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HomeMy WebLinkAboutL 12759 P 583 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: LEASE - MEMO OF LEASE Recorded: 01/08/2014 Number of Pages: 8 At: 04:10:56 PM Receipt Number : 14-0002298 TRANSFER TAX NUMBER: 13-15663 LIBER: D00012759 PAGE: 583 District: Section: Block: Lot: 1000 096.00 01.00 019.001 MORTGAGE TAX NUMBER: DE055005 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 $15.00 NO Affidavit $0.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Mort.Basic $0.00 NO Mort.Addl $0.00 NO Mort.SplAddl $0.00 NO Mort.SplAsst $0.00 NO Fees Paid $145.00 TRANSFER TAX NUMBER: 13-15663 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County : : nn RECORDED Number of pages 8 2014 San 08 04:10:56 PM JUDITH P. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L D00o12759 P 583 Social Security Numbers DE0550M prior to recording. DTk 13-15663 Deed/ Mortgage Instrument Deed/ Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/ Filing Fee Mortgage Amt. 1. Basic Tax _ Handling 20. 00 2. Additional Tax _ TP-584 Sub Total Notation Spec./Assit. or EA-5217(County) SUbTotdl Spec. /Add. EA-5217 (State) _ TOT. MTG. TAX R.P.T.S.A. Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00 4 _ Transfer Tax Affidavit Mansion Tax _ 4(® The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 g~ family dwelling only. Sub Total YES or NO Other 'fru, Grand Total ® If NO, see appropriate tax clause on paged ofthis'nstru en t. 01~ ~2 ~ J Dist,T( 2645148 100009600'I 0100 0190p0(,.15 Community Preservation Fund Real Propert, P T S 1111111111' lp lll'llull lull llll ll'I1 I~ I) Consideration Amount $ _ Tax Service R DHO A M II II II Agency 0 N-14 / CPF Tax Due $ Verification J n Improved I 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TO NATIONWIDE COURT SERVICE RECORDING DEPARTMENT TO 761 Koehler Avenue SUITE A TO RONKONKOMA, NY 11779 Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk Titlen _ CRC-741998-P 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Mgwo6AUDun aP Akfe6a 6,OT Te 6KpRxiP cm a6p Oaewres made by: (SPECIFY TYPE OF INSTRUMENT) l!H' k ' Yff0 G@aual eAs Tab; 7-n a R-5 a4 If Lpce The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO Inthe TOWNof Southold /:kowN wT~A&jVie r&WAVV (ee In the VILLAGE or HAMLETof Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over Prepared Out of Slate ~tio~nw de Court cet, Inc. ~~°"osl 761 Koehler Avenue Suite A Ronkonkoma, NY 11779 Tax Parcel 96-1-19.1 MEMORANDUM OF AGREEMENT TO EXPAND LEASED PREMISES C ec-zt4IClot C~-P Thi$ Memorandum of Agreement to Expand Leased Premises (the "Memorandum") is made this day of 2013, by and between CROWN CASTLE TOWERS 09 LLC, a Delaware limited liability company ("Landlord"), whose address c/o Crown Castle USA Inc., E. Blake Hawk, General Counsel, 2000 Corporate Drive, Canonsburg, PA 15317, and CROWN ATLANTIC COMPANY LLC, a Delaware limited liability company ("Tenant"), whose address is Global Signal Acquisitions II LLC, Wo Crown Castle USA Inc., E. Blake Hawk, General Counsel, 2000 Corporate Drive, Canonsburg, PA 15317. RECITALS WHEREAS, Lessor and Tenant are the current parties under that certain Option and Lease Agreement dated June 3, 1991, originally by and between Arthur V. Junge, as lessor and New York SMSA Limited Partnership, as lessee ("Lease"), for property located in Cutchogue, Suffolk County, New York. The Ground Lease was amended by that Amendment to Lease Agreement dated July 12, 2005, a memorandum of which is recorded in Liber D00012412, Page 954 in the Suffolk County Clerk's Office ("Clerk's Office"); and, WHEREAS, the parties have modified the terms of the Lease by that certain Agreement to Expand Leased Premises (the "Agreement") dated the same date as this Memorandum by and between Landlord and Tenant, and wish to provide record notice of the Lease as amended thereby, and the status of certain rights and interests thereunder through the recording of this Memorandum in the Clerk's Office; and, NY Cutchogue BU 806579 1 WHEREAS, the Lease pertains to certain real property leased to Tenant (the "Leased Premises") together with access and utility easements granted to Tenant pursuant to the Lease; and, WHEREAS, the parties have expanded the Leased Premises more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. OPERATIVE PROVISIONS NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Landlord and Tenant hereby agree as follows: 1. The recitals hereinabove are true and correct and are incorporated herein by this reference. 2. The Lease commenced on May 1, 1992 and will expire on April 30, 2037. 3. The parties consent to the recording of this Memorandum in the Clerk's Office, and agree that this Memorandum shall be executed in recordable form. 4. This Memorandum may be executed in counterparts, each of which shall constitute an original instrument. 5. Landlord hereby leases an additional 798.5 square feet of real property to Tenant. Landlord and Tenant agree that the Leased Premises as modified is depicted and/or described on Exhibit A. Notwithstanding anything to the contrary in this Memorandum, Tenant is not relinquishing any rights to any lease area, access easements, and/or utility easements in its possession prior to the effective date of the Agreement. In the event the location(s) of any of Tenant's or its subtenants' existing improvements, utilities, and/or access routes are not depicted or described on the site plan and/or legal descriptions, Tenant's leasehold rights and access and utility easement rights over such area(s) shall remain in full force and effect and the Leased Premises shall be deemed to include such areas. [Remainder of page intentionally left blank. Signatures to follow.] NY Cutchogue BU 806579 2 LANDLORD: Crown Castle Towers 09 LLC, a Delaware limited liability company By: /G y7/I/I (SEAL) Print Name: 3&, JeMg, Title: EV P STATE OF ~_S ) ) SS. COUNTY OF fhW"5 ) On the ~D day of jV Nt- in the year 2013 before me, the undersigned, personally appeared [name], 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 Memorandum of Agreement to Expand Leased Premises and acknowledged to me that she/he executed the same in her/his capacity as t' ( r [title] of Crown Castle Towers 09 LLC, a Delaware limited liability company, and that by his/her signature on the Memorandum of Agreement to Expand Leased Premises, the individual, or the person upon behalf of which the individual acted, executed the Memorandum of Agreement to Expand Leased Premises. By: --44 K Print Name: 5W- N(Mfuw- Title: WDJECT OCjtD N lVlZ My Commission Expires: 3•~S• / [affix not stain or seal o•':'t~~' KELSER RONNETTE MCMILLER Notary Public. State of Texas My Commission Expires March 25, 2014 NY Cutchogue BU 806579 3 TENANT: Crown Atlantic Company LLC, a Delaware limited liability company By:' (SEAL) Print Name: K Title: L STATE OF Tiq S ) ) SS. COUNTY OF Kh~S ) On the oo day of Ju~N>,w;, in the year 2013 before me, the undersigned, personally appeared 9JAKC K [name], 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 Memorandum of Agreement to Expand Leased Premises and acknowledged to me that she/he executed the same in her/his capacity as rye [title] of Crown Atlantic Company LLC, a Delaware limited liability company, and that by his/her signature on the Memorandum of Agreement to Expand Leased Premises, the individual, or the person upon behalf of which the individual acted, executed nthe (Memorandum of Agreement to Expand Leased Premises. By: o ~.J~l 1 ~ Print Name: 1(-6-LSM MLM l LLFaZ.. Title: ft F, l rud-) IAA A f7112 My Commission Expires: 3.2S-IN [affix notary stam or se PCbIaES sce olrTeL 8s Notary MY Commission ExpTres t N.. ; March 2a. 2014 NY Cutchogue BU 806579 4 EXHIBIT "A" Leased Premises and access and utility easements [Attached Hereto] A i~ f.~ NY Cutchogue BU 806579 • TOWER EASEMENT 5),bW'old A certain Tower Easement located West of Country Road 48 in the Town of Cwohegw, County of Suffolk, New York, containing 2578.41 square feet (0.059 acre) more or less of land. Located within land of the grantors described in Book 10321 Page 162. Said parcel is described as follows: Beginning at a Northwest Corner of a Tower Easement herein described; said point being S29°13'48"E a distance of 21.7 feet from the Northwest corner of the Parent Parcel, thence; along the bounds of said Tower Easement, along a chain link fence, the following ten (10) courses and distances; S57°43'57"E 43.78 feet to a point, thence; S35°06'07"W 17.68 feet to a point, thence; S38°55'05"W 11.93 feet to a point, thence; S32°44'09"W 10.08 feet to a point, thence; S33°30'34"W 12.53 feet to a point, thence; S32°44'59"W 17.98 feet to a point, thence; N57010'44"W 20.44 feet to a point, thence; N32°22'31"E 17.47 feet to a point, thence; N58°25'04"W 20.67 feet to a point, thence; N32° 19'36"E 52.69 feet to the point of beginning; Parcel Contains: 2578.41 square feet (0.59 acre) more or less of land 20 FOOT WIDE ACCESS EASEMENT A certain 20 foot Wide Easement located West of Country Road 48 in the Town of Cutchogue, County of Suffolk, New York, containing 4466.06 square feet (0.103 acre) more or less of land. Located within land of the grantors, described in Book 10321 Page 162 being Tax ID. 1000-096- 00-01-00-019-001 located at 21855 Country Road 48, Cutchogue, New York. Said parcel is described as follows: Beginning at a Northeast Corner of a Tower Easement, said point being S29°13'48"E 21.7 feet from the Northwest Corner of the Parent Parcel, and S57°43'57"E 43.78 feet along the northerly bounds of a Tower Easement, along a chain link fence, to the Northeast corner of said Tower Easement; thence along the northerly bounds of said 20 foot Access Easement the following two (2) courses and distances: S54050'46"E 110.10 feet to a point, thence; S58°08'59"E 91.49 feet to a point on the westerly bounds of Country Road 48, thence S25°52'32"W 20.11 feet along the westerly bounds of Country Road 48 to a point, thence; along the southerly bounds of said 20 foot wide Access Easement the following four (4) courses and distances: N58°08'59"W 94.16 feet to a point, thence;N54°50'46"W 90.81 feet to a point, thence; S35°42'55" W 20.00 feet to a point, thence; N53°52'21 "W 20.01 feet to a point on the easterly bounds of a Tower Easement, thence; along the easterly bounds of said Tower Easement, along a chain link fence, the following three (3) courses and distances:N32°44'09"E 10.08 feet to a point, thence;N38°55'05"E 11.93 feet to a point, thence; N35°06'07"E 17.68 feet to the point of beginning. Parcel Contains: 4466.06 square feet (0.103 acre) more or less of land UTILITY EASEMENT Matteo Land BU 875033 0 A certain Variable Width Utility Easement located West of Country Road 48 in the Town of Cutchogue, County of Suffolk, New York, containing 3266.13 square feet (0.075 acre) more or less of land. Located within land of the grantors, described in Book 10321 Page 162 being Tax ID. 1000-096-00-01-00-019-001 located at 21855 Country Road 48, Cutchogue, New York. Said parcel is described as follows: Beginning at a point on the westerly bounds of a Tower Easement, said point being S29°1 3'48"E 21.7 feet from the Northwest Comer of the Parent Parcel, and S32°19'36"W 44.38 feet along a chain link fence on the westerly bounds of a Tower Easement to a point, thence; along the bounds of a Variable Width Utility Easement, along a chain link fence on the westerly and southerly bounds of said Tower Easement the following four (4) courses and distances: S32019'36"W 8.30 feet to a point, thence; S58°25'04"E 20.67 feet to a point, thence; S32°22'31 "W 17.47 feet to a point, thence; S57°10'44"E 9.53 feet to a point, thence; along the northerly bounds of said Variable width Utility Easement the following three (3) courses and distances: SI1°43'07"W 72.88 feet to a point, thence; S53°16'45"E 103.34 feet to a point, thence; S68034'11"E 102.02 feet to a point on the westerly bounds of Country Road 48, thence; S25°52'32"W 10.03 feet along the westerly bounds of Country Road 48 to a point, thence; Along the southerly and westerly bounds of said Variable Width Utility Easement the following six (6) courses and distances: N68°34'11 "W 102.58 feet to a point, thence; N53°1 6'45"W 111.05 feet to a point, thence; N11043'07"E 78.39 feet to a point, thence; N26°37'11"W 30.49 feet to a point, thence; N32°19'36"E 14.11 feet to a point, thence; S58°25'04"E 5.00 feet to the point of beginning. Parcel Contains: 3266.13 square feet (0.075 acre) more or less of land Matteo Land BU 875033