.18 feet to the Point of I~anin nlnx'l SCHEDULE C HD REF ~ ALL that certain plot, piece, or parcel of land, situate, lying 'and being in the Town of Southold, Suffolk County, New York, bounded and described as follows: Beginning et.~ point which is tho Northwest comer of the Water Line Easement described, said point being the following two (2) courses and distances from the corner formed by the divislon llne of the land now or formerly of IMlcheel & Jeanne Liegey and the land now or formerly of Southold Park District 1) South 11 degrees 49 minutes 10 seconds West 2.69 feet to a point; 2) Thence South 87' clegrees 35 minutes 10 seconds East 62,08 feet to the Point of Beginning; Running thence from said Point of Beginning the following nine (9) courses and distances: 1) South 87 degrees 38 minutes 10 seconds Ea;st 59.72 feet to a point; 2) Thence North 79 degrees 44 minutes 00 seconds East 89.00 feet to a point; 3) Thence South 76 degrees 54 minutes 00 seconds East 58.45 feet to a point; 4) Thence South 11 degrees I5 minutes 10 seconds East 11.40 feet to e point; 5) Thence North 71 degrees 57 minutes 40 seconds West 4.50 feet to a point; tS) Thence North 76 degrees 54 minulss 00 seconds West 56.60 feet to a point; 7) Thence South 79 degrees 44 minutes 00 seconds West 88.04 feet to a point; 8) Thanes North 87 degrees aa minutes 10 seconds West 58.30 feet to a point; Thence North 11 degrees 49 minutes 10 seconds West '10.31 feet to the Point of Beginning. IIIIIII SCHEDULE D CONSENT OF MORTGAGEE/LIENOR H.S. REF. NO~ NAME OF SUBDIVISION - PHiLiP STANTON & JENNIFER STANTON NAME OF MORTGAGEE:"MERS' IS MORTGAGE ELECTRONIC 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 COUNTY OF DAVIESS ) "MERS" IS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR US BANK, NA. Amber Montgomer~ ~istant Secretary On thc 4ch day of August: 2011, before mc, thc undcmigned, personally appcarcd Amber ylontgo~ery, A~s~g~-~iii~. ~i~6¥e{~ary personally known to mc or proved to me on thc b~sis ofsa6sfactory evidence to bc thc individual whose name is subscribed to the within instrument and acknowledged to mc that hc cxccmed the same in his capacity and that by bersignature on the instmmemt, the individual, or thc person upon behalf of which the individual acted, executed the insmunent and that such individual made such appearance before the undersigned in thc Owendboro, Kentucky . (In~ert the city or other political subdiv~ion and the state or country or other plac~ tl~e acknowledgment was takers). Notary ID~: 406488 My CommtsBion Expires on October 9, 2013