HomeMy WebLinkAboutL 12759 P 956
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 01/10/2014
Number of Pages: 8 At: 04:16:02 PM
Receipt Number : 14-0003629
TRANSFER TAX NUMBER: 13-15939 LIBER: D00012759
PAGE: 956
District: Section: Block: Lot:
1000 053.00 04.00 044.001
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $40.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG
TP-584 $15.00 NO
$5.00 NO Notation $0.00 NO
Cert.Copies $10.00 NO RPT $60.00 NO
Transfer tax $0.00 NO Comm.Pres $0.00 NO
Fees Paid $155.00
TRANSFER TAX NUMBER: 13-15939
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
?T
~C RECORDED
Number of pages p 2014 Jan 10 04:16:0? PI1
JUDITH R. PASCALE
CLEPW OF
This document will be public SUFFOLK COUNTY
record. Please remove all D00012759
Fps 456
Social Security Numbers DT# 13-F,93a
prior to recording. 15939
Deed/ Mortgage Instrument Deed/ Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Mortgage
Page /Filing Fee a Amt.
l,Basic Tax
Handling 20. 00 2. Additional Tax _
TP-584 5= Sub Total
Notation SpecJAssit.
or
EA-5217(County) Sub Total Spec. /Add.
EA-5217 (State) TOT. MTG. TAX
R.P.T.S.A./ Dual Town _ Dual County
Held for Appointment
Comm. of Ed. S. 00 Transfer Tax
Affidavit
,~n ~ • . Mansion Tax
Certified Copy 'Y ` The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00 90 family dwelling only.
Sub Total YES or NO
Other _
Grand Total If NO, see appropriate tax clause on
page# of this instru7ri '
f is 13
4 Dist. 1' 2646923 1000 05300 0400 044001 1 5 Community Preservation Fund
Real Property P T SA
111111111111111 11111111 Consideration Amount $
R
Tax Service LWI
Agency tOJAN-14 CPF Tax Due $
Verification
- Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO: Vacant Land
Town of Southold TD
53095 Main Road TD
P.O. Box 1179
Southold, NY 11971 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#
B Suffolk County Recording & Endorsement Page
This page forms part of the attached 6 qSe Vyt,-Q-'n made
by: (SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
Posillico Construction Co.. Inc. SUFFOLK COUNTY, NEW YORK.
TO Inthe TOWNof Southold
In the VILLAGE
Town of Southold or HAMLET of Greepport
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
GRANT OF DRAINAGE EASEMENT
ih
THIS indenture made this day of Decewlber 2013, by and between
~o5i I i co Cars~Vac~tm, Co. Snc, with an address at 3 /e A P-
5U4e 12, We Nassau County, New York (the "Grantor') and the Town of
Southold, located at 54375 Route 24, P.O. Box 1179, Town of Southold, Suffolk County,
New York (the "Grantee").
WHEREAS, the Grantor is the owner of a certain parcel of land containing 7.7 Z
acres, more or less, of land identified by Suffolk County Tax Map number/oao-s3-y-yY.l;
located on the Wes-(- side of kevrwi n B I \/.A in the Hamlet of
Green ovt , Town of Southold, Suffolk County, New York;
WHEREAS, Grantor has made application to and has received approval from the
Planning Board of the Town of Southold to subdivide said real property as shown on the
Standard Subdivision of "Conklin Point Estates" prepared by Jeffrey T. Butler, P.E., P.C.
and Nathan Taft Corwin, III, L.S., last dated December 9, 2011 ("Subdivision Map"),
which will be filed in the Suffolk County Clerk's office and is described in Schedule A;
WHEREAS, the Grantor, as a condition of its final subdivision approval, is
required to construct and install a leaching pool and an Advanced Drainage System
(ADS) Pipe as described herein for drainage purposes within the boundaries of Lot 1
and Lot 2 shown on the Subdivision Map as the "Drainage Easement Area" and
described in Schedule B;
WHEREAS, the Grantee, proposes to maintain and repair the drainage
improvements constructed by the Grantor on the area designated "Drainage Easement
Area" on the Subdivision Map and described in Schedule B;
NOW THEREFORE, IN CONSIDERATION OF Ten Dollars ($10.00) and other
good and valuable consideration paid by the Grantee to the Grantor, the receipt of
which is hereby acknowledged, this agreement witnesseth that:
1. The Grantor does hereby donate, grant, transfer and convey to the Grantee, a
drainage easement in gross, of the nature, character and to the extent hereinafter set
forth, over and upon the premises described in Schedule B.
2. Grantor, as part of its Subdivision Approval, shall construct one (1) leaching pool,
eight (8) feet in diameter by four (4) feet deep with a solid cover below grade. The
leaching pool must be connected with a 12 inch in diameter ADS Pipe to the existing
drain located on Kerwin Boulevard to provide certain road drainage as indicated on the
attached Schedule C (a copy of the drainage plan for the area);
3. Grantor shall not improve this area with any planting other than topsoil and grass,
which Grantor will maintain. Grantee shall have no obligation to mow or perform any
other maintenance of this area except as provided herein.
4. The nature, character and extent of the easement rights hereby granted are as
follows:
(a) The right of the Grantee to enter upon the premises at all reasonable times:
(b) The right of Grantee to enter upon the premises over the area more fully
described in Schedule B at all reasonable times to access the leaching pool
and ADS Drainage Pipe. Grantee acts shall not inhibit any access other than
on a temporary basis to replace, repair or maintain the above mentioned
drainage improvements installed by Grantor.
(c) To maintain and repair the drainage improvements within the area more fully
described in Schedule B and to repair, replace, add, upgrade and remove
said improvements as needed for the effective drainage of the area.
-2-
3. The Grantor reserves the right to the use and enjoyment of the Grantor's
premises to the fullest extent possible without unreasonable interference by the Grantee
in the exercise of the Grantee's rights granted herein.
4. The Grantee further agrees to pay all reasonable damages to the
premises of the Grantor sustained as a result of the construction, maintenance and/or
operation of the drainage easement thereon by the Grantee and shall be obligated to
restore the affected area in a timely fashion to the condition prior to the damage.
5. The Grantee further agrees to obtain all necessary permits from all
governmental agencies necessary to carry out the operations contemplated by this
agreement.
6. This agreement and the easements and rights granted herein shall run
with the land and be binding upon the parties hereto and their respective successors
and assigns.
7. Grantee shall indemnify and hold harmless Grantor against all liability
associated with its own acts or omissions in connection with the use of the premises.
8. The terms of this easement may not be changed orally, and this writing
constitutes the entire agreement of the parties. Each party represents to the other that
no representations have been made or relied upon by or to either party except those set
forth herein.
9. If any term of this easement shall be determined by a court of competent.
jurisdiction to be unlawful, null or void, all other terms shall remain in full force and
effect.
10. Grantor represents to Grantee that the execution of this Easement does
not violate any covenant, regulatory restriction, court order or agreement to which its lot
-3-
may be subject, and that the undersigned is the sole owner of the lot and possessed of
full authority to execute same.
11. This easement shall be perpetual unless, by judicial decree or
determination or by written agreement of all parties, the beneficial use of the easement
or either of them shall cease by operation of law or otherwise.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
p0511.41co o/4Sneurriav ca, r4 C.
Br Grantor
J&AV144e4f -W
Grantee
STATE OF NEW YORK)
141J- 5-jV- ) ss..
COUNTY OF St#F&EK)
On this )(i day of 1J f"l in the year 20 i 7before me personally
appeared ~1~+iNV,cy AS,44ic4 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.
otary Public Sohn L uuofJoy,J~r
STATE OF NEW YORK) Pe ;w, S:cte of Nur Yo,t
Qua!:~3^d in Fa.cuu County No. 476=1
SS.: •,_.i CQ.m11f=9155 EX01 us March 30.
COUNTY OF SUFFOLK) by-~?I QSS« 7
On this 10`t` day of MLY r, in the year 2013, before me personally appeared
S(g~t ~uSS a 11 , 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.
ANNIPOR AM&LOF q
Notary No PWAir, State of 02Mwq 2ggNWY Iv r ~FJ~~~
QwWW in &dyo& counh
oonmlabn EMb" JMXU q 14, 20 !b
Schedule A
Legal Description of "The Clustered Standard Subdivision of Conkling Point Estates"
Suffolk County Tax Map No. 1000-53-04-44.1
ALL that certain plot, piece or parcel of land, situate, lying and being in Arshamomaque, Town
of Southold, County of Suffolk and The State of New York, known and designated as Lot No. 37
on a certain Map entitled "Map of August Acres, Section One", and filed in the Office of the
Clerk of Suffolk County on June 3, 1991 as Map No. 9107, more particularly bounded and
described as follows:
BEGINNING at a point formed by the intersection of the southerly line of land now or formerly
of The Long Island Railroad (M.T.A.) and the westerly line of Kerwin Boulevard;
RUNNING thence South 34 degrees 59 minutes 00 seconds East along the westerly.line of
Kerwin Boulevard, 872.22 feet to a point at the northeast corner of the recharge basin as shown
on above said map;
RUNNING thence South 46 degrees 50 minutes 20 seconds West along the northerly line of
above said recharge basin, 316.45 feet to a point along the easterly line of land now or formerly
of Breezy Shores Community Inc.;
RUNNING thence along the easterly line of land now or formerly of Breezy Shores Community
Inc. the following two (2) courses and distances:
(1) North 43 degrees 09 minutes 40 seconds West, 710.32 feet to a point;
(2) North 32 degrees 42 minutes 00 seconds West, 214.26 feet to a point along the
southerly line of land now or formerly of The Long Island Railroad (M.T.A.);
RUNNING thence North 55 degrees 00 minutes 36 seconds East along the southerly. line of land
now or formerly of The Long Island Railroad Inc. (M.T.A.), 405.74 feet-to the point or place of
BEGINNING.
Schedule B
Legal Description of Drainage Easement
ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomaque, Town
of Southold, County of Suffolk and The State of New York, known and designated as part of Lot
No. 37 as shown on a certain map entitled " Map of August Acres, Section One", filed in the
Office of the Clerk of Suffolk County on June 3, 1991 as Map No. 9107, more particularly
bounded and described as follows:
BEGINNING at a point along the westerly side of Kerwin Boulevard, said point being South 34
degrees 59 minutes 00 seconds East along the westerly side of Kerwin Boulevard, 160.00 feet
from the corner formed by the intersection of the southerly line of Long Island Railroad (MTA)
and the westerly side of Kerwin Boulevard;
RUNNING thence South 34 degrees 59 minutes 00 seconds East along the westerly side of
Kerwin Boulevard, 20.00 feet to a point;
RUNNING thence the following three (3) courses and distances through Lot No. 37 as shown on
above said map:
(1) South 55 degrees 01 minutes 00 seconds West, 20.00 feet to a point;
(2) North 34 degrees 59 minutes 00 seconds West, 20.00 feet to a point;
(3) North 55 degrees 01 minutes 00 seconds East, 20.00 feet to the point or place of
BEGINNING.
Schedule C
5 34°5900 E 5 34°59'0 .'.E.'
10 00' 1000
I LOT 1 N 55°01'00' EI
20.00'
5 55°01'00' H
12000' LOT 2 I
5 34°5900' E 534°59'00 E
0 - 10.0 0
/ METES AND BOUNDS
5GALE: I" = 36'-0'
I
I KERWIN BLVD.
(50' RDYU
F.
Lt N
I PAD ' LOT S4
LOT NDJ AFFA
(10evMOPABLE 29)869.8 SF.
I Af" LOT 02 WT 03
AWA AREAS (0696 AL)
29868.8 9F. 29868.8 SF. V (Ob% AC) (0686 AGI L -
EAAMH AREA)
A
}xW~
Y
Z5
1103T
z
32'42'00' H 21426' N 43 o O' Y1
SITE PLAN
56ALE: I" = IbO'O"
PROPOSED DRAINAGE EASEMENT FOR:
C,%KUNS POW ESTATUS PAGE :
Ait%wF- NY
JEFFREY T. BUTLER, P.E., P.C. 5a.Tx.10
0 ' 04-4 J AM 449
PD. BOX 654
SHOREHAM, HEN YORK OQRfK OP SDfiO TOYN OF 90
TEL. 631.]069650 FAX. 631.1278633 _pg No.. 040W DP-A4 BY. PAL
sne~csmaa ~a OATEN 12-04-13 APPROVED BY. JTB of I