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Home My WebLink About1000-22.-3-2 ' ti�t , �;�`�o� � CC# : C16-5956 . � - �;��,. � ;,��•, �t �_ �°�'��,t�;� , ��a��4�� st�� •v�5�4r� � COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original � DECLARATION recorded in my office on 02111/2016 under Liber� D00012852 and Page 490 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 02/11/2016 . � , SUFFOLK COUNTY CLERK , �i,��x-.L Q. �a..e.�a..�.�. JUDITH A.PASCALE � SEAL S I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I IIIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFE'ICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 02/11/2016 Number of Pages : 7 At: 01 :51 : 40 PM Receipt Number : 16-0021419 LIBER: D00012852 PAGE : 490 District: Section: Block: Lot: 1000 022 . 00 03 .00 002 . 000 EXAMINED AND CHARGED AS FOLLOWS 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 $0 .00 NO Notation $0 .00 NO Cert.Copies $8 .75 NO RPT $200 : 00 NO Fees Paid $283 .75 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County f �., _ , ` ' , �� p . �:��1fiFE�E�� Number of pages - ;�i�1_N [=�b l i �71�5 ry n�� f�h1 , _iRlt-��T�-i !=l u P��G�!E , . ��LLFi�. �i= ` This document will be public . ;�}rFr��;: c;��ir��T;� record. Please remove all L i}i I{I�],'i.1�t Social Security f�umbers F� `�� prior to recording. - � . Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording%Filing Stamps 3 . FEES Mortgage Amt. Page/Filing Fee 7.Basic Tax Handling � 20. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation , or M1 ' `'' EA-5217(County) Sub Total - � � Spec./Add. , TOT.MTG.TAX EA-5217(State) � ' Dual Town Dual County R.P.T.S.A. �� , Held for Appointment Comm.of Ed. 5. 00 - �� ' ' � Transfer Tax ;,�� _, - MansionTax Aff �it � _ ,� �� The property covered by this mortgage is Certified Copy �� , or will be improved by a one or two NYS Surcharge 15. 00 �� family dwellirig only. Sub Total � � o YES or NO � ' . Other Grand Total �� '�``�'°� f NO, see appropriate tax clause on ge# of this instrument. � � � ' -- ----------- -- - , ,� . �� 3098790 1000 02200 0300 002000 �00 5 Community Preservation Fund 4 Dist. � �. Real Properfi � CW A IIIIIIIIIIII�III�IIIIIIIIIIIIIIIIIIII�IIIIIII Consideration Amount� Tax Service 11-FEB-16 Agency CPF Tax Due �$ Verification - . Improved � 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address � RECORD&RETURN TO: Vacant Land � ' � TD Charles R. Cuddy;Esq. TD PO Box 1547 ' Riverhead,NY 11901 " TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Informa�ion 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# s . Suffolk County Recording & Endorsement Page This page forms part of the attached Declaxation of Covenants and Restrictions made by; (SPECIFYTYPE OF INSTRUMENl� Aries Estates,LLC The premises herein is situated in � SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold • Town of Southold In the VILLAGE or HAMLEf�of East Marion BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ' , over . . , I I, . ' . ._I� �'_.._'_ _ .. ` _ _ ' ' , ,.� t � 1 IMPORTANT NOTICE _ . � If the document you've just recorded is your SATISFACTION OF MOR TGAGE please be aware of . the following: _ If a portion of your monthly mortgage payment included your property taxes,you will now need to contact your local Town T ax Receiver so that you may be billed dir ectly for aii future property tax statements. Local -property taxes are payable twice a year: on or bef,ore January 10m and on or before May 31n. � Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue � North Lindenhurst,N.Y. 11757 � Riverhead,N.Y. 11901 (631)957-3004 (631)727-3200 ' . Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y. 11738 " Shelter Island,N.Y. 11964 `(631)451-9009 ' (631)749-3338 � East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes - 300 Pantigo'Place . � 99 West Main Street East Hampton,N.Y. 11937 . Smithtown,N.Y. 11787 (631)324-2770 . (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes ,100 Main Street , _ � 116 Hampton Road Huntington,N.Y. 11743 , , -Southampton,N.Y. 11968 _ (631)351-3217 , (631)283-6514 �, Islip Town Receiver of Taxes - Southold Town Receiver of Taxes - 40 Nassau;Avenue� � 53095 Main Street Islip,N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631)765-7 803 ' _ Sincerely, - �. 4�..�. 1*�'`i��.�-.y,�;� � - � Judith A.Pascale , , _ Suffolk County Clerk , dw - 2/99 . � ,' ' � , 12•0704.06/06kd - i t ,�1�`� t ' __,' ` DECLARATION OF COVENANTS AND RESTRICTIONS � THIS DECLARATION,made this 1 S` day of June,2015,by Aries Estates,LLC a New York Limited Liability Company with office located at-535 West 23rd Street, New York, NY 10011, hereinafter referred to as the DECLARANT: - WITNESSETH : � WHEREAS,the DECLARANT is the owner in fee simple of certain real property situate at East Marion,Town of Southold,County of Suffolk,State of New York,known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A,which real property is the subject of a pending subdivision application; and � WHEREAS,for and in consideration of continuing subdivision approval the Planning Boaxd r of the Town of Southold has deemed it to be for the best interests of the Town of Southold,the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots 1 and 2 within the Standard Subdivision Map of Shawn Tully(hereinafter"Subdivision Map") ,which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs, executors, legal representatives,distributees, successors, and ; , Page 1 of 4 . " - - „ , _ � , � . �.. . , . , • . J - ' � ' ` � � { � • aS.Sl�s� L��It. 1. The owner of lot 2 as shown on the Subdivision Map to be filed with the Suffolk County Clerk shall have an easement for utilities maintenance,repair and replacement along and under that area of Lot 1 where underground utilities have been installed to service both lots 1 and 2. 2. The owners of lots 1 and 2 shall be equally responsible for maintaining the common driveway access to and from Stars Road over a 50 ft. right of way on the premises known as � SCTM#1000-22-3-1 to the subdivision property line. Maintenance includes but is not limited to repairing with fill, clearing and snow plowing. 3. The driveway construction on lots 1 and 2 must meet all requirements of Chapter 236 Storm Water Management of the Southold Town Code to ensure that all storm water run-off is � contained on the subject property. Prior to installation, all proposed driveways and drainage must be reviewed and approved by the office of the Town Engineer. 4. The existing dirt driveway that runs through the open space must be abandoned after final subdivision approval is granted. A driveway is not a permitted use in the open space. 5. There shall be no further subdivision of any of the lots as shown on the approved and filed Subdivision Map, in perpetuity. 6. No future changes shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. 7. There shall be no residential structures permitted in the Open Space Area as more fully described in the Open Space Conservation Easement recorded with the Suffolk County Clerk. 8. Land clearing restrictions shall not apply to construction of agricultural structures, such as barns, in the area north of the driveway terminus, as shown on the Subdivision Map. 9. Pursuant to Chapter 236 Stormwater,,Grading and Drainage Control Law of the � Southold Town Code, all stormwater sha�ll be retained onsite. 10. Prior to any construction activity,the project will require a General Permit for storm-water run-off from Construction Activity(GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination , Page 2 of 4 _ '. _ � .i_ " ' _ _' I' _, 1 _ . � � i I r ' System(SPDES)Program. 11. By this Declaration, future residents bf tlie lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII,Farmland Bill of Rights, of the Southold Town Code. 12. All utilities must be located underground. 13. Pervious driveways and the access right of way designated on the Subdivision Map as"15 ft.right of way with stone blend driveway"shall be used to serve each of the lots on the approved Subdivision Map. 14. Structures with impervious materials shall control and retain surface water run-off , through the use of gutters, leaders and subsurface drywells as required by Chapter 236 of the Southold Town Code. 15. Landscaping on Lots 1 and 2 shall include native, disease-resistant and drought- tolerant plants. � 16. Vegetation within the 100'non-disturbance/non-fertilization buffer area as shown on the Subdivision Map to be filed with the Suffolk County Clerk shall remain in its natural state in perpetuity.Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property.Notwithstanding the above,the non-disturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation and as set forth"In Native/Natural Buffer Plantings Specifications"subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited.The clearing of any kind is prohibited,except to maintain the"wood ramp" access over Lot 2 and a 4 foot wide unimproved path to access the beach from Lot 1. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated,revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. _ If any section, subsection,paragraph, clause,phrase or provision of these covenants Page 3 of 4 . � , - � _ _ t �f `. , and restrictions 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 these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid,or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the 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 einployee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. - That the within Declaration shall run with the land and shall be binding upon the Declarant and its successors and assigns, and upon all persons or entities claimirig under them,and may not be ' annulled,waived,changed,modified,terminated, revoked,or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Aries Es es�LLC ' By: l� ��- , Shawn Tully,Member STATE OF NEW YORK ) COUNTY OF h1�,''� Y`��` � ss.: i � On the ��day of ��N� 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. LZ�%� C� Notary Public • - -_ ' ML'LINDA CHU Notary Pubiic; State of New York ' Page 4 of 4 ' No. o�CH5o1o955 � Quallfied ;� ICings Cou:�iq ' Commission Expires May 12, 2d 1� - _ , . r }` ' � � ♦ ! � C . � i . '" - � , . • o • SCI�EDULE ��A" • . .. ` � ALL that certain plot,piece or parcel of land, situate, lying and being at East Marion, in t11e Town of Southold, County of Suffollc and State of New York,being more particularly bounded and described as follows: ' EEGINNi'ivG at the southeast corner of the premises herein to be described distant the following thirteen coursas and distances from a monurnent set at tlie 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 Vtrest 196.87 feet; � 3. South 57 degrees 12 munutes 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 manutes 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 99.97 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; AZ�NNYNG'T�1�tC]E from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... --- -.._. _. . - -- -� �-- -.. .. ._._-----�----- -�- ---- -�- -- --- _ _._... ---- -- -- ---.. � ; � ; ; � , � ; i . , ; � � � F . J� �� . , � l, � � ` o- � i � o - d � , Schedule"A" RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210.60 feet to a monument; RUNNI1vG THENCE along the land now or formerly of Shawn P. Tu11y North 11 degrees 13 minutes 50 seconds West 1584.79 feet to tha high water mark of Long Island Sound as located on Feb. 8,2006; . , � RUNNING THENCE along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South$0 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; , RUNNING TAENCE 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 BEGINIVING. - -,�v_ . . ,.._.�.�.��..__�.-.�__-__.,�� _��-__�:,.r_ .,,��-_� _. , rY�. .., . .-«.:�.�.,.. ,�, _.. ____4.r�_�-n-�._-.r.:—.-.zn.,._-.: - -a�. 4..- --..�. w_�, , � ' � ` � � , , . . � � ' � � , . � , , , , �;- �`"�' , ,�ti,; a`� �y ;'� CC#: C16-9693 f, � �� r�.o ' y�'� _ � tt `�� .��y ` •�� ' 4 f� +i:' � _ ,"��yf'��', c.... �� ' +, <7�ct 1 ' `4 +yb<��tn COUNTY CLERK'S OFFICE STATE OF NEW YORK � COUNTY OF SUFFOLK t � � I, JUDITH A. PASCALE, Cle�k of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 03/04/2016 under Liber D00012855 and Page 101 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 03/04/2016 . SUFFOLK COUNTY CLERK �i��x-.L Q. �a.�ca_.:¢�� JUDITH A.PASCALE ,� . = SE�d� `" - ' , , '. , , � —, 1. , '., � " ' , � �-_- �-= r � � � l � ' I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I IIIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 03/04/2016 Number of Pages : 16 At: 02 :43 :17 PM Receipt Number : 16-0033544 ;TRANSFER TAX NU1�ER: 15-21670 LIBER: D00012855 PAGE : 101 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 Exempt Exempt Page/Filing $80 . 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 $20 . 00 NO RPT $400 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $545 .00 TRANSFER TAX NUL�ER: 15-21670 � THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County J S ti `�.sr� ¶ I� � - � t u ' , �:�C�]F..r�EL� ,� ..''.!]1F F`�df la'i• [I�e'-1,.?a1�� I'� Number of pages 0 � : .� � . ; , ° ;;,' , ' , � :i1JC�IT� ��o F'�I�,CEaI_� � .. . . .. .. _�. _.e i.LE�:t. i�� ;I I�Ft iLt;: �=:�Ut�T'i' 1"his documeh� wils be p�ab�ic � �''��'�'fiL;�c �ecord. Please rernove a9! � � ��"+� - . �yT� i5-�i1'r'��'�1 Socia� Secu�ity`Nurra�er'sr, , � ., - , � � ". --.. - _ , . <, , . � , - _, .: . � „ � ., ' praor to eeco��i�ag. - . . Deed/Mortgage Inst'rumentt��::<`�`.' ` '�Deed'7`Mortgage�'Tax'Stamp �' ' t � •' �Recordin`g/�Fili�ng Stamp`s � - _ , , � . . , ., .. � - f 3 FEES � � � Mortgage Amt. Page/Filing,Eee - _. • _ • � . �_ - . - �_ , � �, � �1,.Basic Tax Handling 20. 00 . . ' , .. . . , . . 2. Additional Tax TP-584°� -� _ �. •, "�� "� ' � . , - � - .` � . Sub Total: . Notation Spec./Assit. EA-5217(County) � . � '�� , . . �� _�n" �Sub�Total. I�� Speco./Add.• . . � , , � , � � �, , , , EA-5217(State) - � � �� -� . ,�-�-- TOT.,MTG.TAX � ' `' y = ' Dual Town � Dual Gounty R.P.T.S.A. �4 �� b�� Held for Appointment Comm.of Ed. " � 5.`�00`� ' ` ;" �� TrarisferTax' �>"""— ,. �� ," �'�r,,` „ .,. ;,: ., ,�,�.', � Mansion�.Tax . AfFidavit --, �� : : . ' , %, Q0 ` , �-y,;� - _•G;-; <,;.s:= � �- � ��'` �1Y�� The property covered�by this mortgage is �°,��;Certifiecl�'C'opy'�::�;';�.� or will be improved by a one or two ...��,w �� ` `� � family dwelling"only. '''� NYS Surcharge � `15:'00 '" " ��'�� y/��d� ..-.--- , .. � ^Sub TotaC�� ' a��"/ .°�Q=G.J -YES or N0� Other -- - ,,, �� .� , �;� �— .�J� ` � . , . :•, � Grand Total=� S "� If N0, see appropriate tax clause on , page# of this instrum n�t,., ' �, - ,: .. , , . . _� 4 Dist. 1000; � i 5 Cornmuno�y�r�serva�io�IFione9 � 3103174 � . - � �• - • -� ' ' -,! � � �- Real Property P T � ; � Consideration Amo�urit$� Tax Service R �C�� }� I IB�I��III�I�I�II��I��III�)II�II I�II�I�I I � , - �, , � ,, - Agency ,�a_��g_�� CPF Tax Due - , $ Verification � , �� .. � �------- - ----------------�,--------- --.____.---- ----�--- ° � � Improved. � , , 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address ' �� - R�CO�D��'iTdt1`i�O: Vacant Land , , T�� — - • Charles R. Cuddy,Esq. - � � ' PO Box 1'S47 � ' TD , Riverhead,�NY�1,1=901, �',. . w, . - - . ,,, " TD Mail to: Judith A. Pascale; Suffolk County Clerk 7 '�i�l�tCompany�a��o��xi��aoaa , 310 Center Drive, Riverhead, NY 11901 co.Name www.suffolkcountyny.gov/clerk Title# � � ��fl� �� °�fl�� .�� This page forms part of the attached Open Space Conservation Easement made . by: (SPECIFYTYPE OF INSTRUMEN� Aries Estates,LLC 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 East Marion � BOXES 6 THRU�MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ' over . , a � � , . � �Y ` p T � , . . = �� Stat ID: 3103174 2�_��_�� iX ��5 D6s�eoc� S�c$on ��o�9c L�� c�r��@ Das�Pec� 1000 02200 0300 001000 ORIEfVT-EAST fViARIOiV 1000 02200 0300 002000 ORIEiVT-EAST MARION , • � ,5 `^ — ��•.� ��V..+rv"' Y�l V��l:J�1�1 V lll��l V e�•��.}.�J�� THIS OPEIV SPACE CONSEI�VATION EASEMENT is made on the 31St of August 2015 at Southold,New York. The parties are Aries Estates,LLC a New Yorl�limited liability company with office at 535 West 23rd Street,New York,NY 10011 (herein called"Cirantor") and the Town of Southold, a municipal corporation,having a principal office at 53095 Main l�oad,PO Box 1179, Southold,N�' 11971 (herein called"Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County,New York, identified as SCTIVI#1000-22-3-2, and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision 1VIap of Shawn Tully prepared by Howard Young,Land Surveyor,which map is to be filed in the Suffolk County Clerk's office; and described in Schedule A, and hereinafter referred to as the "Premises." Whereas, GenerallVlunicipal Law Section 247 provides for an acquisition by designated governmental bodies and�entities, including Towns, of fee title or lesser interests in real property, including conservation easements, which may be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural quality; and Whereas, Grantee warrants and represents to Grantor that Cirantee is a municipal corporation organized and e�isting under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas, Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60% of the buildable lands as open space in perpetuity; and , ' _ J � Whereas, as a condition of approval of this standaxd subdivision plat and to further the Town's goals of land preservation,the Southold Town Planning Board has required tlu�s Open Space Conservation Easement be placed over 6.3286 acres portion of the subject properly described in Schedule B, attached hereto and made a part hereof, shown on the aforeme'ritioned Subdivision Map as the " Open Space Area No. 1"and"Open Space Area No. 2"and hereinafter referred to as the"Easement Area;" and Whereas, as a condition of said approval,the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision 1VIap; and NOW THEI�EFORE, Grantor hereby grants,transfers and conveys to Grantee, an Open -1- , , ; / . \, � _ Space Conservation easement in gross,which shall be binding upon and sha11 restrict the premises shown on the�aforesaid subdivision map,herein referred to as the Easement Area, more particularly described in and designated in Schedule B annexed hereto and made a part of this instrument. 0 O1 Cirantor's Warranty and Liens Subordinated Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Easement Area described'in Schedule B, and possesses the.right to grant this easement. , Grantor has the right to use the Easement Area as collateral to secure the repayment of debt, provided that any lien or mortgage or other rights granted for such purpose,regardless of date, are subordinate to Grantee's rights under this Easement. Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording, foreclosure or any other action taken concerning any subsequent lien or other interest in the Easement Area. 0.02 Purpose The parties recognize the open space, scenic,natural resource and agricultural values of the Easement Area and have the common'purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by C'rrantor to Grantee, -exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic, and natural resource qualities, including agricultural soil, by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof,in furtherance of federal,New York State and local conservation policies. 0.03 Boundarv Markers The Easement Area boundary shall be marked by concrete monuments at each corner. 0.04 Recitation In consideration of the recited facts,mutual promises,undertakings, and forbearances contained in this Easement,the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EAS]EMENT 1.01 Tvne This instrument conveys an Open Space Conservation Easement(herein called the _ "Easement"). This Easement shall consist of the covenants,restrictions,rights,terms, and conditions recited herein. Reference to this"Easement"or its"provisions" shall include any and all of those covenants, restrictions,rights,terms and conditions. -2- " , , ,. � ��_�.. 1. �,, , , 1.02 Duration . This Easement shall be burden upon and run with the Easement Area in perpetuity. 1.03 Effect � � This Easement shall run with the Easement Area as an incorporeal interest in the Easement Area, and shall extend to and be binding upon Grantor, Grantor's agents,tenants, occupants,heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor"when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every on of its subsequent agents, successors, and assigns, and the word"Grantee"when used herein shall include all of those persons or entities. . - ARTICLE TW.O CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grants,releases, and conveys to Cirantee this Easement;in perpetuity,together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. � ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement,the following acts,uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by . the provisions hereof. 3.01 Structures and Improvements . J, I No structures or improvements may be erected or constructed on the Easement Area except as permitted by Section 4.04 hereof. , " � 3 02 Excavation Gradin�and Removal of Materials, Minin� _ � - The excavating, grading or filling of the Easement Area, except as may be necessary�to construct and maintain permitted structures and improvements on the Easement Area as provided in Section 4.04 hereof, is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Easement Area be changed except to construct and maintain the permitted structures and improvements on the Easement Area and for purposes of erosion conErol and soil management. -3- ,. � ti� � ', , ,� ' � 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Easement Area. 3.04 Dum�in� The dumping or accumulation of unsightly or offensive materials including,but not limited to trash, garbage, sawdust, ashes or chemical waste on the Easement A'rea is prohibited. This prohibition shall exclude materials used on the Easement Area in the normal course of sound agricultural practices, including fertilization and composting(for use on-site only). Commercial production of compost is prohibited. 3.05 Si -�ns The display of signs,billboards, or advertisements is prohibited, except signs whose placement,number, and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes: (a)to state the name and/or address of the Easement Area and the names and the names and addresses of the occupants,b)to temporarily � advertise the Easement Area or any portion thereof for sale or rent, (c)to post the Easement Area to control unauthorized entry or use, or(d)to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. � 3.06 Soil and Water � Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Ve et�ion Except for farming and landscaping as set forth at Section 4.04 the removal of trees, shrubs, and groundcover, is prohibited without the prior written consent of the Southold Town I'lanning Board. 3.08 Commercial Livestock � � Except as provided in Section 4.04 hereof,the use of the Easement Area for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the US , Environmental Protection Agency shall be prohibited. 3.09 Uses - 'I'he use of the Easement Area for any commercial or industrial purpose is prohibited. Bona � fide agriculture as defined and recognized by the New York State Department Agriculture and Markets shall not constitute a commercial activity for the purpose of this easement. -4- -` . � ,. � c ,� . . 3.101�raina�e ' , The use of the easement Area as a leaching or sewage disposal field is prohibited. The use of the Easement Area for drainage is prohibited, except to control flooding or soil erosion on the Easement Area a's a result of uses permitted in Section 4.04. 3.11 Development Rights . The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor,recognizes that development rights in the Easement area have been extinguished. ARTICLE FOUR - GRANTOR'S_RIGHTS 4.01 Ownershin ; Subject to the provisions of Article Three, Grantor sha11 retain all other customary rights of ownership in the Easement Area, some of which are more particularly described in this Article Four. ' - 4.02 Possession ' Grantor shall continue to have the right to exclusive possession of the Easement Area. 4.03 Use � Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent witl�and not prohibited by this Easement or applicable local,New York State, or federal law. � , 4.04 Permitted Uses and Structures � • Grantor shall have the right to clear vegetation, mow,maintain and cultivate tHe Easement Area for the purposes of planting field crops, fruits and vegetables as well as providing a paddock area for horses; further the Easement Area may be used for low-impact passive recreational uses such as non-paved walking trails and picnic areas. Fencing to protect crops or to contain horses may be constructed with no prior approval from the Planning Board. The well located on lot 2 is a permitted use pursuant to §240-44 of the Southold Town Code. Excluded from these permitted uses are all other structures and uses not specifically identified as allowed in this Easement, including but not limited to any type of paved areas(except if any is permitted or required for the right of way),tennis courts, swimming pools, off-road motorized vehicles (e.g. dirt bikes,"ATVs"), shooting ranges, and other uses similar in character and potential impact as determined by the Planning Board. � � -5- ' � , , % i In addition,the Grantor sha11 have the right to complete (in accordance with the approved road and drainage plan),use and maintain the 25 foot right of way and any associated improvements providing access along the western property line as shown on the final subdivision map. In the alternative,the Grantor shall have the right to relocate the 25 foot right of way to the eastern property 1'�ine if the following conditions are met: � 1. The Grantor must obtain a 15 foot right of access for.purposes of ingress and egress over the parcel to the east of the subdivision(designated as "now or formerly Patricia D. Garvey"on the final Subdivision Map); and 2. The Grantor must obtain an amended subdivision approval that abandons the access along the western property line, and creates a new access along the eastern property� line of the 15 foot right of way, as shown on the Amended Subdivision Map; and 3. The Grantor must remove the origina125 foot right of way on the western property line and restore it with vegetation to the satisfaction of the Rlanning Board and consistent with the purpose of this easement. ARTICLE FIVE � GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay a11 taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Easement Area, including any taxes or levies imposed to make'those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any , rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold hartnless for any liability, costs, attorney's fees, judgments or expenses to Grantee or any of its officers , employees, agents or independent ., contractors arising from the physical maintenance or condition of the Easement Area or�from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. _ � 5.03 Third Pariv Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fee, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting:(a) from injury to persons or damages to property arising from any activity on the easement Area, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and(b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent -6- . ' , , ; _ contractors. , ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entrv and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times, upon prior notice of at least thirty(30) days to Grantor,unless-C'irantee determines that immediate entry is required to prevent,terminate or mitigate a violation of this easement, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee, its successors, assigns, agents, attorneys, representatives and affiliates shall not interfere with the Grantor''s use and quiet enjoyment of the Easement Area. Grantee shall have the right to ' enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii)hereof,nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement, (irantee shall have the right to require Grantor to restore the Easement Are to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Ri�hts of Cirantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or.performed pursuant to this - Easement is not cured by Cirantor within fifteen(15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violati�n which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's,sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto, or -7- � -`� ,. � � � . __ F` - � (iii) ' To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement;provided, however,that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this easement has occurred, Cirantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section 6.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other'remedy or relief at any other time. � � ARTICLE SEVEN ' � MISCELLANEOUS 7.01 Entire Understandin� This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment . ' •, � � , , . , . J Grantor and Grantee recognize that circumstances could arise which justify ainendment of certain of the terms, covenants, or restrictions contained in this Conservation Easement, and that some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument, provided that in the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town Planning Board, and upon recommendation of the Southold Town Planing Board with a majority plus one vote in favor, such amendment or discretionary consent further or is not inconsistent with the purpose of this grant. Amendments will become effective upon recording. Notwithstanding the foregoing,the Grantee and Grantor have the right or power to consent to any action or agree to any axnendment that allows development other than structures already allowed in this document, or that would result in the substantial alteration to or destruction of important natural resources, contradict the purpose of this easement, or limit the term or result in termination of this Conservation Easement, or adversely affect the qualification of this Instrument or the status of Grantee under applicable laws including New York State General Municipal Law §247. -8- � - - � -- --- � - . , i ' ,. • ', �� ; , 7.03 Severabilitv' . If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid,the remainder of the provisions of this Easement and the application of such � provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. ' 7.04 Notice All notices required by this Easement must be written.lVotices shall be delivered by hand or express, certified or registered mail,return receipt requested, or by certified mail,with sufficient prepaid postage�xed ancl with return receipts requested. Mailed or expressed notice to Grantor � shall be addressed to Grantor's address'as recited herein, or to such other address as Grantor may designate by notice in-accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office,recited herein,marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04.Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation,breach,violation and performance, except as provided in Section 7.06 hereof. 7.06 Interpretation ; Regardless of.any contrary rule of construction,no provision of this Easement sha11 be ' construed in favor�of one of the parties because it was drafted by the other party's attorney.No alleged ambiguity in this Easement shall be construed'against the party whose attorney dxafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision shall be given such interpretation as would render'it-valid and be consistent with the purposes of this Easement. Any rule of strict construction.designed to limit • the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement,,and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited herein,be construed at all times and by all parties to effectuate its ptuposes. 7:07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant,to the public � any right to enter upon the Easement Area. 7.08 Warranties � � The warranties and representations made by the parties in this Easement shall survive its ' ' -9- .,_ _.,,_._.. .__.l ,--_. ,._._ .. .__-,+-- ..._ _.__. _ , ._�__._..,_. , .��.�._._ ___._____�..��._ �..._..._,.� _....�,_._._. _. _ , ; , i , ,. � � � � . ' • i � execution. ; � � , 7.09I�ecordin� ; Grantor shall record this Easement in the land records of the�office of the Clerk of the " Couniy of Suffolk, State of New York. 7.10 Headin�s , � The head'ings,titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Entire Agreement ! This instrunient sets forth the entire agreement of the parties with respect to the Easement Area and superce',des all prior discussions,negotiations understandings or agreements relating to ' the Easement Area all of which are merged herein. 7.12 Authorization � Grantor warrants that the conveyance of this Easement has been duly authorized by its members and Grantee warrants that acceptance-of this Conservation Easement has been duly authorized by res'olution of the Town Board. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Dee'd of Open Space Conservation Easement on the day and ar�et fo�above. ' Aries Est �, LLC � � sy: �� . , Shawn Tully, �Iember'/G"rantor • .,,�' _- , � , � Town of�outhold(Grantee) , By: � �` ', .;�,� a �;�� , Supervisor ' I , - , ' � -10- , , � ' -- . -- , � �I , .. � .� ...�. � ._. _... _,�_.�_�.,_.�,,.___ ._._,---_� .. . _ ...._. __. «._.. _, , � _ , ._. _ . �__ _ - - - -, ._ _ . i i � I . i . , , i � �• � I � STATE OF NEW YORK ) , ) ss.. COUNTY OF �,�'1i� Yp��- ) ' 5� � ' On the L day of J �� in the year 2015, before me,the undersigned,personally appeared SHAWN TLTLLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be tlie 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. 1, = r=�'�'�� ' , ' C/�"G'G� ' '''"+*'�,t'V h�'W�a� � � ' ' Notary Public - ';'<� + ',„w �` �°�� ' . . � � �{`ra�`;",� ° _ ' . ' '3` ^,-V�r R� �` �r�;' f, � ��L��&� `��,�""'r„� t ;,;...� ,,��;,," � , , :.J, y"�U9u: ;'i�y�,�,^` � f�1�8��1,�p �86�/��pq5��+��j�d�pil9�c�SY�(�3 ��''-�.*;' ,r,�.:°�,. ,P'FrV .d3"rfp.:� Bt7�. ��I�+JWcA�0��+� '' c1? � ,�t"`: , STATE OF NEW YORK ) ��E6�i�� u� �CO�gs�� `� ` ,`';��r,;�,'; `�e �4Jp+ � � ) ss.: �oeviret6��6on �xp'oe��ii��y��a 2�� , � COUNTY OF SUFFOLK) �� S� � On the�� day of�,�.��in the year 2015, before me,the undersigned,personally appeared��(A,� ' ; ,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. ' � � �U , � � tary Public �fl�6��C��.�`��o�C� � ��4��uf�96�,�4�8c��6��e�a�� ,. � , , fii9�.�9��6�64��3 . ' ' - , �fl8��1�1@�1 OP�t�i!&�$�9�8(��G06� - � ��a�ou��a��I��bPeg��e�b ga��`�� , i , i � =11- � . ._ - - - ; - __��__._...._ __�._.��...�.�_�.�� ._�.. :��..��., __.�._._,.. LL ,._ .�., -- ._.e _.._ ,. . ' I � a i i , , . . • � ,. •� ' � • � � u • ' 9 I ' • . • SCI�EDULE 1PA" , � ; . . . , .. . AIL3L 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 desc�ibed as follows: � � , ��fG�II��G at the southeast corner of the prsmises 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 I 1 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 2136 feet; 5. North 57 degrees 12 mu�utes 00 seconds East 79.80 feet; 6. North I 1 degrees 00 rr�inutes 10 seconds West 89.15 feet; . .7. North 10 degrees 31 minutes 20 seconds VV'est 225.46 feet; �8. North 1 J. degrees 50 minutas 20 seconds West 126,14 f�et; . �, � . 9. North 10 degrees 33 minutes 00 seconds West 1�1.92 feet; � , , . ' 1 ' . 10. North 11 ;degrees 09 minutes 00 seconds West 99.97 feet; -- � � _ 11. North 13'�degrees 21 minutes 30 seconds West 174.98 feet; " i - 12. South 75�degrees 12 minutes 30 seconds West 88.17 feet; _ 13. South 69'�degrees 52 minutes 30 s�conds West 90.76 feet; . �,�lI�1Tl�tG'�'��1�d�CE froin said oint of be inuin South 69 de ees 52 mint�.tas 30 seconds � b g �' Vijes1: 1203I feet to a monument; , � ' . continued ....,.... ; - � � �,�„_,�,,_._. _�_�_��u�.�...u.-�.«IT.�_,._r..._ {�.�,r-,.uF.�.a.. � ........___�_.z.�_._.._..... .�.s��,..�.__�..._..._�.._,___..,�_.._w._..�. . ._____.._..��._, _. .---_��.� _��.,�...._,.�.�.....__ _ . ._ _ . ... ._.�. �.__ _._.__ i__ ._ __ �_.,, .. _, __ . _,_._,._ _.__._ .u_ �.__�_..w,___�__. �_,__.._.w., . .. . --- - � I . , { { i - j { , • a � t � • � � - a Schedule "A"'; ' � . � � , 11��TI�1�t�']��]EI�t�� South 87 degrees 48 minutes 30 seconds West 210,60 feet to a , monumenf; "A$�1�T�'�'�1�FC� along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 se,conds West 1584.79 feet to the high water mark of Long Island Sound as located on Feb. 8,2006; . ��I�T�'JI'�I�TtC]E along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.4'S feet; � . 2. South$0 degrees 18 minutes 22 seconds�Easfi].50.19 feet; 3. South 88 degrees 44 miriutes 31 seconds East 86.81 feet; ' , � �8�]I�1�dG�'�I�d�lE along the land now or formerly of Paixicia D. Garvey South 11 degxees . 19 minutes 5.0 seconds East 1473.97 feet to the.point or�lace of��Gltl��l�t�a i . , . ; _ , i` � � , a . , � �n . , � I �` _`� � SCHEDULE "B" , Shawn Tully ' ` � ` at East Marion,'Town of Southold Suffolk Countq,New York Surveyor's I�escription - Open Space Area - , Town of Southold Conservation Easement over � Lot 1, Subdivision, "Shawn Tully" ALL that certain plot,piece or parcel of land with the buildings and improvements thereon , erected, situate; lying and being at East Marion,Towri of Southold, County of�uffolk and State � of New York,known and designated as Open Space Area No. 1Town of Southold Conservation Easement, Subclivision, "Shawn Tully",more particularly bounded and described as follows: BEGINNING at a point on the division between Lot 1 and Lot 2, Subdivision, "Shawn Tully", said point lieing situate the following four(4) courses and distances as measured from the easterly side of Stars Road: 1. North 79 deg.46 min. 30 sec.East 184:04 feet as measured along Lot 21,Map of "Soundcrest Woods, Section 1", Suffolk County File No. 5315, 2. South 84 deg. 54 min. 00 sec.East 150.06 feet as measured along Lot 10, Subdivision,"Highpoint Woods", Suffolk County File No. 10035, 3. North 11 deg. 13 min. 50 sec.West 25.31 feet as measured along land now or � formerly Shawn P.Tully, - 4. North 87 deg.48 min. 30 sec.East 145.21 feet as measured along the division line between Lot 1 and Lot 2, Subdivision,"Shawn Tully"; RUNNING thence from said point of beginning North 11 deg. 16 min.42 sec. West along Lot 2, . Subdivision, "Shawn Tully"977.59 feet to a point; RUNNING thence through Lot 1, Subdivision, "Shawn Tully" the following thirteen(13) courses and distances: 1. North 78 deg.46 min. 10 sec.East 142.53 feet, 2. South 11 deg. 19 min. 50 sec.East 279.60 feet, 3. South 78 deg.40 min. 10 sec. West 4.00 feet, . 4. South 11 deg. 19 �min. 50 sec.East 50.00 feet, , ' , 5. North 78 deg.40 min. 10 sec.East 4.00 feet, � ' , 6. South 11 deg. 19 min. 50 sec.East 411.83 feet, � 7. On�the arc of a curve to the right having a radius of 500.00 feet for a�distance,of 50.02 feet. 8. On the arc of a curve to the left having a radius of 500.00 feet for a distance of 50.02 feet, - 9. South 11 deg. 19 min. 50 sec.East 99.55 feet, 10. On the arc of a curve to the right having a radius of 34.00 feet for a distance of 48.19 -� - feet, 1 l. South 69 deg. 52 min. 30 sec. West 65.79 feet, 12. South 87 deg.48 min. 30 sec.�West 45.17 feet to the point or place of Beginning. CONTAINING an area of 3.1820 Acres. 5 - � �1� � ' � ..w.._._v.s..-.x.��'v�-^..>sc_w.�=..._..�=�.z�i..-c..w _'�.-��crv�......-Qy.V_..h.-�,.:..�.�....�==...LL_�:�..v..-..�,c.l�u.`_.,a>_...c.c�z.��.._:-�.:._.�.r..�..i-..a.U+e.W--T.>-,.�n.....-.-.�.�_._+..._�...Y�.-�..,z�..-�,.se,.....�w<..�,.�.,�,___�.-., "' ",�-sa.V� .,�.�-.f�,.`,,.... � I ' � � i J � I I �.l �' a• �/ 1 Shawn Tully at East Marion,�Town of Southold Suffolk County,New York Surveyor's Description - Open Space Area Town of Southold Conservation Easement over Lot 2, Subdivision, "Shawn'I�lly" � ALL that certain plot,piece or parcel of land with the buildings and improvements thereon erected, situate;lying and being at East 1Vlarion,Town of Southold, County of Suffolk and State of New York,known and designated as Open Space Area No.2 Town of Southold Conservation Easement, Subdivision, "Shawn Tully" ,more particularly bounded and described as follows: BEGINNING at a point at the division line between Lot 1 and Lot 2, Subdivision, "Shawn Tully",said point being situate the following four(4)courses and distances as measured from the easterly side of Stars Road: 1. North 79 deg.46 min. 30 sec.East 184.04 feet as measured along Lot 21,Map of � "Soundcrest Woods, Section 1", Suffolk Coun'ty File No. 5315, 2. South 84 deg. 54 min.00 sec.East 150.06 feet as measured along Lot 10, Subdivision,"Highpoint Woods", Suffolk County File No. 10035, 3. North 11 deg. 13 min. 50 sec.West 25.31 feet as measured along land now or formerly Shawn P.Tully, 4. North 87 deg.48 min. 30 sec.East 145.21 feet as measured along the division line , between Lot 1 and Lot 2, Subdivision, "Shawn Tully"; RUNNING thence from said point of beginning South 87 deg. 48 min. 30 sec. West along Lot 2, Subdivision, "Sharvn Tully" 124.96 feet to a point; RTJNNING thence through Lot 2, Subdivision, "Shawn Tully"the following thirteen(13) courses arid distances: l. North 11 deg. 13 min. 50 sec.West 167.29 feet, 2. North 78 deg.46 min. 10 sec.East 4.00 feet, 3. North 11 deg. 13 min. 50 sec.West 50.00 feet, 4. Sou'th 78 d`eg. 46 min. 10 sec.West 4.00 feet, 5. North 11 deg. 13 min. 50 sec. West 450.00 feet, 6. North 78 deg.46 min. 10 sec.East 4.00 feet, 7. North 11 deg. 13 min. 50 sec. West 50.00 feet, 8. South 78 deg.46 min. 10 sec.West 4.00 feet, 9. North 11 deg. 13 min. 50 sec. West 232.63 feet, 10. North 78 deg.46 min. 10 sec.East 142.59 feet to Lot 1, 5ubdivision, "Shawn Tully" RUNNING thence South 11 deg. 16 min.42 sec.East along Lot 1, Subdivision, "Shawn Tully 972.74 feet to the point or place of Beginning. CONTAINING an area of 3.1466 Acres. —2— ur.��.-w�.��.�._��..,._.��.k...�,._.W...�—.�.��:�_�..�:-�.-4 _�T.-��_��—.��,.__.�_:,.=.�. - ��.,.�:�_._�___��..._�,_,�-�y-.�.�.��-�,�a.�_�r_..�.,�_� _ - -. � -- - - _ . ._ . _ . . .i.�. ,.i u..,i.,.., r__ �. �i �_ u,_.._,... __ ...,.�,�-. __...._ .... .. _ .».......... ......s a...�i._..n....,....J._.n.J��.�_.�.�..u.....�__.......ar, .s.r.1.u.....�.a...__..._ s_ ...,_ . _ ; ' ,. ,--. � '" ` ��' �,� ; CC# : C16-9694 � f 4 � ��4,ri'�` p_i' YY• ;{y -_ ♦ • ��,'.��y��x rY / �'�}.+�v'� �� i'J'"y"`C��. F'�.��:��. COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 03104/2016 under Liber D00012855 and Page 102 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 03/04/2016 . SUFFOLK COUNTY CLERK ��c�-.� Q. �u.��. JUDITH A.PASCALE l' � i ' � J ' - SEAL - , �" - .� . , ' �- . , , _ �' s- � r t c ' � i �. ,1 __ ' I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII ' I IIIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 03/04/2016 Number of Pages: 9 At: 02 : 43: 17 PM Receipt Number : 16-0033544 . TRANSFER TAX NUN�ER: 15-21671 LIBER: D00012855 � PAGE : 102 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 � Exempt Exempt Page/Filing $45 . 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 $11 .25 NO RPT $400 .00 NO Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO Fees Paid $501;25 TRANSFER TAX NUMBER: 15-21671 � . �� , THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL � ' JUDITH A. PASCALE � County Clerk, Suffolk County � i 1 I ' g � ' , I � � � u� f�•'.�C.��.;F�.L�GG', .L�`1 1 I�I�.�iY t ILI� �t�.•+u�'�i'ti a�3 (-��f � ` :t'�JGtI7N �z F'"N':[:,' � h�E Number of pages� � , • „� . , , � .� � , .... " 6_LEr t�` t7F � . . ;�.1�'F�J�l4: i_��!t•�T'•� This documen� wiE�s be� p��O9ic .L.r,��r�r��•��; . F 1i7_� � s'2Co�d. Please�et�love-all . C7'� i�-?1c�?f , Socaal Secu�l�y �fVaarnbers- - : �, , � : - � ; - � . , , - . , ' prio�to recordi�ng. ' � � . ` , Deed/Mortga'ge lnstrument} _ . ' �Deed'�Mor'tgage Tax Stamp ''� ' Recording/Filing Sfamps ' ` 3 . FEES - � , Page/Filing Fee - �'''� .�� _ s Mortgage Amt. , , . , ,�� 1.�.BasicTax Handlin 20. 00 , . g , , 2. Additional Tax TP-584 � � � �' • � � . Sub Total- � ` Spec./Assit. � Notation EA-5217(County) '' t � - � Sub Total �� - Speco./Add:� � 'EA-527 7(State) � � ' � � � � . � TOT..MTG.TAX�. Dual Town � Dual �ounty R:P.T.S.A. ,�'� � �� 1�b�� ' Held for Appointment Comm.of Ed, � ' � 5: '00` = `Y ' � � �- � Transfer Tax - . , , a ; � ��'> •. � � •., . � ��,� � Y 4 Mansion Tax . Affidavit -=`. '. ' . . ; . �, ,''�,�„"_"o��` . ' �,��r, ,t,, �'�� The property covered by this mortgage is �,��,C-;ertifi'e`d�Copy,,�� or will be i�rriproved by a one or two .��r ax y�:�;. ��ra,.`,,,k4i`,.....:I'3V,.. �..�.�� . NYS�Surcharge - ' ' `15: 00''' , -. } � ' � ,�7� " ' familydwelling only. . ..�,: Sub Total '� �� t YES or NO Other •' . ; , - . � . , � Grand.Total' •��(�d , ��,��, �f N0, see appropriate tax-clause on �,.Jd� page# of this instrumen�. -------�--------=----�---- ' ' - � " :� � , . -, - r . 4 ' Dist. 100G . 31'03175 . ; 5 Cooa�rrta��a$y;�a��sea��r�gooa��aar��9 , , �_��G�j� _ ' 100� T II��I��III�I ' - . , TaxlServp e y � � �� II�II��I��III�III�III��I��III��I � Consideration Aniount;�� -Agency ' a�-��-'�� CPF Tax�Due� � $_ -- � Verification � � ' � - , , ---- ---�--------- , ---------------- =lmproved � Satisfactions/Discharges/Releases List Property Owners Mailing Address , , � IdECO1tIID&R�TURI��TO: Vacant Land � � TD Charles-I�. Cuddy,Esq: '� PO Boz� 15,47 y ,"_ � TD � � Riverhe,ad;NY,1"X901 - - : • „ ,, _ � TD � Mail to: Judith A. Pascale, Suff,olk�County Clerk 7 �'itl� ECo�paaay�anfo��n��a 310 Center Drive, Riverhead, iVY 11901 Co.Name - � www.suffolkcountyny.gov/clerk � Title# � � S�f�� °��.� � ��°�� .�� This �age forms'part of the attached �'ant of Access Easement made , by: � � (SPECIFYTYPE OF INSTRUMENI) � Shawn Tullv The premises herein is situated�in- ; , . SUFFOLK COUNTY,NEW YORK. ' TO In the TOWN of Southold Aries Estates.LLC ' In the VILLAGE � ' or.HAMLET of East Marion BOXES 6 THRU�MUST'BE TYPED OR PRINTED IN BLACK�INK ONLY PRIOR TO RE�ORDING OR FILING. _ � � ; over , , �; � _ -� - . � - _._ ' i . . . _ � , . -- - - - � - _�._.�. �. ��,_.4._,_. W�.... .._._.._ ----�..._ ._.�._ ,.� __ �, _. ._.. �, . , -- - � ___.�__ ._. �._,._�__,_�___�. .�.._ _�. __._._.__W_.��__,. _ r • . ,. , ' P T � ' , `- � , _ - � �o-�� ; ' Stat ID: 3103175 ��_��_�� ' T�1X ��S D'es�ric� Sector� �6ocEc �o� �chool DBs4Pict 1000 02200 �,0300 001000 ORIENT-EAST MARIOfV 1000 02200 0300 002000 ORIENT-EAST nIiARIOiV � � ; ; , ; � � ' � � , � . . � ; ; � ; ' , , i , , � � , � , ' i , � � , � , � , i ' • � � � � ` � GRANT OF ACCESS EASEMENT THIS GRANT OF EASEMENT is made on ls`day of June,2015,by and between Shawn Tully residing at 535 West 23rd Street,New York,NY 10011 (hereinafter referred as"Grantor")and Aries Estates,LLC, a New York limited liability company with an office at 535 West 23rd Street, New York,NY 1;0011 (hereinafter referred to as"Grantee") WHEREAS, Grantor is the owner of certain parcel adjoining Stars Road,East Marion,New York,which parcel is known as SCTM#1000-022-03-01, and more particularly described in Schedule A annexecl hereto; WHEREAS, C'rrantee is the owner of certain parcel located at East Marion, Town of Southold, New York known as SCTIVI#1000-022-03-2 described in Schedule�'annexed hereto; NOW THEREFQRE, Grantor hereby grants,transfers and conveys to Grantee, an easement for vehicular access and utility purposes over and across the paxcel described in Schedule A to the contiguous parcel described in Schedule B. 1. The Easement is located at the southerly end of the Grantor's parcel and the Easement is more particularly described in Schedule C (hereinafter referred to as the"Easement"). This Easement sha11 run in favor of the fixture owners of�he Lots 1 and 2 on the Subdivision Map of Shawn Tully as prepared by Howard Young,Land Surveyor. 2. With regard to the use of tlie Easement 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 Easement described in Schedule"C"for the purpose of ingress and egress. � _ � , (B) The terms"lot owner" or"lot owners," as used in the this Easement, sliall�be deemed to include any heirs, distributes, successors or assigns of tlie-p'artic,ular lot owner or lot owners. ' -- � _ , , - (C) Each lot owner affected by this Easement,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 Easement. (D) The word"maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said Easement, 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 Page 1 of 4 � ; , � � ; , ' , , , � ; ; , , ; , ' ' f ' 1 � " � i � � � - necessary to make it convenient and safe for the owners of the aforesaid lots to use the Easement described on Schedule"C" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the Easement 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 andlor maintenance of the Easement sha11 be jointly made by the lot owners to such Easement. Either lot owner sha11 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 Easement. 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 witliin five (5) days of the certified mailing. (G) Both lot owners agree that the Easement 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 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. Page 2 of 4 ; ' , ; , � � � � ; • , �- � � , , , � � � (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 tr�c,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 subpaxagraph(I� above. (J) This Easement may not be revoked, rescinded, extinguished,modified or amended without the express written permission of a majority of the Town of Southold Planiung 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. (K) This Easement runs with the land and is binding upon a11 grantees,heirs, distributes, successors, or assigns of any portion of the lands described in Schedule"A"herein. IN WITNESS HEIZEOF, Grantor has executed this Easement the day �year first above written. , , p ,� �'. Shawn Tull,y,�rantor , Aries Estat , LLC, Grantee B �, �°" � , , Y• Shawn Tully, Member , � _ �_-� _ STATE OF NEW YORK ) ) ss.: . - COUNTY OF��"�'�% ��' '�� ) c,i �- � On the 1 day of '� ��t`' in the year 2015,before me,the undersigned,personally appeared SHAWN TLTLLY,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;th�r'J� instrument. � ,._�y',`:;:'� '� •., r„�,,, ;Yy:;, �"�:',,. �e=,�,,�'af.% ~��,•;�S, '"�{„ ,'w'�"^'p Notary Public -� . ,�<,,•��`�� a;:°;;��'° w��$. N��'LlIVDA CF41�' ;f� �.'`'� .�"�q;`,,'�„� � ° ,f.� ';"-;f ji', C��4�a�y��abli� ��af�og N�tnr 1'f�rE� �.�.r; ' k�9� �9'�4�5�9��5� ,�,}'`},'i':;;�;��.+_±��::�''`''i ��Vi&led;��in �C�Cs�� . �:�°" Page 3 of 4 ' �Q��ission Expia�e��May 92, � B�`"""��'+� � E � � � ; . I ' � ' ' 1 � . , � , , , , � t STATE OF NEW YORK ) COUNTY OF D�E=.� Yd�� ss.: S� � � On the � day of J U� 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. � � �/�/�_- ,q �`�r' ?,�;,�`J �i�.i . .0 �'`',,' Notary Public ,,;�:#�4''�' �_� '�� :��i ' � '� � v"� r . �' �/' ,��o A� �'-3;`.�'�J/ �-f�y _ .' ,��i�t , ; 'v.;°::�` .� � _ - - :�r�,,,�;=,;;;..� - , ' 6�1i�9ii9��$R� 1�{:~� �;s,� °F� �,. . ' b¢�R�t�y�b0i�, �Raf��g f�� ; El��. r�9�P�5�9�g� }, ��Pi�i��:�a G�� J � ��1'U�P9'1l��1�P! �1C�9P�� P 9�c��.-�-....�.' ' Page 4 of 4 . . __�.. --,_w. -__.,� .__ -.-�_ �. . ._ _ _ .__ _ _ ._ �, __,�.u._-�---. ___,�_.__,___`__�..__..._._,_. ._._._�.�_..__. ..-- -_ . . - - -- - , � � � ; • ' , , I ? � , _ , � � , ' , . , . t ��jH[IE��TIt��+ 1� , ALL THAT CERTAIN plot,piece or parcel of land, with the buildings thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Stars Road, distant northerly the following five (5) courses and distances: 1. North 22 degrees 52 minutes 50 seconds West, 181.14 feet; 2.North 38 degrees 06 minutes 30 seconds West, 29.92 feet; 3.North 13 degrees 36 minutes 00 seconds West, 176.83 feet; 4. South�83 degrees 22 minutes 30 seconds West, 20.04 feet; " 5.North 10 degrees 13 minutes 30 seconds West, 2425.14 feet from the corner formed by the intersection of the northerly side of Main Road with the easterly side of Stars Road, as measured along said easterly side of Staxs Road, which said point or place of beginning marks the division line between Lot 21 on a certain map entitled, "Map of Soundcrest Woods," and filed 2/9/69 as Map No. 5315, and premises conveyed herein; and from said point or place of beginning RLTNNING THENCE North 08 degrees 40 minutes 18 seconds West along said easterly side of Stars Road, 52.36 feet; THENCE North 10 degrees 31 minutes 00 seconds West along land now or formerly of Stars, � 1821.16 feet to the ordinary high water mark of Long Island Sound; THENCE easterly along said ordinary high water mark of Long Island Sound,the following two (2) courses and distances: 1. South 48 degrees 28 minutes 40 seconds East, 261.25 feet; 2. South 58 degrees 14 minutes 50 seconds East, 198.03 feet to land now or formerly of,Philip DeNicola; ' THENCE South 11 degrees 13 minutes 50 seconds East along said land now or formerly of Philip DeNicola, 1575.77 feet to a granite monument and land now or formerly of Richard'Israel; THENCE North 84 degrees 54 minutes 00 seconds West along said land nor or formerly of Richard Israel, 150.06 feet to Lot No. 21 first mentioned above; THENCE South 79 degrees 46 minutes 30 seconds West along the northerly line of Lot No. 21, 184.04 feet to the easterly side of Staxs Road, at the point or place of BEGINNING. > - -- - -...._��.� -- - .,_.�,..�.:_. .�. _r.. ' � ` . ! � . . � ' r ' a . � � t r • . _ ; .. . . a • SC$EDULE `� . �]L that certain plot,piece or parcel of land;situate;lying and being at East Marion, in the Towra of Southold, County of Suffolk and State ofNew York,being more particularly bounded and clescribed as follows: �lC+�AIY.C�Tc�at the sou�lieast cornex of the pr�mises hexein to be deseribed distant the � following thirfeen courses and distances from a�monument se.t at the extreme northeasterly point of Kayleigli's Court; • 1.� Narth 11 degrees 44 minutes 10 seconds West 213,50 feet; . 2e North I1 degrees 40 minutes 00 seconds VrTest �96.87feet; . � 3. �So�tli.57 degrees 12 mirnutes 00 seconds West 79.47 feet; � � 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; S. North 57 degrees 12 minutes 00 seconds East 79.80 feet; . , ; ._ 6. No�ctl�i 11 degxees 00 minutes 10 seconds West 89.15 feet; 7. Noz th 10 degrees 31 mznutes 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 J.51.92 feet; � , � 10. North 11 degrees 09 minutes 00 seconds Wes�99.97 feet; � � .'`` � 11. North 13 degrees 21 minutes 30 seconds West J.74-.98 feet; 12, Sou1;h 75 degrees 12 minutes 30 seconds West 88.17 feet; • 13. South 69 degrees 52 minutes 30 s�conds West 90.76 feet; �.3��t�'�'�+l�t�C�+ from said�oint of begi�uung Sauth G9 degrees 52 rni�a.u.tes 30 seconds West 120.31 feet to a 3rr�onitrnent; contix�ued ......... ; , � i . � � � 1 j ' , z : , � � _ , • . , � ' , . 4 .. . � , o J - . • .' .. . �'. . • . , . . Schedule .s � R�tN�'�`IC�+1V�1C+ South 87 degrees 48 min.utes 30 seconds West 210.6Q feet to a monumenf; R�G��1�I�E along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to the high water maxk of Long Tsland Sound as located • on Feb. 8,2006; ' . R�UN1V�1oT�'��1�T�CE along the following three tie lines: ' , 1. South 73 degrees 1Q_minutes 22 seconds East 112.45 feet; 2. South$0 degrees 18 minutes 22 seconds East 150.19 feet; . � 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; ' , � R1�T.L�I�G T�1VCE along the land now or foxxnexly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473,97 feet to the point or place of�EGII�T�I��. ' ' ' , _ , -_:..a - :_.- -•,, :�"_ r:�--.-r�-_m=�—.._.-•_�.-a-��+-�.+xa_-,iu..=.-_=+�.av:}.� ..:t:._.��^J:�'a��,:��:t:s.n........_•r.�r-'i..i.^,ci�:... . . .. ... . . ._ .._.;� i.v:,�.-e.�.�.._. { ev�u,. _. - o cr- �o--e -�a �'.s.r. � _.cix va�er_, .:.-�_ �...,-_._ .r_="". _.c_`-__r..7=.crci...�.=u�_`..�_._.-._rs_�.x__��=._.—_=.�a..r_,=rs��.�:-r_a__r,.�, �..»-u-rr:�.--:.._c.c.__.n._.�_...v.ur=-�_._..+.=-.3,r._1_....-.;�...�_.z---.r..-.._.+:-.-��=.�_-c,�s—.--�•_un�.� '� i. " ` ' -`_•-'__ __ - 1 _ ,f,._�-.»__.._.._.. . . �. �Y, , `-,r.;.,��.� <,�,,.,, „ ti _� A SC�IEDULE "C" Shawn Tully at East I�arion,Town of Southold Suffalk County,New York Surveyor's De�cripti�n - �lccess�asement ALL that ceitai�'�lot,�iece ox p�rccl of la�ld wi�.t�i�buildin�s.�nd�irnproven7en�s�the�:eoz� er��ted, situate,Iying anc�being�t East M'�ion,'Lowzi,bf Soutk�ol�,C�u��ty�of Suffoll�a�xd�ta��o� Nav�Yark,known and designate�3 as a 5�'s�ight�of way over Ianc�now br��i�ne�ly��aWn P,Tull�,as shown on Subdivisian 11�a�,'`Shati��n Tu.�y`',�ore p��ticz�larly bounded and descr�bed as��a�:lau�s; B��INI�IING at a point"ori'the e�steray side�f Stars Road�at th��oithwesteriy carner'of.Lbt 21, Subdivisi�n, "Map o�Sounderest Woods, S�c�ion 1",Suf�oll�Cbtlnty ri��No.S3�I,S; RUNNING thence from sa�d poknt o�beginrrin�,Noifih Q$de�, �U r�.irir z8 sec,tiVcst alon�g th� easterly side of St�zs I�aad 50.02 feet Cn a point; RUNNII�G thence throug�.��nd s�ow or�ormerl�Sha��m F':�'i�ly th�fo,l�.b�c�rirt�tht��(`3) courses �nd dist�nces: 1. North 79 d�g.46 min. �0 s�c.Eas� 18�.41 fe�t, 2. South �4 d�b. 54 mi�r.4��ec.East 10�.75 �eet, 3. On�he arc of a cuiv�ta th�left having a radiu�cif'2t�..�0��et for�.clistance a£S4:7S Feet to Lot 2, S�tbdivisian, "Shawn'I'ally"; RUNhriNG thence Sout1111 d�g. 1�min, 50 s�c: �:ast along��t�,�u.bdiuisxoz�, "�h�v�n Tully" �1,4�9 i'eet to and monument found and land now nr foimekly C�m�ile�ina�ra c��icl�ard Sinatra; ' ` � 1�UNNIN�thence Norrh 84 deg. 54 rtaizr. 00 sec.�Ucst alot�g I�d now br farmerl� Gamille Sin�t�a&Richard Si��atra 150.06 t'e�t to a mon.um�nt�vutld anc�L�i 2I,�ubcli.visi�n, "1VI�p of Soundcrest`�Ioads, �ection 1" Filc No. 5315; �t�TNNING thence South 79 c��g.4f�nwi. 30 sec. �Vest�lr�ng Lo�t 21, Sal�ciivis�.on�"NIap af Soundc��est Woods, Section �" 184,04 fcet to thc point or place af Be�inriing, � � , , f , � � � � , �� ; , �� `, �,•` o��;-.., i CC# : C16-9695 ti --___ - • - ��G�' � "'t . '�� `�"� e:; _ �,��tq. ^�m�a�''� a� n�. `==a. COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 03/04/2016 under Liber D00012855 and Page 103 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 03/04/2016 . SUFFOLK COUNTY CLERK ��-.� Q. �a.o.�. JUDITH A.PASCALE SEAI; '� � � � �,,� i '� , ti �• \ � I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I IIIIII IIIII IIIII IIII IIII SUFFOLK 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 NiJN�ER: 15-21672 LIBER: D00012855 PAGE : 103 District: Section: Block: Lot: 1000 022 . 00 03 . 00 001 . 000 EXAMINED AND CHP,RGED 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 $10 . 00 NO RPT $400 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $495.00 TRANSFER TAX NTJNlBER: 15-21672 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County I � '' i ' �LJ� �:��'�F'i�ED . .Yi��. t�tar- �� ^a�L�1 r' F't�l ,�r}. � .TIIE}ITH I�= P(�=�GAL� Number of pages " ' , • ' . -� , � ' ° i_LC�:P� �aF , . . , . ,. SUFF!+L4' CGs�hdT'� L �iililfll;!L15 This docurnen� wis9 be p�bEic �' �'�� ecorc9.Please�rerraove aEi , G�T� 1�-�1�-''; Socea9 SecureYy ��I�ambe�s� ' . ' � . . . , , � � � prior ta recorc9ic�g. , . � Deed/Mortgage Instrument _ � �Deed/Mortgage�Tax Stamp � ' Recording/Filing Stamps� � FEES � Page%Filing�Fee - -,��-�' �. � , . - � Mortgage Amt. . 1.;Basic Tax, Handling 20. 00 2. Additional Tax TP-584- _ ' � �" � ' - ' _ � � �. - Sub!Total � -- . • Notation Spec./Assit. or , .-ta / +" , - , , EA-5217(County) � � , � � Sub Total- � l�`. �� Spec./Add.�, , . �-,_ , , �.. . , , � , EA-5217(State) ' - �� . ' ' TOT.MTG.TAX � � .�. � R.P.T.S.A. �� 0�� Dual Town Dual County �� Held for Appointment Comm.of Ed. ' �_ 5...00� � �- ` ��,+ ;� � � Transfer Tax � �� . , , �:`� � r � Affidavit � `� � , ° '*��. 4�,��° � Mansion Tax , - . , ' �INiR� _ � The property covered by this mortgage is yt+;Certifie'd�Gopy�.� " '�"" '�" � or will be improved by a one or two "u_,��Lka��_.�.^A:'?:,d4:j.'�y'. '�;J � , ' NYS Surcharge�� - 15. 00 � -�� family dwelling only.; ' ' Sub�Total YES or NO Other ' " p� ,�— ' �" GrandTotal �� - C� � � ��+ If N0, see appropriate tax clause on � �J� page# of this instrument. . , � , , �� , � � � 4� Dist. 1( 3103176 c'�-��'n�-��"�" 5 C�e�rroaa�vi�y�resecv�$so�a�aan�9 ' Real Property ` � T S I , Consideration Amount � ��.J � Tax Service R �P�� A I I��I��III�I II�II��I��III�I II�II I��I��III I��I , T� Agency . aa-FE�-�� CPF T�Due $ " � �-�- � Verification ; ' -------------- --------------------- ---- ---------= . �Improved�, 6 Satisfactions/Discharges/Releases List P,roperty Owners Mailing Address , �C�RD d�i I3E�'iUI21�T'I'O: Vacant Land TD t C� Charles R. Cuddy,Esq. � , PO Box 1'S47 � � � � TD „_Riverhead;�NY T1�901 ._ ,_ ._ TD ..�_ �Mail to: Judith A. Pascale;Suffolk�County Clerk 7 �CIl�� IIYfl�➢�IIIlg'gYIl�OY'1yIl�.�1�flA 310 Center Drive, Riverhead, NY 11901 Co.Name ' www.suffolkcountyny.gov/clerk Title# � �� °�� °��t �� This page forms part of the attached Common Driveway Agreement t-'..�'-��G�.� made by: (SPECIFYTYPE OF fNSTRUME � •� Aries Estates,LLC The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold In the VILLAGE • or HAMLET of East 1Vlarion • BOXES 6 THRU�MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ' ''Qs ` " ,_fj . over ti ' . � �, .- , _.__ . __ _ - , .. ., �,__.c_ ,,._.z._. ___.,. � _�_ .__.-.._.._ __,._,_ __._____,� �- �_._ � _ ,...- - ' ""--'_ - - --'_ •_ / . ' , ' ', ' pT � ; - l 4'' , - " R DHO }� Stat ID: 3103176 ��_�E�_,�� T�X M��JS D'as��ac� Secgoea �Eoc� Lo� Schooi Dis�Pic� 1000 02200 0300 001000 ORIENT-EAST IVIARION 1000 02200 0300 002000 ORIENT=EAST MARIOi� - , �r , � � i _�, _. ,� i ' �f�r.- , � /�`` � ` �` Z � t Y.�1WYl`YIl�l`1 �ffi61!0�1C,WC�.IL �`1.3ll�.�JC+1V'll1'L1V Il - �� THIS INI�ENTURE, made as of this l st 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"). ' W��'l�tlE��'�'�]f: 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 Ivlarion,New York; NOW, THEREFORE,be it declared as follows: 1. Lots 1 and 2 shall have common driveway access to and from Stars Road a�d over a 50 foot right of way on the premises known as SCTIVI#1000-22-3-1 extending from tlie southerly property line to Stars Road. These lots shall share access to and from Staxs 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 sha11 permit vehicular access to the subdivision lots. 3. With regard to the use of the common driveway referenced above, such use sha11 be subject to the following conditions: , � (A) The respective lot owners sha11 have the joint, equal and mutual right to use the common driveway described in Schedule"B"for the purpose of ingress and � egress. i •� � - (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. -1- - - -- - ..w.�-- - - -- - - - _.. ,.. ��.�__.�Ww�_w..,,K__.__,._�w._.��_ud_�. �.��... ,.._�._.�_�� ----.__._,__._._..�__,__. .__. _��v�... .x,.._w,o�..l,.......�..�i,x..1��. �.......o-.....-.. .i��v..._....,.v..;._....�.,. ..,.. ...�.�._.,,..u.�=.. ".WU.u....i�-.�..=.L� -..A,� ' ' `. ____ , '9 i � ' i, ' � � ,� , _ . � (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, sliall 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, sha11 determine what ' maintenance shall be done on the respective common driveway to which they - have access and the amount of inoney'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 ma.intenance 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 sha11 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 � J expenses within fifteen(15) days of notification of proposed charges, such uripaid 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 sha11 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- . � i � " �f . � _ , , f . . 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. � (n 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. (� The owners of Lots 1 and 2 sha11 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 Comrnon 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 amorig 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 Declaxant has duly executed this Agreement the day and year first above written. Aries Es a�eas, LLC By: � a '�e�-@;� - Shawn ully, Member -3- , . t � • 1 f � , . � � STATE OF NEW YORK ) COUNTY OF�1�� `��2�' � ss.: yi � On the � day of ��' in the year 20�15, 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. � /��;� C�� . � ��> , Notary Public _:. =;� _' r° ;; ;,��, - R��Q��G�GF{I�$ �i''` ` /57s'.,} . fkl�y t��la�,�4��•�P R9�c,�� " � . I��, t�9 C l��9��5 - , „ Qa��96�i��G�ao��r.� r . ��PW�'D�r �9d�6U�98@�d�i8��o��, � -4- ' } r�' , � . ;' — ,� '.�I ' y� �� ♦ � • u e � � SCIZEDULE "A" ��,�that certain plot, piece or parcel of land, siivate, lying and being at East Marion, in the Town of Southold, Couniy of Suffolk and State of New York, being more particularly bounded and described as follows: 1�1E�gI�� at the southeast corner of the premises herein to be desaribed distant the followin.g thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh's Couxt; � 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 0� seconds West 99.97 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; ��T�I�t��from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... t [ � f � �, el � a r , ' � `__ } � � 0 Schedule"A" � ��Jl�tl�t�t�B'}i��l�T�IE South 87 degrees 48 minutes 30 seconds West 210:60 feet to a monument; ' ��I�{l�t�'lC�RtEC1E along the land now or formerly of Shawn P, Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to tlie high water mark of Long Island Sound as located on Feb. 8, 2006; . ��1��7C�l��l�.along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds Easfi 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; , �8�Ii1�T�'1CIE�l��1E a.long the land now or fozmerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473,97 feet to the point or place of��ItI�tI��I�T�o . ,, ,._. . ., , ._�.... ............. � - __.___�_ __.__.___.�._:_��__-.�a__._. ._�._.�.__.._._.._�... .._..,._ _ . _ __ _ _ , Y ,' ' f ' ' '�. _ ^ J y'+ " ". ._ -..-�.` i , . ,.,,-.��,_�..- .. I� Y� ` ' � 1 SC�IEDULE "B" Shawz�Tul�y at E�st Maiion,TowJn of Southold � Suffolk County,New York Suiveyar's Description - .Access Easer.den� ALL that-certain plat,piece or pa�c�l of land with i1�e buildings�nd im�ar�vemen�s�the�;ea� �rected, situat�, Iying and being at East 1VI'�rion,,Town of Sot�tYiold, Gounty of Suff�11�a�d State o� Ne�r Y,ork,l�nown and designat�a as a 5�'ri.ght'of way over Ianc�no�,v'�a��fmcrly�hawn P.Tully,as shown on Subdivision IVIap, "Shawn Tut�y",more p�tfiicularly bbund�d�nd desc�ibe�as folla��s� B�GINNTNG at a poi�it oi�the easrerly side of Stars Raat��t�he �northwesteriy con�er of.T�o� 21, Sul�division, "Map of Seunderes�t Waods, Secfaon-1", Suf�oll�County Fil�Nb. S3I5; � RUNI�ING thence from said paint of beginnYn�I`3oi-ti�08 deg. �b rni'n. 1$sec,West alo�g iho easterly side of Stars Road 50.02 feet to a point; RUNNING thence througYz Zazad now or formerly Sl�sawm P.Tull�thc fo11o`wing tklree(3) courses wd dist�nces: 1. Nor�h 79 de�.46 min.�30 scc.East 38c3.4� �ec;�, 2. South 84 deb• 54 min.OQ sec.East 102.75 feet, 3. On the arc of a curve ta the left having a radius r�f'29;50 feet for a clist��cc oE 5,��.75 Feet to Lot 2,Subdivisian, "Shawn T�11�'; RUNNI�IG thence South 11 deg, l� min. �0 s�c:J�ast along L�t�,��.bdiYision., "Sl��n Tully" 91.49 feet to and mc�nument foun�and I�ncl tio�xr ar Fotmerly Can1�Il�Siz�atra�:Richard Sin�.tra; RU.I�rNING thence Nozrth 8�-deg. 5�min. OQ sec��cst alc�i�g l�nd not�r bz fa.i�rnerly Gami1�'e Sin�tra& Richard Sinatra 150.4�f�et to a monumem found and i��t 2I,�ubelivrsion, `m�iap ofi Soundcrest��ioocls, �ection 1"T�iic No. 53�.5; I2.UNNING thcnce South 7{)deg. 46 nun. 3U sce. We$t�on�.Lot 21,Subd�vis�on, "M�p of J Soundei�est��oods, Sectian 1" �84.�1 feet to the point nr plaee oi'Be;�i�Yiing.