HomeMy WebLinkAbout1000-64.-3-3CC#: C11-47803
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
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 my office on12122/2011 under Liber D00012680 and Page 293 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 121221201'1
SUFFOLK COUNTY CLERK
JUDITH A. PASCALE
SEAL
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage instrument
31
Deed / Mortgage Tax Stamp
FEES
Page / Filing Fee
Handling
TP-584
Notation
EA-S2 17 (County)
EA-S217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Certified Copy
NYS Surcharge
Other
4 I Dist.
Real Property
Tax Service
Agency
Verification
20. 00
SubTotal
5. O0
15. 00
Sub Total
Grand Total
1000J Section 64,0~ Block
JLot ~)~)3, Do ~
6
Satisfactions/Discharges/Release~List Property Owners Mailing Address
RECORD & RETURN TO:
PATRICIA C. MOORE ESQ.
51020 MAIN ROAD
SOUTHOLD NY 11971
Mail to: Judith A. Pascale, Suffolk County Clerk
RECORDED
2011 Dec 22 02:43:05 PM
JUDITH A. PASCALE
CLERK OF
SUFFOLK COUN]'V
L D00012680
P 2?3
DT~ 11-i0382
Recording / Filing Stamps
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
If NO, see appropriate tax clause on
page # __ of this instrument.
5 Community Preservation Fund
Consideration Amount $ -
CPF Tax Due
Improved
Vacant Land
TD
TD
ID
71 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co. Name
www.suffolk¢ountyny.gov/clerk Tit e #
Suffolk County Recording & Endorsement Page
This page forms part of the attached
by:
JOSEPH BATTAGLIA AND
HEIDI M. BATTAGLIA
GRANT OF DRAINAGE EASEMENT
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
made
TO In theTOWN of SOUTHOLD
TOWN OF SOUTHOLD In the VILLAGE
or HAMLETof SOUTHOLD
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT
Number of Pages: 8
Receipt Number : 11-0139747
TRANS~R TAX NUMBER: 11-10382
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
064.00 03.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
12/22/2011
02:43:05 PM
D00012680
293
Lot:
003.002
Received the Following Fees For Above Instrument
Exempt
Page/Filing $40.00 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:
11-10382
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Exempt
$20.00 NO
$15.00 NO
$0.00 NO
$30.00 NO
$0.00 NO
$120.20
JUDITH A. PASCALE
County Clerk, Suffolk County
GRANT OF DRAINAGE EASEMENT
THIS indenture made this 14th 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 1000-64-3-3
located on the southwestern side of Hobart Road in the Hamlet of Southold, Town of
Southold, Suffolk County, 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. ft. and lot 2 is equal to 57,809 sq. ft. 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.
follows:
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 all
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 right to the use and enjoyment of the Grantor's
premises to the fullest extent possible without unreasonable 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.
9. 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.
-3-
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 beneficial 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 written.
/-~I~SEPH BATTAGLJ,~~'
TOWI OF/~UTHOLD
By:~~l~~
A. Russell, Supervisor
STATE OF NEW YORK)
) SS.:
COUNTY OF SUFFOLK)
On this /~' day of ~';'~, 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 individual, or the person upon behalf of
which the individual acted, executed the instrum~rff.
N~ Public, S~e ~ N~ Yo~ ~.~-
S~olk ~ - No. ~6166~ ~. ~
~mmission ~ires June 16, ~ -4-
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On this , ' day 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
NOTARY PUBLIC - STATE OF NEW YORK
NO. 01HY6t89695 '
QUALIFIED IN SUFFR~LK COUNTYf~
COMMISSION EXPI E~ 06/30/20..~
-5-
SCHEDULE A
ALL that certain plot, piece or parcel of land situate, lying and being at Southold, Town of
Southold, County of Suffolk and The 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 monument 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;
RUNN1NG 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
Office of the Clerk of Suffolk County on May 10, 1927 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 six (6) courses and distances:
(1)
(2)
(3)
(4)
(5)
(6)
North 34 degrees 35 minutes 14 seconds West, 17.08 feet to a point;
North 74 degrees 35 minutes 22 seconds West, 73.82 feet to a point;
North 56 degrees 35 minutes 27 seconds West, 89.19 feet to a point;
North 42 degrees 15 minutes 27 seconds West, 63.27 feet to a point;
North 47 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 the
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 at Southold, Town of
Southold, County of Suffolk and The State of New York, bounded and described as follows:
BEGINNING at a concrete monument 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 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
Office of the Clerk of Suffolk County on May 10, 1927 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:
(2)
North 34 degrees 35 minutes 14 seconds West, 17.08 feet 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 BEGINNING.
CC#: C'H -43407
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
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 my office on 1111812011 under Liber D000t2677 and Page 017 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 '1'111812011
SUFFOLK COUNTY CLERK
JUDITH A. PASCALE
SEAL
SUFFOLK COU~TY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION
N~-~er of Pages: 7
Receipt Number : 11-0126652
Distriot:
1000
Recorded: 11/18/2011
At: 11:38:59 AM
LIBER: D00012677
PAGE: 017
Section: Block: Lot:
064.00 03.00 003.000
EXAMINED AND CHARGED ASFOLLOWS
Page/Filing
COB
TP-584
Cert. Copies
Received the Following Fees For Above Instrument
Ex,apt Exempt
$35.00 NO Handling $20.00 NO
$5.00 NO NYS SRCHG $15.00 NO
$0.00 NO Notation $0.00 NO
$5.20 NO RPT $30.00 NO
Fees Paid $110.20
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
This document wilt be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp I Recording / Filing Stare ps
FEES
SubTotal
s,,,,¥ot,, SS. .a°
T,,,,,, I10
l Block 3 J Lot
1000 06400 0300 003000
RECORD& RETURNTO:
PATI~CIA C. MOORE ESQ.
51020 MAIN ROAD
SOUTHOLD NY 11971
JOSEPH BATTAGLIA AND
HEIDI BATTAGL1A
Mortgage Am[
1, Basic Tax
2. Additional Tax
Sub Total
Spec/AssR.
or
Spec./Add,
TOT. MTG. TAX
Dual Town _.__ Dual County
Held for Appointment __.__
Transfer Tax
CPF Tax Due $
Improved
TD
TD
TD
Mall to: Judith A. Pascale, Suffolk County Clerk [ ? [ Title Company Information
310 Center Drive, Rivetflead, NY 11901[Co. Name
www.suffolkcou ntyny.govlclerk Title #
Suffolk County Recording & Endorsement Page
This page forms part of the attached DECLARATION AND COVENANT
by: (SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORIC
made
TO In theTOWN of ~_~
[O~WN OF SOU'II-IOLID . In the VILLAGE
PLANNING BOARD or HAMLEt of SOUTHOLD
80XES 6 THRU 8 MUST 8E TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
DECLARATION AND COVENANT
SOUTHOLD TOWN PLANNING BOARD
THIS DECLARATION made the 14t~ day of November, 2011 by Joseph
Battaglia and Heidi Battaglia, residing at 28 Wilton Road, Cold Spring Harbor NY 11724,
hereinafter collectively referred to as the Declarant, states as follows:
WHEREAS, Declarant is the owner of certain real property situate at Hobart
Road, in the Town of Southold, Suffolk County, New York, more particularly bounded
and described as set forth in Schedule A annexed hereto; and
WHEREAS, for and in consideration of the granting of subdivision application
entitled, "Standard Subdivision of Joseph and Heidi Battaglia' prepared by Nathan Taft
Corwin, III, Land Surveyors, dated August 1,2011 (hereinafter "Filed Map") and as a
condition of granting said approval, the Town of Southold Planning Board has required that
the within Declaration be recorded in the Suffolk County Clerk's Office; and
WHEREAS, Declarant has considered the foregoing and determined that same
will be in the best interest of the Declarant and subsequent owners of said parcel;
NOW, THEREFORE, THIS DECLARANT WITNESSETH:
1. That Declarant, for the purpose of carrying out the intentions above expressed
does hereby make known, admit, publish, covenant and agree that the said premises
herein described 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:
(a) Thirty (30) foot non-disturbance, non-fertilization buffer landward of the edge
of the wetlands as shown on the Filed Map. The 30 foot buffer shall ~'emain undisturbed
in perpetuity except for permitted activities. Permitted activities within the buffers are
limited to the removal of known exotic invasive weeds and invasive vines, removal of
dead and/or diseased trees that are hazardous to life or property and the buffer may be
supplemented with plantings of native and drought tolerant species and a 4' access path
to Town Creek on lot 2, subject to Board of Trustee approval.
(b) Trees that are greater than 18 inches in diameter at breast height are shown
on the Approved Final Plat map and shall be preserved in perpetuity. Maintenance of
said trees is permitted and shall include pruning and removal of dead and/or diseased
trees that are hazardous to life or property and may be replaced.
( c ) The Planning Board is requiring the replacement of the tree by June, 2012.
The tree located immediately north of the ddveway on lot 2 shall be replaced with a
minimum 4" caliper 'street' tree selected from the Southold Town Planning Board Native
Tree List. The tree was approved to be removed due to the poor health and condition of
the tree.
This tree together with the vegetation located within the natural/landscaped
buffer satisfies section 240.17. Technical requirements. Item H,2(n) and section 161-
44.Street Tree Requirements of the Town Code. The planted tree shall be guaranteed
to survive for a three year period from planting date. In the event that the planted tree
dies within the three year period, the tree shall be replaced with a minimum of 4" caliper
tree of similar species. A letter shall be provided to the Planning Board indicating the
planting date, species and size of the tree
( d ) Pursuant to chapter 240-49 Clearing of the Southold Town Code, clearing
limits on lot 1 and lot 2 are restricted to 50% of the total lot area. Clearing limits shall be
clearly staked and approved by a New York State licensed engineer or surveyor prior to
any new clearing or grading of the lots. All planted vegetation installed within the clearing
limits as established by the Planning Board on the approved Filed Map shall be
guaranteed to survive for a period of three years from final acceptance of the planted
vegetation by the Planning Board. In the event that any of the planted v~egetation dies, the
landowner shall replace such vegetation at their expense.
(e) The driveway on Lot 1 shall be constructed of pervious material or if non-
pervious material is used, drainage shall be provided which complies with Chapter 236,
"Stormwater Management of the Southold Town Code and the construction of the
driveway to lot I shall be excluded from the buffer conditions outlined herein.
(f) There shall be no further subdivision of Lot 1 and Lot 2 in perpetuity.
(g) Except for the driveway to Lot 1, a 20' wide natural/landscaped buffer running
along the property boundary described as S. 26 degrees 25 minutes 00 seconds E for a
distance of 282.61 then S. 43 degrees 14 minutes 50 seconds E. for a distance of
156.80 feet shall be established. The 20' natural/landscaped buffer is established in
perpetuity. The current and all subsequent landowners of lots 1 and 2 shall be
responsible for maintenance of the perpetual 20' natural/landscaped buffer area. All
planted vegetation within this area shall be guaranteed to survive a period of three
years. In the event that any of the planted vegetation 'dies, the landowner shall replace
such vegetation at their expense. Any changes to trees and shrubs require Planning
Board approval.
(h) As to Lot 1, prior to issuance of a Certificate of Occupancy the following
landscaping will be planted and maintained in perpetuity:
(1) the 20' wide natural/landscape buffer running along Hobart Avenue will be
planted with such plant species, density and size as was planted on Lot 2 along Hobart
Avenue.
(2) along the northern boundary of lot 1 a mw of 6-7' tall white pines, 7'-8' on
center will be planted to achieve winter screening.
(i) Pursuant to a recorded "Grant of Drainage Easement", there shall be
established a 50' wide X 145.18' long drainage easement running along the property
boundary described as S 35 degrees 05 minutes 00 seconds W and as illustrated on
the Filed Map
(j) The use of synthetic herbicides, pesticides and/or fertilizers capable of
entering surface or ground waters is prohibited on Lots 1 and 2
(k) All utility connections shall be constructed underground
(I) If applicable, prior to construction activity on any of the lots within the
subdivision, the project may require a General Permit for storm water run-off from
construction activity administered by the New York State Department of Environmental
Conservation Under Phase II State Pollutant Discharge Elimination System or a
drainage approved under Chapter 236
(m) Concrete property boundary monuments shall be required. Monuments shall
be set on the inside comers of outside boundaries of the land subdivided at each point
where there is a change of alignment. Except where the boundary is a watercourse, the
monuments shall be offset in the line of adjacent traverse.
2. Declarant grants the continuing right in perpetuity to the Town of Southold,
any of its designated representatives or any owner of property within the subdivision to
enfome the conditions and restrictions of the covenants and to take any legal action it
deems necessary to enforce the conditions and restrictions of the covenants. These
rights of inspection and enforcement shall be binding upon declarant, their helm,
executors, legal representatives, distributees, successors, assigns and transferees.
3. These covenants and restrictions shall run with the land and shall be binding
upon the Declarant, his successors and assigns, and upon all persons or entities
claiming under them, and may be terminated, revoked or amended by the owner of the
property only with the written consent of the Town of Southold Planning Board granted
by a majority vote plus one following a public hearing.
4. If any section, subsection, paragraph, clause, phrase or provision of these
covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged
illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the
validity of these covenants as a whole or any other part or provision hereof other than
the par~ so adjudged to be illegal, unlawful, invalid, or unconstitutional.
5. 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 law. The failure of said agencies of the Town of
Southold to enforce 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.
6. The within Declaration is made subject to the provisions of all laws required
by law or by their provisions to be incorporated made a part hereof, as though fully set
forth herein. That the within Declaration shall run with the land and shall be binding
upon the Declarant and his successors and assigns and upon all persons or entities
claiming under them, and may not be annulled, waived, changed, modified, terminated,
revoked or amended by subsequent owners of the property unless and until approved
by a majority plus one vote of the Planning Board of the town of Southold or its
successors, after a public hearing.
IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the
day and year above written.
~leidi Ba~ttaglia ~
STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOLK )
On the/_~ day of /'V'Ob~c~,,z~,/before me, the undersigned, a notary public in
and for said State, personally appeared Joseph Battaglia and Heidi Battaglia personally
known to me or proved to me on the basis of satisfactory evidence to be the individuals
whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their capacity, and that by their signature on the instrument,
the individuals, or the person upon behalf of which the individual acted, executed the
instrument. ~~_........ ~.
PATRICIA C. MOORE
Notary Public, State of New York
Stdfolk County- No. 4.86166,8~..t
Commission Expires June
Schedule A Description
ALL that certain plot, piece or pamel of land, situate, lying and being at
Southold, in the Town of Southold, County of Suffolk and State of New York, and
bounded and described as follows:
BEGINNING at the northeasterly corner of the premises about to be
described, the point of beginning being monumented by a pipe set in the westerly
side of Hobart Road at the division line between premises about to be described and
lands of Frederic P. Rich, said point of beginning being distant 176 feet southerly
measured along the westerly side of said road from another monument in the
westerly side of said road marking the division line between lands of Frederick P.
Rich and lands of E. Gates formedy of John Kom and formerly of Hubert Howard;
RUNNING THENCE southerly along the westerly side of Hobart Road the
following two courses and distances:
1) South 26 degrees 25 minutes 00 seconds East, 282.61 feet to a monument;
2) South 43 degrees 14 minutes 50 seconds East, 156,80 feet to the division line
between lands herein described and lands now or formerly of Penney;
THENCE along said division line, South 35 degrees 05 minutes 00 seconds
West, 145.18 feet to the ordinary high water mark of Town Creek;
THENCE along the said high water line of Town Creek in a general
northwesterly, southwesterly and again northwesterly direction to the division line
between lands herein described and said lands now or formerly of Frederic P. Rich
the following (9) courses and distances:
1) North 34 degrees 35 minutes 14 seconds West, 17.08 feet;
2) North 74 degrees 35 minutes 22 seconds West, 73.82 feet;
3) North 56 degrees 35 minutes 27 seconds West, 89.19 feet;
4) North 42 degrees 15 minutes 27 seconds West, 63.27 feet;
5) North 47 degrees 46 minutes 26 seconds West, 66.84 feet;
6) North 22 degrees t8 minutes
7) North 51 degrees 47 minutes
8) North 37 degrees 23 minutes
9) Nodh 18 degrees 59 minutes
44 seconds West, 40.90 feet;
32 seconds West, 38.54 feet;
58 seconds West, 83.81 feet;
27 seconds West, 56.47 feet;
THENCE along said division line, North 58 degrees 35 minutes 00 seconds
East, 249.27 feet to the westerly side of Hobart Road to the point or place of
BEGINNING.