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HomeMy WebLinkAboutL 12855 P 103SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 03/04/2016 Number of Pages: 8 At: 02:43:17 PM Receipt Number : 16-0033544 TRANSFER TAX NUMBER: 15-21672 LIBER: D00012855 PAGE: 103 District: Section: Block: Lot: 1000 022.00 03.00 001.000 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 $40.00 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 $10.00 NO RPT $400.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $495.00 TRANSFER TAX NUMBER: 15-21672 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages 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. PASCALE CLERK OF SUFFOLK COUNT" L D00012855 P 103 DT# 15-21672 Deed / Mortgage Instrument I Deed / Mortgage Tax Stamp I Recording/ Filing Stamps FEES Page/ Filing Fee 2 J Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP -584 Sub Total Spec./Assit. Notation / Sub Total l Q�'� or EA -52 17 (County) Spec. /Add. EA -5217 (State) TOT. MTG. TAX (! R.P.T.S.A. -t IO�� Dual Town Dual County _ Held for Appointment Comm. of Ed. S. 00 Transfer Tax Affidavit Mansion Tax �, Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO OtheTota , �— Grand Total If N0, see appropriate tax clause on page # of this instrument. 4 Dist. 1( 3103176 Se�`lfv4' 5 Community Preservation Fund Real Property P T S I�I� (I ILII VIII II II III��III ml�l llllf Consideration Amount $ U Tax Service R DHO A I k lu l Agency 22 -FEB -16 CPF Tax Due Verification Q Improved_ 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD Ci Charles R. Cuddy, Esq. PO Box 1547 TD Riverhead, NY 11901 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name vwvw.suffolkcountyny.gov/clerk Title # 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Common Driveway Agreement ,S wtd4 _. made by: (SPECIFY TYPE OF INSTRUMENT) Aries Estates, LLC The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold In the VILLAGE or HAMLETof East Marion BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over District Secton Block Lot 1000 02200 0300 001000 1000 02200 0300 002000 pT S or Stat ID: 3103176 22 -FEB -16 Tax Maps School District ORIENT -EAST MARION ORIENT -EAST MARION COMMON DRIVEWAY A REEMENT THIS INDENTURE, made as of this 1 S' day of June, 2015, by Aries Estates, LLC, a New York limited liability company with office at 535 West 23rd Street, New York, NY 10011 (hereinafter referred to as the "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarant is required, pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on March 10, 2014, to create an agreement in connection with said real property for the purpose of sharing a common driveway and all responsibilities and obligations with respect thereto; WHEREAS, Declarant desires to provide for such shared driveway access to and from Stars Rd., East Marion, New York; NOW, THEREFORE, be it declared as follows: 1. Lots l and 2 shall have common driveway access to and from Stars Road and over a 50 foot right of way on the premises known as SCTM41000-22-3-1 extending from the southerly property line to Stars Road. These lots shall share access to and from Stars Road, which shared common driveway access is more particularly bounded and described on Schedule "B" annexed hereto and made a part hereof. 2. The common driveway shall permit vehicular access to the subdivision lots. 3. With regard to the use of the common driveway 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 common driveway described in Schedule "B" for the purpose of ingress and egress. (B) The terms "lot owner" or lot owners," as used in the this Agreement, 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 Agreement, 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 Agreement. (D) The word "maintenance" as used in this Agreement, shall be deemed to mean all costs and expenses in connection with said common driveway, 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 necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway described on Schedule "B" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access 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 common driveway shall be jointly made by the lot owners to such driveway. 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 common driveway. 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) All lot owners agree that the common driveway 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 1 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 -2- 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. (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. (.T) The owners of Lots 1 and 2 shall have the right to maintain, at their own cost and expense, their respective common driveway, as described on Schedule "B". All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefitted by the respective common driveway. (K) This Common Driveway Agreement 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. (L) This Common Driveway Agreement 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 WHEREOF the Declarant has duly executed this Agreement the day and year first above written. Aries Esfafes, LLC By. vv - Shawn ully, Member M! STATE OF NEW YORK ) COUNTY OF kJir-W y02j� ) ss.: SI r On the { day of SUNS 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. Notary Public , � m MELINDA CHU NO. lstale Of New YO* Ouallfied ewayr "on Exptr� 12, ko, -4- SCHEDULE "A" 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 more particularly bounded and described as follows; BEGINNING at the southeast corner 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 11 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 9997 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 beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... 0 Schedule "A" 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 1 l 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: I. 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 of BEGINNING. SCHEDULE "B" 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. the 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 -now, dr f&merly Shawn P. Tully, as shown on Subdivision Map, "Shawn Tully", more particularly bounded and described as follows: BEGINNING at a point on'the.easterl.y side of Stars Road at the, northwesterly coiner 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. ruin: 18 sec. West along the easterly side of Stats Road 50.02 feet to a point; RUNNING thence through land now or formerly Shawn P. Tully the following three (3) 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 I I deg. 13 min. 50 sec. East along Lot 2, Subdivision, "Shawn Tully" 91.49 feet to and monument found and land.now or fo►merly Camille Sinatra &Richard 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 2.1, Subdivision, "Map of Soundcrest Woods, Section 1" File No. 5315; RUNNING 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.