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.