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HomeMy WebLinkAboutL 12690 P 651SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Number of Pages: 6 Receipt Number : 12-0042829 TRANSFER TAX NUMBER: 11-18398 District: 1000 Deed Amount: Section: Block: 103.00 11.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Recorded: At: LIBER: PAGE: Lot: Received the Following Fees For Above Instrument Exempt Page/Filing $0.00 YES Handling COE $0.00 YES NYS SRCHG TP-584 $0.00 YES Notation Cert. Copies $0.00 YES RPT Transfer tax $0.00 YES Comm. Pres Fees Paid TRANSFER TAX NUMBER: 11-18398 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County o4/16/~o12 11:25:44 AM D00012690 651 022.001 $0 O0 $0 00 $0 00 $0 oo $0 00 $0 00 Exempt YES YES YES YES YES Number o£pages This document will be public record. P.Le.ase remove all SaciaI,SecuritY NUmbers prior to recording. Deed ( Mortgage Instrument RECORDED 2012 gpr 16 11:25:44 JUDITH ~. PflSCSLE CLERK QF SUFFOLK COUNTY L P00012690 P 651 '.' DT# 11-18398 · :.Deed / Mortgage Tax Stamp Recording 1 Filing ~mmps Page / Filing Fee" · ...... ' ' ' 5. 00 H ' TP-5B4 "2, Notation EA-52 17 (County) ~ ~5. 0b Other 4 I Dist. Real Properly Tax Service Ageficy Verification Sub Total Sub Total Gr~nd Total J Section - · .I Block , .... - ~ S- 'ZOO0 ~0300 ~00 02200~ 1000 10300 ~00 022002 Satisfactions ..... j..~ ~uers'M~ ~ess . - -~cO~ &'~ TO: Mortgage Amt. 1. Basic Tax ' .' 2. Additional Tax Sub Total . Spec IAsSii, or Spec. ladd. TO~. MTG. TAX D~al Town :" 'Dual County __ Held for. Appointment Transfer Tax Mansion Tax ' The proper~ covered by this.mortgage is or' will be impmv&d, by a one or two family dwelling only. YES , Or' NO i 'l If N0, see appropriat~ tax clause on J page # of.this instrument. s t Community Preservation Fund Consider~tt;on AmSunt $ CPF Tax. Due" :$' Improved Vacant Land TI) TD TD Mail to: Judith A. Pascale, Suffolk CounW Clerk ~ 7 I ~tle Company Information 310Center Drive, Riverhead, NY 11901 Jco:Nme www. suffoIkcou ntyny, gov/clerk JTide ~/~ .- Suffolk County Recording & Endorsement Page This page forms part of the attached (SPECIFY TYPE OF INSTRUMENT) ~,.~ ~ .~ P'"('~ a..,.'t ~/i.//~ ~.//~, 0.1 4- The premises herein is situated in SUFFOLK COUNTY, NEW YORK. i~ th~TOW~ of '-('~' ~ e A ~/~ In the VILLAGE or HAMLET of ,,~ U -P ~'~ BOXES 6 TI-LRU 8 MUST BE TYPED OR PRINTED 131 BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over). FARM EASEMENT AGREEMENT THIS INDENTURE, made as of this 3rd day of April, 2012, by JONATHAN WICKHAM, residing at 2056 S IH-45, Wilmcr, Texas 75172 (hereinafter referred to as "Jonathan") and JOHN L. WICKHAM, residing at 11752 Harford Road, Glen Arm, Maryland 21057 (hereinafter referred toes "John ~.i')~, t.~ ~ ~ ~, UU. ~ u". RECITALS: A. Jonathan and John L. are the owners otfa 5.7477 acre parcel of real property known as 726 Old Pasture Road, Cutchogue, Town of Southold, Suffolk County, New York 11971. SCTM# 1000-103.00-11.00-022.000 (the "Property); and B. Jonathan and John L. are conveying the development rights to a 5.3601 acre portion of the Property to the County of Suffolk, described in Schedule "A" attached hereto and referred to herein as the "Farm Parcel"; and C. Jonathan and John L. are retaining the .3876 acre portion of the Property described in Schedule "B' and referred to herein as the "Retained Parcel"; D. John L. is the owner of the adjacent parcel known as 744 Old Pasture Road, Cutchogue, New York 11935, SCTM# 1000-103.00-11.00-021.000, referred to herein as the "Residence Parcel"; and E. The northeasterly side of the Residence Parcel is encumbered by an easement for ingress and egress to the Property referred to on the survey prepared by Young & Young, Land Surveyors, dated February 8, 2012 (copy annexed hereto), which easement is more fully described in Liber 11860 cp 540 ("the Existing Easement"); and F. Jonathan and John L. desire to also provide ingress and egress by way of easement to the Farm Parcel from the Existing Easement over the Retained Parcel. NOW, THEREFORE, it is declared and agreed as follows: 1. Jonathan and John L. hereby grant an easement for ingress and egress over the Retained Parcel to the Farm Parcel over the area described in Schedule "C" and referred to herein as the "Farm Easement", for the benefit of the fee owners of the Farm Parcel and for the benefit of the County of Suffolk, as owner of the development rights thereon, in connection with its ownership of the development rights and not for general County purposes. 2. John L. as the owner of the Residence Parcel consents to the granting of the easement from Existing Easement as described herein. 3. The fee owners of the Retained Parcel, the Farm Parcel and the Residence Parcel will share the maintenance of the right of way area according to usage and responsibility for wear and tear. The County of Suffolk will not be responsible for such maintenance. 4. This Easement may not be revoked, rescinded, extinguished, modified or amended without the express written consent of the signatories, their successors and assigns, and the County of Suffolk as owner of the development rights on the Farm Parcel. 5. This Easement shall run with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described herein. IN WITNESS WHEREOF the Declarant has d~y ex/~ted, fi~is E?s//~nent the day and year first above written, i~o n abn 9~.(~l~a m b~~.' ~'~. /~ Th~as WickhaT, p~mey-i~-~t ~ 'JohnL. Wickham b~ - 4 ~ ~homas Wickham, Attorney-in-fact ~ ~ ~ STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: ./. ! / ~ ..~ /A../, ~,~ ~ On the ~ day of April, in the y~'O12fb'Jf 'r "me,the undersigned, personally appear~O-~ATI iAN V,'ICKiP~I, 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 individual, or the person upon behalf of which the individual acted, executed the instrument. S~gjaittnre-aCd p.ffice of Individua Ta~no~vledgment WENDY R STETrlNE Notary Public, State of New No. $0-484204§ Oualified in Suffolk Commission Expires August ~, 2013 STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On the ~ day of April, in the year 2012, before me, the undersigned, personally appeared JOHH L. WICKHAM, 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 individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of Individual Taking Acknowledgment Re/Wickham/farmeasementagm! SCHEDULE A (Description) Allthatce~ainplot, pieceorp~celofl~d, situ~e,l~ngandbe~g in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the westerly line of land now or formerly of Peter Preziosa and Louise Preziosa, at NYS Plane Coordinate NAD 1985 North 311,067.55 East 1,404,199.82, said '~ point being situate the following four (4) courses and distances from the intersection of the southwesterly side of Honeysuckle Lane and the northwesterly side of Old Pasture Road; 1. North 34 degrees 33 minutes 11 seconds East, 10.07 feet as measured along the northwesterly side of Old Pasture Road; 2. North 48 degrees 50 minutes 09 seconds West, 166.72 feet as measured along the centerline of the 16 1/2 foot right of way as described in Liber 5893 page 354; 3. South 36~, degrees 15 minutes 31 seconds West, 219.36 feet as measured along said centerline; 4. North 53 degrees 44 minutes 29 seconds West, 33.25 feet as measured along the westerly line of land now or formerly of Peter Preziosa and Louise Preziosa; RUNNING THENCE from said point of beginning through the party of the first part the following four (4) courses and distances: 1. South 36 degrees 15 minutes 31 seconds West, 149.16 feet; 2. South 53 degrees 44 minutes 29 seconds East, 115.00 feet; 3. North 36 degrees 15 minutes 31 seconds East, 30.00 feet; 4. South 53 degrees 44 minutes 29 seconds East, 168.81 feet to the approximate high water mark of Wickham Creek; RUNNING THENCE along the high water mark of Wi~kham Creek, the following three (3) tie-line courses and distances: 1. South 60 degrees 37 minutes 00 seconds West, 38.02 feet; 2. South 37 degrees 54 minutes 43 seconds West, 66.64 feet; 3. South 55 degrees 33 minutes 26 seconds West, 27.07 feet to land now or formerly Wickham's Fruit Farm; RUNNING THENCE North 59 degrees 23 minutes 29 seconds West along land now or formerly Wickham's Fruit Farm 901.47 feet to other land now or formerly Wickham's Fruit Farm; RUNNING THENCE along other land now or formerly Wickham's Fruit Farm and along land now or formerly of Peter Preziosa and Louise Preziosa the following three (3) courses and distances: 1. North 20 degrees 29 minutes 01 second East, 290.67 feet; 2. South 62 degrees 36 minutes 49 seconds East, 356.55 feet; 3. South 53 degrees 44 minutes 29 seconds East, 366.57 feet to the point or place of BEGINNING. SCHEDULE "B" (RETAINED PARCEL) All that certain plot piece or parcel of land, situate, lying and being in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the westerly line of land now or formerly of Peter Preziosa and Louise Preziosa, at NYS Plane Coordinate NAD 1985 North 311,067.55 East 1.404, t 99.82, said point being situate the following four (4) courses and distances from tl~e intersection of the southwesterly side of Honeysuckle Lane and the northwesterly side of Old Pasture Road; i. North 34 degrees 33 minutes 11 seconds East, 10.07 feet as measured along the northwesterly side of Old Pasture Road; 2. North 48 degrees 50 minutes 09 seconds West, 166.72 feet as measured along the centerline of the 16 '/2 foot right of way as described in Liber 5893 page 354; 3. South 36 degrees 15 minutes 31 seconds West, 219.36 feet as measured along said centerline; 4. North 53 degrees 44 minutes 29 seconds West, 8.25 feet to the true point or place of beginning; RUNNING THENCE southerly from said point of beginning along land of John L. Wickham, South 36 degrees 15 minutes 31 seconds West, 80.00 a point; THENCE South 53 degrees 44 minutes 29 seconds East, 273.96 feet to the approximate high water mark of Wickham Creek; THENCE running along the approximate high water mark of Wickham Creek the tie lines being the following two (2) courses and distances: 1. South 54 degrees 58 minutes 03 seconds West, 23.86 feet; 2. South 60 degrees 37 minutes 00 seconds West, 18.18 feet; RUNNING THENCE through land of Jonathan Wickham and John L. Wickham the following four (4) courses and distances: 1. North 53 degrees 44 minutes 29 seconds West, 168.81 feet; 2. South 36 degrees 15 minutes 31 seconds West, 30.00 feet; 3. North 53 degrees 44 minutes 29 seconds West, 115.00 feet; 4. North 36 degrees 15 minutes 31 seconds East, 149.16 feet. THENCE along the southerly side of land of now or formerly of Preziosa South 53 degrees 44 minutes 29 seconds East 25.00 feet to the point or place of BEGINNING. reAvickham/retainedparcet SCHEDULE "C" <' '(~'~' F~Sm~r ) All thac certain pl6t, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly line of land now or formerly of Peter Preziosa and Louise Preziosa, said point being situate the following four (4) courses and distances from the intersection of the southwesterly side of Honeysuckle Land and the northwesterly side of Old Pasture Road; 1. North 34 degrees 35 minutes 11 seconds East, 10.07 feet as measured along the northwesterly side of Old Pasture Road; 2. North 48 degrees 50 minutes 09 seconds West, 166.72 feet as measured along the centerline of the 16 1/2 foot right of way as described in Liber 5893 Page 354; 3. South 36 degrees 15 minutes 31 seconds West, 219.36 feet as measured along said centerline; 4. North 53 degrees 44 minutes 29 seconds West, 8.25 feet as measured along the westerly line of land now or formerly of Peter Preziosa and Louise Preziosa; RUNNING THENCE from said point of beginning South 36 degrees 15 minutes 31 seconds West along land now or formerly of John L. Wickham, 25.00 feet to a point; RUNNING THENCE South 81 degrees 15 minutes 31 seconds West through the retained parcel, land of the party of the first part, 35.36 feet to a point; RUNNING THENCE North 36 degrees 15 minutes 31 seconds East along the acquisition parcel, land of the party of the first part 50.00 feet to land now or formerly of Peter Preziosa and Louise Preziosa;. RUNNING THENCE South 53 degrees 44 minutes 29 seconds East along land now or formerly of Peter Preziosa and Louise Preziosa, 25.00 feet to the point or place of BEGINNING.