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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 01/14/2014
Number of Pages: 6 At: 09:32:04 AM
Receipt Number : 14-0004468
TRANSFER TAX NUMBER: 13-16062 LIBER: D00012760
PAGE: 127
District: Section: Block: Lot:
1000 111.00 14.00 036.006
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 $10.40 NO RPT $120.00 NO
Transfer tax $0.00 NO Comm.Pres $0.00 NO
Fees Paid $205.40
TRANSFER TAX NUMBER: 13-16062
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
Ll RECORDED
2014 Jar, 14 09:32:04 AN
JUDITH R. PRSCALE
Number of pages CLERK OF
SUFFOLK COUNTY
L D00012760
This document will be public 1 127
DTN 13-15062
record. Please remove all
Social Security Numbers
prior to recording.
Deed/ Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee 30 - Mortgage Amt.
1. Basic Tax _
Handling 20. 00
2. Additional Tax _
TP-584 'J Sub Total
Notation SpecJAssit.
EA-5217 (County) Sub Total h5' Spec. /Add.
EA-5217 (State) TOT. MTG. TAX
( R.P.T.S.A, i a a v~ Dual Town Dual County
-°d~
Held rAppointment
Comm. of Ed. 5. W ~ ~ Transfer ansfer Tax
0 Affidavit ` ms?_[ • - Mansion Tax
( q,J Certified Co T~ The property covered by this mortgage is
py+ or will be improved by a one or two
NYS Surcharge 15. Oo IS family dwelling only.
9a Sub Total YE5 orNO
Other " GrandTotal AVJ 4-0 N If NO, see appropriate tax clause on
'page q ofthis in Crum nt.
002/13
2641484
4 Dist. 100 Y 5 Community Preservation Fund
PT S
Rea l Property A Consideration Amount $
R Simi IIOIIIIIIIII 9Iwi~ I
Tax Service 02JAN 14
Agency CPF Tax Due $
Verification J
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO: / Vacant Land
En-Consultants TO /D
1319 North Sea Road TD
Southampton, NY 11968 TO
Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co. Name
wwmsuffolkcountyny.gov/clerk Title it
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Easement made
by: (SPECIFYTYPE OF INSTRUMENT)
Rust Family Partnership I. Ltd. The premises herein is situated in
SUFFOLKCOUNTY, NEW YORK.
TO IntheTOWNof Southold
Rust Family Cottge Holdings LLC In the VILLAGE
or HAMLET of Cutchogue
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ON LY PRIOR TO RECORDING OR FILING.
over
PT S
R snnl A
Stat ID: 2641484 02JAN-14
Tax Maps
District Secton Block Lot School District
1000 11100 1400 036006
1000 11100 1400 036007
lam"
a
f
EASEMENT
THIS AGREEMENT made this day of YBI* 2013, between Rust Family
Partnership I, Ltd., a Florida limited partnership, party of the first part, with offices located at _
2600 Douglas Road, Suite 604, Coral Gables, FL 33134, and Rust Family Cottage Holdings,
LLC, a Florida limited liability company, party of the second part, with offices located at 2600
Douglas Road, Suite 604,Coral Gables, FL 33134, and for purpose of service for both the party
of the first part and the party of the second part, c/o Randall D. Rust, 4680 Wunneweta Road,
Cutchogue, NY 11935.
WHEREAS, the party of the.first part, as owner in fee simple of the parcel of land located at and
designated as 4680 Wunneweta Road, Cutchogue, NY 11935, Suffolk County Tax Map
number1000-111-14-36.6, more fully described in Schedule A, attached hereto, (hereinafter
referred to as Parcel 1), and
WHEREAS, the party of the second part, as owner in fee simple of the parcel of land located at
and designated as 200 Bayberry Road, Cutchogue, NY 11935, Suffolk County Tax Map
number 1000-111-14-36.7, more fully described in Schedule B, attached hereto, (hereinafter
referred to as Parcel 2).
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 ($10) 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
described more fully in Schedule C, attached hereto, for the purpose of placement, installation,
maintenance, repair, inspection and replacement of water lines, and the party of the second part,
their heirs, successors and/or assigns, 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 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 first part, their 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.
This grant of easement shall at all times be deemed a continuing covenant that runs with the land
and shall be binding upon, and inure to the benefits of heirs, successors and/or assigns of all
parties to this agreement.
This grant of easement shall not be terminated or extinguished without the prior written approval
of the Suffolk County Department of Health Services.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year
first above written.
RUST FAMILY PARTNERSHIP 1, LTD.
a Florida limited partnership
By: RUST FAMILY ENTERPRISES, LLC,
a Florida limited liability company, its sole general partner
By:
Name: Randa I D. Rust
Title: Managing Member
RUST FAMILY COTTAGE HOLDINGS, LLC
a Florida limited liability company
By: RUST FAMILY PARTNERSHIP I, LTD.
a Florida limited partnership, Managing Member
By: RUST FAMILY ENTERPRISES, LLC,
a Florida limited liability company, its sole general partner
By:
Name: Ra all D. Rust
Title: Managing Member
STATE OF 'cam
ss:
COUNTY OF G~ n
<<
On the If ~ day of /!'a w in the year 2013, before me the undersigned, personally
appeared Randall D. Rust, 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 on
behalf of which the individual acted, executed the instrument.
10
Notary Public
WARREN SUMNER
I?;: Commission # DD 997480
Expires June 2, 2014
B' Bwdetlllru Tm/F~ImuemB~`+i01B
SCHEDULE A
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town
of Southold, County of Suffolk and State of New York more particularly bounded and described
as follows:
BEGINNING at a monument on the southwesterly side of Wunneweta Road at the northerly
comer of Lot 221 as designated on the Amended Map A of Nassau Point as filed in the Suffolk
County Clerk's Office as Map No. 156 being the northerly comer of the premises about to be
described;
RUNNING THENCE along the southwesterly side of Wunneweta Road, the following three (3)
courses and distances:
(1) on a tie line South 52 degrees 24 minutes 20 seconds East, 97.49 feet;
(2) on a tie line South 68 degrees 00 minutes 20 seconds East, 177.63 feet; and
(3) on a tie line South 71 degrees 12 minutes 15 seconds East, 10.0 feet to a point;
RUNNING THENCE through other land of the party of the first part, the following two (2)
courses and distances:
(1) South 66 degrees 51 minutes 10 seconds West 224.29 feet; and
(2) South 81 degrees 01 minutes 50 seconds West 140.00 feet to a wood bulkhead and the
ordinary high water mark of Wunneweta Pond;
THENCE along a wood bulkhead and the ordinary high water mark of Wunneweta Pond the
following two (2) courses and distances:
(1) North 08 degrees 55 minutes 50 seconds West 91.35 feet; and
(2) North 42 degrees 29 minutes 15 seconds West, 28.16 feet to the westerly corner of the
premises being described herein;
RUNNING THENCE North 44 degrees 34 minutes 20 seconds East 179.97 feet to a monument
on the southwesterly side of Wunneweta Road and the point or place of BEGINNING.
SCHEDULE B
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold,
County of Suffolk and State of New York, more particularly bounded and described as follows:
BEGINNING at a monument located on the northwesterly side of Bayberry Road as widened at the
boundary line between land of the party of the first part and land now or formerly of Eugene Bolter and
Mary Jane Bolter;
RUNNING THENCE along the land of now or formerly of Eugene Bolter and Mary Jane Bolter the
following three (3) courses and distances:
(1) South 78 degrees 21 minutes 20 seconds West 80.76 feet to a monument;
(2) North 89 degrees 38 minutes 20 seconds West 60.00 feet to a monument; and
(3) North 63 degrees 34 minutes 10 seconds West 31.46 feet to a wood bulkhead and the ordinary
high water mark of Wunneweta Pond;
RUNNING THENCE along a wood bulkhead and the ordinary high water mark of Wunneweta Pond,
North 22 degrees 50 minutes 00 seconds East 102.26 feet to a point which marks the division line between
lots 219 and 220 on the Amended Map "A" of Nassau Point filed in the Suffolk County Clerk's Office on
August 16, 1922 as Map No. 156;
RUNNING THENCE through other land of the party of the first part the following two (2) courses and
distances:
(1) North 81 degrees 01 minutes 50 seconds East 140.00 feet to a point; and
(2) North 66 degrees 51 minutes 10 seconds East 224.29 feet to the southwesterly side of Wunneweta
Road;
RUNNING THENCE along the southwesterly sides of Wunneweta Road, the following two (2) courses
and distances:
(1) on a tie line South 71 degrees 12 minutes 15 seconds East, 41.57 feet; and
(2) on a tie line South 37 degrees 33 minutes 30 seconds East, 40.51 feet;
RUNNING THENCE along the westerly and northerly sides of Bayberry Road, the following four (4)
courses and distances:
(1) on a tie line South l l degrees 44 minutes 45 seconds West 62.59 feet;
(2) on a tie line South 61 degrees 11 minutes 45 seconds West 81.90 feet;
(3) on a tie line South 81 degrees 15 minutes 40 seconds West 168.89 feet; and
(4) on a tie line South 42 degrees 21 minutes 40 seconds West 42.00 feet to a monument located on the
northwesterly side of Bayberry Road as widened and the point or place of BEGINNING.
SCHEDULE C
Water Line Easement
ALL that certain plot, piece or parcel of land situate, lying and being at Nassau Point, Town of
Southold, County of Suffolk and The State of New York, known and designated as part of Lot
220 as shown on a certain map entitled " Amended Map A of Nassau Point", filed in the Office
of the Clerk of Suffolk County on August 16, 1922 as File No. 156, more particularly bounded
and described as follows:
BEGINNING at a point along the southerly line of Winneweta Road the following two (2)
courses and distances from a point at the intersection of the easterly side of Bayberry Road and
the division line between Lots 219 and 220 as shown on above said map:
(1) North 37 degrees 33 minutes 30 seconds West along a tie line of an irregular
curve of the westerly side of Bayberry Road, 40.51 feet to a point;
(2) North 71 degrees 12 minutes 15 seconds West along a tie line of an irregular
curve of the southerly side of Winneweta Road, 41.57 feet to the point or place of
BEGINNING;
RUNNING thence South 66 degrees 51 minutes 10 seconds West along the division line between
land now or formerly of The Rust Family Partnershipl, LTD. and land now or formerly of The
Rust Family Cottage Holding, LLC, 67.91 feet to a point;
RUNNING thence North 42 degrees 48 minutes 09 seconds East through land now or formerly of
The Rust Family Parnership 1, LTD., 50.90 feet to a point along the southerly side of Winneweta
Road;
RUNNING thence the following two (2) courses and distances along tie lines along an irregular
curve of the southerly side of W inneweta Road:
(1) South 68 degrees 00 minutes 20 seconds East, 19.83 feet to a point;
(2) South 71 degrees 12 minutes 15 seconds East, 10.00 feet to the point or place of
BEGINNING.