HomeMy WebLinkAboutL 12862 P 976 I IlIffil 111 lIffi Ilifi 11111 DIII Dill lvi lifil DII III
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 05/03/2016
Number of Pages: 7 At: 01:45:41 PM
Receipt Number : 16-0068799
TRANSFER TAX NUMBER: 15-27552 LIBER: D00012862
PAGE: 976
District: Section: Block: Lot:
1000 097. 00 01 . 00 012 .008
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $1,016,320 .00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $35 .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 $8 .75 NO RPT $200. 00 NO
Transfer tax $0 .00 NO Comm.Pres $0. 00 NO
Fees Paid $288. 75
TRANSFER TAX NUMBER: 15-27552
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages RECORDED
2016 Marg 03 01:45:41 PM
JUDITH A. PRSCALE
This document will be public CLERKLOF
SUFFOLK i:GUMTV
record. Please remove all L 000012862
Social Security NumbersP 76
DT* 15-27552
prior to recording. t
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp I — xecording/Filing Stamps
3 FEES
Page/Filing Fee °j J f Mortgage Amt.
I 1 1. Basic Tax
Handling AS 00 2. Additional Tax
TP-584 J _ Sub Total
Notation Spec./Assit.
�^ or
EA-52 17(County) l..Y Sub Total v Spec./Add.
EA-5217(State) TOT.MTG.TAX
Dual Town
R.P.T.S.A. c�� `� �., i�'.a
Held for AppointmentDual County
Comm.of Ed. 5. 00 ,: ' Transfer Tax
Affidavit -444 ' Mansion Tax
'a ? -2 5 _ _ The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total YES - or NO
Other
Grand Total QW, 5 If NO,see appropriate tax clause on
page# of this instrument.
tip )r' I/-L,7-!1/
1 . iPt7, ,ni.
4 Dist./ 2 3144566 1000 09700 0100 012008 ier 5 Community Preservation Fund
Real Property p T S 11111O ]�®IIIIIIII1l Consideration Amount$
Tax Service R IPA A
Agency 29-APR-•t• CPF Tax Due $
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
/1?4,or le /Joea.s"-I
'5µ1,41'5µ1,41of SDu1I/a4.e- 73 r,e1 SAND PRaseet/Au/d i/ TD
10.4.z5.), /t71 ' TD
SDu i'JD, NY //97/
TD
Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name 5'iwaer Ti rc.E/pus. ee-
www.suffolkcountyny.gov/clerk Title# ST/6-;,151loP.>1
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached C4SD►7cur made by:
(SPECIFY TYPE OF INSTRUMENT)
ijO/NniE OALAEitesE RAS The premises herein is situated in
N.10/(A) C1/)[4,83E SUFFOLK COUNTY,NEWpYORK.
TO In the TOWN of c)DUTtfdz-z,
,---
mud aF ,S'eu7rtitc.d In the VILLAGE
or HAMLET of dG(res1o6leE
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
EASEMENT
EASEMENT, made as of this I tay of April, 2016, by JOANNE CALABRESE and
JOHN CALABRESE, hereinafter collectively referred to as the"GRANTOR", as owner
of the premises known as 34615 NYS Route 25, Cutchogue, New York, and
designated as part of SCTM #1000-97-1-12.8 and shown on a survey prepared by
Peconic Surveyors, P.C. dated November 23, 2015 and last revised December 15,
2015 (a reduced copy of the survey is attached hereto and made a part hereof), an
2.106 acre portion of which is designated as"Excluded Area #1"and an 0.348 acre
portion of which is designated as"Excluded Area #2".
WITNESSETH :
WHEREAS, GRANTOR is the.ownerof-certain real property of approximately
19 acres situate at 34615 NYS Route 25, Cutchogue, in the Town of Southold,
County of Suffolk and State of New York, (the"Property"); and
WHEREAS, GRANTOR has granted to the Town of Southold a Deed of
Conservation Easement dated April/2., 2016 for 16.577 acre portion of SCTM
#1000-97-1-12.8 (hereinafter-."Easement Area") described in the metes and bounds
description attached hereto and made a part hereof; and
• : WHEREAS, GRANTOR has simultaneously executed a Declaration of
Covenants and Restrictions regarding future subdivision of the Property; and
WHEREAS, said Declaration of Covenants and Restrictions does not prohibit
separation or subdivision of Excluded Area #2 described in the metes and bounds
description attached hereto and made a part hereof from the Easement Area,
provided any and all governmental approvals are obtained, including Planning Board
of the Town of Southold, and further subject to sufficient access to the resultant
property, including the Easement Area and Excluded Area #1; and
WHEREAS, Excluded Area #2 provides legal access to the Property from
Main Road (State Road 25); and
WHEREAS, the Town of Southold has obtained a title report from Stewart
Title Insurance Co., Inc. in connection with its purchase of a Deed of Conservation
Easement from Grantor, and said title report has raised an exception to title since
the insured Easement Area does not include access to and from a public road; and
WHEREAS, in order to allow the title company to omit the exception raised
regarding access, Grantor has agreed to grant this easement to the Town of
Southold over Excluded Area #2 for ingress and egress to and from the Property,
including the Easement Area and Excluded Area #1.
WHEREAS, for and in consideration of the acceptance of the Deed of
Conservation Easement, the Town Board of the Town of Southold (the "Town
Board") has required that this Easement be recorded in the Suffolk County Clerk's
Office; and
WHEREAS, the GRANTOR has considered the foregoing and has determined
that this easement will be in the interests of the GRANTOR and subsequent owners
of the Property,
NOW, THEREFORE, be it declared as follows:
GRANTOR, for the purpose of carrying out the intentions above expressed
does hereby grants an easement over Excluded Area #2 for purposes of ingress and
egress to and from the Property to the Town of Southold. This Easement shall run
with the land and shall be binding upon Grantor and upon all purchasers and holders
of the Property, their heirs, executors, legal representatives, distributees, successors
and assigns. If Excluded Area #2 is at any time separated or subdivided from the
Property, then this Easement shall automatically terminate and shall be of no further
effect.
This Easement shall be construed to be in addition to and not in derogation
or limitation upon any local, state, and federal laws, ordinances, regulations or
provisions in effect at the time of execution of this agreement, or at the time such
laws, ordinances, regulations and/or provisions may hereafter be revised, amended
or promulgated.
This Easement shall be enforceable by the Town of Southold, by injunctive
relief or any other remedy in equity or at law. The failure of the Town of Southold
or any of its agencies to enforce same shall not be deemed to affect the validity of
this covenant nor to impose any liability whatsoever upon the Town of Southold or
any officer or employee thereof.
If any section, subsection, paragraph, clause, phrase or provision of this
Easement shall, by a court of competent jurisdiction, be adjudged illegal, unlawful,
invalid or held to be unconstitutional, the same shall not affect the validity of this
Easement as a whole, or any other part or provision hereof other than the part so
adjudged to be illegal, unlawful, invalid, or unconstitutional.
This Easement is made subject to the provisions of all laws required by law or
by their provisions to be incorporated herein and they are deemed to be
incorporated herein and made a part hereof, as though fully set forth.
2
This Easement shall run with the land and shall be binding upon GRANTOR,
its successors and assigns, and upon all persons or entities claiming under them,
and may not be annulled, waived, changed, modified, terminated, revoked or
amended by subsequent owners of the premises unless and until approved by a
majority plus one vote of the Town Board or its legal successor, following a public
hearing.
IN WITNESS WHEREOF, the GRANTOR above named, has duly executed the
foregoing Easement the day and year first above written.
GRANTOR:
01%‘141.41-J2--
3 til! NE CALABRESE
OHN CALABRESE
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On the la day of April in the year 2016 before me, the undersigned, personally
appeared Joanne Calabrese, 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 she executed the same in her capacity,
and that by her signature on the instrument, the individuals, or the persons upon
behalf of which the individuals acted, executed the instrument.
Notary Public
STATE OF NEW YORK) NotaPATRICIA
PuRICI 5 ate Of O"w York
) SS.: No. 01 FA4950f48
COUNTY OF SUFFOLK) Qualified In Suffolk County
Commission Expires April 24, o241q
On the 10{ day of April in the year 2016 before me, the undersigned, personally
appeared John Calabrese, 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 individuals, or the persons upon behalf
of which the individuals acted, executed the instrument.
PahuiLf
Notary Public - -
3 PATRICIA L. FALl.ON
;. Notary Public, State Of New York
No. 01 FA4950146
Qualified In Suffolk County
Commission Expires Apr11 24,'4-6 17
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Development Rights Easement Area
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town
of Southold, County of Suffolk and State of New York, being District 1000 Section 097.00 Block
01.00 Part of Lot 012.008, bounded and described as follows:
STARTING at a monument on the northerly side of Main Road (S.R. 25), said point being
853.34 feet westerly from the corner formed by the intersection of the westerly side of Bridge
Lane and the northerly side of Main Road (S.R. 25);
RUNNING THENCE North 20 degrees 03 minutes 40 seconds West 300.00 feet to a monument
at the point or place of BEGINNING;
RUNNING THENCE South 69 degrees 56 minutes 20 seconds West 50.00 feet to a point,
where the same is intersected by the division line between premises herein and lands now or
formerly of County of Suffolk Palmer Vines LLC;
RUNNING THENCE along said division line the following courses and distances,:
North 20 degrees 03 minutes 40 seconds West 194.32 feet;
South 69 degrees 56 minutes 20 seconds West 167.31 feet;
South 50 degrees 17 minutes 50 seconds West 183.50 feet; and
North 44 degrees 51 minutes 40 seconds West 701.40 feet to a point;
THENCE northeasterly North 45 degrees 08 minutes 20 seconds East 330.00 feet;
THENCE northwesterly North 44 degrees 51 minutes 40 seconds West 278.07 feet to a point,
where the same is intersected by the division line between premises described herein and lands
now or formerly of Pugliese Vineyards LLC Town of Southold;
THENCE along said division line North 45 degrees 08 minutes 20 seconds East 352.32 feet to a
point;
THENCE southeasterly the following courses and distances:
South 44 degrees 58 minutes 30 seconds East 45.07 feet;
South 43 degrees 49 minutes 30 seconds East 655.10 feet;
South 43 degrees 58 minutes 20 seconds East 666.83 feet; and South 43 degrees 51 minutes
40 seconds East 74.10 feet to a monument;
THENCE southwesterly South 69 degrees 56 minutes 20 seconds West 401.42 feet to a
monument at the point or place of BEGINNING.
Said premises being District 1000 Section 097.00 Block 01.00 Part of 012.008 and known as
the "Development Rights Easement Area" as shown on Survey made by Peconic Surveyors,
P.C. dated 11/23/2015, last revised 12/15/2015.
Excluded Area#2
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town
of Southold, County of Suffolk and State of New York, being District 1000 Section 097.00 Block
01.00 Part of Lot 012.008, bounded and described as follows:
STARTING at a monument on the northerly side of Main Road (S.R. 25), said point being
853.34 feet westerly from the corner formed by the intersection of the westerly side of Bridge
Lane and the northerly side of Main Road (S.R. 25);
RUNNING THENCE North 20 degrees 03 minutes 40 seconds West 300.00 feet to a
monument;
THENCE South 69 degrees 56 minutes 20 seconds West 50.00 feet to a point, where the same
is intersected by the division line between premises herein and lands now or formerly of County
of Suffolk Palmer Vines LLC;
THENCE along said division line South 20 degrees 03 minutes 40 seconds East 276.07 feet;
THENCE continuing along said division line along the arc of a curve having a radius of 25.00
feet and a length of 38.91 feet to a point on the northerly side of Main Road (S.R. 25);
THENCE along the northerly side of Main Road (S.R. 25) North 69 degrees 07 minutes 20
seconds East 74.66 feet to the point or place of BEGINNING.
Said premises being District 1000 Section 097.00 Block 01.00 Part of Lot 012.008 and known
as "Excluded Area#2" as shown on Survey made by Peconic Surveyors, P.C. dated
11/23/2015, last revised 1211512015.