Loading...
HomeMy WebLinkAboutL 12763 P 344 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 02/11/2014 Number of Pages: 16 At: 12:51:55 PM Receipt Number : 14-0016647 TRANSFER TAX NUMBER: 13-18425 LIBER: D00012763 PAGE: 344 District: Section: Block: Lot: 1001 004.00 09.00 008.001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $0.00 YES Handling $0.00 YES COE $0.00 YES NYS SRCHG $0.00 YES TP-584 $0.00 YES Notation $0.00 YES Cert.Copies $0.00 YES RPT $0.00 YES Transfer tax $0.00 YES Comm.Pres $0.00 YES Fees Paid $0.00 TRANSFER TAX NUMBER: 13-18425 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 Number of pages RECO.DED 2014 Feb 11 12:51:55 PH This document will be public JUDITH P. PASCAILE CLERK OF record. Please remove all SUFFOLK COUNTY Social Security Numbers L D00012763 prior to recording. OT8 13314425 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page / Filing Fee 0 Mortgage Amt. 1. Basic Tae _ Handling - C20 . 00 - 2. Additional Tax TP-584 J~ Sub Total _ Notation SpecJAssit. or EA-52 17 (County) Sub Total Spec. /Add. _ EA-5217 (Stare) TOT. MTG. TAX R.P.T.S.A. Lfu~ Dual Town _ Dual County _ Held for Appointment Comm. of Ed. 5. 00 Tmu>sfer Tax Affidavit ' Mansion Tax _ Certified Copy - The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 - family dwelling only. . Sub Total • Other YES or NO r • --C Grand Total QnJ~ If NO, see appropriate tax clause on page N of this instrument. 4 Diat. ' 2657876 5 Community pnesservation Ftitnd R DHD A Consideration Amount $ Real Property 1 PTE 11111 Jill 1111111111111111111111 Tax Service r Agency 1 2rJAN-14 CPF Tax Due $ Verification 1 Improved 6 S1 tisfactions/Discharges/Releases List Property Owners Mailing Address RECORD 1k RETURN TO: Vacant Land ;54~'o1K &Ofy ~e ctment t~f Ceonomtc t~~.delogmerlt a / TO rT~q ( nd Plan~r~9' V P-Al' Jodrl,je O`d5rtei) St. ?4w{-Girt TO IOoVetcrrnns hteator,tLL ihj6~ ~ TO 1~ ~-ip P e fV .Y r l ~~g Mail to: Judith A. Pascale, Suffolk County Clerk L7,~ TyneCom an information 310 Center Drive, RiverheadNY 11901 me www.suffolkeountyny.gov/clerk Title J/ g Suffolk Count Recording & Endorsement Page This page forms part of the attached LP.AP.~tn ay made by: (SPECIFY TYPE OF INSTRUMENT) r I The premises herein is situated in r1310 tpn SUFFOLK COUNTY, NEW YORK. t u4•/y TO _ In the TOWN of .Mt L 414 L.C7L,O Ty O-r 44i:p(K' In the VILLAGE ~~~/Ty7~ or HAMLET of (;Cce4 pO1" BOXES 6 THRU•8 MUST He TYPED PRINTED IN BLACK INK ONLY PRIOR 'lRE~ CORDING OR FILING. -71 PT S R DRO A Stat ID: 2657876 27JAN-14 Tax Maps District Secton Block Lot School District 1001 00400 0900 008001 GREENPORT 1001 00400 0900 023003 GREENPORT 1001 00400 0900 012001 GREENPORT 1001 00400 0900 011000 GREENPORT f' f i r EASEMENT a THIS INDENTURE, made this / 8 day off N t 20 / ? between Village of Greennort, a municipal corporation of the State of New York having its principal place of business at 236 Third Street Greenport, NY, 11944 (hereinafter referred to as "Grantor"); and the County of Suffolk, a municipal corporation of the State of New York with offices at Suffolk County Center, Center Drive, Riverhead, New York 11901 (hereinafter referred to as "Grantee"): WITNESSETH: WHEREAS, the Grantor covenants that it is seized of certain premises (the "Subject Premises") described in Schedule "A", attached hereto and made a part hereof, of which a Map or Survey is also attached hereto and made a part of hereof, as Schedule "B", and further the Grantor also covenants that it has good right and title to convey the Subject Premises; and WHEREAS, the Grantor desires to participate in the Grantee's Downtown Revitalization Program, which will consist of a joint project in which the Grantee shall agree, pursuant to an intermunicipal agreement between the Grantor and the Grantee, to assist in the financing of the construction of certain infrastructure improvements on land not owned by the Grantee; and WHEREAS, in conformity with the Grantee's Downtown Revitalization Program, the Grantor is required to grant an easement to the Grantee, comprised of that portion of the Subject Premises upon which such infrastructure improvements will be built, along with the real property necessary to gain access to such infrastructure improvements; and WHEREAS, the Grantor desires to convey an easement, for the time period stipulated in paragraph 6 of this Indenture, on, over, across and in all or a portion of the Subject Premises to the Grantee, and its successors and assigns, for the purposes as set forth below: NOW, THEREFORE, the Grantor does hereby grant and convey unto the Grantee, and its successors and assigns, an easement on, over, across and in all or a portion of the Subject Premises (hereinafter referred to as the "Easement," described in Schedule "C", attached hereto and made a part hereof, of which a map or survey is also attached herein and made a part hereof as Schedule "D"). 1 Box-04a ts~eeo~rt B z.D 4 00 1 ~~33/ Said Easement herein granted includes the following rights and privileges: 1. The right and privilege, but not the obligation or duty, to ascertain site conditions and/or inspect, build, operate, maintain, remediate and gain access, as necessary, to the following infrastructure improvements (the "Infrastructure Improvements") at the Subject Premises without limitation, along with the real property necessary to gain access to such Infrastructure Improvements: A) street lighting throughout Adams Street parking lots and access roads, and along Front and Main Streets with new efficient LED fixtures 2. Such right and privilege is for the purpose of protecting the Grantee's interest in this Easement only, and is not for the purpose of ensuring the safety of persons on or near the Subject Premises. 3. The right and privilege shall be deemed to include, but not be limited to, ingress and egress over the Subject Premises in order to accomplish the rights and privileges granted in paragraph 1 of this Easement; and 4. The right to clear and disturb, in any reasonable manner, form or way, without limitation, the Subject Premises to effectuate the terms of this Easement. TO HAVE AND TO HOLD, the rights and easements granted herein unto the Grantee, and its successors and assigns, and which shall run with the Subject Premises for the time period stipulated in paragraph 6 of this Easement, said Grantor and Grantee mutually agree and covenant as follows: 5. All Infrastructure Improvements as identified in paragraph 1 above, constructed by or on behalf of the Grantor, and its successors and assigns, upon the Easement, shall be and remain property of the Grantor, and its successors and assigns, until such time as this Easement is terminated. 6. a. This Easement shall commence upon its execution by the Grantor, and is deemed a condition precedent for the Grantee's participation in the funding of the Grantor's Infrastructure Improvements via the Grantee's issuance of its notes and /or bonds. b. This Easement shall terminate upon the condition precedent of written notice given by the Grantee to the Grantor, upon the occurrence of either of the following events: (i) That the subject notes and/or bonds issued to finance all or part of the costs of the Infrastructure Improvements are fully paid and retired. (ii) Upon full payment by the Grantor to the Grantee, of an amount comprised of the outstanding principal amount of the Grantee's notes 2 and/or bonds issued to finance all or part of the cost of the Infrastructure Improvements, plus all of the Grantee's issuance costs, interest costs, redemption premiums, and penalties, if any, and administrative soft costs therefore, should there be any failure to comply with the terms and conditions of the Capital Project Agreement between the Grantor and the Grantee of even date herewith. 7. The Grantee shall have the right of quiet enjoyment of said rights and easement. 8. The Grantee agrees to reasonably restore any Easement area(s) or other areas on the Subject Premises disturbed by the Grantee to a condition similar to that which existed prior to the disturbance. 9. The Grantor agrees that the terms, conditions, covenants, restrictions, and purposes of this Easement shall continue for the time period stipulated in paragraph 6 above, and the same shall be incorporated by reference in any subsequent deed or other legal instrument by which the Grantor divests itself of either the fee simple title to, or other possessory interest in the Subject Premises, or any portion thereof, specifically setting forth the date of this Easement and also the date that this Easement was recorded in the Suffolk County Clerk's Office, and the Liber and page thereof. 10. Except as set forth in paragraph 11 below, any rule of strict construction designed to limit the breadth of the restrictions in the use of the Easement shall not apply in the construction or interpretation of this Easement, and, this Easement shall•be interpreted broadly to effectuate the purposes of this Easement as intended by the Grantor and Grantee. 11. The Grantor and Grantee acknowledge, agree and accept that this Easement shall be deemed to have been made pursuant to and in accordance with Suffolk County Legislative Resolution No. 808-1998 and the Rules and Regulations promulgated thereunder, and the Grantor shall be, and remain in compliance therewith. 12. Notwithstanding anything to the contrary, the Grantor, and its successors and assigns, agree that anyone who legally uses the Subject Premises, shall have the reasonable right to reasonably cross over the Easement, so long as the Grantee's rights, privileges and usage, as stipulated in this Easement, are not obstructed thereby. 13. The Grantor shall maintain the Easement in good repair at its sole cost and expense. 14. The Grantor shall, at its sole cost and expense, secure any and all permits or licenses which may be lawfully required by, and shall abide by all laws, rules, regulations and codes of, each and every municipality and/or department and/or agency, whether federal, state, or local, having jurisdiction in or over the Easement. 3 15. It is intended by the parties to this Indenture that the Easement is necessary for the issuance of bonds in connection with the Grantee's Downtown Revitalization Program and the Grantor's participation in such program, and is not intended to establish any liability to the Grantee regarding any construction, building or work performed at the Subject Premises. The Grantor agrees that it shall protect, indemnify and hold harmless the Grantee and its officers, officials, employees, contractors, agents and other persons from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys' fees, whatsoever, arising out of the acts, omissions or the negligence of the Grantor in connection with any construction, building and work performed at the Subject Premises, the use of the Subject Premises and this Easement. The Grantor shall defend the Grantee and its officers, officials, employees, contractors, agents and other persons in any claim and/or suit, including appeals, or at the Grantee's option, pay the Grantee reasonable attorneys' fees for defense of any such suit arising out of the acts, omissions or negligence of the Grantor, its officers, officials, employees, subcontractors or agents, if any, in connection with any construction, building and work performed at the Subject Premises, the use of the Subject Premises and this Easement. 16. The Grantor represents and warrants that neither the Grantor nor any official, officer, or employee of Grantor, has offered or given any gratuity to any official, employee or agent of Grantee, Suffolk County, New York State or any political party with the purpose or intent of securing favorable treatment with respect to the awarding or amending of an agreement, or the making of any determinations with respect to the performance of an agreement, and that Grantor has read and is familiar with the provisions of Suffolk County Local Law Number 32-1980. 17. The Grantor, in compliance with Section 13 of the Lien Law, hereby covenants that the Grantor will receive the funding provided by the Grantee under the Grantee's Downtown Revitalization Program and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvements and will apply the same first to the payment of the cost of the improvements before using any part of the total of the same for any purpose. 18. This Easement shall run with the land and shall be binding upon the parties thereto, their heirs, distributees, executors, successors, and assigns for the time period set forth in paragraph 6 above. 4 1 5 - G(J, ui 2 IN WITNESS WHEREOF, the Grantor and Grantee have duly executed this Easement as of the date first above written. Village of Gre portCounty uffolk By: By: I Name qv, u~N Nam T-)P nr)t5 !00 t6 hen Title C h iel Deputy County Executive Date: Date: Z7-3 Approved as to Legafi Lft nis M4.8"pproved: Bessie A4, Eelrcn, Cou torney Department of Eco romic Development & Planni By: By: eede Pe 1~(` J e Mimeri MOS Assistant County Attorney 6e enn......xeFlsf ~o ~i~ECtcfiv6+ 600 Date: M ~1 ( Date: 3 -w( a rN.oO+~ K331 5 ACKNOWLEDGEMENT STATE OF NEW YORK) 7 , SS: ttV// COUNTY OF SUFFOLK) . On-the ($~day of Sv e in the year 2012 before me, the undersigned, personally appeared r-, y r t _ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individuals(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Sign d office of individual taking acknowledgement) JFANMA M ODDON NderyRibkStd N York Owned hr SUM Cam Carrordseim 60" November u, zS 6 ACKNOWLEDGEMENT STATE OF NEW YORK} SS: COUNTY OF SUFFOLK} On the day of in the year 201 ?before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individuals(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (SignaturZ and office of individual taking acknowledgement) MARY E BARBONE NOTARY PUBLIC-STATE OF NEW YORK N0. 01 BAb 127940 Qualified in Suffolk county my commission Expires May 31, 2013 7 SCHEDULE A BEGINNING at a point at the corner of the intersection of the easterly side of Main Street (Route 25) with the intersection of an easterly extension of the southerly boundary of the public right of way of Center Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a southerly direction along the easterly boundary of the public right of way of Main Street to the southern terminus of the public right of way of Main Street; Village,of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a westerly direction along the southern terminus of public right of way on Main Street to the westerly side of the public right of way of Main Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a northerly direction along the westerly boundary of the public right.of way of Main Street to the corner of the westerly side of the public right of way of Main Street and the southerly boundary of the public right of way of Front Street (Route 25); Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a westerly direction along the southerly boundary of the public right of way of Front Street to the corner of the intersection of the southerly boundary of the public right of way of Front Street'and the easterly boundary of the public right of way of Third Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a southerly direction along the eastern boundary of the public right of way of Third Street to the corner of the northerly boundary of the public right of way of Wiggins Street and the westerly boundary of the public right of way of Third Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a westerly direction to the corner of the intersection of the northerly boundary of the public right of way of Wiggins Street and the westerly boundary of the public right of way of Third Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a northerly direction along the westerly boundary of the public right of way of Third Street to the corner of the intersection of the westerly boundary of the public right of way of Third Street and the northerly boundary of Front Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in an easterly direction along the northern boundary of the public right of way of Front Street to the corner of the intersection of the northerly boundary of the public right of way of Front Street and the westerly side of the public right of way of First Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a northerly direction along the westerly side of the public right of way of First Street to the corner of the intersection of the southerly side of the public right of way of Adams Street and the westerly side of the public right of way of First Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a westerly direction along the southerly boundary of the public right of way of Adams Street to the corner of the southerly boundary of the public right of way of Adams Street and the easterly boundary of the public right of way of Third Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a northerly direction along the easterly boundary of the public right of way of Third Street to the corner of the intersection of the easterly boundary of the public right of way of Third Street and the northerly boundary of the public right of way of Adams Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in an easterly direction along the northern boundary of the public right of way of Adams Street to the corner of the northerly boundary of the public right of way of First Street, including the three Village of Greenport municipal parking lots located on the north side of Adams Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a southerly direction along the easterly boundary of the public right of way of First Street to the corner of the intersection of the easterly boundary of the public right of way of First Street and the northerly boundary of the public right of way of Front Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in an easterly direction along the northern boundary of the public right of way of Front Street to the corner of the intersection of the northerly boundary of the public right of way of Front Street and the westerly boundary of Main Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a northerly direction along the westerly boundary of the public right of way of Main Street to the corner of the intersection of the westerly boundary of the public right of way of Main Street and the southerly boundary of the public right of way of Center Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in an easterly direction along an easterly extension of the southerly boundary of the public right of way of Center-Street; Village of Greenport, County of Suffolk, N.Y., to the place or point of BEGINNING. z I SCHEDULE B MAP OF PROPERTY OWNED BY VILLAGE 11 -4.ro L 1 err_ x • ~ P p~ .O /'''dtA~ GPRPr'~ O 1~ Q F \G . SOS ~~F o '1~. - ti SCHEDULE C BEGINNING at a point at the corner of the intersection of the easterly side of Main Street (Route 25) with the intersection of an easterly extension of the southerly boundary of the public right of way of Center Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a southerly direction along the easterly boundary of the public right of way of Main Street to the southern terminus of the public right of way of Main Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a westerly direction along the southern terminus of public right of way on Main Street to the westerly side of the public right of way of Main Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a northerly direction along the westerly boundary of the public right of way of Main Street to the corner of the westerly side of the public right of way of Main Street and the southerly boundary of the public right of way of Front Street (Route 25); Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a westerly direction along the southerly boundary of the public right of way of Front Street to the corner of the intersection of the southerly boundary of the public right of way of Front Street and the easterly boundary of the public right of way of Third Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a southerly direction along the eastern boundary of the public right of way of Third Street to the corner of the northerly boundary of the public right of way of Wiggins Street and the westerly boundary of the public right of way of Third Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a westerly direction to the corner of the intersection of the northerly boundary of the public right of way of Wiggins Street and the westerly boundary of the public right of way of Third Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a northerly direction along the westerly boundary of the public right of way of Third Street to the corner of the intersection of the westerly boundary of the public right of way of Third Street and the northerly boundary of Front Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in an easterly direction along the northern boundary of the public right of way of Front Street to the corner of the intersection of the northerly boundary of the public right of way of Front Street and the westerly side of the public right of way of First Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a northerly direction along the westerly side of the public right of way of First Street to the corner of the intersection of the southerly side of the public right of way of Adams Street and the westerly side of the public right of way of First Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a westerly direction along the southerly boundary of the public right of way of Adams Street to the corner of the southerly boundary of the public right of way of Adams Street and the easterly boundary of the public right of way of Third Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a northerly direction along the easterly boundary of the public right of way of Third Street to the corner of the intersection of the easterly boundary of the public right of way of Third Street and the northerly boundary of the public right of way of Adams Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in an easterly direction along the northern boundary of the public right of way of Adams Street to the corner of the northerly boundary of the public right of way of First Street, including the three Village of Greenport municipal parking lots located on the north side of Adams Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a southerly direction along the easterly boundary of the public right of way of First Street to the corner of the intersection of the easterly boundary of the public right of way of First Street and the northerly boundary of the public right of way of Front Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in an easterly direction along the northern boundary of the public right of way of Front Street to the corner of the intersection of the northerly boundary of the public right of way of Front Street and the westerly boundary of Main Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in a northerly direction along the westerly boundary of the public right of way of Main Street to the corner of the intersection of the westerly boundary of the public right of way of Main Street and the southerly boundary of the public right of way of Center Street; Village of Greenport, County of Suffolk, N.Y. RUNNING THENCE in an easterly direction along an easterly extension of the southerly boundary of the public right of way of Center Street; Village of Greenport, County of Suffolk, N.Y., to the place or point of BEGINNING. .S' h [ Al L SCHEDULE D MAP OF PROPERTY SUBJECT TO EASEMENT 15 SE EEAMNTH-~ L-T r N z y y C7 Ch XTH STREET Sj Ty y y D 11 A O O n 0~ 'TH STREE_... y k 1P e y LA/1,• ,q6.E ti Fp . JRTH STREET R Q E y . 2 m • 1~3~1S rn C4 m . N~ ~ rn o A y tJls y Z' ~ Z m Z c