HomeMy WebLinkAboutL 12723 P 135 SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 03/11/2013
Number of Pages: 7 At: 09:41:29 AM
Receipt Number 13-0027922
TRANSFER TAX NUMBER: 12-17545 LIBER: D00012723
PAGE: 135
District: Section: Block: Lot:
1000 143.00 03.00 033.004
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $35.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $5.00 NO Notation $0.00 NO
Cert.Copies $0.00 NO RPT $120.00 NO
Transfer tax $0.00 NO Comm.Pres $0.00 NO
Fees Paid $200.00
TRANSFER TAX NUMBER: 12-17545
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JiJDITH A. PASCALS
County Clerk, Suffolk County
LJ u
Number of pages
REruRPED
Tl~is documel~t wilE be public 4a>s Mar t; u9:ai:29 RM
TUDITH t~. PHSLaLE
record. Please remove all CLERK OF
Sotial Security Numbers suFF~~LK et~ur~Tv
prior to recording. L D00012?2
P 13`
Deed /Mortgage Instrument Deed /Mortgage lax Stamp R~~i~r~i~ig/ ~1~itig Stamps
' 3 FEES
Page/Filing Fee Mortgage Amt.
1. Basic Tax
Handling S 00 2. Additional Tax
TP-584 Sub Total
Notation SpecJAssit.
- or
EA-5217 (county) Sub Total Spec. /Add.
EA-52 tat) TOT. MTG. TAX
Dual Town Dual County _
R..T.S.A.~ Held for Appointment
Comm. o Ed. S• 04 ~ ; Transfer Tax
Affidav' ~ ~ Mansion Tax
ft
~
°°~~~YYY/// ~ The property covered by thls mortgage Is
Certified Copy or well be Improved by a one or twc
NYS Surtliarge 15, 00 family dwelling only.
Sub Total YES or NO
Other •
Grand Tot; If N0, see a proprlate tax clause on
'T-- S page of th! in ument.
1000 14300 0300 033004
4 Dist. 1000 1000 14300 0300 033005 ~ 5 Community Preservation Fund
STS
Rea! Property R SMI A Consideration Amount $
' Tax Service 04-MAR-1
Agency CPF Tax pue $
Verification
Improved
6 Satisfactions/Discharges/Releases Llst Property Owners Mailing Address
RECORD & RETURN T0: Vacant Land
William C. Goggins PC TD~
Goggins and Palumbo
13235 Main Road,
P.O. Box 65 TD
Mattituck, New York 11952 TD
' Mail to: Judith A, Pascale, suffoik County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901• Co, Name
wwwsuffolkcountyny.gov/clerk Tltle #i
B Suffolk County Recording & Endorsement Page
This page forms part of the attached Easement made
bY~ (SPECIFY TYPE OF INSTRUMENT)
Unexcelled, LLC The premises herein is situated in
SUFF
ULK COUNTY, NEW YORK.
TO In the TOWN of Southold
BKLT LLC In the VILLAGE
orHAMLETof Mattituck
BOXES G THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
WATER EASEMENT
THIS AGREEMENT made this a~~day of 2012, between Unexcelled, LLC, a
New York limited liability company, having an address at 330 Eastwood Drive, Cutchogue, New
York 11935, "party of the first part", and BKLT, LLC, a New York limited liability company,
having an address at 122 Union Ave, East Patchogue, New York 11772, "party of the second
p~,~
WHEREAS, the party of the first part, is owner in fee simple of the parcel of land located
at and designated as 10300 Rt. 25, Mattituck, NY 11952, SCTM #1000-143.00-03.00-033.004
(formerly part of Lot 33.2), more fully described in Schedule A, (hereinafter referred to as Parcel
1) and
WHEREAS, the party of the second part, is owner in fee simple of the parcel of land
located at and designated as Rt. 25, Mattituck, NY 11952, SCTM #1000-143.00-03.00-033.005
(formerly part of Lot 33.2), more fully described in Schedule B, attached hereto, (hereinafter
referred to as Parcel 2) and
WHEREAS, the party of the first part intends to grant an easement to the party of the
second part for a portion of the parcel of land described in Schedule A, said easement more fully
described in Schedule C, attached hereto.
WITNESSETH
NOW IN CONSIDERATION of Ten Dollars l 0.00} each to the other paid and the
receipt of which is hereby acknowledged and other good and valuable consideration, the party of
the first part hereby grants and conveys unto the party of the second part, their heirs, successors
and/or assigns which shall come into title to said Parcel 2, a permanent and perpetual easement
that runs with the land, as set forth more fully in Schedule C, for the purpose of placement,
installation, maintenance, repair, inspection and replacement of water lines, and the party of the
second part, their heirs, successors andlor assigns, and shall restore the area to its original
condition after installation, maintenance, repair, inspection and replacement of such service
utility, over the premises more particularly described in Schedule A. The cost of installation,
maintenance and repair of said water line and to restore the area shall be born solely by the party
of the second part, their heirs, successors and/or assigns.
The installation of said water line within the easement area, as described in Schedule C,
for the benefit of Parcel 2, must be with the consent of the Suffolk County Department of Health
Services.
The party of the frst part, its successors and assigns, retain unto itself all rights to fully
enjoy its aforedescribed premises except for the purposes herein granted to the party of the
second part.
The aforementioned Easement contained herein shall be enforceable by the County of
Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The
failure of any agencies or departments of the County of Suffolk, the DEPARTMENT, or the
County of Suffolk, to enforce the same shall not be deemed to affect the validity of this easement
1
nor to im ose an Iiabilit whatsoever u on the Coun of Suffolk or an officer or em loyee
p Y Y p h' Y p
thereof,
This rant of easement shall at all times be deemed a continuin covenant that runs with
g g
the land and shall be binding upon, and inure to the benefit of heirs, successors and/or assigns of
all parties to this agreement.
i wi h ri r wri
This grant of easement shall not be terminated or extingu shed tout the p o tten
approval of the Suffolk County Department of Health Services.
1N WITNESS WHEREOF the arties hereto have set their hands and seals on the da
P Y
and ear first above written.
Y
Unexcelled, C
By:
oy J. enhaar, Manager
BKLT, LC
BY~ f
David R. Schoenhaar, Manager
2
, ,
ACKNOWLEDGMENTS
State of New York)
ss.:
County of ~~5~`)
On the o~~day of in the yeara~l~before me, the undersigned,
personally appeared ROY 3. SCHOENHAAR, 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.
SUZANN
E FiAR7MAlV ,
Note Public State of
ry New York
No. 4
i 1-4829953
Ouafffied in S~~folk County ~ ? ,
Commiss~on Expires October 31, 20~? Notary 1tC
State of New York)
~!1°5~: ss.:
County of )
~,t~-P~ ~ 0201
On the da of ~ in the ear ~efore me the undersi ned
Y Y ~ g
' personally appeared DAVID R. SCHOENHAAR, 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.
Not P lic
SUZANNE HARMAN
of New York
Public, State
Notary
No. 41-4829953
Qualified in Su'ftolk County
Commission Expires October 33, 20
3
i ,
i
.
SCHEDULE A
(PROPERTY DESCRIPTION OF LOT 433.444)
ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND
BE1NG AT MATTITUCK IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND
' STATE OF NEW YORK KNOWN AND DESIGNATED AS LOT 1 AS SHOWN ON A
CERTAIN MAP ENTITLED "STANDARD SUBDIVISION OF CHASE BANK,
MATTITUCK" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF
SUFFOLK ON JUNE 4, 2010 AS MAP NUMBER 11767; SAID LOT BEING MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
j BEGINNING AT A POINT BEING 133.00 FEET NORTHEASTERLY FROM THE
INTERSECTION FORMED BY THE SOUTHERLY SIDE OF N.Y.S. RT. 25 AND THE EAST
SIDE OF MARLENE LANE TO THE POINT OF BEGINNING;
RUNNING THENCE NORTH 39 DEGREES 24 MINUTES 00 SECONDS EAST, 110.3 I
FEET;
i
THENCE NORTH 49 DEGREES 36 MINUTES 40 SECONDS EAST, 86.75 FEET;
THENCE SOUTH 23 DEGREES 14 MINUTES 30 SECTIONS EAST, 57.60 FEET;
THENCE SOUTH 29 DEGREES 36 MINUTES 00 SECONDS WEST, 83.26 FEET;
i
THENCE SOUTH 60 DEGREES 24 MINUTES 00 SECONDS WEST, 13.53 FEET;
I
THENCE SOUTH 23 DEGREES 14 MINUTES 30 SECONDS EAST, 251.98 FEET;
THENCE SOUTH 66 DEGREES 16 MINUTES 00 SECONDS WEST, 153.70 FEET;
THENCE NORTH 23 DEGREES 44 MINUTES 00 SECONDS WEST, 270.60 FEET TO THE
' POINT OR PLACE OF BEGINNING.
FOR INFORMATION ONLY: DISTRICT 1000 SECTION 143.00 BLOCK 03.00 LOT:
033.004.
i
i
4
I
.
I
I '
SCHEDULE B
{PROPERTY DESCRIPTION OF LOT 033.005)
ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND
BEING AT MATTITUCK IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND
STATE OF NEW YORK KNOWN AND DESIGNATED AS LOT 2 AS SHOWN ON A
CERTAIN MAP ENTITLED "STANDARD SUBDIVISION OF CHASE BANK,
MATTITUCK" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF
SUFFOLK ON JUNE 4, 2010 AS MAP NUMBER 11767; SAID LOT BEING MORE
~ PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT BEING 133.00 FEET NORTHEASTERLY FROM THE
INTERSECTION FORMED BY THE SOUTHERLY SIDE OF N.Y.S. RT. 25 AND THE EAST
i SIDE OF MARLENE LANE RUNNING THENCE SOUTH 23 DEGREES 44 MINUTES 00
SECONDS EAST, 270.60 FEET TO THE POINT OF BEGINNING:
RUNNING THENCE NORTH 66 DEGREES 16 MINUTES 00 SECONDS EAST, 153.70
FEET;
THENCE NORTH 23 DEGREES 14 MINUTES 30 SECONDS WEST, 2S 1.98 FEET;
THENCE NORTH 60 DEGREES 24 MINUTES 00 SECONDS WEST, 13.53 FEET;
i
THENCE NORTH 29 DEGREES 36 MINUTES 00 SECONDS EAST, 83.26 FEET;
i
~ THENCE SOUTH 23 DEGREES 14 MINUTES 30 SECONDS EAST, 203.55 FEET;
THENCE SOUTH 71 DEGREES 03 MINUTES 00 SECONDS WEST, 20.00 FEET;
THENCE SOUTH 21 DEGREES S6 MINUTES 10 SECONDS EAST, 269.91 FEET;
THENCE SOUTH 71 DEGREES 22 MINUTES 10 SECONDS WEST, 79.80 FEET;
THENCE SOUTH 19 DEGREES 48 MINUTES 30 SECONDS EAST, 75.00 FEET;
THENCE SOUTH 71 DEGREES 22 MINUTES 10 SECONDS WEST, 266.30 FEET;
THENCE NORTH 23 DEGREES 44 MINUTES 00 SECONDS WEST, 245.70 FEET TO THE
POINT OR PLACE OF BEGINNING.
i
FOR INFORMATION ONLY: DISTRICT 1000 SECTION 143.00, BLOCK 03.00, LOT:
033.005.
i
I
5 .
i
• ~ SCHEDULE C
(WATER SERVICE EASEMENT DESCRIPTION}
ALL THAT PIECE OR PARCEL OF LAND, SITUATED AT MATTITUCK, TOWN OF
SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK, BOUNDED AND
' DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT BEING THE FOLLOWING {2} COURSES AND DISTANCES
FROM THE CORNER FORMED BY THE SOUTHERLY SIDE OF N.Y.S. RT. 25 AND THE
EAST OF MARLENE LANE:
~ 1. N. 39 DEGREES 24 MINUTES 00 SECONDS E. 243.31 FEET
i
2. N. 49 DEGREES 36 MINUTES 00 SECONDS E. 3b.$7 FEET TO THE POINT OF
BEGINNING.
RUNNING THENCE N. 49 DEGREES 36 MINUTES 00 SECONDS E, 49.88 FEET;
THENCE S. 23 DEGREES 14 MINUTES 30 SECONDS E. 57.60 FEET;
THENCE S. 29 DEGREES 36 MINUTES 00 SECONDS W. 20.63 FEET;
THENCE N. 60 DEGREES 24 MINUTES 00 SECONDS W. 30.59 FEET;
THENCE ALONG A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 50.00
FEET AND DISTANCE OF 17.45 FEET;
THENCE N. 40 DEGREES 24 MINUTES 00 SECONDS W. 16.34 FEET TO A POINT OR
PLACE OF BEGINNING, BEING 2,190 SQUARE FEET OR 0.05 ACRES MORE OR LESS
AND ALSO AS BEING SHOWN ON THE COUNTY OF SUFFOLK REAL PROPERTY TAX
MAP AS DISTRICT 1000, SECTION 143.00, BLOCK 03.00, LOT: 033.004.
i
i
I
6