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Home My WebLink AboutL 12881 P 261 1111!111 111111111 II11111111 VIII VIII VIII VIII 1111 IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 09/26/2016 Number of Pages: 8 At: 11:23 : 19 AM Receipt Number : 16-0150447 TRANSFER TAX NUMBER: 16-06091 LIBER: D00012881 PAGE : 261 District: Section: Block: Lot: 1000 115.00 09. 00 014 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40.00 NO Handling $20 .00 NO COE $5 .00 NO NYS SRCHG $15 .00 NO TP-584 $5 .00 NO Notation $0 . 00 NO Cert.Copies $0 .00 NO RPT $200 . 00 NO Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO Fees Paid $285 . 00 TRANSFER TAX NUMBER: 16-06091 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County F 0 Number of pages RECORDED 2015 Sep 25 11:23:19 AN JUDITH R. PPSCALE CLERK OF This document will be public SUFFOLK COUNTY redord. Please remove all L D00012881 Social Security Numbers P 261 prior to recording. DT# 16-06041 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recofding/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. _ i 1. Basic Tax Handling 20. 00 2:Additional Tax 1 —_ TP-584 � Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) n TOT.MTC.TAX QY�pI}y Dual Town Dual County__ R.P.T;S.A. Held for Appointment._ Comm.of Ed. 5. 00 Transfer Tax —_ Affidavit �' �y Mansion Tax Certified Copy The property covered by this mortgage is _ or will be improved by a One or two NYS Surcharge _ 15. 00 family dwelling only. Sub Total � �� YES or NO Other' Grand Total If NO,see appropriate tax clause on page 4 of t 1 s instru uL 4 L7ist./dr, 3221340 1000 11500 0900 014000 10 T S IIIA IIIIIIIIlI II 11111klNil11 5 Community Preservation Fund Real Property F2 SMt A ��I��II�I��f� �l�l��l��l��IIIIININ Consideration Amount 'Fax Service py SEP-16 A ency CPF Tax Due $ Verification Improved______ 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land /� TD //70/ TD 1y TD n - Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title ompany Information 310 Center Drive, Riverhead, NY 11901 Co.Name FIDELITY NATIONAL TITLE www.suffolkcountyny.gov/clerk Title Itf --- >3 Suffolk ounty Recordin & Endorsement Page This page form part of the attached �"`rQ_F CC' � r m-e. —made by: (SPECIFY TYPE OF INSTRUMENT) �es e. Qnn The premises herein is situated in. SUFFOLK COUNTY,NEW YORK TO � In the TOWN of---�✓U�� _ �+� N�✓ In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK.ONLY PRIOR TO RECORDING OR FILING. _ n0101A iaerk (over) GRANT OF EASEMENT AND AGREEMENT THIS AGREEMENT, made this o2 !k' day of ,2016, by and between , Jay P. Wickham residing at 50 Park Ave, Mattituck, NY 119 ; Leigh Penny AlIocca, residing at 5 Belleau, Madison NJ 07940 and Stacy Ann Sheppard residing at 200 Airway Drive, Mattituck, NY 11952, hereinafter referred to as"Grantors"and Stacy Ann Sheppard, residing at 200 Airway Drive, Mattituck,NY 119152, hereinafter referred to as "Grantee"." WHEREAS, Grantee desires to acquire a certain easement ("Easement") in a portion of Grantor's property commonly known as Airway Drive, Mattituck, New York 11952 (the "Land"), which easement is described in Exhibit "A" and depicted on Exhibit "B" for a driveway access ("Easement Area"). NOW, THEREFORE, 1. Grantor hereby grants to Grantee a nonexclusive easement over/under/on/across the Land located as described in Exhibit A for so long as the Easement Area is used exclusively for the purpose(s) of driveway access to the property known as 200 Airway Drive, Mattituck NY 11951 and provided that use is for the sole pqTose of ingress and egress to the driveway entrance of 200 Airway Drive, Mattituck, NY 11952. Grantor expressly reserves for itself, its successors and its assigns, the right to use the Easement Area or to grant other easements or licenses at the same location so long as such use/uses does/do not unreasonably interfere with the rights herein granted. 2. Grantee shall maintain the Easement Area together with any improvements constructed or installed thereon by Grantee or associated with Grantee's use of the Easement Area. The operation and maintenance of such improvements and of the Easement Area shall be at Grantee's sole cost and expense. 3. This Easement is subject to all liens, encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining to the Land, whether or not of record. The use of the word "grant" shall not imply any warranty on the part of the Grantor with respect to the Easement or the Easement Area. 4. Grantee shall comply with all applicable laws, ordinances and regulations, including but not limited to all applicable regulatory, environmental and safety requirements at Grantee's sole cost and expense. 5. Grantee shall not use, deposit or permit the use or deposit of any hazardous material or toxic waste or other harmful substances on the Land or on any other real property of Grantor adjacent to the Easement Area. 6. Grantor may relocate the Easement if in the opinion of Grantor it unreasonably interferes with the present or future use by Grantor of Grantor's land. [The f rst such relocation shall be at Grantee's sole cost and expense with any subsequent relocation at Grantor's expense;provided, however, that] Grantor shall provide to Grantee a substitute Easement Area reasonably suited to Grantee's needs [at no cost to Grantee]. 7. Grantee shall not materially interfere with the use by and operation and activities of Grantor on its property, and Grantee shall use such routes and follow such procedures on Grantor's property as result in the least damage and inconvenience to Grantor. 8. Grantee shall be responsible for any damage to Grantor's property or that of third parties resulting from any exercise of the rights herein granted, including but not limited to soil erosion, subsidence or damage resulting therefrom. Grantee shall promptly repair and restore to its original condition any of Grantor's property, including, but not limited to, roads, utilities, buildings and fences that may be altered, damaged or destroyed in connection with the exercise of the Easement or use of the Easement Area. 9. This Grant of Easement is made on the express condition that Grantor is to be free from all liability by reason of injury or death to persons or injury to property from whatever cause arising out of Grantee's, its contractors', agents', officers', members', employees', invitees', or licensees' exercise of rights granted pursuant to this Easement or use of the Easement Area or of the improvements or personal property of Grantee thereto or thereon, including any liability for injury or death to the person or property of Grantee, its contractors, agents, officers, members, employees, invitees, or licensees or to any property under the control or custody of Grantee. Grantee hereby covenants and agrees to defend and indemnify Grantor, its officers, employees, agents, students, invitees and guests and save them harmless from any and all liability, loss costs or obligations on account of or arising out of an such injury or g g s Y J r}' losses caused or claimed to be caused by the exercise of the Easement or use of the Easement Area by Grantee, however occurring, other than those caused solely by the willful or negligent acts or omissions of Grantor. 10. Grantor may terminate this Easement and all of the rights granted herein any time after six (6)months of continuous non-use of the Easement or the Easement Area by Grantee. In the event of such termination, the Easement shall be quitclaimed from Grantee to Grantor, without expense to Grantor, and any and all interest in Grantor's Land conveyed in this Easement shall automatically revert to Grantor or its assigns and successors, without the necessity of any further action to effect said reversion. On demand by Grantor, Grantee shall promptly remove any and all improvements it installed in, on, under or above the Easement Area. At the option of Grantor, all such improvements shall become the personal property of Grantor at no cost to Grantor. 11. Grantee alone shall pay any and all taxes, charges or use fee(s) levied by any governmental agency against Grantee's interest in the Easement Area, or against any of Grantor's real property as a result of the Easement herein granted. Grantee shall not cause liens of any ]find to be placed against the Easement Area or any of Grantor's real property. 12. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect except in a subsequent modification in writing, signed by the party to be charged. 13. This instrument shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. 1N WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. GRANTORS: By ickham By Lei h Penny Allocca By Stacy Ann Sheppard GRANTEE By Stacy Ann S eppard ACKNOWLEDGEMENTS State of NEW YORK : 55.: County of On the day o in the year ,K-�efore me, the undersigned, personally appearedpersonally known to me or proved to me on the basis of satisfac ry evidence to be individuaI(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. TRACY KARSCN PAWMBO Notary Public,State of New York No.02PA6087274, Suffolk Coun No ubl� Commission Expires March 30, Q ( IV -T-Qu� Kml-SJh Pmlumbo State of NEW YORK : ss.: County of CRI IT On the day of J�/�G in th year before me, the undersigned, personally appeared personally known to me or proved to me on th basis o satis a tory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. TRACY KARSCH PAWMBO Notary Public, State of New York No.02PA6087274,Suffolk Co Commission Expires March 30* Notary u is T-rracu� KU(Sch PqkIm190 Title no.: 101511 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point at the intersection of the southerly line of New Suffolk Avenue and the easterly line of Airway Drive: THENCE south 04 degrees 09 minutes 36 seconds weat for a distance of 145.00 feet; THENCE north 85 degrees 50 minutes 24 seconds west for a distance of 49.39 feet; THENCE north 04 degrees 09 minutes 36 seconds east for a distance of 149.19 feet; THENCE south 87 degrees 56 minutes 30 seconds east for a distance of 49.42 feet along the southerly side of New Suffolk Avenue ant the Point or Place of BEGINNING. •V 245' 1 G CL l� N w8 t — $ q� S 24,0' b ki OT36 Ilk, ay 5 + Y W41 `t 4, Drive rn ------------------ I.a w D47Eli *�Land now or formerly 3710 New SuffolkInc -C- A tt