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Home My WebLink About1000-96.-1-1 I, [J- j TORRENS F.I LE Serial II r' RECOR[:H~ . . '. 2006 t.1,;;,- 22 10: 12: 07 i'iI'1 Judith R. P~scBle CLERK OF SUFFOLK COUHT'y' L D00012441 P 5'3::: Number of pages Certificale II I'riorCtf. II , Deed I Mortgage InstHn!lent Deed I Morlgage Tax Slamp Recordillg I Filillg Slamps 4 FEES lJalldlillg 0<1 ) Mo.lglIge Alllt. I'uge I Fllillg Fcc I. Basic Tux '1'1'-584 2, Additiollal Tax Notation Sub Tolal EA-52 17 (Coullty) EA-5217 (Slalc) . Sub Tolal Comm. of Ed. 50~ Spcc.lAssil. Or Spec. I Add. R.P.T.SA I/o / TOT. MTG. TAX Dual Towu Dual Coullty Ileld for Apportiollment Transfer Tax Affidavil Certilied Copy 1)- GRAND TOTAL /~/ /7 j ";J Mansion Tax The property covered by this mortgage is or will be improved uy a olle or two family dwellillg only. YES or NO_. If NO, see uppropriale lax c1uuse 011 page /I of this inslrument. Reg. Copy Other /5 Sub. Tolal Real Properly Tax Service Agency Verificalion Dist. Section D lock Lol 6 COlllmunity Preservation Fund Consideration Amount $ II It 001.001 dO/{)OS oc:>s em OOlih~ CPF Tax Due $ Stamp 1000 096.00 01.00 I( Improved VI Or-- () 1/;) InitialsI';:! !CI2r?J 07J 00 d-VlJ Ap 7 SalisfaclionslDischurges/Releases Lisl Properly Own IlECOIlD & RETUIlN TO: Vacanl Lalld alhug Address 'I'D 'I'D 'I'D William C. Goggins, P.C. P.O. Box 65 13105 Main Road Mattituck, New York 11952 9 8 Title Compllny lnfonnll(ion Co. Name Tille II Suffolk Count Recordin & Endorsement Pa e ]1Jis page forms part of the attached Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENl') NORTH FORK INDUSTRIAL PARK (TIDE GROUP, INC.) 'Ole prenJises herein is situated in SUFFOLK COUNIY, NEW YORK. WITH DEPARTMENT OF HEALTH Iuthe Township of Southold In the VILLAGE or HAMLET of Cutchogue If(Y\Tf-;'C" C"I"'nTTn f ."1C'l'r'rl1-;'p"Il'"'1"l r"fl nnT"rTI~,.....tl,l I'll Aro,r lll'- ", ft.' ''',' . . AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made on this L3Rday of March, 2006, by Tide Group, Inc. hereinafter referred to as the DECLARANT, as the owner of premises located at COlll1ty Road 48, Cutchogue, New York and known as the Map of North Fork Industrial Park filed in the Office ofthe Clerk of Suffolk COlll1ty as map No. 11215 and described (hereinafter referred to as the PREMISES) as SCTM No. 1000-096.00-01.00-001.000 desires to restrict the use and enjoyment of said PREMISES and has for such purposes detennined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to tile following covenants and restrictions: WHEREAS, DECLARANT has previously filed with the Suffolk COlll1ty Clerk covenants and restrictions inliber 12367 at page 87, and the DECLARANT hereby seeks to amend the covenants and restrictions filed only to the extent set forth herein; and WHEREAS, the Planning Board of the Town of South old consents to the amendment of the covenants and restrictions upon said land; and NOW, THEREFORE, the DECLARANT, its successors and/or assigns hereby sets forth the following covenants, agreements and declarations against the above described property: 1. The DECLARANT hereby agrees to reduce the 20 foot wide vegetative buffer area along the easterly line of the Map of North Fork Industrial Park filed in the Office of the Clerk of Suffolk COlll1ty on January 27,2005 to a 5 foot wide buffer along tile easterly line oflots 4 through 8 inclusive. Description of said change is attached hereto and made a part hereof as Schedule A. 2. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions oflocal, state, and federal laws, ordinances, and/or regulations in effect at tile time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. . . 3. This doclUnent is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 4. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said Town to enforce the same shall not be deemed to affect the validity of this covenant. 5. These covenants and restrictions shall nUl witII the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the majority plus one of the Southold Planning Board, or its successor body, following a public hearing. 6. 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 tlUconstitutional, the same slIalluot 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 lUlconstitutional. The Tide Group, Inc. By:~'1. . I~~yno , L.S. resident . . STATE OF NEW YORK) )SS: COUNTY 04FOLK) On the J3l.. day of March, in the year 2006 before me, the undersigned, personally appeared HENRY RAYNOR personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose names(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 the person upon behalf of which the 'ndivid",'(,) "too, """u,'" the '''!rument. ~ ~ ~ NOTARY PUBL L::.I:':"I'^ f~cL:/h:'.:::.., ',1. "J r'. C:lhJ;~;j~~:::,,::~?Z)/: :.; ::": .:;I)hL9 , \ COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: 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 .........Ce:);~.:"...~~:f.~.RECORDED in my office ....?>./.2..l.../iJ.~............... and, that the same is a true ~ 0-<1'-111'5' J'll/ 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 ..........3j.:1,-.?-..j.q.f:...... ......... A CLERKQ,:,:.~..r!-. :..... ~:a , r..../ I . 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 10 Receipt Number : 05-0007188 TRANSFER TAX NUMBER: 04-25330 Recorded: At: LIBER: PAGE: District: 1000 Section: 096.00 EXAMINED AND $0.00 Block: 01. 00 CHARGED AS FOLLOWS Deed Amount: Received the Following Fees For Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT NO Transfer tax NO Page/Filing COE TP-584 Cert.Copies SCTM Comm.Pres $30.00 $5.00 $5.00 $12.50 $0.00 $0.00 Fees Paid TRANSFER TAX NUMBER: 04-25330 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 01/20/2005 03:14:44 PM D00012367 087 Lot: 001. 000 $5.00 $15.00 $0.00 $30.00 $0.00 $102.50 Exempt NO NO NO NO NO w!J . Number of pages TORRENS /() ~:._~: J :~: [,' :.:~ [ ",,-,,-,,- -..-, ir:::~ 14; 4.::: - ..., ,''". ,.. ::1]:).::'::(:":, t', f,'or::.;:11n2 CL.ERr::: or= Serial # SUFFOU::: COUHT'/ ~ D00012367 Certificate # F D::? DT# 04-25::::30 Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page / Filing Fee 3 ~~~~ ~ Notation 5. 00 1 Mortgage AmI. 1. Basic Tax 2. Additional Tax Sub Total Spec.! Assit. or 1000 4 Dist. Sub Total 4() 3() - 5. 00 ((1 SV 15. 00 Sub Total 0,) !:J7) Grand Total I Dd. -SO \L. 01. 00 001. 000 Block Lot Spec. / Add. TOT. MTG. TAX Dual Town _ Dual County Held for Appointme!).( 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 EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit ~d~ NYS Surcharge Other If NO, see appropriate tax clause on page # of this instrumenj,. ;5- S 096.00 Section 5 Community Preservation Fund N/A Real Property Tax Service Agency Verification -- $ Improved Vacant Land ,/ 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD TD LARK & FOLTS ESQS PO BOX 973 CUTCHOGUE NY 11935 TD 7 Title Com N/A N/A an Information Co. Name Title # 8 Suffolk Count Recordin & Endorsement Pa e This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) NORTH FORK INDUSTRIAL PARK The premises herein is situated in SUFFOLK COUNTY, NEW YORK. illi.lX In the Township of In the VILLAGE or HAMLET of Southold Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) . . DECLARATION OF COVENANTS AND RESTRICTIONS NORTH FORK INDUSTRIAL PARK Declaration made this 3rd day of January, 2005, by TIDE GROUP INC., a New York corporation with offices at 275 Cardinal Drive, Mattituck, New York 11952 (herein referred to as "Declarant") . WHEREAS, Declarant is the owner of certain real property situate at Cutchogue, Town of Southold, County of Suffolk and State of New York (SCTM #1000-096.00-01.00-001.000), more particularly bounded and described in Schedule A which is attached hereto; and WHEREAS, Declarant has filed an application for approval of a 12 lot subdivision to the Southold Town Planning Board for the property described in Schedule A to be known as "Map of North Fork Industrial Park, at Cutchogue, Town of Southold, Suffolk County, N.Y."; and WHEREAS, for and in consideration of the granting of said subdivision approval on January 10, 2005, the Southold Town Planning Board has deemed it to be in the best interests of the Town of Southold and the prospective owners of this property, that the within covenants and restrictions be imposed on the premises located on the property described in Schedule A and has required that the within Declaration be recorded in the Suffolk County Clerk's Office. NOW, THEREFORE, the aforesaid property as described in Schedule A shall be subject to the following covenants and restrictions: ARTICLE I. DEFINITIONS The following words when used in this Declaration or any supplemental declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Common Properties" or "Common Areas" shall mean and refer to certain areas of land excluding the industrial lots as shown on the Subdivision Map and including the internal roadways and drainage areas until such time as they are accepted for dedication by the Town of Southold. (b) "Declaration" shall mean and refer to this Declaration of Covenants and Restrictions, as the same may from time to time be amended. 1 . . (c) "Declarant" shall mean and refer to Tide Group Inc. and its successors and assigns, including without limitation, any mortgage which has been foreclosed or acquired by other means the interest of the "Declarant". (d) "Lot" shall mean and refer to any plot, pieces or parcels of land intended for commercial uses shown on the Subdivision Map but shall not include the Common Areas. (e) "Property Owner" or "Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Declarant with respect to any unsold Lot. (f) "Unsold Lot" shall mean and refer to any Lots owned by the Declarant and any successor or assigns until such time as the same have been sold to a third party. ARTICLE II. DEVELOPMENT OF THE NORTH FORK INDUSTRIAL PARK SECTION 1. Declarant intends to improve twelve (12) Lots, roadways, drainage and other improvements to the Common Areas on the parcel of land as described in Schedule A consisting of 29.1093 acres. SECTION 2. Easement. Declarant does hereby establish and create for the benefit of all Property Owners from time to time of Lots subject to this Declaration and its permitted occupants of Units improved on said lots and their heirs and assigns and does hereby give, grant and convey to each of the aforementioned, the following easements, licenses, rights and privileges: (a) Right-of-way for ingress and egress by vehicles or on foot, in, through, over, under, upon and across the streets and roads on the properties (as shown on the Subdivision Map) and any changes as they may be built or relocated in the future for all purposes. (b) Right to connect with, maintain and make use of utility lines, wires, pipes, conduits, cable televison lines, sewers, and drainage lines which may from time to time be in or along the streets and roads or other areas of the Property. SECTION 3. Declarant within one year after the filing of the aforesaid map in the Suffolk County Clerk's Office shall pave with an asphaltic type pavement Depot Lane from the northern portion of Corporate Road as shown on the aforesaid map to Middle Road (C.R. 48) subject to the specifications and approval of the Southold Town Engineer. 2 . . SECTION 4. Buffer Areas. (a) There shall be a buffer area of 100' in width along the southerly portion of Lots 3 and 4 which is adjacent to Middle Road (C.R. 48). Declarant within one year of filing the aforesaid map will plant a minimum of 85 balled and bur lapped evergreen trees with a minimum height of 5' subject to the siting and approval of the Southold Town Planning Board. Declarant guarantees the survival of these newly planted trees and any existing trees in this buffer area for a period of five years from the date of the release of the Letter of Credit. ~b) There shall be a landscape buffer 50' in width along the westerly portions of Lots 1, 2, 10, 11 and 12 which is adjacent to Depot Lane. (c) There shall be a vegetative buffer 20' in width along the easterly portions of Lots 4, 5, 6, 7 and 8 which is adjacent to land of the Town of Southold. In the aforesaid 20' buffer areas, each respective property owner of Lots 4, 5, 6, 7 and 8, as a condition to obtaining site plan review approval from the Southold Town Planning Board, will have the responsibility of planting in the 20' buffer areas on the property owner's lot, a double row of balled and bur lapped evergreen trees which will include pest resistant species Eastern red cedar (Juniperus virginiana) and Norway Spruce (Picea abies cultivars) of a minimum height of 5' planted 10' on center so that the spacing will provide effective screening from the development of each of the aforesaid lots within the 20' vegetative buffer areas on the property owner's lot. As a condition of site plan review approval the property owner will guarantee the survival of the aforesaid planting to the Southold Town Planning Board for a period of five years from the date of site plan review approval. In the event any of the trees die within the five year period, the respective property owner agrees to replace same. All of the planting and placement in the 20' vegetative buffer areas is subject to the approval of the Southold Town Planning Board. SECTION 5. Reservation of Easement. Declarant reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, under, upon and across the numbered lots in the Industrial Park, for the purpose of completing all construction and work under Section 1 above and towards this end, reserves the right to grant and reserve easements and right-of-way in, through, over, under and across the lots for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities and for any other materials or services necessary 3 . . 'for the completion and maintenance of the work. Declarant also reserves the right to connect with, maintain and make use of the above which from time to time be in or along the streets and roads or other areas of the properties. Declarant further reserves the right to place permanent signs, fencing and walls on lots of his choice, provided such structures do not interfere with the reasonable use of the lot and with the approval of the Southold Town Planning Board. This Paragraph may not be amended without the written consent of the Declarant and the Southold Town Planning Board. SECTION 6. Encroachments. In the event that any portion of any roadway, water lines, drainage lines, and utility lines as originally constructed by Declarant encroaches on any Lot, it shall be deemed that the Property Owner of such Lot has granted a perpetual easement to all other Property Owners for the continuing maintenance, replacement and use of such encroachment. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. SECTION 7. Easement for Emergency Access. Declarant does hereby establish an easement of ingress and egress over roadways, any parking areas and all Common Areas in the Development for the benefit of all emergency vehicles and personnel. ARTICLE III. CONSTRUCTION REQUIREMENTS FOR UNITS ON LOTS SECTION 1. Approval of Construction Plans. All plans for the construction of any building and/or structure, or modification thereto, and the facing upon the plot must be presented to and approved in writing by the Declarant, its successors or assigns, prior to the submission of same to the Town of Southold Planning Board as long as the Declarant owns any Unsold Lots or Common Areas. Such approval shall not unreasonably withheld. SECTION 2. Before any building permit shall be issued for an improvement on any lot, the property owner after obtaining approval from the Declarant, if required, must obtain site plan review from the Southold Town Planning Board pursuant to its rules and regulations. SECTION 3. Time for completion. All exterior construction, painting and grading shall be completed within two (2) years after commencement of construction. SECTION 4. Road Maintenance Deposit. For so long as the Declarant has posted with the Town of Southold security for the 4 . . . continued maintenance of the common areas, upon the issuance of a building permit to Owner or Tenant for the construction of improvements to the lots, owner shall deposit with the Declarant, or his attorney, a sum of money (not to exceed Five Thousand Dollars) to be set by the Declarant, or such other security acceptable to Declarant. The purpose of such deposit is to guarantee to the Declarant that the owner will repair any and all damage to the common areas caused by construction on any of the lots. Said deposit shall be returned upon the completion of all site improvements on the lot and inspection by the Declarant, less the actual cost of the repair to the common areas. ARTICLE IV. USE OF PROPERTY The use of the lot and any improvement thereon shall be subject to the following rules, regulations and provisions of this declaration. (a) The Lot, and any Unit improved thereon, and any area restricted to the owner's use shall be maintained in good repair and overall appearance. (b) No unlawful use shall be made of the Properties nor any part thereof, and all valid laws, zoning ordinances, the regulations of all governmental bodies having jurisdiction thereof, shall be observed. (c) No structures shall be erected in any Buffer Area. No property owner shall move, remove, add or otherwise change the landscaping of the Buffer Area without consent of the Declarant and the Southold Town Planning Board. The Buffer Area shall be used for vegetation only. The Buffer Area may not be used for storage of any nature or for any other purpose. The landscaping in the Buffer Area as shown on each lot shall be maintained by each Owner. ARTICLE V. ACCESS TO PROPERTY. (a) The access for all lots located at the end of a cul-de- sac (Lots 3, 4, 7 and 8, as shown on the map to be filed dated January 20, 1994 and last amended December 8, 2004) shall be designated at such time as the individual lots are developed and in such a manner as to provide additional turning area for tractor trailer trucks, subject to Southold Town Planning Board Site Plan approval of the development on the individual lots. All parking shall be provided on site for each lot. (b) Parking is to be prohibited in all cul-de-sacs. 5 . . (c) No lot shall have direct access onto Depot Lane or County Road 48. All access shall be from Corporate Road and Commerce Drive. Depot Lane is designated as the rear yard for Lots 1, 2, 3, 10, 11 and 12. Corporate Road is designated as the front yard for Lots 9 and 10. Middle Road (C.R. 48) is designated as the rear yard for Lots 3 and 4. (d) Declarant reserves the fee title to the bed of the roads shown on the "Map of North Fork Industrial Park, at Cutchogue, Town of Southold, Suffolk County, N.Y." 5a L!Y! [ 11. d____~l_d ~ I "I - " , "1 _J I and the fee title to the recharge basin shown on the aforesaid map !- . !Ii! ~,,-ll) .1-,.... _ _ .. ----..-- ..___~v. Declarant shall have the right to dedicate said roads and recharge basin to the Town of Southold without the consent of the owner of any lot or the holder of any lien thereon or any interest therein. All such owners, lien holders and interest holders shall execute, if requested, any and all instruments necessary to effect such dedication purposes. This reservation of fee title shall terminate upon acceptance of dedication by the Town of Southold. (e) In the event adjacent parcels are developed prior to the dedication of the Common Areas to the Town of Southold, "Commerce Drive" shall provide access to the adjacent property owned, now or formerly by Mildred Goodwin; and a tap road "Corporate Road" shall provide future access to the property owned by Town of Southold, subject to approval of the Declarant. (f) No products shall be displayed outside any building on any lot. ARTICLE VI. DURATION AND AMENDMENT (a) These Covenants and Restrictions shall run with the land and shall inure to the benefit of, and be enforceable by the Declarant and/or lot owner. The within Declaration cannot be annulled, waived, changed or modified unless and until approval by a resolution of a majority plus one of the Planning Board of the Town of Southold. (b) Declarant hereby reserves the right to amend, modify, add to or delete from this declaration at any time without the requirement of obtaining the approval, consent or signature of any owner for the purposes of making any technical correction or additions or any changes that do not materially and adversely affect the property owners. Such amendment, modification, addition or deletion of, to or from this declaration, duly executed, in form for recording, shall be recorded by Declarant 6 . , against the property and therefore subject to this declaration. Any such amendment, modification, addition to or deletion from this Declaration shall be subject to the approval of the Southold Town Planning Board as stated in Article X. ARTICLE VII. NOTICES Any notices required to be sent to any Lot Owner in the Industrial Park under the provisions of this Declaration shall be deemed to have been properly sent when mailed, by certified mail return receipt requested, to the last known address of the person appearing on record with the Southold Town Assessor's records. ARTICLE VIII. SEVERABILITY Invalidation of any of the covenants, limitations or provisions of this Declaration by judgment or court order shall in no way affect any of the remaining provisions hereof and the same shall continue in full force and effect. ARTICLE IX. MAINTENANCE (a) Any snow plowing, maintenance or repairs of Corporate Road and Commerce Drive, including drainage or improvements affixed to roads, shall be the responsibility of the Declarant until such time as these roadways are dedicated to the Town of Southold. (b) The maintenance of the Buffer Area is the responsibility of the Declarant until transfer of the lot, at which time the lot owner shall be responsible for the maintenance of the landscaping within the Buffer Area as it affects the lot owner's property. The Declarant, and upon transfer to the lot owner, shall guarantee the survival of all planted vegetation with the Buffer Area for a period of five years from the release of the bond. ARTICLE X. SOUTHOLD TOWN ENFORCEMENT OF COVENANTS AND RESTRICTIONS. The Declarant grants the continuing right in perpetuity to the Town of Southold Planning Board to inspect, enforce, and take all appropriate legal action with respect to the continued compliance with said Covenants. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to 7 notice of such public hearing, but their consent to such modifications shall not be required. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. TIDE GROUP INC. B Jr., Pres dent STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 3rd day of January, in the year 2005, before me, the undersigned, personally appeared HENRY E. RAYNOR, JR. personally 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.;.......;,4".....1 ............ +-h..... ............,.....,........... "................ h~"h::::>l~ ......-F T.,'hi,....h +-ho in.....:l;"\"Tirll1::::>l ISTATE OF NEW YORK COUNTY OF SUFFOLK i, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY3T~AT I HAVE COMPARED THE ANNEXED COPY OF '10 . r" DEED UBER I d- 7 AT PAGE oR 7 RECORDED J - 0- -OJ AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGiNAL EASEMENT AND OF THE WHOLE lHEREOF. IN TESTIMONY WHEREOF, I HAVE HEREU~O SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS d- 0 DAY OF 0 a..--.A./ ~ ~ f~ SS: CLERK 12-0168.. 4198cb 8 . II. 1/ I ~~. 111111I111111111I1111I111111111111111111I11111111111111 111111111I111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE " Type of Instrument: EASEMENT/DOP Nl.Ullber of Pages: 6 'I Receipt Nl.Ullber : 0~-0081307 . TRANSFER TAX ,. ER: 07-!03308 District: . Section: 1000 096.00 EXAMItlED AND Deed Amount: $0.00 Recorded: At: 08/30/2007 Or:16:51 PM D~0012520 3~8 Lot: I 001.001 LIBER: PAGE: Block: 01. 00 CHARGED AS FOLLOWS Page/Filing COE TP-584 Cert.Copies SCTM Comm.Pres FOllo,ing Fees ror i I I $18.09 ! $5.00 I $5.00 $0.00 $O.oq $0.00 Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT NO Transfer tax NO Received the TRANSFER TAX NUMBE ! 07-0330,8 I THIS PAGE IS A pART OF THE INSTRUMENT ! THIS IS NOT A BILL Fees Paid $5.1 0 $15.~0 $O.bO $270.~0 $O.pO I $318.00 EXeInJ; NO NO NO NO NO Judith A. Pascale County Clerk, Suffolk County ~ ,,',/" (, "'J . FEC1]P\A:,i) 3C.i :'>1~ '::;1. !)\'1 ,dAtRENS Jud:it-h P_ :-::de CLE~-:l< OF Serial # 9JFFOl,._V i::-OUH r'.J L. DOO(1252) Certificate # F :~::::e DT~* 07-0330:: Prior Ctf. # , Deed I Mortgage lnstrume, t Deed I Mortgage Tax Stamp FEES Recording I Filii g Stamps 4 Handling TP-584 / x,! /5: .....~,~ !J Mortgage Amt. I. Basic Tax I I -t-- I I I- i 1- Page I Filing Fee '-1 "'~' : ,/) 2. Additional Tax Notation Sub Total Affidavit 1- ~- -----1p~ ," Sub Total "-7 CY (7\ 6 Spec.! Assi!. Or Spec. I Add. EA-52 17 (County) EA-5217 (State) RP.T.S.A. A'I:J' Reg. Copy ".r-- /-5J _ Sub Total 'I GRAND TOTAL Real ProperW Tax. Service ~gency Verification Dis!. Section Block TOT. MTG. TAX Dual Town Dua County Held for Apportionmen Transfer Tax ~_ Mansion Tax ~ _ The property covered by fis mortgage is or will be improved by a ne or two family dwelling only. YES or ,0 If NO, see appropriate ta clause on page # of this instrument. Comm. of Ed. Certified Copy Other Lot 6 Community Prese vation Fund Consideration Amoun $ Stamp S~I1r/H~ ,I I CPF Tax Due $ 1m roved Date Initials Va ant Land 7 SatisfactionslDischargeslR; leases List Prqperty Owners Mailing Addres RE ORD Ii< RETURN TO: , Verizon 501 North Ocean Avenue Patchogu~, New York 11772 Room 105 T T T 9 SutIolk Coun , 8 Title Company Inform tion Co. Name Titie# Recordin & Endorsement Pa e Ibis page fonns part Ofl,] the attached Easement - VJI07086 Tide Group Inc. 275 Cardinal Dr. Mattituck"NY 11952 , ,I I ,I ~ In the Township of Southold Verizone ;~~,,~~~~:, ~~::n r~;~n~i m In the VILLAGE Cutchogue I : or HAMLET of i : ' ! BOXES 5 TIfRU 9 MUST ~E TYPED ORPRINIED IN BLACK INK ONLY PRIOR TO RECORDIN~ OR flUNG. 'I .. ~~~,,''''-' . llIade by: (SPECIFY TYPE OF INSTRUMENT ) The premises herein is si tuated in SUFFOLK COUNTY, NEW YORK. ~~ _._--._-----~.." --...--,.-.----- ._"....",.-.~_.._-.~-_._---_..._.- --- . . Tax Maps District Seeton BI ck Lot School District ?JoH 1000 09500 0 00 005000 1000 09500 0 00 007000 1000 09600 01 00 001001 'e115/4 ~. 1000 09600 01 00 001002 1000 09600 01 00 001003 , 1000 09600 01 00 001011 1000 09600 01 00 001005 , 1000 09600 01 00 001006 1000 09600 01 00 001007 , 1000 09600 01 00 001008 1000 09600 01 00 001009 1000 09500 o~oo 006000 1000 09600 oioo 001004 ! ^..~..~,. ...r: ,j ~ I ..-t<A,rT OF EASEMENT made th~'{) day 1,11.,),.';( 20q, between I I I M ~~~) 'CV c ( " " , a c~rpl,lratil,ln haVi~g its principal I ffice at d ' Lev. ) """ (1, h Li, f".~ heremafter referred: . ' " I ! , 1,1 as "Gran, I,Ir") tl,l VER,lZON NEW YORK INC. (fl,lrmerly knl,lwn as New Y~rk elephl,lne I I,Impany), a cl,lrpl,lratil,ln I,Ifthe State I,IfNew Yl,lrk, having its princ~pal ffice at 140 West Street,:New Yl,lrk, New Yl,lrk and L.I.L.C.O. dba L.I.P.A., 175 E. ld Cl,lunt Rl,lad, HicIJville, N.Y. (hereinafter referred tl,l as "Grantee"). . . J.ROW2 , WH REAS, the {frantl,lr I,Iwns in fee a certain parcel I,If land situated DIST. 000, SEC. ' 96.00, BLK. \01.00, LOT. 001.000, Cl,lunty I,If Suffl,llk State I,IfNew Yl,lrk, s shl,lwn 1,In! EXHmIT " 'A ", attached heretl,l and hereby made part I,If this G nt. NO " THEREFORE, WITNESSETH: I, , I . FIRS: That fl,lr ~nd in cl,lnsidera!il,ln of t~e s~m I,If One DI,Illar ($1.00) r. hand aId by the, rantee tl,l Grantl,lr, the receIpt I,Ifwhlch IS hereby acknowledged, ~he rantor gra ts untl,l the ?rantee, its successors and assigns, the right, privileg, and uthl,lrity t 1,1'. I,Instruct, pl~ ce, I,Iperate, replace, remove, repair and maintain sefice ines, includ ng buried cable, pedestals, cl,lnduits, manhl,lles, poles and such rl,lssarms, ys, stubs, a*chl,lrs, cables, wires and fixtures as the Grantee may rl,lm ime tl,l time deem necess,ry upl,ln, I,Iver, under and all,lng the said land and the ighways ad'l,Iining I,Ir u~l,In said land, apprl,lximately as shl,lwn I,In Exhibit "A~' ogether wit the right I,I~ ingress and egress tl,l exercise all I,If the rights herein ranted and, with the rigl\t tl,l trim any trees and rl,ll,lts all,lng said lines, as reas ably ecessary, t I keep the saill, facilities free and clear from interference I,In said laid and aid highwa1s. SEC<<j>ND: The ex~lusive and permanent right-I,If-way and easement ab ve escribed ai. d herein conveyed is intended tl,l prohibit the ll,lngitudinal I,Ir para lei ccupancy 1,1 said easemlint strip by I,Ithers, including Grantl,lr and tl,l prl,lhibit urface r subsurfa e structures ~r I,Itherwise I,If I,Ithers, including Grantl,lr, which mi t amage I,Ir !." terfere with ithe I,Iperatil,ln and maintenance I,If Grantee's facilities ithl,lut t~e, ril,lr written I cl,lnsent I,If Grantee, but is nl,lt intended tl,l prohibit cr ssing f said ease ., ent strip Sl,l ',l,Ing as such crl,lssings dl,l nl,lt interfere with or prl,lhib t the ull use I,If t~ easement h~rein granted. Grantl,lr agrees with the Grantee, I,In b half of imself, hiS~.., uccessl,lrs an..~ assigns, and as a cl,lvenant running with the land, t at the rade exist' g at the timt1 I,If executil,ln I,If this grant I,If easement will remain ndisturbeil and unchan~ed. THI~: The Grantl,lr hereby grants untl,l the Grantee, its succesSl,lrs a d ssigns the ,ght tl,l permit the attachment I,If the cl,lmmunicatil,ln and electric s rvice ires and f~filities I,If I,Ith~r utility cl,lmpanies and tl,l cl,lnvey tl,l such I,Ither cl,lm anies n interest i1 the rights granted under this Grant. FOU~TH: It is a cl,lnditil,ln I,If this Grant that each cl,lrpl,lratil,ln receiving this rant shall ~ay the Cl,lst of guarding adequately all excavatil,lns made by that \ I,Irporatil,lnunder this Grant and pay the Cl,lst tl,l restl,lre I,Ir repair any damage dl,lne y that cl,lrpfratil,ln tl,l the prl,lperty I,If the Grantl,lr while placing, replacing, I ell,lcating, I,Iperating, rep~iring, maintaining, renewing I,Ir reml,lving its faciliti~s, and hall save harmless and indemnify the Grantl,lr it's successl,lrs and assigns fro~ any njury tl,l itsrrl,lperty, its empll,lyees I,Ir the public which may at any time I,Iccur, hrl,lugh theregligence I,If that cl,lrpl,lratil,ln. i i ' , I N WITNES~ WHEREOF, Grantl,lr has caused this instrument tl,l be duly exei~ted nder seal tlie day and year first abl,lve written. I . ,:, r't ...-.c- i - \ \C\G ":i~'~' I U ' 11 By~.!J ~ ~ 1"5,~A'YY(j-~__i,~C4 ~ 7J I~' 'f:Gwr ,I \\ll:l\j,-~ 12. ~l\nof.. ' // . .. I I I rw, I I \ ,AI EW YORK ) i ) sS.l OUNTY y<-~tf) I On t e~' day of~in the year ~efore me, the undersig ed, a otary Publ c in and for ~lf1U State, personally appeared/Je-nJ/l~ K~<lMJA-pe onally own to m', or proved t~ me on the basis of satisfactory evide ce t be the ndividual(s whose nam~(s) is (are) subscribed to the within instrument an'" cknowledg" d to me that\he/she/they executed the same in his/her/their capaci!, and hat by his/~er/their sigUlilture(s) on the instrument, the individual(s), or the person pon behalf,lofwhich the [individual(s) acted, executed the instrument. I I ! ' \ i . I. STATEMENT OF COMPLIANCE I RE: I VJI070861 I "North Fork Industrial Park" \ Cutchogut, New York I I hal reviewed \1erizon New York, Inc. (fQrmerly known as New YorJ , I ' Teleqhone Compliny) proposal to provide service to the above noted su~- divisIon, inClUding, the routing of their cables and facilities across my p operty (incl~ding joint bllried arrangements with Lilco) and hereby certify th t I am in full compliance, with all necessary permits, filings, certifications, etc. inclu~ing New Y oirk State Department of Environmental Conservation and Wetllmds. ' I . I I SIG. . , , .\ c> 0 I t-lafl ( ~ 0.""1'\ CLl.\ n~) e , I 1 .pf'",,\ .8' I - ~ (< ! I.. I .. .~ " ~/ {' ':1 ! ,~; II r .~.. ,W I, I ~ . . VT\o(o~ '.;it- , ...;'1.1 -a. '~/ I · // (0) ""' o "" "", o :~ I I ,I :1 i /\ MAP OF :bt:~\f" \ 000 i<.:::EC .0'1" .oor BU(, 0 \. ClO,lor 001.<>00 KEY i PROPOSED , LOCALITY: C<.J\c '~oCi.0G TOWN OF: s.,uT: aI-IV COUNTY OF: SUF . OLK STATE OF: NEW Y RK EXHIBIT " Ii A. JOllIi T. Metzger, L.S. P.O. Box 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 631-765-5020. FAX 631-765-1797 AFFIDVIT OF CORRECTION THE 20 FOOT VEGETATIVE BUFFER ALONG THE EASTERLY LINE OF" MAP OF NORTH FORK INDUSTRIAL PARK" FILED IN THE OFFICE OF THE SUFFOLK COUNTY CLERK ON JAN, 27,2005 AS MAP NO. 11215 IS REDUCED TO A 5-FOOT WIDE BUFFER ALONG THE EASTERLY LINE OF LOTS 4 THROUGH 8 INCLUSIVE AND DESCRIBED AS FOLLOWS; LOT 4 BEGINNING AT A POINT AT THE INTERSECTION FORMED BY THE NORTHERLY LINE OF THE 100 FOOT BUFFER WITH THE EASTERLY LINE OF "MAP OF NORTH FORK INDUSTRIAL PARK" FILED IN THE OFFICE OF THE SUFFOLK COUNTY CLERK AS MAP NO. 11215 SAID POINT AND PLACE OF BEGINNING BEING NORTH 40 DEGREES 47 MINUTES 30 SECONDS WEST AS MEASURED IN A NORTHERLY DIRECTION ALONG THE EASTERLY LINE OF AI;OREMENTIONED FILED MAP A DISTANCE OF 101.03 FEET FROM THE NORTHERL Y LINE OF MIDDLE ROAD ( C. R. 48 ) RUNNING THENCE ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 5569.58 FEET A DISTANCE OF 5.09 FEET TO A POINT; THENCE THROUGH LOT 4 NORTH 40 DEGREES 47 MINUTES 30 SECONDS WEST A DISTANCE OF 255.62 FEET TO A POINT AND THE NORTHERLY LINE OF LOT 4; THENCE ALONG THE NORTHERLY LINE OF LOT 4 NORTH 51 DEGREES 12 MINUTES 30 SECONDS EAST A DISTANCE OF 5.17 FEET TO A POINT AND THE EASTERLY LINE OF THE AFOREMENTIONED FILED MAP; THENCE SOUTH 40 DEGREES 47 MINUTES 30 SECONDS EAST A DISTANCE OF 253.73 FEET TO A POINT AND PLACE OF BEGINNING; LOT 5 BEGINNING AT A POINT ON THE SOUTHERLY LINE OF CORI'ORATE ROAD AT THE INTERSECTION FORMED BY THE EASTERLY LINE OF LOT 5 WITH THE SOUTHERLY LINE OF CORPORATE ROAD AS SHOWN ON "MAP OF NORTH FORK INDUSTRAIL PARK" FILED IN THE OFFICE OF THE SUFFOLK COUNTY CLERK ON JANUARY 27, 2005 AS MAI' NO. 11215, SAID POINT AND PLACE OF BEGINNING BEING A DISTANCE OF 323.43 FEET AS MEASURED IN AN EASTERLY DIRECTION FROM THE END OF A CURVE WHICH CONNECTS THE EASTERLY LINE OF COMMERCE DRIVE WITH THE SOUTHERLY LINE OF CORPORATE ROAD. ~ .,d .' ,. . . RUNNING THENCE FROM SAID POINT AND PLACE OF BEGINNING ALONG THE EASTERLY LINE OF LOT 5 SOUTH 40 DEGREES 47 MINUTES 30 SECONDS EAST A DISTANCE OF 409.06 FEET TO A POINT ON THE SOUTHERLY LINE OF LOTS; THENCE SOUTH 51 DEGREES 12 MINUTES 30 SECONDS WEST A DISTANCE OF 5.00 FEET TO A POINT; THENCE NORTH 40 DEGREES 47 MINUTES 30 SECONDS WEST A DISTANCE OF 408.88 FEET TO A POINT AND THE SOUTHERLY LINE OF CORPORATE ROAD; THENCE NORTH 49 DEGREES 12 MINUTES 30 SECONDS EAST A DISTANCE OF 5.00 FEET TO THE POINT AND PLACE OF BEGINNING; LOTS 6 THROUGH 8 BEGINNING AT POINT ON THE NORTHERLY LINE OF CORPORATE ROAD AT THE INTERSECTION FORMED BY THE EASTERLY LINE OF LOT 6 WITH THE NORTHERLY LINE OF CORPORATE ROAD AS SHOWN ON "MAP OF NORTH FORK INDUSTRIAL PARK" FILED IN THE OFFICE OF THE SUFFOLK COUNTY CLERK ON JAN. 27,2005 AS MAP NO. 11215, SAID POINT AND PLACE OF BEGINNING BEING A DISTANCE OF 320.24 FEET FROM THE END OF A CURVE WHICH CONNECTS THE EASTERLY LINE OF COMMERCE DRIVE WITH THE NORTHERLY LINE OF CORPORATE ROAD; RUNNING THENCE ALONG THE NORTHERLY LINE OF CORPORATE ROAD IN A WESTERLY DIRECTION SOUTH 49 DEGREES 12 MINUTES 30 SECOND WEST A DISTANCE OF 5.00 FEET TO A POINT; THENCE NORTH 40 DEGREES 47 MINUTES 30 SECONDS WEST THROUGH LOT 6, LOT 7 AND LOT 8 A DISTANCE OF 1105.26 FEET TO A POINT AND THE NORTHERL Y LINE OF LOT 8; THENCE NORTH 45 DEGREES 27 MINUTES 50 SECONDS EAST A DISTANCE OF 5.0 I FEET TO A POINT AND THE EASTERLY LINE OF LOT 8;