Loading...
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 r r f f � M f� r a J r �y �,r 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 It ts_r rK K 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