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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 . ..41.7:...-:,.. ;rte OREGON ROAD `N� F -..._..._..._.;Y .._..._.__.-_...__. ~• ..- msrw rr..,mu.a.ws�am .., ___. ,.•u !..._..._-_________.—.4.._..._.,,,,_...-..._.,—,. _I _.._.. � { \ — N29'fTM'E 152T5 11.101 r% ' `� ( j7 — 7111.7 ^- OS •/ ' m !!41,Q 4 4 cv% '' $c - g�./ � • - -�_y • , ; i . i '- al ' i'�--' 1 i I ra.r rarnrwu.n • 1. 4' r lif 'i.1 1+ i , i 1 al I u Iii 4 - ;pa—, i " ▪` 4 !4---4,9, .r jp urn- 'moI i Y1w - .• F o 1 . / ifnn 70 j 1 tipO '- - bow � I A QnJ--. ' ;I f ! a J ^' ' ^r----'''5--- °f- r �1K ' .___-•" tej m.1 Ia -...-...t J._____ ' -- ql . l' iM1411 ' I -1 _ _ 7 - _-'1--__ ws 11 ' -_ [ir i0 v Itl :',Ya'' '�_J MrnzsTYins -Ic-_- -e.I lat. ' _ € ` I i 'MILLER PLACE-- -__-:—.– .. ' ar „I S7P775SW NUT 1 ''f'.{ S7PII70'W 7r)M 4 vi1 �1 g 1.I „ I.!;/, x __ { ;',-.• 10'RfG�1TOFfM1T Y',,, ' (i10 _ q $ j ' ....,,.....„-a--.....7. uewcarwao.ur.:` +� 3 '-� 1."--- __� . r, RF.. 1e1Ig 110 r ` 11t 'T1 Q ; �h ;r �`1`i,1/ A a 1{� ;gil II• 1,11', i !iii Lr: r,n.1 MILLER F?Ly4 '� Ii p ': i :_I: ammrr ULM' r 1 -tet • �i �' i h ' 1 . IRRfGxTOFW � J. 3 Y 11 .ill--r�I ,,,„,_,.,„,,,,,......t (PRNA F2 y' E , ' „ ,�' mil mr. - , • I 1 ''1 i;'t ;p ,er • • - r�1 T ' ,� �- --t NA'i 8 E1 i 11 neuaIIiYQM,Ro! Nome O C r. + 1 8 :II a� ��' y R .� 3 •••• .1......arm,a r. S 70.1750'W S59.78 'rr,f!! j 33.atl�1sa mn�nr,w¢w.rw ccr 5 r 5- r - 3 1 1 ` fi uam ig ��$ ji ..nm.rrnr a iE;� ll 7 1 iS T' f 1 11—i G ii 1d5 i01 iC 3 i n E=E ' tli 4-t4 E1 I! s�i1^iii 11;!III qq4 's f �� =Y- ..” gess a -. 1!E.A1 91 i ,1 i 'ililii I Ili 1,p, mmcgroTtixwmm Iggl ttix g '. • R11.11. 1. 1'i€ -- i 1a€Ei xiffil ,.5 M gi Egn$ imf i v gg'S �tipa;! 6 3� 9 r i 1 ii tis :s E C it 'gilig Iii � a -ii g . i 0..i pi - 1111111111:i a�E t ajli 11� k a 4 m 4 R 4 ., •4L �ak3 i IN tqo e s ¢ m A �""'C7 c x'i 31 / ii rl Is.4 3:A • Fx n14 tltl 4 gf=a i tit !Irginlilleillpinttilrilgt12 E'!IE 11;1 if,���illfs�:g}��1i'iiat�f; s. 'i1 n ern jilt :II`p g2gB3 ,3eeS.( i 3�Y •i 3�p cL i 9K ra t. E��� i�i��E� F j 3 gA .� n � a$ 1F ! i" g9 5 .� '� ge a vy0y iii / 'i g a al \ E 1 I , t I5¢n=CA 3 5 i e! zu 33� ' e1-4 at [ '1 i iz E ` $1'4N–n-I 1 g i E a rnmm a 5 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 /4.14'46 1 l � � N t so. o, rt+ 6335Ir Ck4 CA vwwc;t c%1 Cads ire y , r I ;1-0 2-O YR- Alt w a