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Home My WebLink AboutL 12826 P 903 11111111 IV 1101110111111 VIII Hill 011101111111 III 11111111111111111 liii liii SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 08/06/2015 Number of Pages: 7 At: 09:39:13 AM Receipt Number : 15-0105465 TRANSFER TAX NUMBER: 15-00454 LIBER: D00012826 PAGE: 903 District: Section: Block: Lot: 1000 010.00 07.00 013.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 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 $8.75 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $148.75 TRANSFER TAX NUMBER: 15-00454 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 RECORDED Number of pages --7.i 2015 Aug 06 09:39.13 PM JUDITH R. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record.Please remove all L 000012826 P 903 Social Security Numbers DT# 15-00454 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 I FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 • 2. Additional Tax TP-584 y(' 7. • Sub Total - Notation Spec./Assit. O or 6 EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. LC-) 11O�i Dual Town Dual County Held for Appointment Comm.of Ed. 5. 00 .:' Transfer Tax ., AI� �� Affidavit �4�, „ . +.,' Mansion Tax *'. Certifies t C p 6-1 �' The property covered by this mortgage is or will be improved by a one or two rcharge 15. 00 �: family dwelling only. Sub Total 'e YES or NO Other fti' _7 /Grand Total5 If NO, see appropriate tax clause on /_,�„ page# of this instrument. I O - (� 4 dist. 2974686 1000 01000 0700 0132P-TCv y Preservation Fund I 5 Communit RealxPrope 7 S Ill11111111111111111111111111IIlIJIConsideration Amount$ (52 Tax service R LPA /1 Agency V�y€�atio os-AUG-t CPF Tax Due 5 0 7` Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land ff 0-)4 O S 0 L�0 TD P 0- 1��> ( ('1 ? TD So c k_fho(4 NY 1 7(' 0[\' / TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.NameI,C0- www.suffolkcountyny,gov/clerk ��r/ Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached G–rel.,14 CTP- .Dr.,,, ,,,,, 2 6.,C e4–made by: (SPECIFY TYPE OF INSTRUMENT ad ` / i The premises herein is situated in Q/i• Su SQi!al. S .6 elDG�J n SUFFOLK COUNTY,NEW YORK. � TO �f�� / In the TOWN of �(.(`�0 fJ ".1-00(J 14 C S c) u ' '`r),( d In the VILLAGE or HAMLET of ‘16.."#(ems - `� ..Sla 1c1 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`\ day of J e, 2014, by and between W.L. Lyons AsBrown, Ill and Susannah S. Brown with an address at 713 Hedge Street, Fishers Island, Suffolk County, New York (the "Grantor" ) and the Town of Southold, a municipal corporation with the State of New York, with an address at 53095 Main Road, Southold, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing .16 acres, more or less, of land identified by Suffolk County Tax Map number 1000-10-07- 13; located on the east side of Hedge Street in the Hamlet of Fishers Island, Town of Southold, Suffolk County, New York; and WHEREAS, the Grantee, for drainage purposes proposes to relocate an existing outfall pipe by three (3)feet in order to prevent damage to mature pre-existing vegetation and allow for future maintenance without disturbing same; and WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a portion of Grantor's land as described in Schedule A attached hereto in order to accomplish the proposed relocation and maintenance of the subject outfall pipe; 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 Drainage Easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the premises 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 premises at all reasonable times: -1- (i) To relocate, install, create and maintain culverts, pipes, leaching pools on the premises and to repair, replace or remove same as needed for the effective drainage of road runoff from Hedge Street as illustrated on Schedule B attached hereto. The easement area for the subsurface culverts and/or pipes is limited to an area that is between 3 and 6 feet in width as indicated on Schedule B. (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 culverts, pipes, and leaching pools for the collection of highway drainage waters. (b) The right of Grantee to enter upon the premises in perpetuity at all reasonable times to access the drainage 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 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 any access other than on a temporary basis to relocate an existing outfall pipe. 4. The 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. 5. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this Easement. -2- 6. This agreement and the easements 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 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. IN WITNESS WHEREOF, the parties hereto have executed this Easement the day and year first above written. \e"\\\\\ \\N CielY\(\kA. W.L. Lyons Brown, Ill, Grantor 5Q QS2LAAV,D (SCri--irN Susanna* S. Brown, Grantor TOWN OF SOUTHOLD, Grantee BY61.ffled.4440,0 Scott A. Russell, Supervisor -3- STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) Y On this /i day of.44,14e, in the year 2014, before me personally appeared W.L. Lyons Brown, III, 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. ., •4 fi • 4 ;yrs ' Of ilt ef.' ►4 J.:'''''4.1% 'k Cgo J.Y J (7/ k • ry -ubliC .-• ' �i1/':t , � 7' . --: STATE OF NEW YORK) � /"wi . . ", .: • xar/a S. /'1-4tM . �• ;. 1;f ; J ,:r� . COUNTY OF SUFFOLK)it I 144-1 /0/ h't 6�z/ l /6 3 /``.• ✓,��` - � � • On this L day of J in the year 2014, before me personally appe/aredl A,S,Susanna.S. Brown, 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 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. ', ��,;� A/4, of Public /r f �, ';� r , Et;... C-7c:24/ic, .,-! .' ''- /`- ° / !-, /4 _S. 1,71 _064 'a:jf; 7' zzS6 �""'•f �� ' r ,, 4 STATE OF NEW YORK) D/ ��6�z 3 ,,�,�;:,,�• � ) ss.: L QuA/� eel ;� Sud / �Cy ;` 4.-'..:-)rik* SUFFOLK Gy, ';,- f` COUNTY OF ) �- 1, •;,- ,4'•.',2". � '; i-- �C,� On this y day of Jane, in the year-2& 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. c5i 0.4 Lt 0L , - nI Notary Public LAUREN M.STANDISH Nai01ST6164008New York '4- �isxsion In Suffolk ExpiresApri19,County019 fi, a„ofFike„ . SCOTT A. RUSSELL q� �� ` JAMES A. RICHTER, R.A. SUPERVISOR MICHAEL M. COLLINS, P.E. cia TOWN HALL - 53095 MAIN ROAD ; y, cr #? ks TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765—1560 >� :c -. +' " Fax. (631)-765—9015 tillC11AEL.cOL_L1Ntirii]OW,N.S(.1tI1110Ii).NY.IIS '-� 1 �•'£ �� 1� JAMIE.R1C1II'l:k'r'ail'OWN.S011l'I[l)LI).NY.tJS OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Property of W. L. Lyons Brown, III Located on the NORTH EASTERLY Side of Hedge Street SCTM#: 1000— 10—07— 13 Schedule"A" is the Drainage Easement area needed to maintain the existing outfall. The first 45 feet of the easement is the proscriptive easement which is 3 feet wide. The remaining 1225.77 feet of easement was expanded to 6 feet wide for maintenance. SCHEDULE A - DESCRIPTION All that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a stone monument on the Northeasterly line of Hedge Street; said monument being 2300.25 feet North of a point which is 426.19 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and; RUNNING THENCE along said Street line North 30 degrees 58 minutes 10 seconds West 3.02' feet to a point on the Northeasterly line of Hedge Street; RUNNING THENCE through the residential property of W. L. Lyons Brown, Ill the following three courses: 1. North 64 degrees 16 minutes 00 seconds East 45.00 feet, then 2. North 25 degrees 44 minutes 00 seconds West 3.00 feet, then 3. North 64 degrees 16 minutes 00 seconds East 125.77 feet. RUNNING THENCE South 24 degrees 24 minutes 00 seconds East 6.01 feet along the shore of West Harbor; RUNNING THENCE South 64 degrees 16 minutes 00 seconds West 4.60 feet to a concrete post on a wall; RUNNING THENCE South 64 degrees 16 minutes 00 seconds West 165.48 feet to the point of beginning abutting Southeasterly on land now or formerly of Russell. .' 1 / ' f / l ti 1iI r / j / 1it ! t i ` i I,/ •/ �\11 ! iyt 1 �` J/ l / !4i // 1 i!! SCTIL\, i000-�(i-Q7-12 1 \ 4 I1! �I ' 'I )' I 1 c4( 11 i / \ \ WliiI/( / ca 1/ / / r r f 1 f I h 0 4 �} i ' tl1 ) i 1 j U] 1111 , : , rr 1 l x { /' ew�w� ' /� �I i j 4 j i z y ECM 11' 1000,40-07-13 I L� ff �i ! 1 / + ( er � RESIDENCE i d New Culvertr�� r'n 114 : alae to gating 1 i ; j I , ... e1 , :�1 } T1s . Cil ! �" / .,L - I "•1,`,`�- AAentlon Exatlnq Culvert j j t l • !�1 ix, Culvert, 1 / in-place&leave exlsting / I \ \ t It.l V Pipe to Remaip. !!! vegetation 6 pUnengs, / ! `` 1 ii' t ` VI / / / 7B ,r I t\ t 'yt % t` 1 '% / / 3CTY /: 1000-10-07-14 10 \\ \I\ 1\\\�\\i . ( \ \- \ :I\ \6\\\4 �\ CO 1 % 1� �\ , / ,.i`' -� N tl1 y ` 11 I i l l I / \ \ ' �r i I ItIIJ f l W / /j/ /' içç r/ % {1 �r —'` �i /� j//`l Ir U !" \. I I II �.� —�- ; i //I� I/�/',i