HomeMy WebLinkAboutL 12865 P 403 I IIIIIII IIII Alli Alli IIIA IIIA Hill IIIA IIIA 1111 llll
111110111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 05/23/2016
Number of Pages: 8 At: 04:31 : 35 PM
Receipt Number : 16-0079821
TRANSFER TAX NUMBER: 15-29391 LIBER: D00012865
PAGE : 403
District: Section: Block: Lot:
1000 117 . 00 08 .00 018.001
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
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 $5 .20 NO RPT $200 . 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $290 .20
TRANSFER TAX NUMBER: 15-29391
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
1 2
RECORDED
Number of pages
2016 May 23 04:31:35 Fit
JUDITH N. PRSCPLE
CLERK OF
This document will be public SUFFOLK COUNTY
record.Please remove all L 000012865
P 403
Social Security Numbers DT# 15-29391
prior to recording.
Deed/Mortgage instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 I I FEES
Page/Filing Fee Lf° Mortgage Amt.
I 1.Basic Tax
Handling 20. 00
2. Additional Tax
TP 584 Sub Total
SpeciAssit.
NotationOr
_
EA-52 17(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX
aoo Dual Town Dual County _
R.P.T.S.A. ) Held for Appointment
Comm.of Ed. 5. 00 j Transfer Tax
"
,•� .;!i!1� .� ,,�' Mansion Tax
Affidavi 14);Ii
'� ad !�/�- The property covered by this mortgage is
_Certified Copy - C, or will be improved by a one or two
NYS Surcharge 15. 00 ?�V/ family dwelling only.
Sub Total YES or NO
Other �.
Grand Total If NO, see appropriate tax clause on
page# of this instrument.
J Dist. 1000 3155515 1000
11700 0 800 018001
1800 1 ,a 5
Community Preservation Fund
Real Property IIlIIBlum IllP/? Consideration Amount$
( DHoATax Service
Agency 18-MAY
CPF ax Due S
Verification
_ _ proved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
TD i 6
New Suffolk Waterfront Fund,Inc.
P.O.Box 146 TD
New Suffolk,New York 11956 TD
f
Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcountyny.gov/clerk Title#
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Grant of Drainage Easement made
by: (SPECIFY TYPE OF INSTRUMENT)
New Suffolk Waterfront Fund,Inc. The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of Southold
Town of Southold In the VILLAGE
or HAMLET of New Suffolk
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
. GRANT OF DRAINAGE EASEMENT
THIS.indenture made this f day oft14, 2016, by and between
NEW SUFFOLK WATERFRONT FUND, INC. a New York not-for-profit corporation with an
address of 650 First Street, P.O. Box 146,New Suffolk, Town.of Southold, Suffolk County, -
New York 11956, (the "Grantor") and TOWN OF SOUTHOLD, with an.address of 54375 Main-
Road, P.O. Box 1179, Southold,Town of Southold, Suffolk County,New York 11971 (the
"Grantee").
WHEREAS,the Grantor is the owner of a certain parcel of land containing approximately
1.917 acres of land identified by Suffolk County Tax Map number 1000-117-8-18 Iocated on the
east side of First Street and the north side of Main Street in the Hamlet of New Suffolk, Town of
Southold, Suffolk County, New York, as depicted in Schedule A (the "Property"); and
WHEREAS, the Grantee, for drainage purposes,proposes to maintain, repair and, when
necessary, improve and replace the underground drainage system which connects to its existing
drainage system in the bed of First Street to conduct stormwater runoff under the land of the
Grantor to an outflow pipe and opening in the bulkhead on the northerly side of Grantor's
Property(the "Drainage Structures"); and
WHEREAS, the Grantor has applied to the Planning Board of the Town of Southold for
the approval of a site plan for certain improvements to the Property, and the Town of Southold
has required the-grant.of this-drainage easement in-order to secure such approval; and
WHEREAS, the Grantor has agreed to grant to the Grantee this drainage easement;
NOW, THEREFORE, IN CONSIDERATION OF Ten Dollars ($10.00) and other good
and valuable consideration paid by the Grantee to the Grantor,the receipt of which is hereby
acknowledged, this agreement witnesseth that:
1. The Grantor does hereby donate, grant, transfer and convey to the Grantee, a
drainage easement in gross, of the nature, character and to the extent hereinafter set forth,
over and upon the portion of the Property shown on Schedule B,being 20 feet in width
along First Street, and running 200 feet easterly along the northerly boundary line of the
Property(the "Drainage Easement Area").
2. The nature, character and extent of the easement rights hereby granted are as
follows:
(a) The right of the Grantee to enter upon the premises at all
reasonable times:
(i) To install, create and maintain the Drainage Structures on the
Drainage Easement Area; and to repair, improve,replace or remove same as needed for the
effective drainage as more fully illustrated on Schedule B attached hereto.
(ii) To perform such grading, excavation and the installation of such
Drainage Structures as shall be required for the construction,operation, repair,replacement and
maintenance of said Drainage Structures and restoration of any damage to the landscaping,
parking area, and utility installations on the Property.
(b) Said easement for access is limited to the Drainage Easement Area.
Grantee's acts shall not inhibit any access to the Property by others,other than on a temporary
basis as allowed by this easement,and shall be scheduled, except in emergency circumstances, to
minimize disruption to the parking area and other uses on the Property. Grantee will notify
Grantor, except when emergency circumstances render same unsafe, of the periods it intends to
access the Property for the purposes allowed by.this easement, and will endeavor to avoid
scheduling work between Memorial Day and Labor Day weekends.
3. The Grantor reserves the right to the use and enjoyment of the Grantor's
premises to the fullest extent possible without unreasonable interference by the Grantee
in the exercise of the Grantee's rights granted herein.
4. The Grantee further agrees to obtain ail necessary permits from all
governmental agencies necessary to carry out the operations contemplated by this
agreement and to comply fully with same at its own cost and expense.
5. This agreement and the easements and rights.granted herein shall run
with the land and be binding upon the parties hereto and their respective successors
and assigns.
6. Grantee shall indemnify and hold harmless Grantor against all liability
associated with or arising from its own acts or omissions in connection with the use of the
premises. Such indemnity shall include,without limitation, all costs, expenses, damages and Ioss,
including without limitation reasonable attorney's fees, of Grantor, and the amount of any fines,
penalties or defense costs to clear any violations of any environmental or other laws by reason
of the existence of such Drainage Structures, and to pay all reasonable damages to the Property
sustained as a result of the construction,maintenance and/or operation of the drainage thereon by
the Grantee and shall be obligated to restore the affected area in a timely fashion to the condition
prior to the damage.
7. The terms of this easement may not be changed orally,and this writing
constitutes the entire agreement of the parties. Each party represents to the other that
no representations have been made or relied upon by or to either party except those set
forth herein.
8. If any term of this easement shall be determined by a court of competent
jurisdiction to be unlawful, null or void, all other terms shall remain in full force and
effect,
9. Grantor represents to Grantee that the execution of this Easement does
not violate any covenant, regulatory restriction,court order or agreement to which its lot
may be subject,and that the undersigned is the sole owner of the lot and possessed of
full authority to execute same.
10. This easement shall be perpetual unless, by judicial decree or
determination or by written agreement of all parties, the beneficial use of the easement
or either of them shall cease by operation of law or otherwise.
•
•
IN WITNESS WHEREOF,the parties.hereto have executed this agreement the day and
year first above written.
NEW SUF WATERFRONT FUND, INC., Grantor
By: Z c
Patricia E. McIntyre, Chair
TOWN OF SOUT LD, G ntee
By: Aida
Sc_u t A_ usw_ll su ec vLs.
STATE OF NEW YORK:
:ss.:
COUNTY OF
F SUFFOLK:
On this j1'1ay of in the year 2016, before me, the undersigned, a Notary Public in
and for said State,personally ppeared PATRICIA E. MCINTYRE personally known to me or
proved to me on the basis of satisfactory evidence that she executed the same in her capacity and
that by her signature on the instrument,the individual, or the person or entity upon behalf of
which the individual acted, executed the instrument. /V /
N:tary Public
Cheryl Simons
Notary Public,Slate Of New York
No. 31-4970341
STATE OF NEW YORK: Qualified in Suffolk County
Commission Expires February 4,20
:ss..
COUNTY OF SUFFOLK:
On this
] i day of . r(D1 in the year 20I6, before me, the undersigned, a Notary Public in
and for said State, personally appeared- 6 e0+-Q.rkV eu personally known to
me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity
and that by his signature on the instrument, the individual, or the person or entity upon behalf of
which the individual acted, executed the instrument.
4►- Co
Notary Public
reins/drarnageeasementtown2-9-15 LAUREN M.STANDISH
Notary Public,State of New York
No.01ST6164008
Qualified in Suffolk County
Commission Expires April 9,2019
•
•
SCHEDULE"A"
(1 of 2)
Description New Suffolk Waterfront Parcel 1
•
ALL that certain plot, piece or parcel of land situate, lying and being at New Suffolk, Town of
Southold, County of Suffolk and State of New York, being more particularly bounded and
described as follows:
BEGINNING at the intersection of the easterly side of First Street with the northerly side of
Main Street;
RUNNING THENCE North 06 degrees 54 minutes 30 seconds East, 272.54 feet along the said
easterly side of First Street;
THENCE South 83 degrees 47 minutes 30 seconds East, 134.00 feet;
THENCE South 02 degrees 11 minutes 44 seconds West, 1.79 feet along the apparent high water
line to a bulkhead;
•
THENCE the following seventeen (I7) courses and distances along the apparent high water line
and generally along a bulkhead:
1. South 83 degrees 46 minutes 21 seconds East, 40.23 feet;
2. South 82 degrees 14 minutes 52 seconds East,20.90 feet;
3. South 83 degrees 55 minutes 53 seconds East, 39.16 feet;
4. South 83 degrees 43 minutes 00 seconds East, 1838 feet;
5. South 00 degrees 47 minutes 07 seconds East, 12.17 feet;
6. South 02 degrees 22 minutes 54 seconds East,5.32 feet;
7. South 80 degrees 24 minutes 48 seconds East, 3.32 feet;
8. South 02 degrees 31 minutes 37 seconds East,44.19 feet;
9. South 02 degrees 02 minutes 45 seconds East, 28.54 feet;
10. South 03 degrees 16 minutes 25 seconds East,24.34 feet;
11. South 01 degrees 30 minutes 29 seconds West,25.20 feet;
12. South 00 degrees 55 minutes 44 seconds East, 32.85 feet; •
13. South 28 degrees 59 minutes 55 seconds East, 70.80 feet;
14. South 32 degrees 15 minutes 54 seconds East, 9.16 feet;
15. South 22 degrees 14 minutes 14 seconds East, 1.1.26-feet;
16. North 89 degrees 51 minutes 08 seconds East, 14.84 feet;
17. South 28 degrees 55 minutes 00 seconds East, 33.09 feet to the apparent high water line;
THENCE the following eight (8) courses and distances along tie lines, along the apparent high
water line, part of the way through a jetty:
1. South 83 degrees 17 minutes 57 seconds East, 10.90 feet;
2. South 77 degrees 11 minutes 40 seconds East,37.66 feet;
3. South 81 degrees 15 minutes 12 seconds East, 23.01 feet;(referred to below as "Point A");
4. South 06 degrees 54 minutes 30 seconds West, 19.07 feet;
5. North 86 degrees 03 minutes 16 seconds West, 81.72 feet;
6. South 58 degrees 39 minutes 33 seconds West,42.58 feet;
7. South 47 degrees 05 minutes 00 seconds West, 73.61 feet; •
• 8. South 37 degrees 54 minutes 57 seconds West,27.65 feet;
•
I.
• SCHEDULE "A"
• (2 of 2)
THENCE North 32 degrees 45 minutes 00 seconds West, 108.70 feet to the southerly side of
• Main Street;
THENCE the following two (2) courses and distances along the easterly and northerly side of
Main Street:
1. North 06 degrees 13 minutes 00 seconds East,49.50 feet;
2. North 83 degrees 45 minutes 00 seconds West, 192.94 feet to the easterly side of First
Street and the POINT OR PLACE OF BEGINNING.
Containing 93,588 square feet or 2.148 acres of land,more or less.
SCTM Reference: 1000-117-8-p/o 18
Together with the portion of the rock revetment which is located under the apparent high
tide line on July 10,2012 and described as follows:
Beginning at Point A in the aforesaid description and running thence along the high
water line set forth in deed from Peconic Land Trust Incorporated to New'Suffolk
Waterfront Fund, Inc. recorded in Liber 12646 page 869, the following five (5)tie Iine_
courses and distances along the former high water line of Cutchogue Harbor, on and
through a stone jetty:
1) South 81 degrees 15 minutes 12 seconds East,21.64 feet;
2) South 74 degrees 46 minutes 39 seconds East, 62.60 feet;
3) South 04 degrees 11 minutes 29 seconds East, 33.72 feet;
4) North 88 degrees 43*minutes 33 seconds West, 176.52 feet;
5) North 63 degrees 27 minutes 30 seconds West, 31.27 feet;
Thence along the tie Iine of the apparent high water mark of Cutchogue Harbor on
July 10, 2012, the following three (3)courses and.distances:.
1) North 58 degrees 39 minutes 33 seconds East,42.58 feet;
2) North 86 degrees 03 minutes 16 seconds East, 81.72 feet;
3) South 06 degrees 54 minutes 30 seconds East, 19.07 feet to the paint or place of
beginning.
re/NW/App/Sch4Parcell
SCHEDULE B
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