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HomeMy WebLinkAboutL 12708 P 980I IIIIIIIIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Number of Pages: 12 Receipt Number : 12-0120569 TRANSFER TAX NUMBER: 12-06387 District: 1001 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 005. O0 04. O0 EXAMINED AND CHARGED AS FOLLOWS $0.00 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: 12-06387 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 10/19/2012 09:56:02 AM D00012708 980 Lot: 040.002 $0 00 $0 00 $o oo $o oo $0 00 $0 00 Exempt YES YES YES YES YES Number of p.ages · This document will be public record. Please remove all Seciai Security Numbers' prior to recording. ~ / Mortgage Instrument Page / Filing Fee Handling C~. Notation EA-52 17 (County) EA-$217 (S tag) \ Comm. of Ed. 5. O0 Affidavit Certified Copy NYS Surcharge . Deed / Mortgage Tax Stamp SubTotal Sub Total ~~4,~00~,~~~)~/. ~'~'~ ' C_,mud Total 1001 00500 0400 4 [ Dist/a~' Real Property Ta~ Service Agency Veriticadon RECORDED 20t2 Oc~ 19 09:56:02 ~H JUDITH ~. PaSD~LE CLERK OF SUFFOLK COUNT? L 000012708 P 980 OT~ !2-06587 . Recording / FRing Stamps. Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total SpaeJAssit. or Sl~./Add.. TOT. MTG. TAX 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 oRly. YES or NO If NO, see appropriate tax clause on page #~ of this instrument: Commaait~ Consideration Amount $ .x Due $ Improved Satisfaclions/Dischnrges/Releases List Property Owners Mailiag Address / . . '. RECORD & RETURN TO: / ' Vacant Land EC.,.b . i"."'o:','u,:",', ^. O,.r,,' I"' I %,,Company Informs.on ' I 310 Contor Orive, Riverhead, ~¥ 11901 [Co Name j · . s j Suffolk Coun~ Record,ng & Endorsement Page This page forms part of the auached ~'~'".,,~ ~rv ~ ' Vt Ilo~e 'j~ ~-~T The premises hercin is situated in TO'" In the TOWN of J~o ~-~, o [c~ ' BOXES 6 THRU $ MUST BE 3(~ED OR PRINTED IN BLACK INK ONLY PRIORTO ~ RECOP. D~O OR made by: EASEMENT THIS INDENTURE, made this Z~~ day of f/la. aA, ~ t t , between Village of Greenport, a municipal corporation of the State of New York having its principal place of business at 2.3.6 Third Street, Greenport, NY, 11944 (hereinafter referred to as "Grantor"); and the County of Suffolk, a municipal corporation of thc State of New York with offices at Suffolk County Center, Center Drive, Riverhead, New York 11901 (hereinafter referred to as'"Grantee"): WITNESSETH: WHEREAS, the Grantor covenants that it is seized of certain premises (the "Subject Premises") described in Schedule "A", attached hereto and made a part hereof, of which a Map or Survey is also attached hereto and made a part of hereof, as Schedule "B", and further the Grantor also covenants that it has good fight and title to convey the Subject Premises; and WHEREAS, the Grantor desires to participate in the Grantee's Downtown Revitalization Program, which will consist of a joint project in which the Grantee shall agree, pursuant to an intermunieipal agreement between the Grantor and the Grantee, to assist in the financing of the construction of certain infrastructure improvements on land not owned by the Grantee; and WHEREAS, in conformity with the Grantee's Downtown Revitalization Program, the Grantor is required to grant an easement to the Grantee, comprised of that portion of the Subject Premises upon which such infrastructure improvements will be built, along with the real property necessary to gain access to such infrastructure improvements; and WHEREAS, the Grantor desires to convey an easement, for the time period stipulated in paragraph 6 of this Indenture, on, over, across and in all or a portion of the Subject Premises to the Grantee, and its successors and assigns, for the purposes as set forth below: NOW, THEREFORE, the Grantor does hereby grant and convey unto the Grantee, and its successors and assigns, an easement on, over, across and in all or a portion of the Subject Premises (hereinafter referred to as the "Easement," described in Schedule "C", attached hereto and made a part hereof, of which a map or survey is also attached herein and made a part hereof as Schedule "D"). Said Easement herein granted includes the following fights and privileges: 1. The right and privilege, but not the obligation or duty, to ascertain site conditions and/or inspect, build, operate, maintain, remediate and gain access, as necessary, to the following infrastructure improvements (the "Infrastructure Improvements") at the Subject Premises without limitation, along with the real property necessary to gain access to such Infrastructure Improvements: A) construction of public restrooms 2. Such right and privilege is for the purpose of protecting the Grantee's interest in this Easement only, and is not for the purpose of ensuring the safety of persons on or near the Subject Premises. 3. The right and privilege shall be deemed to include, but not be limited to, ingress and egress over the Subject Premises in order to accomplish the rights and privileges granted in paragraph 1 of this Easement; and 4. The right to clear and disturb, in any reasonable manner, form or way, without limitation, the Subject Premises to effectuate the terms of this Easement. TO HAVE AND TO HOLD, the rights and easements granted herein unto the Grantee, and its successors and assigns, and which shall run with the Subject Premises for the time period stipulated in paragraph 6 of this Easement, said Grantor and Grantee mutually agree and covenant as follows: 5. All Infrastructure Improvements as identified in paragraph 1 above, constructed by or on behalf of the Grantor, and its successors and assigns, upon the Easement, shall be and remain property of the Grantor, and its successors and assigns, until such time as this Easement is terminated. 6. a. This Easement shall commence upon its execution by the Grantor, and is deemed a condition precedent for the Grantee's participation in the funding of the Grantor's Infrastructure Improvements via the Grantee's issuance of its notes and/or bonds. b. This Easement shall terminate upon the condition precedent of written notice given by the Grantee to the Grantor, upon the occurrence of either of the following events: (i) That the subject notes and/or bonds issued to finance all or part of the costs of the Infrastructure Improvements are fully paid and retired. (ii) Upon full payment by the Grantor to the Grantee, of an amount comprised of the outstanding principal amount of the Grantee's notes and/or bonds issued to finance all or part of the cost of the Infrastructure Improvements, pIus all of the Grantee's issuance costs, interest costs, redemption premiums, and penalties, if any, and administrative soft costs therefore, should there be any failure to comply with the terms and conditions of the Capital Project Agreement between the Grantor and the Grantee of even date herewith. easement. The Grantee shall have the right of quiet enjoyment of said fights and 8. The Orantee agrees to reasonably restore any Easement area(s) or other areas on the Subject Premises disturbed by the Grantee to a condition similar to that which existed prior to the disturbance. 9. The Grantor agrees that the terms, conditions, covenants, restrictions, and purposes of this Easement shall continue for the time period stipulated in paragraph 6 above, and the same shall be incorporated by reference in any subsequent deed or other legal instrument by which the Grantor divests itself of either the fee simple title to, or other possessory interest in the Subject Premises, or any portion thereof, specifically setting forth the date of this Easement and also the date that this Easement was recorded in the Suffolk County Clerk's Office, and the Liber and page thereof. 10. Except as set forth in paragraph 11 below, any role of strict construction designed to limit the breadth of the restrictions in the use of the Easement shall not apply in the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effectuate the purposes of this Easement as intended by the Grantor and Grantee. 11. The Grantor and Grantee acknowledge, agree and accept that this Easement shall be deemed to have been made pursuant to and in accordance with Suffolk County Legislative Resolution No. 808-1998 and the Rules and Regulations promulgated thereunder, and the Grantor shall be, and remain in compliance therewith. 12. Notwithstanding anything to the contrary, the Grantor, and its successors and assigns, agree that anyone who legally uses the Subject Premises, shall have the reasonable right to reasonably cross over the Easement, so long as the Grantee's rights, privileges and usage, as stipulated in this Easement, are not obstructed thereby. 13. The Grantor shall maintain the Easement in good repair at its sole cost and expense. 14. The Grantor shall, at its sole cost and expense, secure any and all permits or licenses which may be lawfully required by, and shall abide by all laws, roles, regulations and codes of, each and every municipality and/or department and/or agency, whether federal, state, or local, having jurisdiction in or over the Easement. 15. It is intended by the parties to this Indenture that the Easement is necessary for the issuance of bonds in connection with the Grantee's Downtown ' Revitalization Program and the Grantor's participation in such program, and is not intended to establish any liability to the Grantee regarding any construction, building or work performed at the Subject Premises. The Grantor agrees that it shall protect, indemnify and hold harmless the Grantee and its officers, officials, employees, contractors, agents and other persons from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys' fees, whatsoever, arising out of the acts, omissions or the negligence of the Grantor in connection with any construction, building and work performed at the Subject Premises, the use of the Subject Premises and this Easement. The Grantor shall defend the Grantee and its officers, officials, employees, contractors, agents and other persons in any claim and/or suit, including appeals, or at the Grantee's option, pay the Grantee reasonable attorneys' fees for defense of any such suit arising out of the acts, omissions or negligence of the Grantor, its officers, officials, employees, subcontractors or agents, if any, in connection with any construction, building and work performed at the Subject Premises, the use of the Subject Premises and this Easement. 16. The Grantor represents and wan'ants that neither the Grantor nor any official, officer, or employee of Grantor, has offered or given any gratuity to any official, employee or agent of Grantee, Suffolk County, New York State or any political party with the purpose or intent of securing favorable treatment with respect to the awarding or amending of an agreement, or the making of any determinations with respect to the performance of an agreement, and that Grantor has read and is familiar with the provisions of Suffolk County Local Law Number 32-1980. 17. The Grantor, in compliance with Section 13 of the Lien Law, hereby covenants that the Grantor will receive the funding provided by the Grantee under the Grantee's Downtown Revitalization Program and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvements and will apply the same first to the payment of the cost of the improvements before using any part of the total of the same for any purpose. 18. This Easement shall mn with the land and shall be binding upon the parties theretoi their heirs, distributees, executors, successors, and assigns for the time period set forth in paragraph 6 above. 4 ' IN WITNESS WHEREOF, the Grantor and Grantee have duly executed this Easement as of the date first above wri~en. Name of Grantq~ //// By: ~i/~~ Name A./,o...,...' c) ~0'~,,..~ Al' Date: Approved as to Legality: Christine Malafi, County Attorney By: Jacquelin&C~uti Assistant County Attorney Date: By: ~./~/~ Deputy CounW Executive Date: Approved: Department of Economic Development & Workfor;~ I~ou~,.-~n , 0 /~) Y s R ichel · C~mis'sio'~ner ACKNOWLEDGEMENT STATE OF NEW YORK} COUNTY OF SUFFOLK} SS: On the ~day of ~ ~¢-f.~ in the year 2011 before me, the undersigned, personally appeared ~1~ ~ ~ k~ t~ (i° __ , personally known to A me or proved to me on the basis of satisfactory e~dence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individuals(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public, State Of New York No. 01 HE6059270 Qualified fn Suffolk County ,..~ Commission Expires July 23, 20 I_-..,~ taking acknowledgement) 6 ACKNOWLEDGEMENT STATE OF NEW YORK} COUNTY OF SUFFOLK} SS: Undersigned, personally appeareO/~r,j.~ot~,]i~r~,/-..~2', personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individuals(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Signature and office of individual taking acknowledgement) COLLEEN A, BADOL/10'O Notary Public, State of NewYo~ No. 01BA6219256 Oualified irt Suffolk Court~ 7 oc: q?'7 ALt, that ceftin plo[, pi~c~ or pzrcat of ~d~ sieur, l)~ ~d ~[n~ in ~h~ Vi~ of Gr~n~, To~ or Southol~, Sur~ol~ C~n~, S~= o/~ York, ~und~ ~EG~G at ~ ~int on ~c Sou~uly side or Front S~, ~i~t 237.16 f~ [9~c~y ~ ~nter~t~on olme ~d Southerly side of Front S~t w[ffi ~ ~rly s]ac ox J mrd 5~t; . · ' R~G' T~CE ~ong ~d mJnul~ 30 ~co~ds ~t, 50.0 [~1;' RUH~NG ~CE a~ng ~c W~mfly,. S~u~y ~d ~st:ly si6~or ~ n~ or formerly of U.S. G~emmem rost 1. SguA 5 ~e~ 03 minutes 20 ]..No~ 84 dg~r~ 33 m~ut~ 30 ~onds ~t, 76.81 f~; Front S~t; ' ' - umcny siae o; from ~t~[, ~4.~5 fret m l~d now or fom~ly of BI~; ~CE Sou~h ? dcg~s 10 m{no~ 50 ~nds ~st ~ons 1~ m~6on~ [~ 136 ~CE ~o~ D d~r~s 16 minu~ 50 rands W~t ~ ~ng ~ds now or fomerSy of ~ A~r t~.24 f~t to ~he Sou~erty sid~ of Front S~; [ ~t ~l. le t~t ~ ]~0 now of l~ly or ~]er; ~CE Sou~ 7 deg~ 10 ~nu~ 10 ~ong lao now or m~ly ~f ~ Aquila ~.35 f~to t~ now or. fondly.of J, ~CE Sou~ 5 dcg~ 4~ midu~ .lO--rids ~t~g ~.~5~ ~'~0 f~t; ..... 45.92 f~ ~ l~o no~ or mm~y of ~0q Alley, hc.; · . ' [~CE Sou~ 6 deg~ 49 minu~ 10 rands I~d now o= fo~eriy of ~i~, ~d ~ong ~c lin~ of SU~ ~mt 1~ f~; ' =onds W~t, 558.33 ~t ~ t~o now or.zo~erly of Kontotos~;. . , ' b ~N~ ~E ~ong .~c ~ly si~ of t~d now or lo.Fly of'Kon~t ~. . · - . . FI~ONT STREET SURVEY OF PUBLIC RESTROOM AT MITCHELL PARK TH~ INCORPORAT'gD VII,LAGI~ OF GR£I~NPORT TOWN OF $OUTHOLD SUFFOLK OOUNTY, NEW YORK Nathan Taft Corwln mI ~ .~Jrveyor I I Se.J~edc~ Lc "~ Exhibit C Description of Improved Property Improvements (new bathrooms) are located on the Village right of way thirty feet South and west from the southerly terminus of First Street as indicated on the attached site plan. The premises improved by the bathroom building improvements is 30 feet by 12 feet by 30 feet by 12 feet. SITE PLAN EAsT NORTH (~ ELEVATIONS 1/8'--1' -0"