HomeMy WebLinkAboutL 12852 P 83 11111111111111111111111111111111111111111 iHl 1111
I 1111111111111111 I10111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: AGREEMENT Recorded: 02/09/2016
Number of Pages: 13 At: 04 :51 : 47 PM
Receipt Number : 16-0019937
LIBER: D00012852
PAGE : 083
District: Section: Block: Lot:
1000 083 . 00 03.00 004 .006
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $65.00 NO Handling $20 . 00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
Affidavit $0.00 NO TP-584 $0 .00 NO
Notation $0.00 NO Cert.Copies $8 .45 NO
RPT $200.00 NO
Fees Paid $313.45
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
II
Number of pages r 43. ? , RECORDED
2016 Feb 09 04:51:47 P11
JUDITH A. PASCALE .
CLERK OF
This document will be public SUFFOLK COUNTY
record. Please remove all L 000012352
Social Security Numbers P 093
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 I FEES
Page/Filing Fee
6 ' Mortgage Amt.
1. Basic Tax
Handling 20. 00
2. Additional Tax
TP-584 Sub Total
—
Notation SpecJAssit.
�
EA-52 17(County) Sub Total l� Spec./Add.
EA-5217(State) TOT.MTG.TAX —
R.P.T.S A. �O ,.,\<>u" ADual Town Dual County
Held for Appointment
Comm.of Ed. 5. 00 '6- , Transfer Tax
Affidavit Mansion Tax
6 • - The property covered by this mortgage is
Certifie ZJ or will be improved by a one or two
e___.----
1 / familydwellingonly.Surcharge 15. 00Sub Total a
YES or NO
Other 3)i ,14 If NO,see appropriate tax clause on
Grand Total_
page# of this instrument.
4 Dist. 30946351000 08300 0300 004006 0
1111111111111111111
1 5 Community]Preservation Fund
LwA iConsideration Amount$
Real PropertyRTax Service
Agency o4-FEB-1s CPF Tax Due $
Verification - - - -
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
VL s Zt C- /� TD
Sar Ec1t^rOkS i i j TD
(j itcltl'^ t" i i IC133 TD
Mail to:Judith A. Pascale, Suffolk County Clerk 7 I Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcountyny.gov/clerk Title#
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached err -- ' 1 ' I. , •7 • + made by:
(SPECIFYTYPE N J OF INSTRUMENT)
r:4— 5 `-' L C- The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of SOt(0LD .
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
I2.0Ia_lamtt
(over)
•
ROAD MAINTENANCE AGREEMENT
THIS DECLARATION made this day of Fe.0(k" q , 2016, by F & S LLC,
residing at 538 Edwards Avenue, New York, 11933 hereinafter referred to as the
"DECLARANTS"; ti..'1'RE f
WITNESSETH:
WHEREAS, the DECLARANTS, are the owners of a certain plot, piece and parcel of
land situate at, Cutchogue, in the Town of Southold, County of Suffolk, and the State of New
York, known and designated as SCTM No. 1000-83-3-4.6 being more particularly bounded and
described as set forth in Schedule "A", annexed hereto.
WHEREAS, the DECLARANTS made application to subdivide a 6.097 acre parcel into
5 lots as shown on the "Subdivision for the Cutchogue Business Center", surveyed by Martin D.
Hand, on ;WO. , last revised \ tCl I.b , (the Subdivision Map)
annexed hereto as Exhibit A.
WHEREAS, the Final Subdivision Map contains a right of way noted as "Miller Place",
being more particularly bounded and described as set forth in Schedule "B", annexed hereto
herein referred to as"Miller Place".
WHEREAS, the DECLARANTS have executed an Access Easement for the use of
Miller Place for the purpose of a right of way which is annexed hereto as Exhibit "B".
WHEREAS, the DECLARANTS desire to provide for maintenance and management of
Miller Place-which provides a common access of ingress and egress to Lots 1, 2, 3, 4 and 5; and
the DECLARANTS agree that it is in the best interest of the DECLARANTS and any future
owner of the property that the within declaration and covenant be imposed.
NOW, THEREFORE, the within DECLARANTS do hereby covenant and agree as
follows:
1. The owners of Lots 1, 2, 3, 4 and 5 as shown on the aforesaid subdivision map, shall
share a right of way, here and after known as "Miller Place" to and from Cox Lane
and Oregon Road.
2. The use of Miller Place shall be subject to the following restrictions:
A. The owners of Lots 1, 2, 3, 4 and 5 shall have the joint, equal and mutual right to
use, maintain and improve Miller Place for the purpose of ingress and egress to
their respective lots.
B. The terms "owner", "lot owner" or "lot owners" as used in this Declaration shall
be deemed to include any heirs, distributees, successors and assigns of the
Declarant and the respective lot owner or lot owners of Lots 1, 2, 3,4 and 5.
C. Each owner affected by the Agreement, by accepting a deed to or taking title to
any part of the subject lots, does hereby authorize and accept, for any successor
owner and his/her heirs, distributees, successors and assigns all of the conditions,
obligations and restrictions and provisions of this Agreement.
D. The word "maintenance", as used in this Agreement, shall be deemed to mean all
costs and expenses in connection with Miller Place, including the maintenance or
replacement of Miller Place, installation of common underground utilities,
maintenance and replacement thereof, snow plowing, sweeping, surfacing and re-
surfacing, re-paving or re-graveling, filling in of holes and all those items
necessary to make it convenient and safe for the owners of the aforesaid subject
lots to use Miller Place described in Schedule"B".
E. The owners of the subject lots or any portion thereof shall determine what
maintenance shall be done on Miller Place and the maintenance costs to be
expended therefore by mutual agreement.
F. All decisions for the improvements and/or maintenance of Miller Place shall be
made by a majority vote of the lot owners affected herein. Proxy votes shall not
be acceptable. There shall be (1) one vote per subject lot. Any lot owner may
initiate a vote on any maintenance or improvement matter by sending a notice by
certified mail, return receipt requested, to the other lot owners. Said notice shall
contain all information necessary to make an informed decision on the matter.
Any lot owner not voting affirmatively or negatively within (2) two weeks of the
mailing of that notice shall be bound by the decision of those who do vote. A tie
vote shall be considered approval of the proposition.
G. All lot owners agree that Miller Place shall always be maintained so as to be
passable by ordinary passenger, service and emergency vehicles and this shall
include prompt repair of any "potholes" or similar defects in Miller Place and
shall be continuously cleared to a minimum of 20 feet in width and a minimum of
15 feet in height.
H. In the event one of the lot owners fails to pay their proportionate share of
maintenance costs within (7) seven days of notification of charges, such unpaid
monies may be collected proportionately from the other lot owners. In this event,
all lot owners having duly paid both their proportionate share of maintenance
costs and that of the defaulting lot owner shall be deemed the contractor as
defined in the New York Lien Law. The lot owner who has not paid his/her
proportionate share shall subject his/her real property to the liens of the lot owners
who have paid his/her share of maintenance costs. The lot owner who has paid
his/her proportionate share of maintenance costs may also commence an action
against the defaulting lot owner, in a court of appropriate jurisdiction, in order to
recover the unpaid monies. In any action commenced against a defaulting lot
owner, there shall be a presumption that the maintenance work for which monies
are owed was validly authorized by the majority of the lot owners and was
competently performed by the contractor who did the work. A defaulting lot
owner shall be liable for all maintenance costs and expenses, including but not
limited to attorney's fees which are incurred by the other lot owners in recovering
the defaulting lot owner's unpaid share of maintenance costs.
I. Notwithstanding anything to the contrary herein, each and every lot owner shall
repair, at his/her sole costs and expense, any damage done to Miller Place by
construction traffic or other implements used in the construction of improvements
on the particular lot owner's land. Any failure to make or pay for such repair may
be treated by the other lot owners as a default in the payment of maintenance
costs, in accordance with sub-paragraph"G" above written.
3. This Agreement shall run with the land and shall be binding upon all grantees, heirs,
executors, administrators, legal representatives, distributes successors or assigns of
any portion of the subject parcels.
4. This Agreement is intended for the benefit of and shall construed to be in addition to
and not in derogation or limitation upon any provisions of local, state and federal
laws, ordinances, and/or regulations in effect at the time of execution of this
` T
Agreement, or at the time such laws, ordinances and/or regulations may thereafter be
revised, amended or promulgated.
5. This Agreement is intended for the benefit of the lots owners and shall be enforceable
by each owner by injunctive relief or any other remedy in equity or at law. The failure
of said owners to enforce the same shall not be deemed to affect the validity of this
covenant nor to impose any liability whatsoever upon the owners.
6. That the owners, their respective distributes, devisees, personal representatives,
successors or assigns, upon whom this agreement and conveyance shall be binding
and to whom its benefits shall inure, shall not in any way impede or obstruct the other
owners in the free use of the right of way for the purposes set forth above.
7. If any section, subsection, paragraph, clause, phrase or provision of these covenants
and restrictions shall, by a court of competent jurisdiction, be adjudged illegal,
unlawful, invalid or be held to be unconstitutional, the same shall not affect the
validity of these covenants as a whole,or any other part or provision hereof other than
the part so adjudged to be illegal,unlawful, invalid or unconstitutional.
IN WITNESS WHEREOF, the owner has duly executed this instrument this "T day of
February, 2016.
F & S, LLC
Ln .`
y: James C. Miller
•
STATE OF NEW YORK)
)
COUNTY OF SUFFOLK)
On el-Clay of February, 2016, before me, the undersigned, a Notary Public in and for
said State, personally appeared James C. Miller, personally 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.
AikeAr
Notary Public
No:DI N Ito 33c
,n:vw- t' sss ire S 0-04 kA 11 ,162O
be� re sus
CHICAGO TITLE INSURANCE COMPANY
330 OLD COUNTRY ROAD
MINEOLA, NEW YORK 11501
516-296-4600
Title No. 15-08-8588 SCHEDULE A
All that certain plot, piece or parcel of land, situate, lying and being in the Town of
Southold, County of Suffolk and State of New York, bounded and described as follows:
Beginning at the corner formed by the intersection of the southeasterly side of Oregon
Road with the southwesterly side of Cox's Lane;
Running thence from said point or place of beginning, South 59 degrees 55 minutes 31
seconds East along the southwesterly side of Cox's Lane 475.72 feet to land now or
formerly of North Fork Recycling, Inc.;
Thence along said last mentioned land, South 30 degrees 12 minutes 50 seconds West
559.78 feet to land now or formerly of Jeanne M. Grace and Donald J. Grimm;
Thence along said last mentioned land,North 59 degrees 55 minutes 31 seconds West
513.96 feet to the southeasterly side of Oregon Road;
Thence along the southeasterly side of Oregon Road the following two (2) courses and
distances:
1. North 60 degrees 49 minutes 44 seconds East 90.38 feet;
2. North 29 degrees 17 minutes 18 seconds East 482.15 feet to the corner first above
mentioned at the point or place of Beginning.
For Information Only: District 1000 Section 083.00 Block 03.00 Lot 004.006
EXHIBIT A
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OREGON ROAD
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SCHEDULE B
;it.
METES AND BOUNDS DESCRIPTION
SCTM# 1000-83-03-4.6
ROAD DEDICATION
All that certain plot, piece or parcel of land, lying,being and situate in
Cutchogue, Town of Southold, County of Suffolk and State of New York
being bounded and described as follows; •
Beginning at a point, said point being the corner formed by the intersection
of the Easterly side of Oregon Road and the Southerly side of Cox Lane.
Running thence along the Southerly side of Cox Lane, South 59 degrees, 55
minutes, 31 seconds East, 234.52 feet to the point or place of beginning.
Running thence South 30 degrees, 12 minutes, 50 seconds West, 217.00
feet,
Thence South 59 degrees, 55 minutes, 31 seconds East, 146.20 feet,
Thence South 30 degrees, 12 minutes, 50 seconds West, 342.83 feet,
Thence North 59 degrees, 55 minutes, 31 seconds West, 398.96 feet,
Thence North 60 degrees, 49 minutes, 44 seconds East, 69.49 feet,
Thence South 29 degrees, 10 minutes, 16 seconds East, 19.00 feet,
Thence South 59 degrees, 55 minutes, 31 seconds East, 307.22 feet,
Thence North 30 degrees, 12 minutes, 50 seconds East, 252.78 feet,
Thence North 59 degrees, 55 minutes, 31 seconds West, 146.20 feet,
Thence North 30 degrees, 12 minutes, 50 seconds East, 257.00 feet,
Thence South 59 degrees, 55 minutes, 31 seconds East, 40.00 feet to the
point or place of beginning.
Area of 40 foot Right of Way(known as Miller Place)=45,563 square feet
= 1.046 acres.
•
EXHIBIT B
'
ACCESS EASEMENT
THIS INDENTURE, made this . day of .‘;c-1 , 20�, by and between F &S
LLC ("GRANTOR"), and F & S LLC ("GRANTEE").
WHEREAS, GRANTOR is the owner in fee simple of certain real property located
in the Town of Southold, Suffolk County, New York, identified as SCTM# 1000-83-3-4.6,
and has made application to and has received approval from the Southold Town Planning
Board to subdivide said real property into five (5) lots as shown on the Subdivision Map
entitled "Clustered Standard Subdivision of Cutchogue Business Center" prepared by
Martin Sendlewski, AIA, last dated 1 (q fib , which map is to be filed in the Suffolk
County Clerk's office, and is shown in Exhibit A and hereinafter referred to as "the
Subdivision"; and
WHEREAS, the aforementioned five lots each contain a portion of a private right-of-
way named Miller Place, as shown on the Subdivision map, and in Exhibit A; and
WHEREAS, the GRANTOR desires to provide unfettered access to and from each
of the five lots of this subdivision over Miller Place to the adjacent public streets (Cox Lane
and Oregon Road); and
WHEREAS, the Southold Town Planning Board required this Access Easement to
provide safe and adequate emergency access, as well as sufficient access by vehicles to
the lots in said subdivision; and
WHEREAS, this Access Easement shall be perpetual; and
WHEREAS, the Access Easement area is described on Schedule B annexed
hereto and made a part hereof; and
NOW THEREFORE, in consideration of ONE DOLLAR ($1.00) and other
good and valuable consideration to GRANTOR, the receipt of which is hereby
acknowledged, this agreement:
WITNESSETH
1. GRANTOR and its successors and assigns does hereby grant, transfer, bargain,
sell and convey unto GRANTEE, in perpetuity subject to the limitations contained
herein, an access easement, of the nature, character, and to the extent hereinafter
set forth over and upon the Access Easement.
2. This Easement shall run with the Subdivision as an incorporeal interest , and shall
extend to and be binding upon GRANTOR, GRANTOR'S agents, tenants,
occupants, heirs, personal representatives, successors and assigns, and all other
individuals and entities. The word "GRANTOR" when used herein shall include all
of those persons or entities and "Grantee" shall be defined as the owners of each of
five lots in the subdivision, shown as Lots 1, 2, 3, 4 and 5 on the filed subdivision
map, and as enumerated in Exhibit A. Any rights, obligations, and interests herein
granted to GRANTEE shall also be deemed granted to each and every one of its
subsequent agents, successors, and assigns, and the word "GRANTEE" when
used herein shall include all of those persons or entities.
3. The nature, character, and extent of the easement hereby granted is as follows:
(a) GRANTEE shall have the right to use the Access Easement for: (1)
vehicular and pedestrian ingress and egress from GRANTEE'S Premises to
the public highways known as Cox Lane and Oregon Road, and (2)
installation, maintenance, replacement, and reconstruction of all utilities to
his, her or its Lot or the other Lots, including but not limited to gas, cable
television, telephone, electrical power, sewer, water, and drainage.
(b) GRANTEE and GRANTOR shall have the joint and several responsibility of
maintaining said Access Easement area in accordance with the terms of the
Road Maintenance Agreement a copy of which is annexed hereto as Exhibit
B.
4. Failure of GRANTOR or GRANTEE to insist upon the strict performance of any
provision of this easement shall not abrogate, or be deemed to waive, any of
GRANTOR'S or GRANTEE'S rights under this easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of
the date and year first above written.
F & - LLC
c 4001"
an4S . N?.I1•( , Grantor
F & S LLC
1
, L( , Grantee
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On this day of , in the year 20.& before me personally appeared
n,-q known to or proved to me on the basis of satisfactory
d to be the individual whose name is subscribed 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 the person upon behalf of which
the individual acted, executed the instrument.
, i,LA
Notary Public
�o. Pk_!0Iic_ Sift of Nei (ee .
DUNS (03- 5--?4,12);(
ve -3--ammab11 ,Zo2a
STATE OF NEW YORK) t,e l ,,drt, Auktk.
) ss.:
COUNTY OF SUFFOLK)-
On this I day of , in the year 20j_ , before me personally appeared
C. W A.A,, knownteor proved to me on the basis of satisfactory
dence to be the individual whose name is subscribed 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 the person upon behalf of which
the individual acted, executed the instrument.
Notary Public C C
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