HomeMy WebLinkAboutL 12721 P 535SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT
Number of Pages: 9
Receipt N~mher : 13-0021608
TRANSFER TAX NUMBER: 12-16338
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
021.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
02/25/2013
01:17:33 PM
D00012721
535
Lot:
030.002
Received the Following Fees For Above Instrument
Exempt
Page/Filing $45.00 NO Randling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert. Copies $0.00 NO RPT
Transfer tax $0.00 NO Comm. Pres
Fees Paid
TRANSFER TAX NUMBER: 12-16338
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
$20.00
$15.00
$o.00
$z20.00
$0.00
$210.00
Exempt
NO
NO
NO
NO
NO
JUDITH A. PASCALE
County Clerk, Suffolk County
Numbel at'pages
This document wild be public
P~ease ~,emove aJJ
recordl "
Social SecuriLy Numbers
prior to i'ecolding
Deed / Mortgage Insuumen~
Page/,Oiling Fee
Handl.ing (~/Ni~. O0
Notalion
~A-S2 17 (County)
Corem. of Ed. 5, 00
Affidavil
Cerli[ied Copy
NYS Surcharge 15. ~0
Olher
Agency
RECORDED
2013 Feb 25 01:17:3~ PM
SUD[TH R. PRSCRLE
CLERK OF
SUFFOLK COUHTV
L DOOOI2721
P 535
DT# 12-163~8
Deed / Mortgage Tax Stamp
Recording / Filing Stamps
FEES
Sub Tolal
1000 02100 0100 030002
1000 02100 0100 030003
Consideration Amount $
CPF Ta~ue $
Mortgage Amt. ..
1. Basic Tax
2. Additional Tax
Sub Total
Sp~c./AssJt.
or
Spec./Add. -
TOT. MTG. TAX
Dual Town __ Dual .County
Held for Appointment __
Transfer Tax
Mansion Tax
The property coveted by this mortgage is
or witl be improved by a one or two
family dwelling only.
YES or NO
If NO, see app¢opriate tax clause on
page #
i0 t this inslrument.
Community Preservation Fund
Veri!icalion ~- - - . /' Improved.
Salisfactions/Dischacges/Releases Lisi' Properly Owners Mailing Address
I~ECOI~D & RETURN TO: / Vacam Land
131 . .
310 Center Dri,,e R ,e head NY 11901 I, ,. ~.
www.su.omcoun,yny.gowcle ' J¢;t~ ~
Suffolk County' Recording & Endorsement P ge
This page forms part of the attached
by:
TO
(SP£CIFY"I'Yt~E OF INSTRUMENT)
The premises herein is situaled, in
SUFFOLK COUNTY, NEW YORK.
'In the TOWN of ~C)
In the VILLAGE
or HAMLET ot' '
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED lN BLACK lNg, ONLY PRIOR TO RECORDING OR FILING.
made
tover]
Drivewa_v Easement
DECLARATION made this 27th day of December, 2012, by H. Lloyd Kanev and
Kaye E. Kanev, Fi,r,e Road 3,,,PO Box 6.0,1, East. Marion, New York 11939 (hereinafter
referred to as the De. clarant ). ;::~.~ rp~~.~j ~
WITNESSETH:
WHEREAS Declarant is the owner of land situate on the east side of Rocky Point
Road which is accessed by Fire Road 3, in the town of Southdd, County of Suffolk,
State of New York, and more particularly described as Suffolk County Tax Map No.
1000-021.00-01.00-030.002 (hereinafter known as "Parcel 1") and described in the
attached "Schedule ~q '; and
WHEREAS the Declarant wishes to sell and convey for valuable consideration
vacant land located on Rocky Point Road, East Marion, New York, more particularly
described as Suffolk County Tax Map No. 1000-021.00-01.00-030.003 (hereinafter
known as "Parcel 2"), more fully described in the attached Schedule 8: and
WHEREAS Declarant desires to provide temporary pedestrian and vehicle
access to the aforementioned property, and more particularly to the northern portion
thereof;
NOW, THEREFORE, it be declared as follows:
For a period from the date of this Declaration, existing until and no later than
December 27, 2014, Parcel 2 shall have a fifty (50) foot wide easement over the
south side of Parcel 1, beginning at Rocky Point Road, and running along the
south property line of Parcel 1, for a distance of four hundred and twenty (420)
feet, as described in the attached "Schedule C".
This easement is limited to pedestrian traffic, passenger and light vehicles only,
and shall not include access for construction or heavy equipment.
Should Parcel 2 be subdivided during the term on this easement, this easement
shall only apply to the subdivided parcel abutting and fronting upon Long Island
Sound, and not to any other lots created through subdivision.
If any section, subdivision, paragraph, clause, phrase or provision of this Driveway
Easement shall by a court of competent jurisdiction, be adjudged illegal, unlawful,
invalid or held to be unconstitutional, the same shall not effect the validity of the
easement as a whole, or any other part or provisions hereof other than the part to
be so adjudged be illegal, unlawful, invalid or unconstitutional.
The within D~'iveway Easement is 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 so fully set forth.
The within Driveway Easement shall run with the land and shall be binding upon
the Declarant, its successors and assigns, and upon all persons or entities
claiming under them or coming into ownership of any portion or subdivision of
Parcel 1.
IN WITNESS WHEREOF, the Declarant hereunto set his hand and seal as of the
day and year first above written.
H. Lloyd Kanev, Declarant
Kayg E. Ka~c:r~t, Declarant
STATE OF NEW YORK: COUNTY OF SUFFOLK, ss:
On the 27th day of December, 2012, before me the undersigned, a Notary Public in and
for said State, personally appeared H. LLOYD KANEV and KAYE E. KANEV, 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 same in their capacity.
Robin Curran
Notary PubliC, State of New Yo~k
No. 01CU4886786
· Qualified in Suffolk County ,
C~mmission Expires Feld. 17, 20_/
CERTIFICATE OF ACKNOWLEDGMENT
Pursuant to RPL 309-a (Within NYS)
STATE OF NEW YORK
COUNTY.OF .-~[¢ ss.:
On the .7.'~ day of ~¢i~l~v in the year '?-'4)17.- before me, the
undersigned, personally appeared ~ , 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 individual(s), or the person up.on behalf of which the individual(s) acted,
executed the instrument.
Notary Public
Robin Curmn
Notary Public, State ot New York
No. 01CU4886786
Qualified in Suffolk Courtly
Commission Ex~ims Feb. 17,'2~6_~
SCHEDULE
ALL ~ certn~n plm,'piece or pen:el of land. located at East Marion, Town of Southold, County
of Suffolk, State of'New York. more partk-ulndy bounded and descri .b~d as follows:
BEGINNING m n point on lhe westerly side of Rocky Point Road (Sound Avenue) nt the
nonllg~t comer of Lot I on Map ol'Slratmors F..s~¢s, filed in the Suffolk County Clerk's O~ee
on February 20. 1963 ns Map No. 3723: ...........................
FROM said poim of'beginnin8 nmnlng, along the northerly side ofsaid Loli on said map South
7q degrees 50 minutes 20 seconds West 188.68 feet~
RUNNING THENCE South 45 degtc~ 00 minutes 20 seconds West, 231.73 feet;
THENCE South 60 deLaY's 40 minutes 51 seconds West. 104.95 feet;
THENCE North 82 ClClltecs 31 minutes 48 seconds Wm. 124.9[ feeti
THENCE North 64 degrccs 58 minutes 21 seconds Wesl passing thtou~ a set re.bar, 401.04
feet to the apparent high water mark of Long Islund Sound';,
RUNNING TI IENCE along Ihe npparen! high water nmrk ot l.ong Island Sound the followin8
Ibm* (4) tie linc courses and tie line distances:
1. North 19 del~ees 27 minutes 43 seconds Fast, 64.85 feet; thence
2. Noah 24 ck'gree~ 42 minutes 3.5 seconds East, 3~.64 t'e~l; th~..nee
3. Noah 21 degrees 54 minutes 56 seconds Ea.~, 67.64 feel; thenc~
4. North 34 degrees 50 minutcs 23 seconds Ea.~, 167.98 feet to lands now or formerly of
Henry Viscatdi, Jr.: ............
RUNNING THENCE along sn~d lands now or formerly of Henry Viscardi, Jr., Ihe follov.,in8
four (41 eourse~ and distances:
I. South 15 dcl~'es 51 minutes 40 seconds Easi and passing, through a
monumcnL 25 !,114 fcet to n concrete monument;
2. South 60 degrees $1 minutes 40 seconds East, 122.47 feet to a concrete monument;
3. South 1.5 degR, cs 51 mlnutes 40 seconds Eh.vt 332.76 leon; and
4. North 74 degrees 08 minutes 20 seconds F. as~., 31. I0 feet m a concrete monumem and
lands now or Ibnnetly orNick and Koula Damoulakis;
RUNNING THENCE alor~ said lamis nov., or formerly of Nick and Koula DmTtoulakis thc
followJn8 two {2) courses and distances:
1. North 45 degrees 00 minut~ 20 seconds Earn, 215,85 feet; and
2. North 13 delpeCs 30 minutes 00 seconds West, 10.00 reel to lands now or formerly
Or~e Raymond;
RUNN~IG TI tE~C£ ulon~ ~id jm~ds now or t'om~urly ot'Omcc Raymo~ thc f'ollowin~ ~wo (2)
cou~ nnd cUstances:
1. South 56 du'lp~e~ 50 minutes 00 :~,coflds F.,uet, 14.$$ feet to n plpe; nnd
2. North 79 de, rets 50 minutes 20 seconds .Enst, 1~0.93 l'ect to a pipe on the westerly
slde of' Rocky l~oinl Road (Sound Avenue)i
RUNNING TI IENCE South 13 de,lpces 45 mlnutes 10 seconds Ensl nlong said westerly side
Rocky Point P..oed ISound Ay 'cnue), 50.10 feel to the point or piece ol~BEOINN[NO.
SCHEDULE
ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of
East Marion, Town of Southold, County of Suffolk and State of New York, known as and
by Lot No. 2 on a certain map entitled, "Setoff Map for H. Lloyd Kanev" filed May 9,
2007 in the Office of the Clerk of the County of Suffolk as Map No. 11523 (hereinafter
known as "Lot No. 2"), said lot being more particularly bounded and described as
follows:
BEGINNING at a re-bar set on the westerly side of Rocky Point Road distant northerly
4,287.62 feet from the corner formed by the intersection of the northerly line of Main
Road (New York State Route 25) and the westerly side of Rocky Point Road; said point
also being the division line between the premises being described and land now or
formerly of East Marion Woods Homeowners Association Inc.;
RUNNING THENCE along said division line South 75 degrees 38 minutes 40 seconds
West, 867.40 feet to a concrete monument and land now or formerly of Sy Ghassemi
and Catherine P. Ghassemi;
THENCE along said land the following two (2) courses and distances:
North 13 degrees 23 minutes 50 seconds West, 439.36 feet to a concrete monument;
North 13 degree 59 minutes 40 seconds West through a re-bar and pipe, 913.99 feet to
a tie line of apparent high water mark of Long Island Sound;
THENCE along said tie Iine North 19 degrees 27 minutes 43 seconds East, 106.80 feet
to the division line between premises being described and Parcel 1 shown on "Setoff
Map for H. Lloyd Kanev", filed 5/9/2007 as Map No. 11523;
THENCE along said division line and along the division line between premises being
described and Right of Way as shown on survey made by Nathan Taft Corwin III Land
Surveyor, dated 12/21/2012 the following four (4) courses and distances:
South 64 degrees 58 minutes 21 seconds East, 401.04 feet;
South 82 degrees 31 minutes 48 seconds East, 124.91 feet;
North 60 degrees 40 minutes 51 seconds East, 104.95 feet;
North 45 degrees 00 minutes 20 seconds East, 216.77 feet to the division line between
premises being described and Lot No. 1 as shown on "Map of Stratmors Estates" filed
2/20/1963 as Map No. 3723;
THENCE along said division line and along the division line between premises being
described and Lot Nos. 2, 5, 6, 7, 8 and 10 and Stratmors Road as shown on "Map of
Stratmors Estates" filed 2/20/1963 as Map No. 3723 the following five (5) courses and
distances:
South 13 degrees 29 minutes 40 seconds East, 188.19 feet to a concrete monument;
South 79 degree's 01 minutes 20 seconds West, 186.47 feet to a re-bar;
South 10 degrees 14 minutes 20 seconds East, 193.38 feet;
South 11 degrees 23 minutes 30 seconds East, 250.47 feet to a re-bar;
North 77 degrees 30 minutes 40 seconds East, 226.27 feet;
THENCE along the division line between premises being described and Lot No. 10 as
shown on "Map of Stratmors Estates" filed 2/20/1963 as Map No. 3723 and land now or
formerly of George Megdanis and Angela Megdanis, land now or formerly of Leonidas
Tsampas, Aspacia Tsampas, Konstantia Pierrakeas, Irene Sakoulas and John Tsampas,
land now or formerly of Irene Nanos and Stellos Nanos, land now or formerly of Nicolas
Chryssiadis and Katherine Chryssiadis and land now or formerly of John McNamara
and Patricia McNamara South 07 degrees 05 minutes 20 seconds East, 563.64 feet;
THENCE still along land now or formerly of John McNamara and Patricia McNamara
North 80 degrees 49 minutes 30 seconds East, 150.10 feet to the westerly side of
Rocky Point Road;
THENCE along said westerly side of Rocky Point Road the following two (2) courses
and distances:
South 07 degrees 05 minutes 02 seconds East, 4.29 feet; and
South 08 degrees 59 minutes 50 seconds East, 74.50 feet to the re-bar set on the
westerly side of Rocky Point Road, the point or place of BEGINNING.
50' Wide Right of Way
ALL that certain plot, piece or parcel of land situate, lying and being at East Marion, Town of
Southold, County of Suffolk and The State of New York, known and designated as part of Lot 1
as shown on a certain map entitled "Setoff Map for H. Lloyd Kanev" filed in the Office of the
Clerk of Suffolk County on May 9, 2007 as File No. 11523, more particularly bounded and
described as follows:
BEGINNING at a point along the westerly side of Rocky Point Road (Sound Avenue) where the
same is intersected by the northerly line of Lot 1 as shown on a certain map entitled "Map of
Stmtmors Estates" filed in the Office of the Clerk of Suffolk County on February 20, 1963 as File
No. 3723, said point being also 400.91 feet as measured northerly along the westerly side of
Rocky Point Road (Sound Avenue) from the comer formed by the intersection of the northerly
side of Stratmors Road and the westerly side of Rocky Point Road (Sound Avenue);
RUNNING thence the following two (2) courses and distances along the northerly lines of Lot 1
as shown on a certain map entitled "Map of Stratmors Estates" filed in the Office &the Clerk of
Suffolk County on February 20, 1963 as File No. 3723 and Parcel 2 as shown on a certain map
entitled "Setoff Map for H. Lloyd Kanev" filed in the Office of the Clerk of Suffolk County on
May 9, 2007 as Filed No. 11523:
(1)
(2)
South 79 degrees 50 minutes 20 seconds West, 188.68 feet to a point;
South 45 degrees 00 minutes 20 seconds West, 231.73 feet to a point;
RUNNING thence the following three (3) courses and distances through Lot I as shown on
above said map and along the southerly lines of lands now or formerly of Nick Damoulakis,
Koula Damoulakis and Grace Raymond:
(2)
(3)
North 36 degrees 27 minutes 55 seconds West, 50.39 feet to a point;
North 45 degrees 00 minutes 20 seconds East, 240.15 feet to a point;
North 79 degrees 50 minutes 20 seconds East, 200.93 feet to a point along the
westerly side of Rocky Point Road (Sound Avenue);
RUNNING thence South 13 degrees 45 minutes 10 seconds East along the westerly side of
Rocky Point Road (Sound Avenue), 50.10 feet to the point or place of BEGINNING.