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Home My WebLink AboutL 12754 P 117 (lllllll 1111 IIIII IIIII IIIII IIIII IIIII IIIII !1111 IIII IIII 1111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 11/26/2013 Number of Pages: 6 At: 01:29:14 PM Receipt Number : 13-0152079 TRANSFER TAX NUMBER: 13-11710 LIBER: D00012754 PAGE: 117 District: Section: Block: Lot: 1001 004.00 01.00 009.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30.00 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 $5.20 NO RPT $120.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $200.20 TRANSFER TAX NUMBER: 13-11710 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 ` RECORDED Number of pages (P 2013 l4ov 26 01:29: 14 R-1 TORRENS JUDITH H. FA=CFILE CLERK OF SUFFOLK COUHTY Serial # L D00012754 Certificate # F 117 DT# 1a-11710 Prior Ctf. # Deed . Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page / Filing Fee ~2c7 Mortgage Amt. c~ 1. Basic Tax Handling 2. Additional Tax _ TP-584 Sub Total Spec. / Assit. Notation or i EA-5217 (County) Sub Total Spec. /Add, TOT. MTG, TAX EA-5217 (State) Dual Town _ Dual County R.P.T.S.A. Z3Y Held for Appointment Transfer Tax Comm, of Ed. 5. 00 3 Mansion Tax Affidavit The property covered by this motgage is or will be improved by a one or two G Certified opy~ r~ J family dwelling only. ' r YES or NO Rcg. Copy Sub Total -C 44 ~ If NO, see appropriate tax clause on Other l Grand Total -,I Uy a,~% page # of this instrument. 4 District 1001 Section 004.00 Block 01.00 Lot 010.002 5 Community Preservation Fund Real _ 09.000 Consideration Amount $ 0.00 Property 2623086 l~I,~',rr ~r7/tCNE~ Tax Seri, p T S I~Il~llll~illllllull lillh~lllll»IIIII~~I CPF Tax Due $ 0.00 Agency R RMO A I I Improved Verificat 26-NOV-t Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address TD RECORD & RETURN TO: Mary-Faith Westervelt, Esq. TD PO Box 633 Shelter Island, NY 11964 TD 7 Title Company Information Co. Name Title # g Suffolk County Recording & Endorsement Page This page forms part of the attached EASEMENT made by: (SPECIFY TYPE OF INSTRUMENT) James Olinkiewicz The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold James Olinkiewiez In the VILLAGE . or HAMLET of _ urgenport BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) pT S FZ RIVIO A Stat I D: 2623086 26-NOV-13 Tax Maps District Secton Block Lot School District 1001 00400 0100 009000 GREENPORT 1001 00400 0100 010002 X; r~ r rrt ,r5 i { r, r DECLARATION OF NON-EXCLUSIVE EASEMENT THIS DECLARATION, is made and entered into this 2S)4~lday of November, 2013, by and between JAMES OLINKIEWICZ, residing at 5 Dickerson Drive, Shelter Island, New York l 1965, and JAMES OLINKIEWICZ, residing at 5 Dickerson Drive, Shelter Island, New York 11965. EASEMENT WHEREAS, James Olinkiewicz is the fee simple owner of a certain parcel of land (hereinafter referred to as "Parcel A") located in the Village of Greenport, Town of Southold, County of Suffolk, shown on the Tax Map of the County of Suffolk as Tax Map No. 1001- 004.00-01.00-009.000, also known as 510 Madison Avenue, Greenport, New York, being more particularly described in Schedule A, annexed hereto and made a part hereof; and, WHEREAS, James Olinkiewicz is the fee simple owner of a certain parcel of land (hereinafter referred to as "Parcel B") located in the Village of Greenport, Town of Southold, County of Suffolk, shown on the Tax Map of the County of Suffolk as Tax Map No. 100 1 - 004.00-01.00-010.002, also known as 407 Kaplan Avenue, Greenport, New York, being more particularly described in Schedule B, annexed hereto and made a part hereof; and, WHEREAS, James Olinkiewicz as fee simple owner of Parcel A and as fee simple owner of Parcel B, by this Agreement, desires to create a perpetual and non-exclusive easement and right-of-way for the purpose of residential vehicular passage limited to ingress and egress, over and upon a ten (10) foot wide strip of land running along the easterly portion of Parcel A for the benefit and use of Parcel B. Said strip of land (hereinafter referred to as "Easement Premises") is more particularly described in Schedule C, annexed hereto and made a part hereof. NOW, THEREFORE, for and in consideration of the sum of Ten and 001100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the parties do hereby declare, grant and agree as follows: 1. That James Olinkiewicz, as fee simple owner of Parcel A, grants and conveys to James Olinkiewicz, as fee simple owner of Parcel B, and to his heirs, successors and assigns of Parcel B, a non-exclusive easement appurtenant to and for the benefit of Parcel B to use said Easement Premises for ingress and egress from the rear of Parcel B to Madison Avenue. The right to enter upon said Easement Premises shall be limited for the purpose of ingress and egress for pedestrian, and residential vehicular and passenger passage to and from Madison Avenue. 2. The grant and use of the Easement Premises is solely limited to the owners, lessees, agents, servants or invitees of Parcel B. No commercial and/or business vehicular use of the Easement Premises shall be allowed. 3. Nothing herein shall be construed to give any party hereto or their lessees, agents, servants or invitees, the right to park any vehicles on the Easement Premises for any purpose whatsoever. 4. All the provisions of this Agreement, including the benefits and burdens thereof, shall run with the land and shall be binding upon and inure to the benefit of the respective parties and their respective heirs, legal representatives, successors and the respective assigns holding title to the respective parcels of real property referred to herein as Parcel A and Parcel B. 5. All rights granted to each party hereunder shall run in favor and benefit any present or future mortgagee of the parcels of real property referred to herein, the assignees of any such mortgagee, or the purchaser at any foreclosure sale conducted pursuant to the Order of any Court having jurisdiction thereof or the grantee of the premises acquiring title by virtue of the delivery of the deed in lieu of foreclosure. b. All rights granted to each party hereunder shall be exercised with due regard for the rights of others and their use of such easement and the Easement Premises shall not be used by any person in any way that will impair the rights of others to use it, and shall not obstruct passage thereon. 1N WITNESS WHEREOF, the parties have executed this Declaration of Non-Exclusive Easement on the day and year first above written, with the intent that it shall be recorded in the Office of the Clerk of the County of Suffolk. /a!sFee nkiewicz, es Olinkiewicz, ple Owne r o as Fee Simple Owner of Parcel STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK } On the '2D+%, day of November in the year 2013 before me, the undersigned, personally appeared James Olinkiewiez 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. DOREEN E. MCNEMAR NOTARY PUBLIC, STATE OF NEW YORK Registmrion No. 01MC6274186 Qualified in Suffolk County (signatur a d ffice of individual taking acknowledgment) Commission Expires Dec. 31, 2016 T1tle Nn,-ADA-2539-5 ANfFNDED 1 TI2'~112 ! - SCHEDULE:A -DESCRIPTION: ALL that certain-plot, piece or parcel of land, situate, lying aad being lit, Qre hporti- TOAM-1of Southold, Suffolk County, New York; known as L-611Vutilb-er-9.on a;certain.map entitled, "Map of LotsofBenlamin H.,Recvc, John'J• Bartlett; Charles Cotton; ClarenoerC Milcs'at Greeuport; Saffalk County, New York", made by Albertson, Case 5uryeyor and f l~din the Office;af thel k of Suffolk County, June 20, 1892 as Map Niunbei 469,;tnbre partiqularly Bounded and described as follows: BEGINNING at a point on the northerly, side:of,Madisoil Avenue;dist t 101,76 feet;west of the. intersection of the northerly side of MadisonAvenue . acid tlie;rvesterly side"of Fifth Avenue'(Kaplan . Avenue); THENCE-along the northerly side of Madison Avenue-Noith 83'degrees 19, minutes,00,seconds West 50.00 feet; THENCE-North-14 degrees18-minutes20 secondsEast159.96 feet,to a'spike; THENCE South 75 degrees 57 minutes 20 seconds East 50.90 feet; THENCE South -14 degrees 28 minutes 00 seconds West 153.54' feet to the northerly side of Madison Avenue at the point or place of BEGINNING. FOR CONVEYANCING ONLY. Together with all right, title aad Worm of,' in and to.An. streets and roads abutting the above deserlbed premlets, to the center line thereof. 41. Titte.No. ADA-2668-S Schedule B - Description ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Village of Greenport, Town of Southold, County of Suffolk and State of New York,' known and designated as parcel 2 as shown on "Map of Subdivision for Edgar and Arlene Marvin", filed in the Office of the County Clerk of Suffolk County on July 17, 2000, as Map No. 10469, being more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Kaplan Avenue, distant 126.50 feet northerly from the corner formed by the intersection of the westerly side of Kaplan Avenue with the northerly side of Madison Avenue; RUNNING THENCE North 75 degrees 57 minutes 20 seconds West, 50.16 feet; THENCE South 14 degrees 19 minutes 40 seconds West, 20.00 feet; THENCE North 75 degrees 32 minutes 00 seconds West, 50.26 feet; THENCE North 14 degrees 28 minutes 00 seconds East, 43,13 feet; THENCE South 75 degrees 57 minutes 20 seconds East, 100.00 feet to a point on the westerly side of Kaplan Avenue; THENCE along the westerly side of Kaplan Avenue, South 13 degrees 34 minutes 00 seconds West, 23.50 feet to the point or place of BEGINNING. FOR CONVEYANCING ONLY: Together with all right, title and interest of, in and to any streets and roads abutting the above described premises, to the center line thereof. Schedule C DESCRIPTION OF PROPOSED 10 FOOT WIDE EASEMENT SUFFOLK COUNTY TAX MAP# 1001-04-01-09 PROPOSED 10 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS TO PARCEL 2 AS SHOWN ON "SUBDIVISION FOR EDGARD AND ARLENE MARVIN" FILED IN THE OFFICE OF THE SUFFOLK COUNTY CLERK AS MAP NO. 10469 OVER LOT 9 AS SHOWN ON "MAP OF LOTS OF BEN H. REEVE, JOHN J. BARTLETT, CHARLES COTTON & CLARENCE C. MILES" FILED IN THE OFFICE OF THE SUFFOLK COUNTY CLERK ON JUNE 20, 1892 AS MAP NO. 469, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERLY LINE OF MADISON AVENUE AT THE INTERSECTION FORMED BY THE NORTHERLY LINE OF MADISON AVENUE WITH THE EASTERLY LINE OF LOT 9 AS SHOWN ON "MAP OF LOTS OF BEN H. REEVE, JOHN J. BARTLETT, CHARLES COTTON AND CLARENCE C. MILES" FILED IN THE OFFICE OF THE SUFFOLK COUNTY CLERK ON JUNE 20, 1892 AS MAP NO. 469, SAID POINT AND PLACE OF BEGINNING BEING DISTANT 101.76 FEET WESTERLY FROM THE WESTERLY LINE OF FIFTH AVENUE (A.KKA KAPLAN AVENUE); RUNNING THENCE FROM SAID POINT AND PLACE OF BEGINNING ALONG THE NORTHERLY LINE OF MADISON AVENUE NORTH 83 DEGREES 19 MINUTES 00 SECONDS WEST A DISTANCE OF 10.09 FEET TO A POINT; THENCE NORTH 14 DEGREES 28 MINUTES 00 SECONDS EAST A DISTANCE OF 154.85 FEET TO A POINT AND LANDS NOW OR FORMERLY OF MARGARET RICHARDS; THENCE SOUTH 75 DEGREES 57 MINUTES 20 SECONDS EAST A DISTANCE OF 10.00 FEET TO A POINT AND THE EASTERLY LINE OF LOT 9 AS SHOWN ON THE AFORESAID MENTIONED FILED MAP; THENCE SOUTH 14 DEGREES 28 MINUTES 00 SECONDS WEST A DISTANCE OF 153.54 FEET TO THE POINT AND PLACE OF BEGINNING. ~P~~pF ~EWrc 4 ME , lp r .490 LAND