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HomeMy WebLinkAboutL 12862 P 976 I IlIffil 111 lIffi Ilifi 11111 DIII Dill lvi lifil DII III 1111111111111101111 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 i r Ogiq Cil 4f� ;: 1 D V ele a i \11 \\ li A*/ lid // Q ri ger rb'e�v / ,y'j 1-,,,r:,,„,,,,„,:, ..4,„D OM1* •# , - ° / &O ,-7 .0„ �j �YQ'��'�G,.,�(- �. .rte i 4 1\ /f -Th ..4' •• ' � f .-.0:'—' v \,,_ J J o r' ili ii ..,,,,,N\ �/7 ct; , '� �; oil 565 55 4'\l Q� j 6�` a )11!4ii Iii ...."`•'i.444 / . .. . • t //X\%k:4., ,,,t,"\\\ ill! 4111 1 .1/4.41 / rte • Yil Yie 11 I ire _ ... 1 ' lib 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.