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HomeMy WebLinkAboutL 12680 P 293SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT N,~ker of Pages: 8 Receipt Number : 11-0139747 TRANSFER TAX NUMBER: 11-10382 Distzlct: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 054.00 03.00 EXP/~INED AND CHARGED AS FOLLOWS $o.oo ~/~2/2o~ 02:43:05 PM D00012680 293 Lot: 003.002 Received the Following Fees For Abov~ Instrument Exempt Page/Filing $40.00 NO Handling COE $5.00 NO NYS SRCBQ TP-584 $5.00 NO Notation Cert. Copies $5.20 NO RPT Transfer tax $0.00 NO C~.Pres Fees Paid TRANSFER TAX h-0MBER: 11-10382 THXS PAGE IS A PART OF THE INSTRUMENT THXS IS NOT A BILL $20.00 $~5.0o $0.00 $30.00 $o.oo $Z20.20 Exempt NO NO NO NO NO J~DZTB A. PASC~T.~. Count~ Clerk, Suffolk County Number of pages This document will be public record, Please remove all Social Security Numbers prior to recording, Deed / Mortgage Instru merit Deed / Mortgage Tax Stamp 3 I . FEES Page / Filing Fee /-/~0 Handling TP-584 Notation EA-52 17 (County) ER-S21 '7 (State) R.P.T.S.A. Comm. of Ed, Affglavit Certified Copy~I~/~ NYS Surcharge Other 20. 00 SubTotal ~-~ 5. O0 15. OD Sub Total J~.- c~L(~ Real Pm~ ~ ,/ V6 ~..,~,...ion s ~n~s Mailing Address RECORD & RETURN TO: PATRIC[A C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Mail to: Judith A, Pascale, Suffolk County Clerk 310 Center Ddve. Riverhead, NY 11901 www. suffolkcountyny,govtclerk Title# EEC:ORBED 2011 Dec 22 02:43:05 Pti JLI~ITH R. P~SC~LE CLERK OF SUFFOLK COUNW L DO0012680 P DT# 11-'10382 Recording / Filing Stamps Mortgage Amt, 1. Basic Tax 2, Additional Tax Sub Total SpecJAssrc. 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. YE5 or NO ff NO, see appropriate tax clause on page ~ ~ of thls inSlrum~nt. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due Improved__ Vacant Land TD TD TD Title Company Information Suffolk County Recording & Endorsement Page This page forms part of the attached GRANT OF DRAINAGE EASEMENT by: [SPECIFY'TYPE OF INSTRUMENT] JOSE PH BATTAGLIA AND The premises herein Is situated in HE[DI M. BATI'AGLIA SUFFOLK COUNTY, NEW YORK. made TO IntheTOWNof SOUTHOLD TOW"N OF SOUTHOLD In the VILLAGE or HAMLETof SOUTHOLD BOXES 6 THRU a MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ~OVer) GRANT OF~)RA]INAGEEASEMENT THIS indenture made this 14"~ day of November, 2011, by and between Joseph Battaglia and Heidi M. Battaglia residing at 28 Wilton Road, Cold Spring Harbor, New York (the "Grantor" ) and the Town of Southold, a municipal corporation of the State of New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 2.319 acres, more or less, of land identified by Suffolk County Tax Map number ~ located on the southwestern side of Hobart Road in the Hamlet of Southold, Town of Southold, Suffolk Cotmty, New York; WHEREAS, the Grantee, for drainage purposes proposes to construct, install, maintain, and repair culvert pipes and leaching pools to provide drainage for road runoff from Hobart Road; WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a portion of Grantor's land as described in Schedule A attached hereto. NOW THEREFORE, IN CONSIDERATION OF Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, this agreement witnesseth that: WHEREAS, On June 13, 2011, Grantor received Conditional Final Approval for a standard subdivision of a 101,022 square foot parcel into two lots where lot 1 is equal to 43,213 sq. ff. and lot 2 is equal to 57,809 sq. ff. in the R-40 Zoning District on the condition that a 50' wide X 145.18" long drainage easement for storm water control be granted to the Town; -1- 1. The Grantor does hereby donate, grant, transfer and convey to the Town of Southold, a drainage easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the southerly portion of the premises described in Schedule A. fo4lo,,w: The nature, character and extent of the easement hereby granted are as (a) (b) The right of the Grantee to enter upon the premises at ali reasonable times: (i) To install, create and maintain culverts, pipes, leaching pools on the premises and to repair, replace or remove same as needed for the effective drainage of road runoff from Hobart Road. The easement area for the subsurface culverts and/or pipes is limited to an area that is approximately fifty (50) feet in width as described in Schedule B. (ii) To perform such grading, excavation and the installation of. such facilities as may be required for the construction, operation, repair, replacement and maintenance of said culverts, pipes, and leaching pools for the collection of storm water control. The right of Grantee to enter upon the premises at all reasonable times to access the underground drainage features installed and constructed under the terms of this easement. Said easement for access is limited to approximately the 50 foot area set forth in Schedule B attached hereto. 3. The Grantor reserves the dght to the use and enjoyment of the Grantor's premises to the fullest extent possible without ur~reasonable interference by the Grantee in the exercise of the Grantee's rights granted herein. -2- 4. The Grantee further agrees to pay all reasonable damages to the premises of the Grantor sustained as a result of the construction, maintenance and/or operation of the drainage easement thereon by the Grantee and shall be obligated to restore the affected area in a timely fashion to the condition prior to the damage, Restoration may include, but is not limited to, replacing affected vegetation. 5. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this agreement. Grantee agrees to construct no fences, walls or other obstructions as part of this project. 6. This easement shall be deemed a "minor utility easement" and the Grantor agrees that the easement area shall be included in the lot area (buildable area) and that the setbacks for the principal structure shall be measured from the property line and not the easement area. This is a material element of this agreement. 7. This agreement and the easements and rights granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns. 8. Grantee shall indemnify and hold harmless Grantor against all liability associated with its own acts or omissions in connection with the use of the premises. g. The terms of this easement may not be changed orally, and this writing constitutes the entire agreement of the parties. Each party represents to the other that no representations have been made or relied upon by or to either party except those set forth herein. 10. If any term of this easement shall be determined by a court of competent jurisdiction to be unlawful, null or void, all other terms shall remain in full force and effect. 11. Grantor represents to Grantee that the execution of this Easement does not violate any covenant, regulatory restriction, court order or agreement to which its lot may be subject, and that the undersigned is the sole owner of the lot and possessed of full authority to execute same. 12. This easement shall be perpetual unless, by judicial decree or determination or by written agreement of all parties, the benefmial use of the easement or either of them shall cease by operation of law or otherwise. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above wdtten. 'I~EIDI M. 'BA~'TAGL/~- TOWN O~)UTHOLD By:~ STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On this ~ day of/~0~ in the year 2011, before me personally appeared JOSEPH BATTAGLIA AND HEIDI M. BATTAGLIA, 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 ~1, ot the person upon behalf of which the individual acted, executed the i~.,~0arff~~,/~__~.~/ . ,Buffolk County- Ne. ,48616(~1_,, ~ Cemrrd~ F.x~rea June 16, ,~t"t -4- STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On this ...~'~ay of ~'~ ~ , in the year 2011, before me personally appeared Scott A. Russell, 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. CAROL HYDELL PUBLIC - STATE Of~ NEW 'YO~tK NO, 01HY6189695 QUALIFIED IH SUFFOLK COUNT~. ,,~ CX:X~IM~K)N F..,V.nlRG8 06/3&'20.~ SCHEDULE A ALL that certain plot, piece or parcel of land situate, lying and being at Southold, Town of Southold, County of Suffolk and Thc State of New York, known and .designated as Lot 2 as shown on a certain map entitled "Final Plat of Joseph and Heidi Battaglia", bounded and described as follows: BEGINNING at a concrete monumem along the westerly side of Hobart Avenue and at the southeast comer of land to be herein described, said monument being 1,059 feet more or less northerly as measure along the westerly side of Hobart Avenue from the comer formed by the intersection of the westerly side of Hobart Avenue and the northerly side of Terry Lane; RUNNING thence South 35 degrees 05 minutes 00 seconds West along the northerly llnc of Lot 118 as shown on a certain map enlitled "Subdivision Map of Founders Estates", filed in thc Office of the Clerk of Suffolk County on May 10, 1927 as File No. 834, 145.18 feet to a point along the aplmrent high water mark along thc easterly side of Town Cre~k; RUNNING thence along the apparent high water mark along the easterly side of Town Creek the following six (6) courses and distances: (1) North 34 (2) North 74 (3) North 56 (4) North 42 (5) North 47 (6) degrees 35 minutes 14 seconds West, 17.08 feet to a point; degrees 35 minutes 22 seconds West, 73.82 feet to a point; degrees 35 minutes 27 seconds West, 89.19 feet to a point; degrees 15 minutes 27 seconds West, 63.27 feel to a point; degrees 46 minutes 26 seconds West, 66.84 feet to a point; North 22 degrees 18 minutes 44 seconds West, 40.90 feet to a point along tl~ southerly line of Lot 1 as shown on a certain map entitled "Final Plat of Joseph and Heidi Battaglia; RUNNING thence North 58 degrees 56 minutes 00 seconds East along the southerly line of above ,said map, 223.87 feet to a point along the westerly side of Hobart Avenue; RUNNING thence along the westerly side of Hobart Avenue the following two (2) courses and distances: (1) (2) South 26 degrees 25 minutes 00 seconds East, 105.94 feet to a concrete monument; South 43 degrees 14 minutes 25 seconds East, 156.80 feet to the point or place of BEGINNING. SCHEDULE B ALL that certain plot, piece or parcel of land situate, lying and being m Southold, Town of Southold, County of Suffolk and The State of New York, bounded and described as follows: BEGINNING at a concrete monument along thc westerly side of I-Ioban Avenue and at the southeast comer of land to be herein described, sa~d monument being 1,059 feet more or less northerly as measured along the westerly side of Hobart Avenue from the comer formed by the intersection of the westerly side of Hobart Avenue and the northerly side of Terry Lane; RUNNING thence South 35 degrees 05 minutes 00 seconds West along the northerly line of Lot 118 as shown on a certain map entitled "Subdivision Map of Founders Estates", filed in the Offig of the Clerk of Suffolk County on May 10, 19:27 as File No. 834, 145.18 feet to a point along the apparent high water mark along the easterly side of Town Creek; RUNNING thence along the apparent high water mark along the easterly side of Town Creek the following two (2) courses and distances: (1) (2) North 34 degrees 35 minutes 14 seconds West, 17.08 fee~ to a point; North 74 degrees 35 minutes 22 seconds West, 36.09 feet to a point; RUNNING thence North 35 degrees 05 minutes 00 seconds East through land now or formerly of Joseph and Heidi Battaglia, 161.72 feet to a point along the westerly side of Hobart Avenue; RUNNING thence South 43 degrees 14 minutes 50 seconds East along the westerly side of Hobart Avenue, 51.06 feet to the point or place of B£GINNING.