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HomeMy WebLinkAboutL 12644 P 927SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 12/03/2010 Number of Pages: 10 At: 10:09:02 AM Receipt Number : 10-0140389 Handling $20.00 TRANSFER TAX NUMBER: 10-09374 LIBER: D00012644 NO NYS SRCHG PAGE: 927 District: Section: Block: Lot: Notation 1000 130.00 01.00 010.000 $0.00 EXAMINED AND CHARGED AS FOLLOWS $30.00 Deed Amount: $22,500.00 $90.00 NO Received the Following Fees For Above Instrument JUDITH A. PASCALE County Clerk, Suffolk County 1 Exempt Exempt Page/Filing $50.00 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 $30.00 NO Transfer tax $90.00 NO Comm.Pres $0.00 NO Fees Paid $215.00 TRANSFER TAX NUMBER: 10-09374 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 1010 Dec O-3 10:09:02 AM JIDITH G. PASCALE CLERK OF SUFFOLK COUNTY L DO 012644 P 927 DT# 10-09374 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 1 FEES Page/ Filing Fee Handling TP -584 Notation EA -52 17 (County) EA -5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy NYS Surcharge Other 5. 00 Sub Total 10 / 5. 00 15. 00 Sub Total - Grand Total 4 gist. 1000 13000 0100 010000 ,000 Real Propen P T S Tax Service R POL A Agency 02 -DEC -1 Verification 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: OSBORNE & MCGOWAN, P.C. PO BOX 5011 EAST HAMPTON, NY 11937 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT, MTG. TAX Dual Town Dual County Held for Appoint Transfer lax 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 page # of this instrument. Community Preservation Fund Consideration Amount $ «,ow.vu ICPR Tax Due $ 0.00 Improved X Vacant Land TD 10 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 1 Title Company Information 310 Center Drive, Riverhead, NY 11401 Co. Name BRIDGE ABSTRACT LLC www.suffolkcountyny.gov/clerk Title # BRG#10-509 13 Suffolk County Recording & Endorsement Page This page forms part of the attached EASEMENT made by: (SPECIFY TYPE OF INSTRUMENT) NEW YORK STATE OFFICE OF GENERAL The premises herein is situated in SERVICES SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOI JTHOI.n 1.ATIMP.R I.IGHTHOI iSR 1.1.0 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 THIS INDENTURE made this V 1 day of DC T v6e✓ �'A � , 2010, made by THE PEOPLE OF THE STATE OF NEW YORK acting by and through the Acting Commissioner of General Services, having its office and place of business at Mayor Erastus Corning 2nd Tower, The Governor Nelson A. Rockefeller Empire State Plaza, Albany, New York 12242, hereinafter referred to as the "Grantor," and the Latimer Lighthouse LLC, having an office and place of business at 203 E 73`d Street 3W, New York, New York 10021-1355, hereinafter referred to as the "Grantee;" WITNESSETH, that the Grantor, pursuant to Article 6, Section 75 of the Public Lands Law and Findings of the Acting Commissioner dated Oct, -ha v R- , 2010 and in consideration of the sum of Twenty Two Thousand Five Hundred Dollars ($22,500.00) lawful money of the United States of America, paid by the Grantee and upon the terms and conditions hereinafter expressed, does hereby give and grant unto the Grantee and the successors and assigns of the Grantee, the right, privilege and easement for the use and maintenance of the Latimer Reef Light Station, hereinafter referred to as the "structures and/or improvements," on the parcel of land hereinafter described: ALL that tract or parcel of land now or formerly under the waters of the Fisher's Island Sound, in the Town of Southold, County of Suffolk, State of New York, and generally described as follows: 8.83 acres of submerged land, being embraced within a circle seven hundred feet in diameter the center of which shall be the spindle now marking the said site of Latimer's Reef, located approximately one mile northwest of East Point on Fisher's Island Sound, Suffolk County, New York, 06390. (Latitude 41'18'18" Longitude 071056'00"). The Latimer's Reef is commonly known as the "Latimer Reef Light Station" GSA Control No. (GSA 1 -U -NY - 0901). This grant of easement is for a term of twenty five (25) years from the date hereof unless sooner terminated as hereinafter provided, and is made and accepted subject to the following covenants, terms and conditions: r �E &111,6/7- 4 7-rAcs1cb I . If the structures and/or improvements shall not have been used and maintained in accordance with applicable State and federal law and regulations, including but not limited to the National Historic Lighthouse Preservation Act, then this easement may, at the option of the Grantor, cease and determine and all the rights of the Grantee shall terminate sixty (60) days after receipt by Grantee of notice of such termination, sent by certified mail, return receipt requested to Grantee at the address hereinabove set forth. 2. The Grantee shall be liable for and shall pay all damages that may arise or occur to the Grantor and shall save the Grantor harmless from all claims for damages in consequence of the use and maintenance of the said structures and/or improvements or by reason of any work done or authorized by or under this grant of easement by or on behalf of Grantee, and, at the expense of the Grantee, will defend all suits brought on account thereof. 3. The easement hereby granted shall not be assigned or transferred without the written consent of the Commissioner of General Services, which shall not be unreasonably withheld. 4. The easement hereby granted is intended to affect only the right, title and interest of the Grantor in the aforedescribed parcel of land. S. This grant ofeasement shall not affect the title of the Grantor to any lands under water contiguous to the aforesaid structures and/or improvements and any additions and/or improvements outside of the area of the easement granted shall be the property of the Grantor and shall be considered for all purposes as land under water. The word "Grantee" shall be construed as if read "Grantees" whenever the sense of this Indenture so requires. The use of the neuter pronoun in any reference to "Grantee" shall be construed to include any individual "Grantee," and the word "successors" shall be construed as if read "heirs" whenever the sense of this Indenture so requires. All the covenants, terms and conditions in this Indenture shall inure to the benefit of and be binding upon the executors, administrators, successors and assigns of the respective parties hereto, the same as if they were in every case named and expressed. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed by its duly authorized representative on the day and year first above written. I'M THE PEOPLE OF THE STATE OF NEW YORK By- c.Ky Carla Chiaro Acting Commissioner of General Services STATE OF NEW YORK } SS.: COUNTY OF ALBANY } On the 8yl�day of C t' �O b e✓ , in the year 2010, before me, the undersigned, personally appeared Carla Chiaro, personally known to me or proved to me on the basis of satisfactory evidence to be the 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. Notary Public, tate of Ne York Qualif ed n:.QoWity.of: My C ` mission Expires TH7,jAS A P0M. Howy Pift $;e8 d !X Y6dl AppoaMad h SVz r�' y���3 a Approved as to form this S day of 0%TV60G�' , 2010 ANDREW M. CUO Attorney General, &115; 149~Z� IN QUITCLAIM DEED KNOW ALL BY THESE PRESENTS, that the UNITED STATES OF AMERICA, acting by and through the ADMINISTRATOR OF GENERAL SERVICES, under and pursuant to the powers and authority contained in the provisions of the National Historic Lighthouse Preservation Act of 2000 (16 U.S.C. 470w-7), an amendment to the National Historic Preservation Act of 1966 (the "NHLPA"), having an address of General Services Administration, New England Region, Thomas P. O'Neill, Jr. Federal Building, 10 Causeway Street, Boston, Massachusetts 02222 (the "Grantor"), for and in consideration of TWO HUNDRED AND TWENTY FIVE THOUSAND DOLLARS ($225,000.00) does hereby GRANT, GIVE, REMISE, AND RELEASE, without covenants, warranties or representations of any kind or nature, express or implied, unto Latimer Lighthouse, LLC (the "Grantee"), having an address of 203 E 73`d Street 3W, New York, New York, 10021-1355, all such right, title and interest as Grantor has in and to that certain Government-owned personal property, occupying approximately 8.83 acres of submerged land, being embraced within a circle seven hundred feet in diameter the center of which shall be the spindle now marking the said site of Latimer's Reef, located approximately one mile northwest of East Point on Fisher's Island Sound, Suffolk County, New York, 06390. (Latitude 41'18'18" Longitude 071'56'00"). The Latimer's Reef is commonly known as the "Latimer Reef Light Station" GSA Control No. (GSA 1 -U -NY -0901), being more fully described as follows: The Latimer Reef Light Station is a 46 -foot tall, four (4) story cast iron and brick "spark -plug style" light tower with a one (1) story watch room and decagonal lantern. The exterior is painted white with a reddish brown stripe around the third story. The foundation materials are cast iron and concrete caisson supported and protective by band of riprap, which encircles the foundation and extends northward approximately 50 feet. The site includes the remnant of a masonry stone dock, a steel catwalk ladder and stairs (the "Light Station" or the "Property"). The Light Station is conveyed subject to the covenants, conditions and restrictions hereinafter contained, as set forth in the NHLPA. No submerged lands are conveyed under this Deed. Grantee is responsible for obtaining and maintaining an easement from the State of New York to allow for the legal occupancy of the public submerged lands on which the Light Station is constructed. ("Exhibit A" NYS Control No. OGS LUW01498) The Light Station is conveyed subject to any and all existing reservations, easements, restrictions, covenants, and rights, recorded or unrecorded, including but not limited to, any easements, reservations, rights and covenants described herein; any state of facts that would be disclosed by a physical examination of the Light Station; any state of facts that an accurate and adequate survey of the Light Station would disclose; and any and all other matters of record. CONDITION OF PROPERTY. The Grantee, in accepting this Quitclaim Deed, acknowledges and attests that it has been given the opportunity to inspect, is aware of, and accepts the condition and state of repair of the Property. It is understood and agreed that the Property is conveyed `as is' and `where is' without any representation, warranty or guarantee of any kind or nature, express or implied, including, without limitation, any representation, warranty or guarantee as to quantity, quality, character, condition, size or kind, or that the same is in any particular condition or fit to be used for any particular purpose. The Grantee, in accepting this Quitclaim Deed, acknowledges that the Grantor has made no representation or warranty concerning the condition or state of repair of the Property that has not been fully set forth in this Quitclaim Deed. NOTICE OF LEAD-BASED PAINT FOR REAL PROPERTY CONSTRUCTED PRIOR TO 1978. The Property contains no improvements defined by Title X as "target housing." However, in the event that the Property is converted to residential use, the Grantee covenants and agrees that in its use and occupancy of such Property, it will comply with all applicable Federal, State and local laws relating to lead-based paint; and that the United States assumes no liability for damages for property damage, personal injury, illness, disability, or death to Grantee, its successors or assigns, or to any other person, including members of the general public arising from or incidental to the purchase, transportation, removal, handling, use, disposition or other activity causing or leading to contact of any kind whatsoever with lead-based paint on the Property described in this Deed, whether Grantee and its successors or assigns have properly warned or failed properly to warn the individual(s) injured. Grantee further agrees to indemnify, defend and hold harmless the United States of America from any and all loss, judgment, claims, demands, expenses or damages of whatever nature which might arise or be made against the United States of America due to or relating to the presence of lead-based paint hazards on the Property, any related abatement activities or the disposal of any material from the abatement process. NOTICE OF THE PRESENCE OF ASBESTOS. The Grantee, by acceptance of this Deed, acknowledges that it has been informed that the Property contains asbestos - containing materials. Grantee, by acceptance of this deed, acknowledges that it accepts the transfer and Deed subject to the terms and conditions contained herein: a) The Grantee is warned that the Property contains asbestos -containing materials. Asbestos is a hazardous material. Unprotected or unregulated exposures to asbestos in product manufacturing, shipyard, and building construction workplaces have been associated with asbestos-related diseases. Both the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) regulate asbestos because of the potential hazards associated with exposure to airborne asbestos fibers. Both OSHA and EPA have determined that such exposure increases the risk of asbestos-related diseases, which include certain cancers and which can result in disability or death. b) The Grantee is deemed to have relied solely on its own judgment in assessing the overall condition of all or any portion of the Property including, without limitation, any asbestos hazards or concerns. c) No warranties, express or implied, are given with regard to the condition of the Property including, without limitation, whether the Property does or does not contain asbestos or is or is not safe for a particular purpose. The failure of the Grantee to have inspected or to be fully informed as to the condition of all or any portion of the Property shall not constitute grounds for any claim or demand against the Government. d) The description of the Propdrty as `set forth above and any other information provided to the Grantee with respect to the Property was based on the best information available to the General Services Administration's Real Property Utilization & Disposal Division and is believed to be correct, but any error or omission shall not constitute grounds or reason for any claim by Grantee against the Government, including, without limitation, any claim for allowance, refund or deduction from the purchase price for such Property. e) The Government assumes no liability for damages for personal injury, illness, disability or death to Grantee or to Grantee's successors, assigns, employees, invitees, licensees, or any other person subject to Grantee's control or direction, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with asbestos on the Property which is the subject of this sale, whether the Grantee, its successors or assigns has or have properly warned or failed properly warn the individual(s) injured. f) The Grantee further agrees by acceptance of the Deed to the Property that, in its use and occupancy of the Property, it will comply with all Federal, State, and local laws, ordinances, orders and regulations relating to asbestos. AIDS TO NAVIGATION (ATON). The Department of Homeland Security United States Coast Guard ("USCG") is the Federal agency responsible for operating and maintaining any Federal aids to navigation (ATON) or associated equipment as that term is•defined by paragraph (e)(4) of section 308 of the NHLPA. The Federal aids to navigation or associated equipment in operation as of this date or installed at any time shall remain the personal property of the USCG and shall continue to be operated and maintained by the USCG for as long as needed for navigational purposes at the Property. The Grantee acknowledges and agrees that it is accepting ownership subject to the rights of the USCG or its successor entity to install, operate and maintain active aids to navigation. In furtherance of its right to continue such function, -the USCG hereby expressly reserves perpetual and assignable the following rights: (1) The unrestricted right of the USCG to keep, locate, service, maintain, operate, install, repair and replace aids to navigation and any and all associated equipment at the Property. (2) The unrestricted right to relocate or add any aids to navigation and any and all associated equipment, or make changes on any portion of the Property as may be necessary for navigational purposes at the Property or in the service or any regional aids to navigation. (3) A right of access to, over and across the Property in favor of the USCG for the purpose of servicing, maintaining, locating, operating, repairing and replacing all navigational aids and any and all associated equipment at the Property. The USCG shall have the right to enter the Property at any time for the purpose of maintaining the navigational aids and performing the other functions contemplated herein. Upon completion of the servicing, maintaining, operating, repairing and replacing of navigational aids and any associated equipment, the Property shall, at the sole cost of the USCG or its successor entity, subject to the availability of appropriated funds, be left as nearly as reasonably possible in the same condition as before any such work began. (4) The right of the USCG for the purpose of preserving and maintaining the arc of visibility of the beacon within the Property as follows: nothing will be constructed, maintained or permitted of a height exceeding 40 feet on a plane emanating from the center of the Property 360 degrees. (5) The Grantee may not interfere with or allow interference in any manner with any navigational aids or associated equipment in use at the Property without express written permission from the USCG. (6) The right of the USCG to utilize the fog signal horn at any time and in any manner it deems necessary. HISTORIC PRESERVATION COVENANTS. The Property is listed on the National Register of Historic Places. The Grantee, in accepting this Quitclaim Deed, acknowledges and accepts the following historic preservation covenants: (1) Grantee shall maintain and preserve the Property in accordance with the recommended approaches in The Secretary of the Interior's Standards for Treatment of Historic Properties, Standards for Preservation (Technical Preservation Services for Historic Buildings, National Park Service) in order to preserve and enhance the distinctive materials, features and spaces that make the Property eligible for inclusion in the National Register of Historic Places. (2) When rehabilitation is the appropriate treatment, Grantee shall rehabilitate the Property in accordance with the recommended approaches in The Secretary of the Interior's Standards for Treatment of Historic Properties, Standards for Rehabilitation (Technical Preservation Services for Historic Buildings, National Park Service). Rehabilitation is appropriate when repair and replacement of deteriorated features is necessary or when alteration or additions to the property are planned. (3) Distinctive materials, features, finishes, construction techniques and examples of craftsmanship that characterize the Property shall be preserved. (4) Plans of proposed rehabilitation, construction, alteration or replacement of distinctive materials, features, finishes or spaces which would affect the appearance or structural integrity of the Property shall be reviewed and approved by the New York State Historic Preservation Officer ("SHPO") in consultation with the Secretary of the Interior for consistency with The Secretary of the Interior's Standards for Treatment of Historic Properties. (5) The SHPO shall be permitted at all times to inspect the Property in order to ascertain if the above conditions are being observed. (6) The covenants, conditions and restrictions contained herein shall be inserted by the Grantee verbatim or by express reference in any deed or other legal instrument by which it divests itself of either the title or any other lesser estate in the Property. (7) The failure of the Secretary, the Administrator or the SHPO to exercise any right or remedy granted under this instrument shall not have the effect of waiving or limiting the exercise of any other right or remedy or the use of such right or remedy at any other time. (8) The Grantee agrees that the SHPO may, at its discretion, without prior notice to the Grantee, convey and assign all or part of its rights and responsibilities herein to a third party. (9) The covenants, conditions and restrictions set forth in this Historic Preservation Covenant shall constitute a binding servitude upon the Property and shall be deemed to run with the land. All the covenants, conditions, restrictions and obligations described are binding upon the Grantee and its heirs, successors and assigns. TO HAVE AND TO HOLD the Property with all privileges and appurtenances thereunto belonging to said Grantee. IN WITNESS WHEREOF, the UNITED STATES OF AMERICA, acting by and through the Administrator of General Services has caused these presents to be duly executed for and in its name and behalf by Glenn C. Rotondo, Acting Regional Anistrat r, New England Region, General Services Administration, who has this 4 day of 2010 hereunto set his hand and seal. Witnesses: i UNITED STATES OF AMERICA Acting by and through the Administr t Gene a] Services By: GLENN C. ROTONDO Acting Regional Administrator General Services Administration New England Region, Boston, MA ACKNOWLEDGEMENT Commonwealth of Massachusetts } County of Suffolk ) ss. In Boston, in said County and State, on this ' h day of_QL, _2010 before me personally appeared Glenn C. Rotondo, Acting Regional Administrator, General Services Administration, Boston, Massachusetts, duly empowered and authorized, proved to me through satisfactory evidence of identification, which was a U.S. General Services Administration ID Card, to be the person whose name is signed on the preceding instrument and by him duly executed, to be his free act and deed. in his capacity as Regional Administrator, General Services Administration, Boston, Massachusetts. l l-tw `N. (q/-C�--c Carol H. Chirico, Notary Public My commission expires October 14, 2016 6