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HomeMy WebLinkAboutL 12675 P 263SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Number of Pages: 10 Receipt Number : 11-0119306 TRANSFER TAX NUMBER: 11- 0 64 31 Distriot: looo Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 064.00 01.00 EXAM/NED AND CHARGED AS ~O~LO~$ $o.oo 10/28/2011 02:42:47 PM D00012675 263 Lot: 014.00-~ 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 Transfer ~ax $0.00 NO Co~.Pres Fees Paid TRAN$~ TAX NUMBER: 11-06431 THIS PAGE IS A PART OF THE INSTRUMENT THIS /S NOT A BILL $20.00 $1s.00 $o.oo $70.00 $0.00 $1~1.S0 Exempt NO NO NO NO NO JUDITH A. PASCALE County Clerk, Suffolk County Number of pages /0 This document will be public record. Please remove all Social Security Numbers prior to recording. REO3RDEO 2011 Oct, 2~ 02:42:47 PH JUDITH R. PRSCRLE CLERK OF SUFFOLK COUNTY P Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I P~ecording / Filing Stamps FEES Page / Filing Fee ~_~LY Handling 20. 0O Notation FA-52 17 (County) SubTotal EA-S217 {State) Corem, of Ed. 5. O0 Affidavit Surcharge 15. 00 Sub Total ~' NY5 Other Mortgage Amt. - -, 1. Basic Tax :~, Additional Tax SubTotal 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 fatuity dwelling only. YES or NO ,~ Grand Total I"'~/- ~) ~pagelf NO,# see~ofthisappropriateinstm~ax cla~See,z, on I I ~ooo o64oo o~oo o~40os 4 Dist, I000 1000 06400 0100 014007 RealProperty ~ lO00 0~400 0100 ozaooe~0 Tax Service Agency [ Cp~_~T~a~ Due $ Verification ................ ~t/ Improved 6 Satisfactions/Discharges/Releases List Properly Owners Mailing Address RECORD & RETURN ~O: Vacant Land To PA,mC~^ C. uO0~ ESO. 51020 MAIN ROAD TD SOUTHOLD NY 11971 TD Mail to: Judith A. Pascale, Suffolk Clerk 71 Title Company Information 310 Center Drive, Riverhead. NY 11901 Co. Name I Title # .,,aI Suffolk County Recording & Endorsement Page This page forms part of the attached EASEMENT by: (SPECIFY TYPE OF iNSTRUMENT) SIEGERT The premises herein is situated In 5UFFOLK COUNTY, NEW YORIC made TO In theTOWNof SOUTHOLD STANTON In the VILLAGE or HAMLETof SOUTHOLD BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. CoverJ' EASEMENT THIS AGREEMENT made this 28= day of February, 2011, ERIC SlEGERT, residing at 1704 Kenwood Parkway, Minneapolis, Minnesota 55405 as party of the first part and PHILIP STANTON, a/k/a PHILIP B. STANTON and JENNIFER STANTON, a/Ida JENNIFER LAMBERTS, a/Ida, JENNIFER L. 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 650 & 400 Town Creek Lane, Southold, New York, and designated as SCTM: ~.5 & 14.6 hereinafter referred to as Parcel 1, and more 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 522 Town Creek Lane, Southold, New York, and designated as SCTM: ~.7 hereinafter referred to as Parcel 2, and more fully described in $chedute 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 installation, 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 partyof 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 herein io supercede all terms and conditions within the easement executed by the party of the first part and the party of the second part dated February 11,2010 and recorded in the Suffolk County Clerk's office on April 28, 2010 in Libor 12623 page 249. 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 granled to the party of the second part. The aforemenlioned Easements contained herein shall be enforceable by the County of Suffolk, State of New York, by injunclive relief or by any other remedy in equity or at taw. 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 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 withou! the prior approval of the Suffolk County Departmenl of Health Services, IN WITNESS WHEREOF, the parties hereto have set their hands and fimt above written. ON, a/k/a a/k/a JENNIFER L. STANTON State of New York ) SS: County of S.l,LffOlk ) ~/~,~.9//-.~.-~' On this ~ay of February, 2011, before, the undersigned, personally H appeared Philip Stanton and Jennifer 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 the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or Ihe person upon behalf of which Ihe individuar(s) acted, executed the instrument. STATE OF MINNESOTA COUNTY OF On the "'~('1 day of ~L~ , 20'11, before me, the undersigned, personally appeared ERIC SIEGERT pe~onaliy 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 C_,4'~, ~,('- ~' ua~L--~-~ . (Insert the city or other political subdivision and the stupor country or other place the acknowledgment was taken.). y-(/, - ~,...---,,.,~ Notary Pubtic SCHEDULE A 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 es follows: Beginning at a stake which is the Nor~west comer of the property describea, said point being the following four (4) courses and distances f~3m the comer formed by the intersection of the South srde of Main Street (SR 25) and the East side of Youngs Avenue: 1) $o~h 10 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 $~th 59 degrees 57 minutes 40 seconds East 4§,65 feet to a point; 4) Thence South 19 degrees 43 minutes 40 seconds East lg1.80 feet to the Point of Beginning; Running thence from said Point of Beginning along the land Oaw or formerly nf Robert L. & Amy A, Gammon North 71 degrees 33 minutes 10 seconds East 183.40 feet tD a point and the land now or formerly of Tare & William Nick; Thence along the la~d now or formerly of Tara & William Nick and the land now or formerly of Paul H<3yt & Maureen O'DonneIle South 16 degrees 40 minutes 40 seconds East 184.01 feet to a concrete monument; Thence atong the land now or formerly of Paul Hoyt & Maumen O'Donne[le No~ 73 degrees 53 minutes 30 seconds East 85.60 feet to a cencmte monument and the land now or formerly of Nitrengarten Trust; Thence along the iar~ now or formerly of Nirrengarten Trust So~th 16 degrees 06 minutes 30 seconda East 168.19 feet to a concrete monument and tJ'~e land now or formerly of Jennifer & Philip Stenton; Thence along land now or formeriy of Jennifer & Philip Stanton the ~lowing five [5) courses and distances: 1) South 85 degrees 25 minutes ~ seconds West g5,73 feet to an iron 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 18 degrees 18 minutes 30 seconds East 53.08 feet to a point; 5) Thence South 11 degrees 15 minutes 10 seconds East 178,01 feet to a point and tie line along mean high water of Town Creek; Thence along said tie line North 67 degrees 01 minutes 19 seconds West 24,19 feet to a point and the land now or formerly of Constance Bares; Thence a~ong the land now or formerly of Constance Bares the following two (2) courses and distances: 1) North 11 degrees 15 minutes 10 seconds West t63.52 feet to a point; 2) Thence North 16 degrees 18 m~nutas 30 seconds West 52,19 feet to a point; Thence along the land now or formedy of Constance Bares and the land now or formerly of Laurene Gammon North 16 degrees 51 minutes 40 seconds West 102.84 fes[ to e point; Thence along the land now or formerly of Laurene Gammon the fo[lowing two (2} courses and distances; 1) North 01 degrees 10 minutes 00 seconds West 36.32 feet to a concrete mnnumer~t; 2) Thence North lg degrees 43 minutes 40 seconds Wast 79.18 feet to the Point of B~T~i Jfriih~: ..... SCHEDULE B HD REF ~ Alt that certain plot, place, or parcel of land, situate, lying and being [n the Town of $outhold, Suffolk County, New York bounded and described as follows: Beginning at an iron pin which is the Northwest comer of the property described, said potnt being the following eight (8) coumes and distances from the comer formed by the intersection of the South side of Main Street (SR 25) and the East side of Youngs Avenue: 9} South 10 degrees 20 minutes 20 seconds East 179.21 feet to a point; t0) Thence North 79 degrees 33 minutes 20 seconds East 183.73 feet to a point; 11) Thence South 59 degrees 57 minutes 40 seconds East 60.33 feet to a point; 12) Thence South 19 degrees 43 minutes 40 seconds East 281,57 feet to a point; '13) Thence South 01 degrees 10 minutes 00 seconds East 33.13 feet to a point; 14} Thence South 16 degrees 18 minutes 30 seconds East 103,84 f~et to an iron pin; 15} Thence South 86 degrees 42 minutes 00 seconds East 169,59 feet to an iron pin; 16) Thence South 18 degrees 02 minutes 30 seconds East 52.33 feet to the Point of Beginning; Running thence from said Point of Beginning along the land now or formerly of Philip Stanton North 85 degrees 2,5 minutes 52 seconds East 95.73 feet to a concrete monument and the land m3w or formerly of Nirrengarten Trust; Thence along the land now or formerly of Nlrrengarten Trust North 84 degrees 21 minutes 00 seconds East 20.06 feet to a concrete monument; Thence along the land now or formerly of Nirrengarb~n Trust and the land now or formerly of Jennifer & Philip Stanton South 13 degrees 01 minutes 30 seconds East 333.94 feet to a point and fie line along mean high water of Town CreW; The~ along a tie line along mean high watar of Town Creek North 68 degrees 11 minutes 50 seconds West 255.56 feet to a point and the land now or formerly of Jennifer & Philip Stanton; Thence along the land now or formerly of Jennifer & Philip Stenton the following two (2) courses and distances: 3) North 11 degrees 15 minutes t0 seconds West 230.29 feet to a point; 4) Thence South 86 degrees 51 minutes 00 seconds East 91.713 feet to the Point of Beginning; SCHEDULE C FID REF#~ ALL that certain plot, piece, or parcel of land, situate, lying and beinff in the Town of Southold, Suffolk Count~, New York, bounded and described as follows: Beginning at a p~lnt on the East stale of Young$ Avenue which is the Northwest corner of the Water' tine Easement desorlbed, said point being the following four (4) ooumes and distances from the comer formed by the division line of the [and now or formerly of Michael & Jeanne Liegey and the lend now or formerly of Southold Park District: 1) South 02 degrees 21 minutes 50 seconds West 2.60 feet to a point; 2) South 87 degrees 38 minutes 10 seconds East 119.45 feet to a point; 3) Thence North 79 degrees 44 minutes O0 seconds East 89.00 feet to a point; 4) Thence SoutJ~ 76 degrees 54 minutes O0 seconds East 58.45 feet to the Point of Beginning; Running thence from said Point of Beginning the folfowing five (5) courses and distances: 1) South 76 degrees 54 minutes 00 seconds East 0.65 feetto a point; 2) Thence ,South 71 degrees 57 minutes 4[I seconds East 22.26 feet to a point; 3) Thence South 11 degrees 15 minutes 10 seconds East 11.47 feet to a point; 4) Thence North 7'1 degrees 57 mlnu~es 40 seconds West 22,93 feet to a point; 5) Thence North 1'1 ¢legmes 15 minutes 10 seconds West 11.40 feetto the Point of Beginning. c SHEET 6 Woter Line Eosemenf O~'er SCTM e .... .5 30' o o o (33 c) o o o o o o o $ 0.65' If, 40' N 7~°57'40'iV 22.9,~* $ ?~'57'40'E 22,26' 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 Liber21942, mp 820, hereby consents to this matter. State of ': EenCuck:y) SS: County of: ])ay:Less) On this 4ch day of Aug. appeared Aaber t4oncgomery 2011 "MERS" IS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR US BANK, NA. %,, >'?y~.: ,, before1 the undersigned, personally. · ...... "' .personally known to me or p~ved 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 hel h~lthey executed the same in his/her/their capacity(les), and that by his/h,~.~r/their signature(s) nn the instrume'"-'nt, the individual(s), or the person upon behalf of which Ihe individual(s) acted, executed the instrument. Notary Public~: Scephanie Houser Nota=y ID#: 406488 biy Co~ission Exp±res on October 9, 2013