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Home My WebLink AboutL 12765 P 289 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 02/28/2014 Number of Pages: 5 At: 01:26:36 PM Receipt Number : 14-0024667 TRANSFER TAX NUMBER: 13-19851 LIBER: D00012765 PAGE: 289 District: Section: Block: Lot: 1000 136.00 01.00 053.001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $4,500.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 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 $18.00 NO Comm.Pres $0.00 NO Fees Paid $213.20 TRANSFER TAX NUMBER: 13-19851 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ?I ?2 Number of pages RECORDED 2014 Feb 20 01:26:36 PM JUDITH A. FASCALE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L D00012765 P 289 DT# 13-19851 Stamp Recording / Filing Stamps Page / Filing Fee 1~ _ Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax _ TP-584 Sub Total _ Notation SpecJAssit. ~l or EA-52 17 (County) Sub Total ' V Spec. /Add. EA-5217 (State) TOT. MTG. TAX I I d0 Dual Town Dual County R.P.T.S.A. Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax _ Certified Copy The property covered by this mortgage is or will be improved by a one or two S Surcharge 15. 00 N Q family dwelling only. Sub Total, YES or NO Other ~1 Grand Total If NO, see appropriate tax clause on page # of this instrument. 4 Dist. 5 Community Preservation Fund 2683060 c-71~ Real Property ~L RPSMI A filConsideration Amount $ LLTax Service Agency p7 FEB 14 CPF a Due S Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD TD N TO ~o JTf1o~~ % / Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com an Information 310 Center Drive, Riverhead, NY 11901 [Co Name www.sutfolkcountyny.gov/clerk Title # 8 Suffolk Count Recordin & Endorsement Page This page forms part of the attached f/`$'cN/Fn/ / made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK, TO In the TOWN of UQJrHOt~ N~(,J AJ In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PR`U IN tiCACK INK ONLY PRIOR TO RECORDING OR FILING. ,za,w-,. (over) • .w P T S " • R sml A StatID: 2683060 27_FEB-14 Tax Maps District Secton Block Lot School District 1000 13600 0100 053001 1000 13600 0100 053003 fr' Easement Agreement This agreement, made th d y of May, 2013, between James C. Brown, II and Susan D. Brown , residing at 170 Oak Street, Cutchogue NY 11935, hereinafter referred to as "Brown", and Joyce G. Monk, residing at 130 Oak Street, Cutchogue NY 11935, hereinafter referred to as "Monk"; and WHEREAS, Brown is the owner of a parcel of land at 170 Oak Street, Cutchogue NY 11935, in the Town of Southold, County of Suffolk, and State of New York, known as Suffolk County Tax Lot No. District 1000, Section 136, Block 01 Lot 53.3 ; also known as Lot 8 and part of Lot 7 on Map of Eugene Heights, filed in the office of the Clerk of the County of Suffolk on October 29, 1928, as Map No. 856, and Monk is the owner of a parcel of land at 130 Oak Street, Cutchogue NY 11935, in the Town of Southold, County of Suffolk, and State of New York, known as Suffolk County Tax Lot No. District 1000, Section 136, Block 01 Lot 53. 1, also known as part of Lot 5, Lot 6 and part of Lot 7 on Map of Eugene Heights, filed in the office of the Clerk of the County of Suffolk on October 29, 1928, as Map No. 856; and WHEREAS both of said parcels are contiguous so that the southerly line of the Brown parcel is identical and coextensive with the northerly line of the Monk parcel; and WHEREAS Monk agrees to grant a 10' easement, running along the northerly 201.48 feet of the Monk parcel to Brown for the purposes of maintaining an unimproved area, without structures, between the two respective parcels for the purposes of leaving an access open for emergency vehicles, and other reasonable purposes; WHEREAS Brown has applied for a variance to construct a new dwelling at 5 feet from the Monk property line. Monk had agreed to sell the additional land to Brown, however, rather than a lot line change which would be costly and time consuming resulting in decreasing the size of the Monk parcel and increasing the size of the Brown parcel, the parties have agreed to place an easement on the Monk parcel which can be used for emergency access to both parcels, as well as grant the Brown parcel an open area 10 feet in width for all reasonable purposes, including but not limited to, access on the southerly side of the Brown house for construction, maintenance and repairs. WITNESSETH: That, in consideration of the mutual promises herein contained, and four thousand five hundred ($4,500.00) dollars from Brown to Monk, the said parties hereby agree as follows: 1. Monk hereby agrees to grant and convey to Brown an easement over the northerly 201.48 feet of the Monk property [SC Tax Lot No. 53.1] as shown on the attached survey; 2. Upon receipt of approval from the Southold Town Zoning Board of Appeals granting the requested variances, wetland permits from the Southold Town Trustees, and Health Department approval for a new sanitary system, Brown will pay Monk $4,500 and Monk grants the above described easement, at the Brown's sole cost and expense, to be recorded as against both properties to be certain that it is properly indexed against each parcel concerned in the Office of the Suffolk County Clerk. 3. That neither of the said parties, their respective distributees, devisees, personal representatives, successors or assigns, upon whom this agreement and conveyance shall be binding and to whom its benefits shall inure, shall in any wise impede or obstruct the other party in the free use of the said portions of the said lots for the purposes set forth above. 4. That Monk reserves the right to maintain and improve with asphalt her driveway. 5. That this agreement shall run with the land. 6. That each of the parties hereto is seized of an estate in fee simple in its respective parcel and that the same is free of all encumbrances. 7. That it is agreed and understood that the Town of Southold Zoning Board of Appeals has relied on the statements herein to grant a side yard variance on the Brown property. 8. The parties mutually agree to indemnify and hold harmless the other for the acts of their respective guests, contractors or invitees. IN WITNESS WHEREOF we have hereunto set our hands the year and date first above written at Q .~8 200 New York. ~t ~22 J es C. Brown, Susan D. Brown l~ Joy O! Monk STATE OF NEW YORK COUNTY OF SUFFOLK ss.: On the day of , 2013, before me, the undersigned, personally appeared James C. Brown, II personal) 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. Notary ublic PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 486166 Commission Expires June STATE OF NEW YORK COUNTY OF SUFFOLK : ss.: On the Z day of 1, 2013, before me, the undersigned, personally appeared Susan D. Brown personally kn n 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 she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual a executed the instrument. ry Public PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 4861668 Commission Expires June 16,__jf-' STATE OF NEW YORK COUNTY OF SUFFOLK ss.: On the 2 S' day of 2013, before me, the undersigned, personally appeared Joyce G. Monk personally kno 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 she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. dr/lam Notary Public PATRICIA C. MOORE Notary Public, state of New York Suffolk County - No. 4861668 Commission Expires June 18, ~~r 2 n 2 ~l q//~~ N N "1 ~ ~ ~p \Op~'4`s r dV 0 d `S r s ~ ~ ~ S~ffJ pp b n C ~1- `0.1 q s91Y / as Z o g t o E ~ a m c i P / 2 x as y(niy ~ °M ~ ' Y/ as e F m m 0 o Q k/ K l~ 9 F \ II 'l ~a a ki K ~oNt?y~] a S op ~t say oH~ NB V. 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