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HomeMy WebLinkAbout1000-63.-1-12COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C10-24039 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in myoffice on07/01/2010 under Liber D00012629 and Page 570 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07101/2010 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 7 Receipt Number : 10-0077210 District: Section: Block: 1000 063.00 01.00 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $35.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $0.00 NO Notation Cert. Copies $5.20 NO RPT Fees Paid Recorded: At: 07/01/2010 02:32:39 PM LIBER: PAGE: Lot: 012.000 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $20.00 $15.oo $0.00 $30.00 $11o.2o D00012629 570 Exempt NO NO NO NO JUDITH A. PASC~LE County Clerk, Suffolk County Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgag0 Insmament Handling TP-584 Notation Deed / Mortgage Tax St~np FEES EA-52 17 (County) __ Sub Total EA-5217 (State) iLP.T,S.A. Comm. of Ed. 5 00 Affidavit -----~ Certified Copy Reg. Copy /5 SubTotal Other GRAND TOTAL 5 Real Property Tax Service Agency Verification Dist Section B lock Lot 1000 06300 0100 012000 Stamp ~ Date IMtials Satisfactions/Discharges/Releases List Property Owners Mailing Addres~ RECORD &,RETURN TO: Wickham,'Bressler, Gordon & Geasa, P.C. P.O. Box 1424 Mattituck, NY 11952 RECORDED 20!0 Jul Oi 02[32:39 PM JUDZTH A, PASCALE CLERK OF SUFFOLK COUNT? L'C,00012629 P 57~ Recording / Filing Stamps Mortgage Amt. 1. Basic Tax · 2. Additional Tax Sub Total Spec./Ass'it. Or Spec./Add. TOT, MTG, TAX Dual Town.__ Dual County__ Held for Apportionment __ Transfer Tax M~nsloh Tax. The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO___ If NO, see appropri~fe tax clause on page # __oft Community Preservation Fund ~onaideration Amount $ CPF Tax Due $ improved TD TD TD Suffolk This page forms part of the attached KAREN L. MILLER A/K/A KAREN MAZZAFERR0 TO TOWN OF SOUTHOLD ~ Title Company Information Co. Name JTitle # / i & Er/dorsement e AMENDED DECLARATION OF C~VENANTS AND RESTRICTIONS made by: (SPECIFY TYPE OF INSTKUMENT ) · The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township .of s OUTHOLD In the VILLAGE or HAMLET of!~ SOUTHOLD BOXES 5 THRU 9 MUST BE TYPED O'R PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made this ]/o~-~ay of June, 2010, by KAREN L. MILLER a/k/a KAREN MAZZAFERRO, residing at 3005 Wells Road, Peconic, New York 11958, referred to as the Declarant. WHEREAS, the Declaration of Covenants and Restrictions dated March 29, 2010 and recorded in the Suffolk County Clerk's Office on April 7, 2010 in Liber 12621 at page 301 is amended, superseded and replaced by this Amended Declaration of Covenants and Restrictions. WHEREAS, the Declarant is the owner of certain real property located at 1450 Horton's Lane, Southold, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-63-1- 12, more particularly bounded and described as set forth in .Schedule "A" annexed hereto, (the "Property") and WHEREAS, the Declarant has made an application for and has received conditional final approval from the Planning Board of the Town of Southold for a subdivision of the premises into three (3) parcels, as shown on map of"Standard Subdivision for Karen L. Miller a/k/a Karen Mazzaferro", prepared by Peconic Surveyors, P.C., dated September 23, 2009, last dated April 15, 2010, which map will be filed in the office of the Suffolk County Clerk (the Map); and WHEREAS, in consideration of granting subdivision approval, and as a condition of said approval of the Map, the Planning Board has deemed it to be in the best interests of the Town of Southold and the owner and prospective owners of said lots that the within Amended Covenants and Restrictions be imposed upon the Property, and as a condition of said approval, the Planning Board has required that the within Amended Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels on the Map. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the Property shall hereafter be subject to the following covenants, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. There shall be no further subdivision of any of the lots on the Map in perpetuity. 2. There shall be no changes to any of the lot lines without Planning Board approval. 3. In accordance with Section 240-51 of the Southold Town Code, all storm water run-off resulting from the development of any or all of the lots, including driveways and roadways, on the Map shall be retained on site via gutters, downspouts and drywells and shall be the responsibility of each property owner. 4. Prior to excavation of a foundation for any structures to be built on either Lot 2 or Lot 3, Declarant shall either (a) submit to the Planning Board a full Phase 1 Archeological Study/Review for its review and approval, including review by the New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP), and shall conduct such subsequent studies and take such further action as the Planning Board shall deem advisable in order to protect significant buried historic or prehistoric Native American remains or artifacts on such Lot; or (b) Declarant shall cause an archaeologist to be on the site at the time of excavation for such foundation on either Lot 2 or Lot 3, solely to determine if there are any significant buried historic or prehistoric Native American remains which will be adversely affected by the excavation. A follow- up report in writing shall be supplied by the archeologist to the Southold Town Planning Board and NYSOPRHP stating that an archeologist was on-site during all excavation work for Lot 2 and Lot 3. Should any significant buried historic or prehistoric Native American remains or artifacts be found while excavation is taking place on Lot 2 or Lot 3, all excavation and construction work on such lot shall cease pending further review, analysis and verification by the NYSOPRHP. Excavation and construction shall not recommence on such lot until allowed and approved in writing by the NYSOPRHP. A copy of this written approval shall be submitted to the Southold Town Planning Board. 5. Pursuant to section 240-35, of the Southold Town Code, all utilities serving the lots shall be located underground. 6. The flag portion of Lot 3, more fully described in Schedule B hereto, shall serve as a non- street right of way (ROW) for the benefit of ingress and egress from Horton's Lane to Lots 2 and 3, and for installation of underground utilities for the benefit of Lots 2 and 3. The ROW area shall contain a 12 foot wide driveway with pervious surface with a flare at the westerly terminus extending to the full 25 foot width of the ROW as shown on the Map (the Driveway Area). The Driveway Area shall remain free of obstructions and encroachments. The ROW will be owned in fee by the owner of Lot 3 as part of said lot, with a deeded right of way over same for the benefit of Lot 2, as further described in Right of Way agreement to be recorded simultaneously herewith. 7. The 50 foot by 100 foot area on Lot 3 designated "Open Front Yard Area for Turn Around" shall be maintained as open, unobstructed lawn, driveway or parking area so as to be able to accommodate turn around of emergency vehicles to any of the lots on the Map. No landscaping or fencing around the perimeter of the area shall be allowed to extend or encroach into the area. 8. There shall be no vehicular access from Lot 2 to Horton's Lane along the frontage of Lot 2 on Horton's Lane. Vehicular access from Horton's Lane to Lot 2 shall be over the ROW. 9. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the S outhold Town Code. 10. These covenants and restriction may be terminated, revoked, or amended only at the request of the then owner of the lot affected, together with the written consent of the Town of Southold granted by a majority plus one of the Planning Board of the Town of Southold, after a public hearing. 11. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, her successors and assigns, and upon all persons or entities claiming under them. 12. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged illegal, unlawful, invalid or held to be unconstitutional by a Court of competent jurisdiction, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 13. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 14. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. 4 the day and year first above written. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration on KAREN L. MILLER a/k/a KAREN M,4'~27~FERRO STATE OF NEW YORK: :SSA COUNTY OF SUFFOLK: 0n the /~-~day of J~me, in the year 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Karen L. Miller a/k/a Karen Mazzaferro, personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Re/c&rpbmillerAM ABIG^IL ~ WIOgl--IAM Iqotary Public State of No. 524642871 Qualified in Suffolk County Commission Expires Sept. LEGAL DESCRIPTION SCHEDULE A ALL THAT CERTAIN PLOT, PIEC~ OR PARCEL OF LAND, SITUATE, LYING ~ BEING AT SOLrrHOLD, TOWN OF SOUTHOLD, COUNTY OF SUgFOLK ~ STATE OR NEW YORK, BOUNDED DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY SIDE OF HORTONS LANE DISTANT 1093.31 FEET SOUTHERLY FROM THE EXTREME SOUTHERLY END OF AN ARC OF CUR~E CONNECTING TPLE SOUTHERLY SIDE OF MIDDLE ROAD C. R. 48 WITH THE EASTERLY SIDE OF HORTONS LANE, SAID BEGINNING POINT IS ALSOWHERE.THE SOUTHERLY LINE OF LAND OFABRUZZ0 INTERSECTS THE EASTERLY SIDE OF HORTONS LANE; ? RUNNING THENCE ALONG THE LAND NOW OR FORMERLY=OF ABRUZZ0 THE FOLLOWING TWO (2)' COURSES AND DISTANCES: 1. NORTH 71 DEGREES 41 MINUTES 40 ~ECONDS EAST, 530.85 FEET; 2. NORTH 13 DEGREES 46 MINUTES 30 SECONDS WEST, 259.46 FEET TO THE LAND NOW OR FORMERLY OF CHARArEWS; THENCE ALONG THE LAND OF NOW OR FORMERLY OF CHA~S, NORTH 70 DEGREES 01 MINUTE 00 SECONDS EAST, 103.77 FEET TO LAirD NOW OR FORMERLY OF FOUNDERS VILLAGE CONDOMINIUM SECTION ONE; THENCE ALONG THE LAND NOW OR FORMERLY OF FOUNDERS VILLAGE CONDOMINIUM SECTION ONE AND FOUNDERS VILLAGE CONDOMINIUM sEcTIoN TWO THE FOLLOWINGTW0 (2) COURSES AND DISTANCES: 1.. SOUTH 12 DEGREES 28 MINUTES 13 SECONDS EAST, 537.84 FEET; 2. SOUTH 69 DEGREES 46 M~NUTEs 48 SECONDS wEsT, lll.80. FEET TO LAirD NOW OR FORMERLy OF LIBERTY .SELF STORAGE LTD.; THENCE ALONG THE LAND NOW OR FORMERLY OF LIBERTY SELF STORAGE LTD., soUTH 70 DEGREES 11 MINUTES 30 SEC(1NDS WEST, 342.41 FEET TO LAND NOW OR FORMERLY OF JACKOWSKI; THENCE ALONG LAND NOW OR FORMERLY OF JACKOWSKI THE FOLLOWING TWO (2) COURSES AND DISTANCES: ~1. NORTH 1-2 DEGREES 00 MINuTEs 30 SECONDS WEST, 97.42 FEET;' 2. SOUTH 71 DEGREES 06 MINUTES 30 SECoNDs WEST, 180.06 FEET TO THE EASTERLY SIDE OF HORTONS LANE; THENCE ALONG THE EASTERLY SIDE OF HORTONS LANE NORTH 11 DEGREES 26 MINIFfES 30 ' SECONDS WEST, 192.49 FEET TO THE POINT. OR PLACE OF BEGINNING. : -LEGAL DESCRIPTION- COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC//: C10-24570 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in myoffice on07/0712010 under Liber D00012630 and Page 006 and, that the same is a true copy thereof, and of the whore of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07107/2010 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Number of Pages: 6 Receipt N,,mher : 10-0078713 TRANSFER TAX NUMBER: Recorded: At: District: 1000 Deed Amount: 09-27337 LIBER: PAGE: Section: Block: 063.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $30.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $5.20 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: THIS 09-27337 PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 07/07/2010 11:19:42 AM D00012630 006 Lot: 012.000 Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $110.20 f Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument 4 I " Page / Filing Fee '90 Handling TP-584 Deed / Mortgage T~x Stfimp FEES Notation EA-52 17 (County) __ Sub Total EA-5217 (State) Affidavit Certified Copy __ ~' .~l~) Reg. Copy Other I ~ Sub Tot~ 5 ~ , ~ Pmpe~ T~ Se~i~ ~en~y Verifimtion I Dist. [ Section I B lock I Lot 1000 06300 0100 012000 Stamp Date Initials Satisfactions/Disch~ges/Roleases Liar Prope~ Owners Maii~g Addres~ R~CO~ & ~T~ TO: ~gckham~'Bressler, Gordon ~ P.O. Box 1~2~ ~attgtuek, ~ 11952 RECORgED 20!0 .gul 07 1i:19:42 AM · JUi)ITH fi. P:~SC~LE CLERK OF gUFFOLK COU~TV k D000t2630 P 006 DT~ 09-27337 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax . ' 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT MTG, TAX Dual Town Dua County.__ Held for Apportionment __ Transfer Tax Mansio'n Tax · The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see a,pproprit~t~ tax e~use on page I of thru inatrumant. ~ - · 0.--/3.-/0 6,1 Preservation Fund Consideration Amount $ CPF Tax Due $ Vacant Land TD TD KAREN L. MILLER A/K/A KAREN MAZZAFERRO TO TOWN OF SOUTHOLD ! I. I Title Company Info,rmation Co. Name ~,'~/ C ' Suffolk County Recording & Eridorsement Page Ths page forms pa~ of the aCached AMENDED RIGHT OF WAY EASEMENT (SPECWY TYPE OF INSTRUMENT ) . The premises herein is situated in SUFFOLK COLIN/Ar, NEW YORK. In the Township of In the VILLAGE or HAMLET of ~ SOUTHOLD SOUTHOLD made by: ~aC~-x~ q TI4RI 19 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. AMENDED RIGHT OF WAY EASEMENT THIS INDENTURE, made as of the /(a'-day of June, 2010, by KAREN L. MILLER a/k/a KAREN MAZZAFERRO, residing at 3005 Wells Road, Peconic, New York 11958, referred to as the Declarant. WHEREAS, the Right of Way Agreement dated March 29, 2010 and recorded in the Suffolk County Clerk's Office on April 7, 2010 in Liber 12621 mp 302 is hereby amended, superseded and replaced in its entirety by this Amended Right of Way Agreement. WHEREAS, the Declarant is the owner of certain real property located at 1450 Horton's Lane, Southold, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-63-1-12, being Lots 2 and 3 on the Map described below and more particularly bounded and described as set forth in Schedule "A" annexed hereto, (the "Property") and WHEREAS, the Declarant has received conditional final approval from the Planning Board of the Town of Southold for a subdivision of the premises into three (3) parcels, as shown on map of"Standard Subdivision for Karen L. Miller a]k/a Karen Mazzaferro", prepared by Peconic Surveyors, P.C., dated September 23, 2009, last dated April 15, 2010, which map will be filed in the office of the Suffolk County Clerk (the Map); and WHEREAS, the Declarant is required, pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on July 13, 2009, to create easements for the purpose of ingress and egress in connection with said real property for the purpose of sharing a common driveway for the installation of utilities and all other lawful purposes in favor of these parcels, so that there will be only one common driveway access to serve Lots 2 and 3 on said Map; and WHEREAS, Declarant desires to provide for such shared driveway access to and from Horton's Lane for Lots 2 and 3; and WHEREAS, the flag portion of Lot 3, more fully described in Schedule B hereto, has been designated on the Map as a non-street right of way (ROW) for the benefit of ingress and egress from Horton's Lane to Lots 2 and 3, and for installation of underground utilities for the benefit of Lots 2 and 3, which ROW area shall contain a 12 foot wide driveway with pervious surface as more fully shown on the Map (the Driveway). NOW, THEREFORE, be it declared as follows: 1. Lots 2 and 3 shall have access to and from Horton's Lane over the ROW, which shall be a single shared access to and from Horton's Lane for ingress and egress over the Driveway and installation of underground utilities to such lots within the ROW. 2. Vehicular access to and from said driveway for said lots shall be restricted to said common driveway access. 3. The use of the ROW shall be subject to the following conditions: (A) The respective lot owners of Lots 2 and 3 shall have the joint, equal and mutual right to use the ROW described in Schedule "B" for the purpose of ingress and egress. (B) The term "lot owner' or "lot owners", as used in this Easement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. (C) Each lot owner affected by this Easement, by accepting a deed to or taking title to Lot 2 or 3, does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Easement. (D) The westerly terminus of the Driveway as it extends onto Horton's Lane shall not be widened beyond the width of 25 feet at the point where it meets the paved portion of Horton's Lane, as shown on the Map. (E) The word "maintenance" as used in this Easement, shall be deemed to mean all reasonable and necessary costs and expenses in connection with said ROW, including the cost of surfacing and resurfacing, regravelling, filling of holes, snow removal, and all those items necessary to make it convenient and safe for the owners of the Lots 2 and 3 to use the Driveway, together with the reasonable and necessary cost of landscape maintenance to insure proper clearance width and height of the Driveway for emergency access vehicles (20 feet width, 20 foot height clearance), and maintenance of lawn or low level landscaping within the ROW but outside of such Driveway and clearance area. (F) The owners of the respective lots shall jointly determine what maintenance shall be done on the Driveway and ROW and the amount of money to be expended therefore, as provided in paragraph "F" hereof. Each lot owner shall be responsible for one half of the amount thereof. (G) All maintenance shall be performed following notice to the other lot owner. Said notice shall contain all information necessary to make an informed decision on the matter and shall be personally delivered or sent by certified mail, return receipt requested. If the noticed lot owner does not object within thirty (30) days of the personal delivery or mailing of the notice, such lot owner shall be bound by the terms of the notice. If the lot owners carmot agree on maintenance items or cost, or if the lot owner to whom notice was given timely objects, then the owner making or authorizing the work 2 shall have the right to have the maintenance performed after such notice period has expired, and to be reimbursed by the other owner for one-half of such expenses, provided they are reasonable and necessary. In the event of emergency maintenance, such as snowplow for excessive snowfall, such notice period shall not be required. Notwithstanding the above, the owner of Lot 2 shall not be responsible for the cost of improvements which exceed "maintenance" easterly of the point the driveway for Lot 2 enters Lot 2 from the Roadway. (H) Ail lot owners agree that the Driveway shall always be maintained in good repair employing the same design, type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 2 and 3 and approved in advance by the Planning Board of the Town of Southold. (I) Neither lot owner shall install pillars or gates along the Driveway without the consent of the other, and in no event shall any such installation impede passage on the ROW or the emergency vehicular turn around area on Lot 3 shown on the Map. The lot owners shall each use best efforts to maintain the existing large evergreen trees along the northeasterly side of the ROW for so long as they are healthy and do not create a hazard. No fences in excess of 4 feet in height may be installed along the outer boundaries of the Roadway, and any fence installed shall be of the split rail design. (J) In the event either of the lot owners fails to pay its share of charges for such maintenance, such unpaid monies may be collected from such lot owner by the lot owner bearing the charge by commencing an action against the defaulting lot owner in a court of appropriate jurisdiction in Suffolk County. The parties waive the right to trial by jury. The prevailing party shall be entitled to recover from the other party the reasonable attorney's fees incurred by the prevailing party in such action. (K) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveways by construction traffic, machinery, or other implements used in the construction or maintenance of improvements on a lot owner's land. Any failure to make or pay for for such repair may be treated by the other lot owner as a default in the payment of maintenance expenses, after notice as set forth in Section G above and in accordance with Section J above. (L) This agreement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority plus one of the Town of Southold Planning Board or its legal successor's, except that the provisions hereof which relate solely to the making of maintenance decisions, the allocation of expenses among lot owners, or the restrictions on improvements within the ROW, may be revoked or modified without such Planning Board's approval; provided such revocation or modification does not alter the terms of the Declaration of Covenants and Restrictions required by the Planning Board to be recorded simultaneously herewith, or any condition of the approval of the Map by the Planning Board, or any matter shown on the Map. (M) This agreement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A" herein. IN WiTNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. KAREN L. MILLER a/k/a KAREN M~'~AFERRO STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On the //~ day of~, in the year L:~e~, before me, the undersigned, a Notary Public in and for said State, personally appeared Karen L. Miller aJk/a Karen Mazzaferro, personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Noz~y Public ZABIGAIL A. WICKHAM Notary Public State of New York No. 52-4042871 Re/ROWeasepbmillerAM Qualified in Suffolk County Commission Expires Sept. 30,~e~_ 4 LEGAL DESCRIPTION SCHEDULE A ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF L~/TD, SITUATE, LYING AND BEING AT SOOTHOLD, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEN YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY SIDE OF HORTONS LANE DISTANT 1093.31 FEET SOUTHERLY FROM THE EXTREME SOUTHERLY END OF AN ARC OF CURVE CONNECTING THE SOUTHERLY SIDE OF MIDDLE ROAD C. R. 48 WITH THE EASTERLY SIDE OF EORTONS LANE, SAID BEGINNING POINT IS ALSO WHERE .THE SOUTHERLY LIRE OF LAND OF ABRUZZO INTERSECTS THE EASTERLY SIDE OF HORTONS LANE; RUNNING THENCE ALONG THE LAND NOW OR FORMERLY ~OF ABRUZZ0 THE FOLLOWING TWO (2). COIIRSES AND DISTANCES: 1. NORTH 71 DEGREES.41 MINUTES 40 SECONDS EAST, 530.85 FEET; 2. NORTH 13 DEGREES 46 MINUTES 30 SECONDS WEST, 259.46 FEET TO THE LARD NOW OR FORMERLY OF CHARNEWS; THENCE ALONG THE LAND OF NOW OR FORMERLY OF CHAR-NEWS, NORTH 70 DEGREES 01 MINUTE 00 SECONDS EAST, 103.77 FEET TO LAND NOW OR FORMERLY OF FOUNDERS VILLAGE CONDOMINIUM SECTION ONE; THENCE ALONG THE LAND NOW OR FORMERLY OF FOUNDERS VILLAGE CONDOMINIUM SECTION ONE AND FOUNDERS VILLAGE CONDOMINIUM sEcTION TWO THE FOLLOWINGTWO ·(2) COURSES AND DISTANCES: 1.. SOUTH 12 DEGREES 28 MINUTES 13 SECONDS EAST, 537 84 FEET; 2. SOUTH 69 DEGREES 46 MiNUTEs 48 SECONDS WEST, lll.80. FEET TO LA~D NOW OR FORMERLy OF LIBERTY .SELF STORAGE LTD.; THENCE ALONG THE LAND NOW OR FORMERLY OF LIBERTY SELF STORAGE LTD., soUTH 70 DEGREES 11 MINUTES 30 SEC(INDS WEST, 342.41 FEET TO LAND NOW OR FORMERLY OF JACKOWSKI; THENCE ALONG LAND NOW OR FORMERLY OF JACKOWSKI THE FOLLOWING TWO (2) COURSES AND DISTANCES: .1. NORTH 1-2 DEGREES 00 MINUTEs 30 SECONDS WEST, 97.42 FEET;' 2. SOUTH 71 DEGREEs 06 MINUTES 30 SECONDS WEST, 180.06 FEET TO THE EASTERLY SIDE OF HORTONS LANE; THENCE ALONG THE EASTERLY SIDE OF HORTONS LANE NORTH 11 DEGREES 26 MIN~JTES 30 ' SECONDS WEST, 192.49 FEET TO THE POINT. OR PLACE OF. BEGINNING. ~' -LEGAL DESCRIPTION-