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
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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.
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I
SCHEDULE B MAP OF PROPERTY OWNED BY VILLAGE
11
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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.
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L SCHEDULE D MAP OF PROPERTY SUBJECT TO EASEMENT
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