HomeMy WebLinkAboutL 12790 P 865 11111111 IIII IIIA VIII VIII 11111 VIII Ilill VIII 1111 IIII
1111111 VIII VIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 10/02/2014
Number of Pages: 8 At: 11:36:23 AM
Receipt Number : 14-0130534
TRANSFER TAX NUMBER: 14-05964 LIBER: D00012790
PAGE: 865
District: Section: Block; Lot:
1000 059.00 06.00 017 .000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $40.00 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 $60.00 NO
Transfer tax $0 .00 NO Comm.pres $0.00 NO
Fees Paid $150.20
TRANSFER TAX NUMBER: 14-05964
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
0F2�
RECORDED
Number of pages ::014 Oct 02 11:35:23 APl
JUDITH A. PASCALE
CLERI•'-. OF
This document will be public SUFFOLK COUNTY
record.Please remove all L D00012790
Social Security Numbers P 855_ r,T# 14-05954
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee Mortgage Amt.
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
or
EA-5217(County) _ Sub Total Spec./Add.
EA-5217(State) _ TOT.MTG.TAX
R.P.T.S.A. _ 0 Dual Town Dual County _
Held for Appointmen
C fEd. 5. 00 Transfer Tax
+ Mansion Tax
ertified Copy IN The property covered by this mortgage is
or will be improved by a one or two
c arge is. 00 family dwelling only.
—' Sub Total
Other YES ar NQ
Grand Total If NO,see appropriate to clause on
page# oft
4
2804823 1000 05900 0600017000 )/ , C,)Cp 5 Community PreseationFund
Real FTS
IIIIII1�1�lI�I1 Consideration Amount$ 4Tax; 11111 Jill
Jill Jill 1111111111111
r 02-0CT-1 CPF Tax Due
Vrei
------ — — Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: AJ/acant Land
/1/a.r��T/rrn D. fS1/? TO
7"0 wr crp
TD
TD
Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcountyny.gov/clerk
Title#
8 Suffolk County Recording &_(Endorsement Page
This page forms pan of the attached �//6t VI r L rQ;r2a%Q ��'�—made
by: (SPECIFY TYPE OF INSTRUME
The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
GRANT OF DRAINAGE EASEMENT
THIS indenture made this q day of 2013, by and between
Edward and Diane Dal'V 8265 Sound View Avenue, Southold, Suffolk County, New
York (the "Grantor" ) and the Town of Southold, a municipal corporation of the State of
New York, having its offices at 53095 Main Road, Town of Southold, Suffolk County,
New York (the "Grantee").
WHEREAS, the Grantor is the owner of a certain parcel of land containing .66
acres, more or less, of land identified'by Suffolk County Tax Map #1000-59-6-17;
located on the northwestern side of Sound View Avenue in the Hamlet of Southold,
Town of Southold, Suffolk County, New York;
WHEREAS, the Grantee, for drainage purposes proposes to construct, install,
maintain, and repair certain drainage features to provide drainage for road runoff from
Sound View Avenue;
WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a
portion of Grantor's land as depicted on the site plan attached hereto;
NOW THEREFORE, IN CONSIDERATION OF Ten Dollars ($10.00) and
other good and valuable consideration paid by the Grantee to the Grantor, the receipt of
which is hereby acknowledged, this agreement witnesseth that:
1 The Grantor does hereby donate, grant, transfer and convey to the Town
of Southold, a drainage easement in gross, of the nature, character and to the extent
hereinafter set forth, over and upon a portion of the premises depicted on Schedule A.
2. The nature, character and extent of the Easement hereby granted are as
follows:
(a) The right of the Grantee to enter upon the premises at all
reasonable times:
(i) To install, create and maintain a culvert and/or piping on the
premises and to repair, replace or remove same as needed
for the effective drainage of road runoff from Sound View
Avenue. This area is within the unused right-of-way on
Grantor's southwesterly property line depicted on Schedule
A from Sound View Avenue to Great Pond. The easement
area for the subsurface culvert and/or piping is limited to an
area that is 12.5 feet in width from the Grantor's
southwesterly property line.
(ii) To perform such grading, excavation and the installation of
such facilities as shall be required for the construction,
operation, repair, replacement and maintenance of said
culvert and/or piping for the collection of road runoff waters.
The Grantee shall perform all excavation by hand and shall
leave existing vegetation in place to the greatest extent
practicable.
(b) The right of Grantee to enter upon the premises at all reasonable
times to access the underground drainage features installed and
constructed under the terms of this Easement. Said Easement for
access is limited to the 12.5 foot area measured from Grantor's
southwesterly property line.
3. The Grantor reserves the right to the use and enjoyment of the Grantor's
premises to the fullest extent possible without unreasonable interference by the Grantee
in the exercise of the Grantee's rights granted herein. Grantee's acts shall not inhibit
-2-
any access other than on a temporary basis to install and replace the culvert and/or
pipes.
Grantee further agrees to pay all reasonable damages to the premises of the
Grantor sustained as a result of the construction, maintenance and/or operation of the
Drainage Easement thereon by the Grantee and shall be obligated to restore the
affected area in a timely fashion to the condition prior to the damage.
4. The Grantee further agrees to obtain all necessary permits from all
governmental agencies necessary to carry out the operations contemplated by this
Easement. Grantee agrees to construct no fences, walls or other obstructions as part of
this project.
5. This Easement shall be deemed a "minor utility easement" and the
Grantor agrees that the easement area shall be included in the lot area (buildable area)
and that the setbacks for the principal structure shall be measured from the property line
and not the easement area.
6. This Easement and rights granted herein shall run with the land and be
binding upon the parties hereto and their respective successors and assigns.
7. Grantee shall indemnify and hold harmless Grantor against all liability
associated with its own acts or omissions in connection with the use of the premises.
8. The terms of this Easement may not be changed orally, and this writing
constitutes the entire agreement of the parties. Each party represents to the other that
no representations have been made or relied upon by or to either party except those set
forth herein.
9. If any term of this Easement shall be determined by a court of competent
jurisdiction to be unlawful, null or void, all other terms shall remain in full force and
effect.
10. Grantor represents to Grantee that the execution of this Drainage
Easement does not violate any covenant, regulatory restriction, court order or
agreement to which its lot may be subject, and that the undersigned is the sole owner of
the lot and possessed of full authority to execute same.
-3-
11. This Easement shall be perpetual unless, by judicial decree or
determination or by written agreement of all parties, the beneficial use of the Easement
or either of them shall cease by operation of law or otherwise.
IN WITNESS WHEREOF, the parties hereto have executed this Drainage
Easement the day and year first above written.
Edward Dality U
I -
Diane Dale 0
TOWN OF S THOLD
By: doeg��
S Z� ell, Supervisor
tt A. Russ
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
-K
On this 9 day of%Go.5—f in the year 2013, before me personally
appeared Edward DaVknown 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.
—�5�
Notary P �Ic
THOMM P.JAFFA
NOWY PO of Now Yrk
STATE OF NEW YORK) NaNo.48MM o
ere
Nassauuly Cou
ss.: &Explres J 7, nty
COUNTY OF SUFFOLK)
On this 9 day of POGuST- -, in the year 2013, before me personally
appeared Diane DaIVVknown 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.
Notary 1?6blicN�
ft"INOMAS P JAFFA
'C, P.
of56 Now York
4- * NO-46659
11fled In Nassau cou
E*r9s Jury7,2WP
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On this t—day of 52,Wm�, in the year 2013, before me personally appeared
Scott A. Russell, 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.
("'Ya I
Notary Public
LAUREN M.STANDIS14
,Mir State Of t4w
"Dwy No.OISTV"G16400
aueow tn St&%Wr.IAkW&
SCHEDULE A - LEGAL DESCRIPTION
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Town of Southold,
County of Suffolk and State of New York, more particularly bounded and
described as follows:
BEGINNING at a point on the northwesterly side of Sound View Avenue at
the southeasterly corner of the premises herein described and which point of
beginning is distant 196.5 feet southwesterly as measured along the
northwesterly side of Sound View Avenue from the westerly boundary line of land
now or formerly of John Charnews on a courses running south 42 degrees 14
minutes 10 seconds West;
RUNNING THENCE along the northwesterly line of Sound View Avenue,
South 42 degrees 14 minutes 10 seconds West, a distance of 100 feet to the
northeasterly line of land now or formerly of John Schneider and Rosemary J.
Schneider;
RUNNING THENCE North 42 degrees 42 minutes 20 seconds West a
distance of 305.37 feet to Great Pond;
RUNNING THENCE along Great Pond North 30 degrees 50 minutes 47
seconds East, a distance of 103.86 feet to land now or formerly of Currie;
RUNNING THENCE along land now or formerly of Currie, South 42
degrees 42 minutes 20 seconds East, a distance of 325.96 feet to the
northwesterly side of Sound View Avenue at the point or place of BEGINNING.
Suffolk County Tax Map No.: District 1000, Section 059.00, Block 06.00,
p/o Lot 017.000