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HomeMy WebLinkAboutL 12743 P 316 111111111111 IIIII IIIII IIIII 11111 IIIII IIIII IIIII IIII IIII 111111111111 !1111 llll IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 09/06/2013 Number of Pages: 11 At: 02:31:11 PM Receipt Number : 13-0112505 TRANSFER TAX NUMBER: 13-03545 LIBER: D00012743 PAGE: 316 District: Section: Block: Lot: 1000 117.00 08.00 018.001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $0.00 YES Handling $0.00 YES COE $0.00 YES NYS SRCHG $0.00 YES TP-584 $0.00 YES Notation $0.00 YES Cert.Copies $0.00 YES RPT $0.00 YES Transfer tax $0.00 YES Comm.Pres $0.00 YES Fees Paid $0.00 TRANSFER TAX NUMBER: 13-03545 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County I FI] [21 1 RECORDED 201133 Sep 06 0231:11 PM' Number of pages JUDITH R. PASCALE CLERK. OF SUFFOLK COUNTY This document will be public L DOO012743 record. Please remove all P 316 Social Security Numbers DT# 13--03545 prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page/ Filing Fee - y Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation or EA-52 17 (County) Sub Total Spec. /Add. TOT. MTG. TAX EA-5217 (State) Dual Town Dual County R.P.T.S.A. ~sL Held for Appointment Transfer Tax Comm. of Ed. 5. 00 0' Mansion Tax Affidavit _ J Ro The property covered by this mortgage is Certified Copy d I .t'' or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other n Grand Total If NO, see appropriate tax clause on page # of this instrument. 4 Dist. 2565946 1000 11700 0800 018001 18 5 Community Preservation Fund Real Prope p T S 1111111 11~ I III IConsideration Amount $ Tax Service R LPA A -o Agency • 06-13 CPF Tax Due $ Verifcatio --J Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD Wickham, Bressler & Geasa, P.C. P.O. Box 1424 TD Mattituck, New York 1 ]952 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk Title # 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Conservation Easement made by: (SPECIFY TYPE OF INSTRUMENT) New Suffolk Waterfront Fund" Inc. The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In theTOWN of Southold NYS Commissioner of the Office of Parks In the VILLAGE Recreation & Historic Preservation or HAMLET of New Suffolk BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over New Suffolk Waterfront Fund, Inc. Acquisition of Waterfront Property EPF-1r 10025-L2 Office of Parks, Recreation and Historic Preservation EPF Conservation Easement ECL Article 49 CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT, made this ~5 l J day of Tu , 2013 between the New Suffolk Waterfront Fund, Inc., having an address at 650 1" Street, PO Box 149, New Suffolk, New York 11956 ("Grantor"), and THE PEOPLE OF THE STATE OF NEW YORK, acting by and through the Commissioner of the Office of Parks, Recreation and Historic Preservation, Albany, NY 12238 (for USPS postal mail), with offices at 625 Broadway, Albany, NY 12207 (for physical delivery),(" Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of all that certain real property located in New Suffolk, Town of Southold, County of Suffolk, New York, as more particularly described in Exhibit A attached hereto and made a part hereof (the "Protected Property"); and WHEREAS, the Protected Property possesses significant recreational, scenic, historical, architectural and open space features and values; and WHEREAS, Grantor is, as of the date hereof, with the granting of this Conservation Easement, confirming its commitment to develop, maintain, operate and provide for the public's use and enjoyment a PARK PROJECT as defined in 9NYCRR 439.2m and 441.4b; and is agreeing to construct, develop, preserve and operate a park on the Protected Property as required in 9NYCRR 441.4b; and WHEREAS, the State of New York has awarded the Grantor a grant under the provisions of the Environmental Protection Act in connection with EPF Grant No. E10025 for the acquisition of the Protected Property; and WHEREAS, the Protected Property will be used as a public park which will include open space, picnic areas, beachfront area, waterfront viewing area, fishing pier, submarine base memorial, and historical areas, among other amenities; and WHEREAS, Grantor has agreed to place restrictions on the Protected Property as part of its transaction with Grantee, while retaining the use of the Protected Property as a public park as defined above; and WHEREAS, the State of New York has enacted Article 49, Title 3 of the Environmental Conservation Law (as the same may be amended, "Article 49") to provide for the limitation and restriction of development, management and use of real property by Conservation Easement; NOW, THEREFORE, in consideration of the facts above recited and of the mutual covenants, terms, conditions and restrictions herein contained and other good and valuable consideration, Grantor does hereby grant and convey to Grantee, its successors and assigns forever, a Conservation Easement pursuant to Article 49, in perpetuity consisting of the terms, covenants and obligations on Grantor's part to be observed and performed and Grantee's rights to monitor and enforce same, all as hereinafter set forth, over and across the Protected Property (the "Easement"). 1. Purpose. The purpose of this Easement is to grant to Grantee certain rights to restrict the use and development of the Protected Property to protect in perpetuity the use of the Protected Property for the purpose of providing waterfront open space for public access and use, and through such protection, enhance, preserve and protect said Park for the use and enjoyment of the public. New Suffolk Waterfront Fund, Inc. Acquisition of Waterfront Property EPF-E10025-L2 2. Prohibited Uses and Practices. The following within the Protected re inconsistent the with the purpose of extent permitted byrs Easement and shall be prohibited upon o Property, Paragraph 4 hereof: (a) Any commercial, industrial or residential uses of the Protected Property, except as expressly permitted herein. (b) The division or subdivision of the Protected Property. (c) The construction, erection, maintenance or replacement of any buildings, roads, roadways, signs (other than informational or directional signs), billboards, satellite dishes, fences, docks or other structures or improvements of any kind or nature whatsoever on or over the Protected Property except solely the Permitted Improvements (as defined in subparagraph 4(a) hereof). (d) The dumping or storage of ashes, trash, waste, garbage and sawdust on any portion of the Protected Property, except such storage of the aforementioned material as may be normally and reasonably incidental to uses permitted hereunder. No chemical wastes or other hazardous waste materials may be dumped or stored on the protected property. (e) Dredging, mining, excavation, filling or other use of the Protected Property, which is detrimental to drainage, water quality, flood control or the fish and wildlife attributes of the Protected Property; subject, however, to Grantor's right to build, install, maintain, repair and replace the Permitted Improvements in accordance with the provisions hereof and all applicable laws and governmental regulations. (f) Disturbances of the Protected Property's surface topography, including but not limited to filling, excavation, grading, removal of topsoil, sand, gravel, rocks or minerals, or changing of the topography of the land in any manner except as may be reasonably necessary for the construction, erection, installation, maintenance or replacement of any of the permitted Improvements in accordance with the terms hereof or as may be normally and reasonably incidental to any of the uses of the Protected Property expressly permitted hereby. (g) The use of toxic chemicals, including, without limitation, pesticides and herbicides, on the Protected Property, except in connection with interior operation and maintenance of the Permitted Improvements or as permitted by the Office of Parks, Recreation and Historic Preservation ("OPRHP") and the Department of Environmental Conservation ("DEC") or any other governmental agency having jurisdiction over the Protected Property and in accordance with all applicable governmental laws and regulations. (h) Except as may be required for emergency purposes or for necessary management actions of Grantee or Grantor or for the construction and maintenance of the Permitted Improvements, the use of off-road motorized vehicles other than on the roads on the Protected Property, including, without limitation, automobiles, all-terrain vehicles and motorcycles. 3. Affirmative Rights Conveyed. (a) Grantee and its duly authorized representatives shall have the right to enter the Protected Property at reasonable times, for inspection purposes as contained in Paragraph 6. (b) Grantee shall have the right to review and approve any plans for development, construction or installation of structures or improvements on the Protected Property. 4. Retained Rights of Grantor. Subject to the purpose and provisions of this Easement, including, without limitation, the provisions of Paragraphs 2 and 3 hereof, Grantor reserves and retains all customary rights of ownership in the Protected Property, to the extent such rights are exercised in a manner which is not inconsistent with the use of the premises as a public park, including, but not limited to: New Suffolk Waterfront Fund, Inc. Acquisition of Waterfront Property EPF-El0025-L2 (a) The right to renovate, repair and maintain the following existing structures and facilities, as Permitted Improvements, in order to enhance the premises for use as a public park- (1) Bulkhead structures, groins, revetments, and associated decking, pilings, docks, ramps, small equipment storage, and fencing, including replacement thereof; and installation of accessory lighting, electric, water and other appropriate utilities, and provision for signage for safety precaution. (b) The right to construct, install and maintain the following Permitted Improvements as enhancements to the Protected Property for use as a public park: (1) Parking areas, with associated utilities, fencing, signage, landscaping and drainage; (2) Upon review and approval by Grantee, as evidenced by a letter signed by the Commissioner or her delegate, underground sanitary facilities and underground drainage structures, and expansion thereof as necessary to comply with applicable regulatory provisions in connection with the use of the structures serviced thereby within the Property and adjoining property of the Grantor, and necessary fill and grading to properly install same in accordance with applicable Health Department regulations. It is expressly understood that all sanitary facilities constructed on premises will be completely underground and will not interfere with the recreational use of the premises- (c) Subject to approval by the Grantee, as evidenced by a letter signed by the Commissioner or her ' delegate, additional recreational, cultural and support facilities consistent with the use and enjoyment of the Protected Property as a public park. The construction, repair and maintenance of any Permitted Improvement shall be undertaken in a way which mitigates, to the greatest extent practicable, any effects on any stream, wetland, pond, lake or other body of water located within 100 feet of such improvement. (d) The right to manage and improve the land and vegetation by landscaping, including planting, cultivation, trimming and removal of grass, trees, shrubs and flowers for the purpose of enhancing the Protected Property as a public park. (e) The right to include the area of the Protected Property for computation of density in connection with proposed improvements and uses on the remainder of the Grantor's adjoining property, for purposes of the Suffolk County Dept of Health Services codes and regulations and the Southold Town Zoning Code provided, however, that no construction needed for compliance with the code take place on the protected property beyond that which is permitted under this easement. 5. Public Access. There shall be public access to the Protected Property, except that access to those areas customarily-used for administrative, maintenance, safety and public health purposes, may be restricted. Grantor may promulgate rules and regulations regarding hours of use for the public. 6. Inspection. Grantee and its duly authorized agents, employees and representatives shall have the right to enter the Protected Property upon reasonable notice to Grantor, at such times during normal business hours and in such manner as will not unreasonably interfere with Grantor's use of the Protected Property in accordance with this Easement, to examine and inspect the Protected Property to ensure there are no violations, breaches or defaults of any term, provision, covenant or obligation on Grantor's part to be observed or performed under this Easement. 7. Enforcement Rights of Grantee. Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder or at law or in equity, in the event any breach, default or violation of any term, New Suffolk Waterfront Fund, Inc. Acquisition of Waterfront Property EPF-E 10025-L2 provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within 30 days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which requires immediate action to protect the purpose of this Easement) Grantee shall have the right (a) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, or (b) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purpose of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. 8. Baseline Data. In order to establish the present uses and condition of the Protected Property so as to be able to properly monitor its future uses and condition and assure compliance with the terms hereof, Grantor will make available to Grantee existing documentation in its possession of the natural condition of the Protected Property and Grantee has caused to be prepared such additional documentation deemed appropriate by Grantee, including a survey of the Protected Property showing its relationship to adjacent features and properties, and on-site photographs. The aforementioned documentation shall constitute an inventory of the Protected Property's relevant features and conditions (the "Baseline Data"). The Baseline Data shall be kept on file at Grantee's offices and shall be accessible to Grantor upon reasonable notice during normal business hours. The parties acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the present uses or condition of the Protected Property, the parties shall not be foreclosed from utilizing all other relevant or material documents, surveys, reports, and other evidence to assist in the resolution of the controversy. To the extent Grantor and Grantee have initialed the Baseline Data, such Baseline Data shall be presumed to be a correct depiction of the Protected Property as of the date hereof. 9. Grant in Perpetuity. (a) The provisions of this Easement shall run with and be a burden upon the Protected Property in perpetuity and shall be binding on Grantor and Grantee and their respective successors and assigns, and any party entitled to possession or use of the Protected Property while such party is entitled to such possession or use. Any successor or assign of Grantee shall be a.qualified organization within the meaning of Article 49 and shall expressly assume the obligation to carry out the conservation purpose for which this Easement is granted and the other obligations of Grantee hereunder. (b) If Grantee or any successor or assign ceases or fails (i) to enforce this Easement, (ii) to exist, or (iii) to be a Qualified Organization, and upon the occurrence of such event, fails to assign all its rights and interest in the Protected Property, and delegate all its responsibilities under this Easement to a Qualified Organization, then the rights and interest of Grantee under this Easement shall be vested in another Qualified Organization in accordance with a cypres proceeding of a court of competent jurisdiction. 10. Amendment. This Easement can be modified only in accordance with the common and statutory law of the State of New York applicable to the modification of easements or covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement including requirements imposed on Grantor pursuant to licensing procedures or any authorized governmental licensing or permitting agency. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Neva Suffolk Waterfront Fund, Inc. Acquisition of Waterfront Property EPF-E10025-L2 Easement which are not inconsistent with the purpose of the Easement provided, however, that the parties shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, any regulation issued pursuant thereto, and provided further that Grantee shall agree to the modification of this Easement to conform to such licensing procedures or any other authorized governmental licensing or permitting agency. 11. Notice. All notices required by this instrument must be in writing, and must be personally delivered or deposited in a mail receptacle maintained by the United States Postal Service. A mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Notices to Grantor and Grantee shall. be addressed to their respective addresses as set forth above, or to such other addresses as they may designate by notice given in accordance with this Paragraph and to either of their attorneys as they may from time to time designate by notice given in accordance with this Paragraph. Notice shall be deemed given and received as of the date of its personal delivery or the date of its mailing in accordance with this Paragraph. 12. Cooperation Agreement. Grantor and Grantee agree to cooperate to comply with the provisions of Article 49, and the Regulations promulgated pursuant thereto, so that this Easement will qualify, as a perpetual conservation restriction, thereunder. 13. Indemnification of Grantee. Grantor agrees that Grantee has no affirmative obligation relating to maintenance of the Property. Grantor further agrees that Grantee has no responsibility relating to costs, claims or liability arising from personal injury, accidents, negligence, or damage to Property resulting from public or private use of the Property allowed by, arising out of, or resulting from this Easement. Grantor shall indemnify, hold harmless, defend and reimburse the Grantee from and against any and all claims, actions, suits, damages, liabilities, penalties, costs or expenses, including reasonable attorneys' fees, of any kind or nature whatsoever on account of injuries to or death of any person or damage to any property arising out of Grantee's ownership of this Conservation Easement. 14. Grantor's Title. Grantor represents and warrants to Grantee (a) that Grantor is seized of the Protected Property in fee simple, and (b) that Grantor possesses full corporate right and authority to grant and convey this Easement pursuant to this instrument. 15. Grantee's Representations. Grantee represents and warrants that Grantee is a Qualified Organization. 16. Further Conveyance By Grantor. (a) The Grantor shall not sell, dispose or use the Protected Property acquired hereunder for other than public park purposes without the prior written approval of the Commissioner, and the express authority of an act of the Legislature as provided in 9NYCRR 441.5. (b) (Municipalities) The Grantor Municipality shall not restrict the use of or access to the Protected Property by non residents of the municipality or impose a fee for such use without prior written approval of the Commissioner of Parks, Recreation and Historic Preservation. 17. Miscellaneous. (a) This Easement shall be binding on the parties and their respective successors and assigns. The terms "Grantor" and "Grantee", wherever used herein, and any pronouns used in place thereof, shall mean and include their respective successors and assigns. New Suffolk Waterfront Fund, Inc. _ Acquisition of Waterfront Property EPF-E 10025-L2 (b) If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. (c) In enforcing its rights hereunder with respect to a breach, default or violation of this Easement, Grantee shall take into account the reasonableness of requiring Grantor to cure the same and the time required to restore the Protected Property under the relevant circumstances, including but not limited to the season of the year and the accessibility of the protected Property to Grantor. (d) All captions set forth herein are for convenience of reference only, and shall in no event be construed to limit, enlarge or modify any substantive provision of this Easement. (e) References herein to specific actions required or permitted to be undertaken by OPRHP and DEC hereunder shall in no way be deemed to waive or limit the regulatory authority or jurisdiction which OPRHP or DEC otherwise have or shall have (independently of the provisions of this Easement). IN WITNESS WHEREOF, Grantor has executed and delivered this Deed of Conservation Easement as of the date first set forth above. New Suffolk Waterfront Fund, Inc. By: arbara Schnitzler Chairwoman Acknowledged and Accepted: The People of the State of New York, acting by and through their Commissioner of Parks, Recreation and Historic Preservation By: Carol Clark Deputy Commissioner for Real Property and Legislative Affairs DEPARTMENT OF LAW APPROVAL Date: New Suffolk Waterfront Fund, Inc. STATE OF NEW YORK ) SS.. County of SUFFOLK } On the day of in the year 2013, before me, the undersigned, personally appeared Barbara Schnitzler, person all- ndW o 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 she executed the same in her capacity(ies), and that by her signature(s) on the instrument, the individual (s), or the person upon behalf of which the individual(s) acted, executed the instrument. ABIGAIL A. WICKHAM Notary Public, State of New York No. 52-4642871 4N=rPublic, State of New York 'Qualified in Suffolk County Commission Expires Sept 30, 20A;~ Nevi Suffolk Waterfront Fund, Inc. Acquisition of Waterfront Property EPF-E 10025-L2 Office of Parks, Recreation and Historic Preservation STATE OF NEW YORK } ) SS.: County of r ) On the 3 { day of Uj in the year 2013, before me, the undersigned, personally appeared Carol Clark, 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 she executed the same in her capacity, and that f of which the 'nd'viCdual acted, by her signature on the instrument, the individual, or the person a7 executed the instrument. Notary Public, State of New York Record and Return to: COLLEEN MCALUSTER Beatrice Gamache NOTARY PUBLIC-STATE OF NEW YORK Grants Office No. 01MC6174218 NYS OPRHP QuWl jjed in saratopa county My COMMIlllon Expires Sep"ber 17. 2C15. Albany, NY 12238 New Suffolk Waterfront Fund, Inc. Acquisition of Waterfront Property EPF-E 10025-L2 EXHIBIT A Description:- New York State Parks Recreation & Historic Preservation Easement Area ALL that certain plot, piece or parcel of land situate, lying and being at New Suffolk, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of First Street distant 177.54 feet northerly from the corner formed by the easterly side of First Street and the northerly side of Main Street; RUNNING THENCE North 06 degrees 54 minutes 30 seconds East, 45.00 feet along the easterly side of First Street; THENCE South 83~4egrees'47 minutes 30 seconds East, 60.00 feet; THENCE South 06 degrees 54 minutes 3Qseconds West, 150.58 feet; THENCE South 83 degrees 45 minutes 00 seconds East, 241.03 feet to the face of a bulkhead and the high water line of Cutchogue Harbor; THENCE along the face of a bulkhead and high water line of Cutchogue Harbor the following five (5) courses and distances: 1) South 28 degrees 59 minutes 55 seconds East, 37.42 feet; 2) South 32 degrees 15 minutes 54 seconds East, 9.16 feet; 3) South 22 degrees 14 minutes 14 seconds East, 11.26 feet; 4) North 89 degrees 51 minutes 08 seconds East, 14.84 feet; 5) South 28 degrees 55 minutes 00 seconds East, 33.09 feet to the high water line of Cutchogue Harbor on a stone jetty; THENCE the following eight (8) tie line courses and distances along the high water line of Cutchogue Harbor, on and through a stone jetty: 1) South 81 degrees 48 minutes 54 seconds East, 20.94 feet; 2) South 79 degrees 10 minutes 39 seconds East, 22.67 feet; 3) South 84 degrees 08 minutes 06 seconds East, 45.08 feet; 4) South 81 degrees 15 minutes 12 seconds East, 21.64 feet; 5) South 74 degrees 46 minutes 36 seconds East, 62.60 feet; 6) South 4 degrees I I minutes 29 seconds East 33.72 feet; 7) North 88 degrees 44 minutes 33 seconds West 176.52 feet; 8) North 63 degrees 27 minutes 30 seconds West 31.27 feet; CONTINUING THENCE along the high water line of Cutchogue Harbor the following two (2) tie line courses and distances: 1) South 47 degrees 05 minutes 00 seconds West, 73.61 feet; and 2) South 37 degrees 54 minutes 57 seconds West, 27.65 feet; THENCE North 32 degrees 45 minutes 00 seconds West, 108.70 feet to the southeasterly terminus of Main Street; THENCE North 06 degrees 13 minutes 00 seconds East, 49.50 feet along the easterly terminus of Main Street to New Suffolk Waterfront Fund, Inc. Acquisition of Waterfront Property EPF-EI0025-L2 the northeasterly terminus of Main Street; THENCE North 83 degrees 45 minutes 00 seconds West, 172.94 feet along the northerly side of Main Street; THENCE North 06 degrees 54 minutes 30 second East, 177.55 feet; THENCE North 83 degrees 47 minutes 30 seconds West, 20.00 feet to the easterly side of First Street at the point or place of BEGINNING. Containing 51,993 Square feet to high water line described in Liber 12646 Page 869. Reference SCTM: 1000-117-08-18 (p/o) Being and intending to grant a conservation easement over the aforesaid portion of the premises acquired by the Grantor by deed from Peconic Land Trust Incorporated dated December 17, 2010, and recorded December 23, 2010 in the Suffolk County Clerk's Office in Liber 12646 of deeds at page 869. r ,E a tE , :i nlhl I~ fu _ ~II B . ~ iv it itb r--- - --an.tas-Ir- } ' ~ Ef .,,..,n. 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