HomeMy WebLinkAboutL 12779 P 422 SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 07/01/2014
Number of Pages: 7 At: 02 :30:32 PM
Receipt Number : 14-0085440
TRANSFER TAX NUMBER: 13-30060 LIBER: D00012779
PAGE: 422
District: Section: Block: Lot:
1000 064.00 02 .00 029.001
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $35.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $10.00 NO Notation $0.00 NO
Cert.Copies $0.00 NO RPT $120 .00 NO
Transfer tax $0 .00 NO Comm.Pres $0.00 NO
Fees Paid $205.00
TRANSFER TAX NUMBER: 13-30060
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages RECORDED
2014 .Jul 01 02:30:32 P11
JUDITH A. PASCALE
This document will be public CLERK OF
SUFFOLK COUNTS
record.Please remove all L D00012779
Social Security Numbers P 422
prior to recording. DT# 13-30060
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee ''f f Mortgage Amt.
1.Basic Tax
Handling 20, 00
2. Additional Tax
TP-584Xa r Sub Total
Notation
Spec./Assit.
_
EA-52 17(County) Sub Total or
ll�' f Spec./Add,
EA-5217(State) TOT.MTG.TAX
Dual Town Dual County _
R.P.T.S.A. Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Affidavit * . Mansion Tax
"W REDO
Certified Copy The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total � YES or NO
Other �}
Grand Total LX If NO, see appropriate tax clause on
page# of this instrument.
4 gist. 100! 2749764 1 � 5 Community Preservation Fund
Real Property ��1IlII��EII�I�I�I�����I�I�I�II���IIIII Consideration Amount$
Tax Service (2D7-JUN-14
Agency CPF Tax Due $
Verification
-- — Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
TD
Patricia C.Moore,Esq.
51020 Main Road TD
Southold,NY 11971 TD
Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name Fidelity National Title Ins. Services,LL(
www.suffolkcountyny.gov/clerk Title#
F14-7404-94501-SUFF
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Common Driveway&Maintenance Agreement made
by: (SPECIFY TYPE OF INSTRUMENT)
Darlene Widirstkx The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of Southold
James Wldirst y as executor of the In the VILLAGE
Estate of Betsy Widirst y or HAMLET of Southold
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
Stat ID: 2749764 R poc A27-JUN-14
Tax Maps
District Secton Block Lot School District
1000 06400 0200 029001 SOUTHOLD
1000 06400 0200 027001 SOUTHOLD
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COMMON DRIVEWAY & MAINTENANCE AGREEMENT
This agreement made the 16th day of June, 2014, by and between Darlene
Widirstky having an address at 40 Founders Path a/k/a 250 Korn Road, Southold,
County of Suffolk, State of New York 11971, their successors or assigns, and James
Widirstky, as executor of the Estate of Betsy Widirstky having an address at 140
Founders Path, Southold, County of Suffolk, State of New York 11971, their successors
or assigns;
The parties recite and declare as follows:
A. The parties have an interest in adjoining real estate situated in the Town of Southold,
County of Suffolk, State of New York, and described, respectively, as follows:
40 Founders Path a/k/a 250 Korn Road, Southold, County of Suffolk, State of New York
11971, also known as SCTIVI# 1000-64-2-29.1, attached Schedule A-1
140 Founders Path, Southold, County of Suffolk, State of New York 11971, also known
as SCTM#1 000-64-2-27.1, attached Schedule A-2
B. The parties desire to create a common driveway between the above-described
adjoining lots owned by them for the benefit of each of them.
In consideration of the above recitals and the terms and covenants of this agreement,
the parties agree as follows:
1. An easement for a common driveway in favor of 40 Founders Path a/k/a 250 Korn
Road, Southold, County of Suffolk, State of New York 11971, also known as SCTIVI#
1000-64-2-29.1, attached Schedule A-1, owned by Darlene Widertsky, is created over
the strip of land 10' in width along the southerly boundary line of SCTIVI# 1000-64-2-
29.1, and an easement for a common driveway is created in favor of 140 Founders
Path, Southold, County of Suffolk, State of New York 11971, also known as SCTIVI#
1000-64-2-27.1, attached schedule A-2, owned by the Estate of Betsy
Widirstky,(Schedule A), is created over the strip of land 5' in width along the northerly
boundary line of SCTM#1000-64-2-27.1 for the purpose of creating a common driveway
15' in width for the benefit of both of the above-described lots. The entrance on
Founders Path, Southold, running. appFeximat� feet in a westerly direction to a
co,of point wherein the driveways split into two (2) separate driveways which run to the
party's respective homes. Said easement is depicted on the attached survey prepared
by Kenneth M. Woychuk, Land Surveyor, dated May 28, 2014 and last updated on June
16, 2014, attached hereto as Schedule B.
2.The easement created by this agreement is superior and paramount to the rights of
either of the parties to this agreement in the respective servient estates so created, and
the parties further agree that it is a covenant that shall run with the land
Now, therefore, be it further agreed, and of the mutual benefits and obligations set forth
in this agreement, the parties agree to the following:
1. The parties limit their easement to ingress and egress and any existing utilities.
2. Neither of the parties, their respective successors or assigns, shall in any way
impede or obstruct the other party in the free use of the potions of the lots for the
purposes set forth above.
3 The parties, their respective successors or assigns, shall share equally in the cost of
repair, maintenance and replacement and snow removal of the common driveway from
the entrance on Founders Path to the point where the driveways turn onto their
respective homes, a distance o
4. The parties shall maintain appropriate insurance and agree to each indemnify the
other for the acts of their respective agents, contractors, occupants, or guests.
'I I I fv%15'0 1�15C 113
5. The easement recorded in Liber 11650 page 139 'dated October 16, 1993 is hereby
released and terminated and is being replaced by this Common Driveway Easement &
Maintenance Agreement.
6. This agreement shall run with the land.
7. Each of the parties is seized of an estate in fee simple in its respective parcel and
the same is free of.all encumbrances.
in witness whereof we have hereto set our hands the year and date first above written
at IM-3VAES U-(� Florida
Owner of 250 Korn Road, Southold Owner of 140 Founders Path, Southold
SCTM#1000-64-2-29.1 SCTM#1000-64-2-27.1
Darlene WWAsky W I>I F-5T9 Y Ja es as Executo f the
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taOteofVBertssvyrl'-VVk�RWAy.Wlb'OsTXY
State of Florida
ss:
County of j,Cj5'
On this/61day of June, 2014, before, the undersigned, personally appeared Darlene
VA43ky personally known to me or proved to me on the basis of satisfactory evidence to the
be 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 individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument, and that such individual made such appearance
before the undersigned in the !Si. i tVhF-s (,-I" � EL . (Insert the city
or other political subdivision and the state or country or other place the acknowledgement was
taken).
aid
7N4taPublicV
A.PATRICIA7WAITE
S I
aty Public-State of f lodda
Not
I it s u 10 2018
State of Florida My Comm.Expires Jun 10.2018
'iss 86
ss: Commission# FF 111586
County of ACE
VV On this 16day of June, 2014, before, the undersigned, personally appeared filadme
AAAdi4sky personally known to me or proved to me on the basis of satisfactory evidence to the
be 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), an'd that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument, and that such individual made such appearance
before the undersigned in the S:?-. J 6 1M -s Ctlt LA (Insert the city
or other political subdivision and the state or country or other place the acknowledgement was
taken).
l4o'tary Public - - - - - - - - - -
PATRICIA A.WAITE
XP ilAs Notary Public-State of Florida
My Comm.Expires Jun 10.2018
"M Commission#FF 111586
F I 11 586
4- 111 1111 jjMN4PjjjjjjjjjP0W--
. . .
Fidelity National Title Insurance Company
'
SCHEDULE A-l (DcScriphuo)
ALL that certain plot, piece cv parcel of land, si/ume. lying and bcin8 in ,he Tn*n 01' 3ootho|d. Coon?y m[Suffb|k and
State of New York, known and designated as and by part of Lot 5 oil u ccuuin subdivision mup cNNcd Subdivision Map
of Founders Estates" and filed in the Office ofthe Clerk of the COLInty OfSLlffolk oil May 10. |927Under File *834and o
oci-tmin descriptive pnmd adjoining said pnii of lot. Said paii of lot and descriptive pmrod, when taken |ngrther are morn
particularly bouxdedand described aofollows:
BEG INNING atthe corner fomc hvthe nou\hor|yside nfKorn Road With the snmhweStCdyside m[RmndcoPath,
RUNNING THENCE 3ouUh 28 drgrcey 35 minuu:u 40 seconds [as| u|oo& the southwesterly side ofFouodco Path,
118.74 feet,
THENCE South 64dx�ecsO5mnu� � West, | |X.66 |hy !u [hcland now cxformerly u[D/rxoan�
THENCE North |7degrees 28minubcnZ0seconds West along said land o[Brennan, |}4,98feet \nthe you\hedyside of'
KomRuud�
'
THENCE NoMh 73 degrees | | m1nutes 00 xcomndx East along the southerly side oyKorn koad. 94.48 feet W the corner
first above mcndonodmthe point orplace ofBEGINNING.
SCHEDULE A-2
ALLthat certain piece or parcel of land, situate, lying and being at Southold,
E.in the T'osn of Southold, County of Suffolk and State of Newyork, bounded and
described es follows:
F HSGIN G at a point on the westerly line of Founder's Path, 193.74 feat
southerly along said westerly line from a concrete monument set at the inter-
j- section of the said westerly line of Founder's Path with the southerly line of
Korn Road, (said point of beginning being the southeasterly corner of Lot No.
j 5 as shown on a Map entitled "Subdivision Map of Founder's Fatates, Iac.n situate
at Southold, N.Y.,and filed in the Suffolk County Clerk's Office on Nay 10, 1927,
as Map No. 6340 and bolus also the southeasterly corner of the premises herein
described); from said point of beginning running along the northerly line of Lot
No. 6 as shown on said vA•p, South 64 degrees 05 minutes 00 seconds West 142.98
feet; running thence along the easterly lines of Lots Nos. 2 and 1 as shown on
;, said map, and passing through a concrete monument, Horth 26 degrees 55 minutes
00 seconds West 51.70 feet to a concrete monument and land now or formerly of
A. H. Cosden; running thenen along said land now or formerly of A. H. Cosden,
two courses, as follows: (1) Korth 72 degrees 22 minutes 00 seconds Bast
17.18 feet to a concrete monument; thence (2) North 17 degrees 2B minutes,
20 seconds West 25.97 feet; running thence along land of John Bakelaar and
wife on a line parallel with the southerly boundary line hereinabove described,
North 64 degrees 05 minutes 00 seconds East 11868 feat to sold westerly line
of Pounder's Path; running, thence along said %esterly line of Founder's Path
' South 88 degrees 35 minutes 40 seconds Bast a distance of 76 feet to the point
or place of beginning, according to survey by. Otto W. van Tuyl, Licensed Sur-
veyor, Greenport, N.Y., dated December 17, 1951.
SCHEDULE B
S.C.T.M. NO. DISTRICT., rOOO SECTION:64 BLOCK:2 LOT(S):29.1
(49-5)
EDGE OF n0AD
pAVEM"Nra.N
73 '00 D.P.
WOOD DECKS GUY WIRE MON.
ON GRADE
WOOD WORK PAHO
BENCH
0
cc"6
GUY WIRE
WOOD DECKS I sr,
ON GRADE DWQ FR4f, cn
LAND N/F
OF U.P
TERRY A. JENSEN 52.8' C71
A.
Sp
3.6,
M.H'O
31A_�C ORA
3f.
rR
SCE A Ca
CONC, BLOCKSn Lc)
:�At
QED COMMON DRIVEWAY
LIQ Mm'0 ;q).oW EASEMENT
TIMBER CURB
r . . . . 2241
W
ry
C USHED STONE DRIVEWAY
S64- 5100,13Y
.118,66'
S64 D5,co. - _ -
LAND N/F
OF
BETSY WIDIRSTKY
FRANK P. WIDIRSTRY
UPDATE SURVEY 06-16-14
REVISED LOT LINE 06-03-14
LIBER 11650 THE WATER SUPPLY, *ELLS; DRY*rLLs AND CESSPOOL
PC.739 LOCATIONS-WOW ARE FROM RELD OBSERVATIONS
AND OR DATA OBTAINED FROm OTHERS.
AREA:13,413.49 SQ.FT. or 0.31 ACRES ELEVAnON DATUM: -------------------------
UNAUTHORIZED ALMRA77CIV OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW COPIES OF THIS SURVEY
MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SIAL SHALL NOT BE CONSIDERED TO BE A VAVV TRUE COPY. GUARANTEES 1NOfCA7EO HEREON SHALL RUN
ONLY TO THE PERSON FOR *40M THE SURVEY 15 PREPARED AND ON YS BEHALF TO THE 1771F COMPANY, GOVERNMENTAL AGENCY AND LENDING iNS777L)ITON
LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INS777LI77ON, GUARANTEES ARE NOT TRANSFERABLE
THE OFFSETS!OR DIMENSIONS SHOW HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE
NOT INTENDED TO MONUMENT THE FROPfRrY LINES OR TO GUIDE THE EREC77ON Or FENCES. A0011700VAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS
AMD/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AF THE TIME OF SURVEY
SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO:STEVEN SCHNEE; MON)CA SCHNEE;
MAP OF: FIDELITY NATIONAL TITLE INSURANCE;
FILED: CORRIDOR MORTGAGE GROUP;
SITUATED AT:SOUTHOLD
TOWN OF:SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC
SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design
P.O. Box 153 Aquebogue, New York 11931
FILE
PHONE (631)290-1368 VAX(031) 293-1509
0 14—74 SCALE: 1"=20' DATE: MAY 28, 2014 LISC. NO 05'OBB2 mUal.ldwj th. f ftb-t J.R--Y h I—th W ftyhk