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Home My WebLink AboutL 12813 P 867SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT, Recorded: 04/15/2015 Number of Pages: 8 At: 01:31:30 PM Receipt Number : 15-0049820 TRANSFER TAX NUMBER: 14-22999 LIBER: D00012813 PAGE: 867 District: Section: Block: Lot: 1000 108.00 03.00 005.005 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 $5.00 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: 14-22999 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A: PASCALE County Clerk, Suffolk County Number of This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2015 'tor 15 01:31:30 Flo JUDITH R. PASCALE CLERK OF SUFFOLK COUNTY L D00012813 P 86, DT# 14-22999 Deed / Mortgage Instrument Deed / Mr -gage Tax Stamp R&ording / N'iiing Stamps 3 � FEES r Page /Filing Fee MMortg � age.Amt-- ' . Basic i'az Handling 20. 00 a,; _. _ ,, 2. hc.. tnal Tax TP -584 _5 Sub Iotul Notation Spec./Assit. rn / or EA -52 17 (County) Sub Total Spec. /Add. _•_.,__ EA -5217 (State) TOT. MT6. TAX R.P.T.S.A. Dual icj;x n Dual County Held far Appoint Comm. of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax The prcperty covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 YO family dwelling only. Sub Total _ YES or NO Other CC Grand Total If NO, sea appropriate tax clause on page # of this instrumeDl- 4 1 Dist.? Q`�IO 005 2911008 Real PropeServi P T Tax Servi R LPA A �IIIIIIII IIIIIIIIIIIII�IIIII IIIIII�IIIIII Agency 15 -APR -1 Verifrcati, 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: William C. Goggins,Esq. P.O. Box 65 Mattituck, New York 11952 5 I Community ]Preservation Consideration Amount $ y CPF Tax Due $ lmprr vc:d _ v Va.;ant Laud TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 1 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk Title # 8 Suffolk County ` Recording & Endorsement PaLye This page forms part of the attached EASEMENT JONATHAN M. SHIPMAN7 (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: b TO In the TOWN of Southold JOSEPH SHIPMAN- In the VILLAGE CATHLEEN SHIPMAN or HAMLET of Mattituck BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. iz.o,w..io,oet� (over) District Secton Block Lot 1000 10800 0300 005005..Pbz� 1000 10800 0300 005044-plo Stat ID: 1 2911008 Tax Maps School District MATTITUCK-CUTCHOGUE MATTITUCK-CUTCHOGUE p S R LPA A 15 -APR -15 EASEMENT AGREEMENT AGREEMENT, made this �� day of March, 2015, between Jonathan M. Shipman residing at 4745 Elijah's Lane, Mattituck, New York 11952, hereinafter referred to as the Servient Tenement, and Joseph Shipman and Cathleen Shipman, both residing at 985 Elijah's Lane, Mattituck, New York 11952, hereinafter referred to as the Dominant Tenement. WHEREAS Servient Tenant is the owner of 20685 Main Road, Mattituck, New York and further described as SCTM No. 1000-108.00- 03.00-005.005 containing an area of .94 acres, described at Schedule A attached hereto and made a part hereof; WHEREAS Dominant Tenement is the owner of a certain farm described as SCTM No. 1000-108.00-03.00-005.044, containing 9.427 acres, described at Schedule B attached hereto and made a part hereof; WHEREAS, the parties desire to enter into an easement agreement whereby Servient Tenement shall provide an easement to Dominant Tenement for the purpose of accessing Dominant Tenement's aforesaid property from the Main Road also known as Route 25; NOW, THEREFORE, in consideration of ten {$10.00} dollars and other valuable consideration paid by the Dominant Tenement and received by Servient Tenement, the parties agree as follows: 1. EASEMENT- The Servient Tenement his heirs, successors, and assigns hereby grant a right of way easement to Dominant Tenement, their heirs, successors and assigns permitting egress and ingress for vehicular traffic, pedestrian traffic and utilities from the Main Road also known as Route 25. to the Dominant Tenements property. No gates or fences shall be erected across the south and north side of the easement by the Servient Owner without the permission of the Dominant Owner. 2. TERM- The term of this easement shall run with the land unless the owners of the respective properties subject to this easement enter into an agreement in writing as set forth herein. 3. DESCRIPTION OF THE EASEMENT- The easement is described at schedule A and further depicted on a certain survey of John C. Ehlers Land Surveyor last updated February 11, 2015, which is attached hereto and made a part hereof as Schedule C. 4. MAINTENANCE: The Dominant Owner shall be solely responsible to maintain the easement. 5. LEGAL REPRESENTATION: Each party acknowledges and represents that they have been fully and independently advised by legal counsel of their own choosing or that they have had the opportunity to do so, and further represent that they understand the nature and terms, of the within agreement and are executing same freely and voluntarily and without any force or coercion on the part of any person. William C. Goggins, Esc}. represented Joseph Shipman and Cathleen Shipman in the preparation of this document. 5. MODIFICATION: This agreement nor any provision hereof may be amended or modified except by an agreement in writing duly subscribed and acknowledged with the same formality as this agreement. Any waiver by either party of any provision of this agreement or any right hereunder shall not constitute or be deemed a continuing waiver and shall not prevent or stop such party from thereafter enforcing such right, and the failure or either party to insist in any one or more instance upon the strict performance of any of the provisions of this agreement by the other party shall not be construed as a waiver or relinquishment for the future of such provision, by the same shall continue in full force and effect. 6. ENTIRE UNDERSTANDING: This Agreement contains the entire understanding of the parties who hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set of the herein. Neither party is relying on any other representations, except the terms actually set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. NATHAN M. S PMAN .0� I .CuL.� M t� !fir IN UV r4AJ STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) On the d-744day of March in the year 2015 before me, the undersigned, personally appeared Joseph Shipman and Cathleen Shipman personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose names(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 th'e nstrumen NOTARY PUB IC STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) aWAM C. GOGGINS Notary Public, State of New fork No. 4963689. Suffolk Court ?01,j Commission Expires March 12. On the 2+1 t�' day of March, in the year 2015 before me, the undersigned, personally appeared Jonathan M. Shipman personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose names(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. I NOTARY PIOBI14C MWAM C. GOGGINS Notary Public, State of New York No. 4963689. Suffolk County Commission Expires March 12. L SCHEDULE A Easement Description All that certain plot, piece, or parcel of land, situate, lying and being in the hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, known and designated as Lot 1 on a certain map entitled, "Map of Greenbriar Acres" and filed in the Office of the Clerk of the County of Suffolk on October 7, 1977 under map no. 6609, and further described as follows: BEGINNING at a point a distance of 500 feet easterly along the Main Road from the northeasterly intersection of Elijah's Lane and Main Road; RUNNING THENCE North 04 degrees 34 minutes 10 seconds east a distance of 200 feet to a point; THENCE South 85 Degrees 25 Minutes 50 Seconds East a distance of 30 feet to a point; THENCE South 04 degrees 34 minutes 10 seconds west a distance of 200 feet to a point; THENCE North 85 degrees 25 minutes 50 seconds west a distance of 30 feet to a monument and the point or place of BEGINNING. Schedule B ALY. THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT MATTITUCK, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWSs BEGINNING AT A POINT AT THE NORTHEASTERLY CORNER OF LOT NO. 5, GREENBRIAR ACRES, SUFFOLK COUNTY, FILE NO. 6609, WHICH POINT IS ALSO THE NORTHWESTERLY CORNER OF THE PREMISES HEREINAFTER DESCRIBED; RUNNING THENCE FROM SAID POINT OF BEGINNING, RUNNING ALONG LOTS NUMBERED 5, 4, 3 AND 2, GREENBRIAR ACRES, SUFFOLK COUNTY FILE H0. 6609, SOUTH 25 DEGREES 11 MINUTES 20 SECONDS EAST 754.72 FEET TO A POINT NOW OR FORMERLY OF EDWARDS SANDBERG; THENCE CONTINUING ALONG LAST MENTIONED LAND SOUTH 64 DEGREES 48 MINUTES 40 SECONDS WEST 13.00 FEET; THENCE CONTINUING ALONG LAST MENTIONED LAND SOUTH 25 DEGREES 11 MINUTES 20 SECONDS WEST 33.98 FEET; THENCE CONTINUING ALONG LAST MENTIONED LAND, AND ALONG LAND NOW OR FORMERLY OF MARTIN CARRELL, SOUTH 85 DEGREES 25 MINUTES 50 SECONDS EAST 528.41 FEET TO THE EASTERLY LINE OF LOT NO. I GREENBRIAR ACRES, SUFFOLK COUNTY FILE NO. 6609; THENCE ALONG EASTERLY LINE OF THE LAND HEREIN DESCRIBED NORTH 26 DEGREES 19 MINUTES 20 SECONDS WEST, 1085.04 FEET TO OTHER LAND OF GREENBRIAR ACRES; THENCE ALONG SAID LAST MENTIONED LANDS THE FOLLOWING THREE COURSES AND DISTANCES TO WITS 1. SOUTH 63 DEGREES 40 MINUTES 40 SECONDS WEST 299.29 FEET; 2. SOUTH 25 DEGREES 11 MINUTES 40 SECONDS EAST 25.52 FEET; AND 3. SOUTH 63 DEGREES 40 MINUTES 40 SECONDS WEST 125.00 FEET TO THE POINT OR PLACE' OF BEGINNING. TOGETHER WITH AND SUBJECT TO A NON—EXCLUSIVE 50 FOOT RIGHT OF WAY IN COMMON WITH OTHERS FROM THE WITHIN PREMISES•TO ELIJAH'S LANE AS SAID RIGHT OF WAY IS DEPICTED ON A CERTAIN MINOR SUBDIVISION MAP PREPARED BY YOUNG & YOUNG, LAND SURVEYORS UNDER NUMBER 82-12 DATED 1/28/82 AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THE NORTHEASTERLY CORNER OF LOT NO. 5, GREENBRIAR ACRES, SUFFOLK COUNTY FILE NO. 6609, WHICH POINT IS ALSO THE NORTHWESTERLY CORNER OF THE PREMISES HEREINAFTER DESCRIBED] RUNNING THENCE FROM SAID POINT OF BEGINNING RUNNING THE FOLLOWING TWO COURSES AND DISTANCES, TO WITS 1. SOUTH 63 DEGREES 40 MINUTES 40 SECONDS WEST, 188.54 FEET; 2. WESTERLY ON A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A DISTANCE OF 38.78 FEET TO THE► EASTERLY SIDE OF ELIJAH'S LANE; THENCE ALONG THE EASTERLY SIDE OF ELIJAH'S LANE, NORTH 25 DEGREES 11 MINUTES 20 SECONDS WEST 100.02 FEET; THENCE WESTERLY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET A DISTANCE OF 39.76 FEET TO A POINT; THENCE ALONG THE SOUTHERLY LINE OF LOT NO. 6 THE FOLLOWING TWO COURSES AND DISTANCES: 1. NORTH 63 DEGREES 40 MINUTES 40 SECONDS EAST 312.55 FEET; AND 2. SOUTH 25 DEGREES 11 MINUTES 20 SECONDS EAST 50.01 FEET TO LAND HEREINAFTER DESCRIBED; THENCE ALONG SAID LAST MENTIONED LAND, SOUTH 63 DEGREES 40 MINUTES 40 SECONDS WEST 125.00 FEET TO THE POINT OR PLACE OF BEGINNING. Schedule C w Cn W �� LLt 40- ----------- o - - - - - - - - - - rip 00-00Z �Jvl W �� LLt