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HomeMy WebLinkAboutL 12760 P 127 I IIIIIII IIII VIII VIII VIII VIII VIII VIII III IIII IIII III II VIII VIII IIII IIII 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.