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Home My WebLink AboutL 12799 P 69SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 12/08/2014 Number of Pages: 8 At: 09:38:30 AM Receipt Number : 14-0161195 TRANSFER TAX NUMBER: 14-12083 LIBER: D00012799 PAGE: 069 District: Section: Block: Lot: 1000 056.00 07.00 002.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument JUDITH A. PASCALE County Clerk, Suffolk County Exempt Exempt Page/Filing $40.00 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 $10.00 NO RPT $120.00 NO Transfer tax $0.00 NO Comm.pres $0.00 NO Fees Paid $220.00 TRANSFER TAX NUMBER: 14-12083 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages This document will be public record. Please remove all Page / Filing Fee %O --" Handling 20, 00 TP -584 Notation EA -52 17 (County) EA -5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit _ CertifiedDC.py� NYSSurcharge Other Sub Total 7 v .63 5. 00 ' • a 15. 00 Sub Total 4 1 Dist. 2643366 PL-wl Real Property R A Tax Service O"EG1 Agency Verification Grand Total i6euimmMgauM 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: M ►I I Crze e(` 1 4Q:11 o ecS LLC P'n. Guy 3' .G c_ 6op'z /VV r►gs5 RECORDED 2014 Dec W 09:38:30 RN JUDITH R. PASCALE CLERK OF SUFFOLK COUNTY L D00012799 F' 069*12 UT# 14=12033 ding / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total _ Spec./Assit. or Spec. /Add. _ TOT. MTG. TAX _ Dual Town Dual County__ Held for Appointment Transfer Tax _ Mansion Tax _ The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on -aaRe # ___ of this instrument. ! 5 1 Community Preservation Fund Consideration Amount $ _ CPF Tax Due $ Improved— Vacant mproved_Vacant Land TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 1 Title Cornvany Information 310 Center Drive, Riverhead, NY 11901 Name www.suffolkcountyny.gov/clerk T Y 81Suffolk County Recording & Endorsement Page This page forms part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) }� w I �,DVZ`}' ? f'l� �\ �P✓1 ii 6 (,The premises herein is situated in SUFFOLK COUNTY, NEW YORK. T In the TOWN of 11 coed 1 (l��i �� In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. rz.oia.. M&kk (over) 1/ ZA. P S Stat ID: 1 1141366 R LWI A 08 -DEC -14 Tax Maps District Secton Block Lot School District 1000 05600 0700 002000 GREENPORT 1000 05600 0700 004001 GREENPORT EASEMENT AGREEMENT EASEMENT AGREEMENT made and dated this �.day of November, 2014, by and between NORTH FORK LENDING, LLC, maintaining an office at c/o Bullard Law Group, LLC, 225 Old Country Road, Melville, New York 11747 ("North Fork"), and MILL CREEK PARTNERS, LLC, maintaining an office at 64300 Main Road, Southold, New York 11171 ("Mill Creek"), hereinafter referred to, collectively, as the "Parties". WHEREAS, Mill Creek is the owner of a certain parcel of land commonly known as Tax Map District 1000, Section 56, Block 7, Lot 2, located in the Town of Southold, County of Suffolk, State of New York, as more particularly described in Schedule A annexed hereto and made part hereof ("Tract I"); WHEREAS, North Fork is the owner of a certain parcel of land commonly known as Tax Map District 1000, Section 56, Block 7, Lot 4.001, located in the Town of Southold, County of Suffolk, State of New York, as more particularly described in Schedule B annexed hereto and made part hereof ("Tract 2"); WHEREAS, Tract 1 and Tract 2 are adjoining parcels of land; and WHEREAS, the parties desire to grant each other access to and from Tract 1 and Tract 2 pursuant to the terms herein. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Subject to the terms herein, Mill Creek hereby grants, bargains, sells and conveys to North Fork a non-exclusive perpetual easement and right of way, in common with Mill Creek and others entitled to use the same, over, upon and across Tract 1, for the purpose of ingress and egress of pedestrian and vehicular travel to and from Tract 2. The easement established herein shall be appurtenant to and for the benefit of North Fork. 2. Subject to the terms he North Fork hereby grants, bargains, sells and conveys to Mill Creek a non-exclusive perpetual easement and right of way, in common with North Fork and others entitled to use the same, over, upon and across Tract 2, for the purpose of (i) ingress and egress of pedestrian and vehicular travel to and from Tract 1; and (ii) the existence, use, enjoyment, repair and replacement of all driveways, site improvements, landscaping, water systems, cesspools and systems, electric power cables, telephone cables and all other utility facilities now or hereinafter located on Tract 2 or through. The easement established herein shall be appurtenant to and for the benefit of Mill Creek. 3. Any ingress to Tract 1 by the owners, occupants, guests or invitees of North Fork shall be such as not to obstruct or interfere with Mill Creek's use and occupancy of Tract 1. tAccess Easement Agreement v1/1 Likewise, any ingress to Tract 2 by the owners, occupants, guests or invitees of Mill Creek shall be such as not to obstruct or interfere with use and occupancy of Tract 2. 4. North Fork hereby further grants Mill Creek and its contractors, suppliers, employees and agents the right of access to Tract 2 in order to construct and maintain such improvements on Tract 2 which may be necessary in connection with the development of Tract 1, including, but not limited to, the right to construct common driveways, improvements, site work, landscaping and parking areas necessary to accommodate the mutual access between the parcels and the development of Tract 1. North Fork shall be responsible for the repair, upkeep and maintenance of any site improvements made on Tract 2 as well as to the driveway between Tract 1 and Tract 2 (including snow and ice removal on any driveway servicing Tract 1 and Tract 2), except to the extent repairs or maintenance is required because of the negligence, willful misconduct or misuse by North Fork or North Fork's invitees, employees, agents or contractors. S. Mill Creek shall indemnify, defend and hold North Fork harmless from any damages or liability to persons or property that might arise at any time from the exercise of by it and/or its customers, invitees, suppliers, employees, and tenants, of Mill Creek's rights under this Agreement. North Fork shall indemnify, defend and hold harmless Mill Creek from any damages or liability to persons or property that might arise at any time from the exercise of by it and/or its customers, invitees, suppliers, employees, and tenants, of North Fork's rights under this Agreement. 6. Nothing contained herein shall be used or construed as a grant of any rights to any public or governmental authority or agency. 7. If there is a failure by any party to perform, fulfill or observe any agreement contained within this Agreement to be performed, fulfilled or observed by it, continuing for thirty (30) days, or immediately in situations involving potential danger to the health or safety of persons in, on or about, or substantial deterioration of, Tract I or Tract 2 or any portion or any part thereof, in each case, after written notice, the other party may, at its election, cure such failure or breach on behalf of the defaulting party. Any amount which the party so electing shall expend for such purpose, or which shall otherwise be due by either party to the other, shall be paid to the party to whom due on demand, without contest, upon delivery of its invoice. The provisions of this paragraph shall be in all respects subject and subordinate to the lien of any mortgages or deeds of trust at any time or from time to time on the land of the defaulting party and the rights of the holder or holders of any mortgages or deeds of trust. In the event either party files a lawsuit in connection with this Agreement or any provisions contained herein, then the party that prevails in such action shall be entitled to recover from the non -prevailing party reasonable attorneys' fees and costs of court incurred in such lawsuit. 8. The grants and other provisions of this Agreement shall constitute easements and covenants running with the land for both Tract 1 and Tract 2. The grants and other provisions of this Agreement shall inure to the benefit of, and be binding upon, each party hereto, and their respective successors and assigns, including, but not limited to, all subsequent owners of Tract 1 and Tract 2 or any portion thereof and all persons claiming under them. Upon the conveyance of (Access Easement Agreement v1/j 2 r any party's interest in Tract 1 or Tract 2, such party shall be released from liability under this Agreement for any obligations arising after the date of such conveyance. 9. The terms, covenants and conditions contained in this Agreement shall run with the land and shall inure to the benefit of the owners, successors and assigns of the respective parcels described herein, and shall be binding upon the owners, successors and assigns of the respective parcels described herein, and any other person or other entity, which at any time in the future will become the owner of the said parcels of land described herein. This Agreement may not be amended or terminated without the consent of both parties hereto. 10. All notices, demands or requests made pursuant to, under or by virtue of this Agreement must be in writing and sent to the party to which the notice, demand or request is being made by either (a) certified or registered mail, return receipt requested, (b) Federal Express or other reputable overnight delivery service providing for written evidence of delivery for next business day delivery, or (c) hand delivery against written receipt, in all cases addressed as follows (or to such other address or addresses as the parties hereto may hereafter designate by notice to the other): If to Mill Creek: Mill Creek Partners, LLC P.O. 326 Cutchogue, New York 11935 If to North Fork: North Fork Lending, LLC c/o Bullard Law Group, PLLC 225 Old Country Road Melville, New York 11747 11. This Agreement contains the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter hereof. 12. The execution, interpretation and performance of this Agreement shall be governed by the laws of the State of New York, without giving effect to conflict of law or choice of law rules. 13. In connection with the transactions contemplated by this Agreement, the parties hereto agree to execute such additional documents and papers and to perform and do such additional acts and things as may be reasonably necessary and proper to effectuate and carry out the transactions contemplated by this Agreement. {Access Easement Agreement vl/} 3 IN WITNESS WHEREON, the parties have duly executed this Agreement as of the date first above written. {Access Easement Agreement vl/I NORTH,PI K I -*PING, LLC 1� .0 4 Name: iMjzs1,a -13c.. t (c Title: : John Ingrilli Member STATE OF NEW YORK ) COUNTY OF SUFFOLK On the W day of November, 2014, before me, the undersigned, personally appeared EDWARD J. BULLARD JR., personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is described to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK ;s.:s COUNTY OF 5101�4— BARRY K. HOMIGMAN Notary POW - State of Now Wk No. 02H04766397 Qualified in SOO* COUM My commission Expires May 31,6 .11 On the 'V day of November, 2014, before me, the undersigned, personally appeared JOHN INGRILLI, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is described to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument. BARRY K. MONIGMAN Public . State of New YO* No02H0476W97 il Qualified inSutIoIkC0uMV My Commission Expires May 31, 6-1-L { Access Easement Agreement/) SCHEDULE A (Tract 1) ALL IMT CMAIN PLAT, PIECE OR PAROEL OF LAND, SMIATE, LYING AND BEING ATARSHfAMOMOGUE, TOM OF SOUFNOLD, CiOUN W OF SiMLK AND STATE OF NEW YOM BOUNDED AND DEED AS FOLLOWS: BOGINNING ATA POINT ON THE SOV MERLY SIDE OF MAIN ROAD SAID POINT BEING A DISTANCE OF 451.74 FEET MEA51,lRED IN A WESTERLY DIRECTION ALONG THE SOUTHERLY SDE OF MAIN ROAD FROM THE MUM! TION FORMW BY THE WESIERLY SIRE OF OWHIN DRIVE WITH THE SOUTHERLY.SIDE OF i'✓`IAIN ROAD, SAM POWT ALSO BEING W]f N THE NORTHWES'MY +70RNiER OF LAND NOW OR FORMERLY OF REESE IWTERSECTS THE SOUTWRLY SIDE OF MAINZ ROAD; RtiNNW+S TFiM SOilfH 13° 15` Or EA61' ALONG LAND NOW OR FOltt+a"EIiLY OF REESE 6S.0 FEE`f"'I'ia A POVIT ON TK SHORE LINE OF PHONIC SAY; THENCE THE FOLLOWING THREE (3) 716 -LINE COURSES AND DISTANT: L SOUTH 720 30' 000 WEST, L77,0 FW TO A POINT; L NORTH 13° OV W WET, 117.0 FEET TO A POW; 3. NORTH 60" 57" IV WEST, 114.16 FEU TO A POINT ON THE EASTERLY LINE OF LAND NOW OR ft3t MLY OF GOLDSMITH; IHEt+10E NOR7H 10 217 304 WEST ALONG LAST MENFION5D LAND 46&00 FEET TO A POINT ON THE SOLITWLY LINE OF MAIN ROAD; THENCE THE FGLLOWING T*D (2) COURSES AND DISTANCES ALONG THE SOLPIftERLY SIDE OF MAIN Rte; L SOM W Sr OV EAST, 9IL42 FEETTO A POINT; 2. NORTH W 07 2(r EASTt OL75 FEET TO THE POINT OR KALE OF HMNNIW. (Tract 2) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Arshamomaque, Town of Southhold, County of Suffolk and State of New York, beginning at a monument set on the southerly side of Main Road at a point where the northerly comer of the premises herein described and the northeasterly comer of land now or formerly of Sledjeski intersects the said southerly side of Main Road; THENCE easterly and northeasterly along the southerly side of Main Road the following two (2) courses: 1. North 69 degrees 07 minutes 20 seconds East, 151.91 feet to a monument; 2. North 51 degrees 37 minutes 20 seconds East, 154.01 feet; THENCE southerly 760 feet along Lots 14-18 ending at the southwesterly comer of Lot I and the Peconic Bay; THENCE westerly 309 feet to the land of Sledjeski; THENCE north 13 degrees 15 minutes 00 seconds West along land of Sledjeski and thru an iron pipe 633.52 feet to a monument on the southerly side of Main Road, at the point or place of BEGINNING. Premises being known as: Dist: 1000 Section: 056.00 Block: 07.00 Lot: 004.001 ;Access Easement Agreement/)