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HomeMy WebLinkAboutL 12855 P 102SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 03/04/2016 Number of Pages: 9 At: 02:43:17 PM Receipt Number : 16-0033544 Handling $20.00 TRANSFER TAX NUMBER: 15-21671 LIBER: D00012855 NO NYS SRCHG PAGE: 102 District: Section: Block: Lot: Notation 1000 022.00 03.00 001.000 $11.25 EXAMINED AND CHARGED AS FOLLOWS $400.00 Deed Amount: $0.00 $0.00 NO 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 $11.25 NO RPT $400.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $501.25 TRANSFER TAX NUMBER: 15-21671 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages 1 This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2015 Mar 04 02:43:17 PM JUDITH A. PPSCRLE CLERK OF SUFFOLK. COUNTY L 000012455 P 102 DT# 15-21671 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 1 FEES Page / Filing Feed Handling 20. 00 TP -584 _ --- Notation Notation _ EA -5217 (County) Sub Total 170 EA -5217 (State) you- Comm. � R.P.T.S.A.� `o Comm. of Ed. 5. 00 Affidavit -� V�� Z__ Certified Copy NYS Surcharge 15. 00 Sub Total " I Y 2s Other _ Grand Total 5( )► 2- 6 I Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Charles R. Cuddy, Esq. PO Box 1547 Riverhead, NY 11901 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec. /Add. TOT. MTG. TAX Dual Town Dual County Held for Appointment Transfer Tax 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 instrumenj. , Community Preservation Fund Consideration Amount $ CPF Tax Due $ Uv Improved Vacant Land TD_ TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffo[kcountyny.gov/clerk Title # 8 1 Suffolk County Recording & Endorsement Page This page forms part of the attached Grant of Access Easement by: (SPECIFY TYPE OF INSTRUMENT) Shawn Tully The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In the TOWN of Southold Aries Estates, LLC In the VILLAGE or HAMLET of East Marion BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. I - . , over 3103175 3103175 Real R DH A Tax Servi e�100 III�I�II�III�IIIIII��II—I�VIIII�II�YI�I���`I��iYl�li�l�Ill Agency 22 -FEB -16 Verification 6 I Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Charles R. Cuddy, Esq. PO Box 1547 Riverhead, NY 11901 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec. /Add. TOT. MTG. TAX Dual Town Dual County Held for Appointment Transfer Tax 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 instrumenj. , Community Preservation Fund Consideration Amount $ CPF Tax Due $ Uv Improved Vacant Land TD_ TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffo[kcountyny.gov/clerk Title # 8 1 Suffolk County Recording & Endorsement Page This page forms part of the attached Grant of Access Easement by: (SPECIFY TYPE OF INSTRUMENT) Shawn Tully The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In the TOWN of Southold Aries Estates, LLC In the VILLAGE or HAMLET of East Marion BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. I - . , over .R Stat ID: 1 3103175 Tax Maps District Secton Block Lot School District 1000 02200 0300 001000 ORIENT -EAST MARION 1000 02200 0300 002000 ORIENT -EAST MARION p S R DHO A 22 -FEB -16 GRANT OF ACCESS EASEMENT THIS GRANT OF EASEMENT is made on I' day of June, 2015, by and between Shawn Tully residing at 535 West 23`d Street, New York, NY 10011 (hereinafter referred as "Grantor") and Aries Estates, LLC, a New York limited liability company with an office at 535 West 23' Street, New York, NY 10011 (hereinafter referred to as "Grantee") WHEREAS, Grantor is the owner of certain parcel adjoining Stars Road, East Marion, New York, which parcel is known as SCTM41000-022-03-01, and more particularly described in Schedule A annexed hereto; WHEREAS, Grantee is the owner of certain parcel located at East Marion, Town of Southold, New York known as SCTM#1000-022-03-2 described in Schedule B annexed hereto; NOW THEREFORE, Grantor hereby grants, transfers and conveys to Grantee, an easement for vehicular access and utility purposes over and across the parcel described in Schedule A to the contiguous parcel described in Schedule B. 1. The Easement is located at the southerly end of the Grantor's parcel and the Easement is more particularly described in Schedule C (hereinafter referred to as the "Easement"). This Easement shall run in favor of the future owners of the Lots 1 and 2 on the Subdivision Map of Shawn Tully as prepared by Howard Young, Land Surveyor. 2. With regard to the use of the Easement referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the Easement described in Schedule "C" for the purpose of ingress and egress. (B) The terms "lot owner" or "lot owners," as used in the this Easement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. (C) Each lot owner affected by this Easement, by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Easement. (D) The word "maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said Easement, including the costs of sweeping, surfacing and resurfacing, regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items Page 1 of 4 necessary to make it convenient and safe for the owners of the aforesaid lots to use the Easement described on Schedule "C" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the Easement and the amount of money to be expended therefore, as provided in paragraph "F" hereof. Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the Easement shall be jointly made by the lot owners to such Easement. Either lot owner shall send a written request, sent via certified mail return receipt requested, to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the Easement. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs, required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner, the response to the certified mail return receipt mailing shall be within five (5) days of the certified mailing. (G) Both lot owners agree that the Easement shall always be maintained in good repair employing the same design, type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots I and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any "potholes" or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen (15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event, that lot owner having duly paid both his proportionate share of expenses 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 paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses 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 rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. Page 2 of 4 (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic, machinery, or other implements used in the construction or maintenance 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 expenses, in accordance with subparagraph (H) above. (J) This Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (K) This Easement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A" herein. IN WITNESS HEREOF, Grantor has executed this Easement the day year first above written. U)/— Shawn , / Shawn Tull , r for Aries Estat , LLC, Grantee By;CK�`1" v Shawn Tully, Member STATE OF NEW YORK ) ) ss.: COUNTY OF gT On the day of J uN in the year 2015, before me, the undersigned, personally appeared SHAWN TULLY, 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. �qj '`�C` Notary Public ML4JNDA CHU Notary Public, State of Now York..,,,,, No.01CH501095S ;. Ouallfied ,n Kings 001nv Page 3 of 4 Commission Expires May 12, 20 STATE OF NEW YORK ) COUNTY OF N �� y°j ss.: On the grdayof J (l in the year 2015, before me, the undersigned, personally appeared Shawn Tully , 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. r- Notary Public L. J li MEUNDA CHU rr Notary Public, State of Natio Yo* No.01CH5010M G Qualified :n Kin ggs Cow* Commission Expires flay 12,20A.; Page 4 of 4 SCHEDULE A ALL THAT CERTAIN plot, piece or parcel of land, with the buildings thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Stars Road, distant northerly the following five (5) courses and distances: 1. North 22 degrees 52 minutes 50 seconds West, 181.14 feet; 2. North 38 degrees 06 minutes 30 seconds West, 29.92 feet; 3. North 13 degrees 36 minutes 00 seconds West, 176.83 feet; 4. South 83 degrees 22 minutes 30 seconds West, 20.04 feet; 5. North 10 degrees 13 minutes 30 seconds West, 2425.14 feet from the corner formed by the intersection of the northerly side of Main Road with the easterly side of Stars Road, as measured along said easterly side of Stars Road, which said point or place of beginning marks the division line between Lot 21 on a certain map entitled, "Map of Soundcrest Woods," and filed 219169 as Map No. 5315, and premises conveyed herein; and from said point or place of beginning RUNNING THENCE North 08 degrees 40 minutes 18 seconds West along said easterly side of Stars Road, 52.36 feet; THENCE North 10 degrees 31 minutes 00 seconds West along land now or formerly of Stars, 1821.16 feet to the ordinary high water mark of Long Island Sound; THENCE easterly along said ordinary high water mark of Long Island Sound, the following two (2) courses and distances: 1. South 48 degrees 28 minutes 40 seconds East, 261.25 feet; 2. South 58 degrees 14 minutes 50 seconds East, 198.03 feet to land now or formerly of Philip DeNicola; THENCE South I 1 degrees 13 minutes 50 seconds East along said land now or formerly of Philip DeNicola, 1575.77 feet to a granite monument and land now or formerly of Richard Israel; THENCE North 84 degrees 54 minutes 00 seconds West along said land nor or formerly of Richard Israel, 150.06 feet to Lot No. 21 first mentioned above; THENCE South 79 degrees 46 minutes 30 seconds West along the northerly line of Lot No. 21, 184.04 feet to the easterly side of Stars Road, at the point or place of BEGINNING. SCHEDULE 1$. ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, being mare particularly bounded and described as follows: BEGEVNING at the southeast comer of the premises herein to be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh's Court; 1.' North l l degrees 44 minutes 10 seconds West 213,50 feet; 2. North 11. degrees 40 minutes 00 seconds West 196.87 feet; 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; 8. North 11 degrees 50 minutes 20 seconds West 126,14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 11 degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12. South 75 degrees 12 minutes 30 seconds West 88.17 feet; 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; RUNNING THENCE from said point of begimming South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... y. Schedule . s RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210.60 feet to a monument; RUNNING THENCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West'1584.79 feet to the high water mark of Long Island Sound as located on Feb. 8, 2006; RUNNING THENCE along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING THENCE along the land now or formerly of Patricia D, Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place ofBEGINNING. SCHEDULE "C" Shawn Tully at East Marion, Town. of Southold Suffolk County, New York Surveyor's Description - Access Easement ALL that certain plot, piece or parcel of land with. tlic buildings. and -improvements -thereon erected, situate, lying and being at East Marion, Town.of Southold, County of Suffolk:and State of, New York, known and designated as a 50' right of way over land novr or formerly Shawn P: Tully, as shown on Subdivision Map, "Shawn Tully", more particularly bounded and described as follows: BEGINNING at a point on'the easterly side of Stars Road' at the northwesterly comer of:Lot 21, Subdivision, "Map of Soundcrest Woods, Section 1", Suffolk County File -No. 5315; RUNNING thence from said point of beginning North 08 deg..40 min, 18 sec. West along the easterly side of Stars Road 50.02 feet to a.point; RUNNING thence through land now or formerly Shawn.P. Tully the following three E3} courses and distances: 1. North 79 deg. 46 min. 30 sec. East 189.41 feet, 2. South 84 deg. 54 min. 00 sec. East 102.75 feet, 3. On the arc of a curve to the left having a radius of 29.50 feet for a distance of 54.75 feet to Lot 2, Subdivision, "Shawn Tully"; RUNNING thence South 11 deg. 13 min. 50 sec, East along Lot 2, Subdivision, "Shawn Tully" 91.4.9 feet to and monument found and land -now or formerly Camille Sinatra & Ridhard Sinatra; RUNNING thence North 84 deg. 54 min. 00 sec. West along land now or formerly. Camille Sinatra & Richard Sinatra 150.06 feet to a monument found and Lot 21, Subdivision, "Map of Soundcrest Woods, Section l" File No. 5315; 17UNNING thence South 79 deg. 46 min. 30 sec. West along Lot 21, Subdivision, "Map -of Soundcrest Woods, Section 1" 184.04 feet to the point or place of Beginning.