HomeMy WebLinkAboutL 12824 P 79SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 07/16/2015
Number of Pages: 9 At: 09:44:53 AM
Receipt Number : 15-0094215
TRANSFER TAX NUMBER: 14-30751 LIBER: D00012824
PAGE: 079
District: Section: Block: Lot:
1000 009.00 10.00 010.000
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
$45.00
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
$11.70
NO
RPT
$60.00
NO
Transfer tax
$0.00
NO
Comm.Pres
$0.00
NO
Fees Paid
$161.70
TRANSFER TAX NUMBER:
14-30751
THIS PAGE
IS A PART
OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
Numbed of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
RECORDED
2015 Jul 16 05:44:53 AM
JUDITH A. PASCALE
CLERK OF
SUFFOLK COUNTY
L D007012@24
P 079
DT# 14-30751
Deed / Mortgage Instrument I Deed / Mortgage Tax Stamp . Recording / Filing Stamps
3 FEES
Page / Filing Fee Mortgage Amt.
Handlin 20. 00 1, Basic Tax
�- 2. Additional Tax
-584 Sub Total
ot�tron Spec./Assit.
or
EA-5217(County) Sub Total Spec./Add.
EA -5217 (State) TOT. MTG. TAX
R.P.T.S.A. Dual Town Dual County
QR�al
Held for Appointment
Comm. of Ed. 5, 00Transfer Tax
Affidavit h Mansion Tax
('ified Co 0 1 ll The property covered by this mortgage is
"or will be improved by a one or two
Ni!`Y�S Surcharg 15. 00 family dwelling only.
Sub Total YES or NO
Other I 0
Grand Total tJ If NO, see appropriate tax clause on
'—� page ofthisinstrum nt.
4 1 D45'too 2960713 1000 00900 1000 01000 5 Community Preservation Fund
TaxlService� R DH A IIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIlllllllllll !� Consideration Amount $ �-
Agency 16-JUL-15 CPF Tax Due $
Verification
6 aansracrionsiuiscnarges/Releases List Property Owners Mailing Address
/7'i`i�V
�
RECORD && RETURN TO: -— J� / � � � G 0. Nit � 1J Cil -' 1 –7
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oW n 0 -c -Sp �.c f o lce'
so (, Ac> (c, A) 71- 0
Mail to: Judith A. Pascale, Suffolk County Clerk 7
310 Center Drive, Riverhead, NY 11901 Co. Name
www.suffolkcountyny.gov/clerk
Title #
8 1 Suffolk County Recording & Endorsement Page
Title
Improved ---
/ Vacant Land
/// TD
TD
TD
npany Information
This page forms part of the attached OT r Oe'r ( 14E of made
by' (SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK. `
TO In the TOWN of
In the VILLAGE `` %
or HAMLET of S � 4/7c -
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
GRANT OF SEWER EASEMENT
THIS indenture made this 17th day of June, 2015, by and between the Fishers
Island Union Free School District No. 4 with offices located at 78 Greenwood Road,
#500, Fishers Island, New York (the "Grantor") and the Town of Southold acting for and
on behalf of the Fishers Island Sewer District, with offices located at 53095 Main Road,
Southold, New York (the "Grantee").
WHEREAS, the Grantor is the owner of a certain parcel of land containing
approximately 3.5 acres of land identified b� Suffolk County Tax Map number 1000-9-
10-10; located on the comer of'Winthrop Drive and Equestrian Avenue in the Hamlet of
Fishers Island, Town of Southold, County of Suffolk, New York (hereinafter referred to
as the "Subject Property"); and
WHEREAS, the Grantee for purposes of extending the Fishers Island Sewer
Collection System proposes to construct sewer main lines and sewer manholes on the
subject property; and
WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a
portion of the Subject Property as described in Schedule A attached hereto in order to
accomplish the proposed extension of the sewer system;
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
Grantee, a Sewer Easement in gross, of the nature, character and to the extent
hereinafter set forth, over and upon a portion of the Subject Property as more
particularly described in 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 subject property at all
reasonable times to construct sewer main lines and sewer
manholes on the Subject Property for the extension of the
Fishers Island Sewer District's Sewer Collection System as
illustrated on Schedule B attached hereto. The easement area for
the subsurface sewer main lines and manholes is limited to an
area as indicated on Schedule B.
(b) 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 sewer main lines and
manholes.
(c) The right of Grantee to enter upon the Subject Property in
perpetuity, at all reasonable times, to access the sewer features
installed and constructed under the terms of this Easement for
maintenance thereof.
3. The Grantor reserves the right to the use and enjoyment of the Subject
Property to the fullest extent possible without unreasonable interference to the Grantee
in the exercise of the Grantee's rights granted herein. Grantee's acts shall not inhibit or
interfere with Grantor's access to and/or use and occupancy of the Subject Premises
other than on a temporary basis to construct and maintain the subject sewer main lines
and manholes.
4. The Grantee further agrees to pay any and all reasonable costs
associated with the construction, maintenance and/or operation of the Sewer
Easement and shall be obligated to promptly restore the affected area of the Subject
Property to the condition that existed prior to the construction including but not limited
to restoration of any improvements, trees or other vegetation that is removed and/or
cleared as part of the Grantee's installation work, unless otherwise agreed to by the
Grantor in writing.
5. The Grantee further agrees to obtain all necessary permits from all
governmental agencies necessary to cant' out the operations contemplated by this
Easement, at its sole cost and expense.
6. This Easement and the rights and obligations 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 Subject
Property.
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 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.
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.
12. This Easement shall be interpreted, construed and enforced in
accordance with and governed by the internal laws of the State of New York without
reference to the principles of conflicts of laws. Each party hereby irrevocably consents
to the exclusive jurisdiction of the courts of the Town of Southold, County of Suffolk
State of New York and of the federal courts located in the Eastern District of New York
for all purposes in connection with any action, suit or proceeding which arises out of or
relates to this Easement. To the fullest extent it may effectively do so under applicable
law, each party hereby irrevocably waives and agrees not to assert, by way of motion,
as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such
court, any objection which it may now or hereafter have to the laying of the venue of
any such action, suit or proceeding brought in any such court and any claim that any
such action, suit or proceeding brought in any such court has been brought in an
inconvenient forum.
-3-
13. This Easement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute but
one and the same instrument and shall be binding upon each of the undersigned as
fully and completely as if all had signed the same instrument.
[No further text on this page. Signature page to follow.]
IN WITNESS WHEREOF, the parties hereto have executed this Easement the
day and year first above written.
FISHERS ISLAND UNION FREE SCHOOL DISTRICT,
Grantor
By:
TOWN OF SOUTHOLD, acting for and on behalf of the
FISHERSISLA SEWER DISTRICT, Grantee
By: --- --
Scott A. Russell, Supervisor �~ ��
STATE OF NEW YORK)
) ss..
COUNTY OF SUFFOLK) Jul-,O�tislE�:§A—day of ,in the year 2015 before me personally Y p a y appeared
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, „ F P
acknowledged to me thatJ:v_Yshe executed the same inJk Slher capacity and that,by as `a-,
_hWher signature on the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrument.
otary ubllc 8 1 ; �a. -j1 r
STATE OF NEW YORK) 46) lct�o b�t3 `'''►f,l►„1►
) ss.. i4e 13-`an,
COUNTY OF SUFFOLK)
On this IL&day ofjuw, in the year 2015, 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.
MICHELLE L. TOMASIEWSKI
NOWY PUBLIC -STATE OF NEW YORK
No. O 1 T06 t 566 f i
Qualified in Suffolk County
My Commission Expires Novernbef 27, SO}E
-4-
SCHEDULE A - LEGAL DESCRIPTION
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being on Fishers Island, in the
Town of Southold, County of Suffolk and State of New York, more particularly
bounded and described as follows:
BEGINNING at a point in the Southeasterly line of Winthrop Drive, said
point being located 722.93 feet North of a point which is 4557.70 feet West of a
monument marking the United States Coast and Geodetic Survey Triangulation
Station "PROS";
Thence running South 15° 39' 00" East 136.70 feet to a point;
Thence South 620 21'00" West 21618 feet to a point in the Southwesterly
boundary of land of this Grantor;
Thence North 23" 46' 00" West 20.05 feet along said boundary to a point;
Thence North 620 21'00" East 199.22 feet to a point;
Thence North 15" 39' 00" West 116.26 to a point in said Southeasterly line
of Winthrop Drive;
Thence North 620 21'00" East 20.45 feet along said Winthrop Drive to the
point of beginning.
Suffolk County Tax Map No.: District 1000, Section 009.00, Block 10.00,
Lot 010.000
SCHEDULE B
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