HomeMy WebLinkAboutL 12880 P 469 I I I I I I I I I I I I I I I I I I I I I I I I I I I I l l l l l l l l l l l l f l l l l l l l l l l l l l l
I I I I I i l l l l l l l l l
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: AGREEMENT Recorded: 09/20/2016
Number of Pages : 10 At: 12 :24 : 18 PM
Receipt Number : 16-0147093
LIBER: D00012880
PAGE : 469
District: Section: Block: Lot:
1000 122 . 00 03.00 001 .004
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $50 .00 NO Handling $20.00 NO
COE $5 .00 NO NYS SRCHG $15.00 NO
Affidavit $0 .00 NO TP-584 $0.00 NO
Notation $0 .00 NO Cert.Copies $12 .50 NO
RPT $200 .00 NO
Fees Paid $302 .50
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
17❑Z
RECORDED
2015 Sep 20 12:24:18 NI
Number of pages /U JUDITH A. PASCALE
CLERK OF
SUFFOLK COUNTY
This document will be public L D00012880
record.Please remove all P 469
Social Security Numbers
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Mortgage Amt.
Page/Filing Fee SO
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
or
EA-52 17(County) Sub TotalSpec../Add.
EA-5217(State) TOT.MTG.TAX
Dual Town Dual County _
R.P.T.S.A. Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Mansion Tax
Affidavit 11REDO
Certified Cop /y �v The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00 Z SCJ family dwelling only.
Sub Total YES or NO
Other _
Grand Tota lQ1ir SC!
1-y
If NO, see appropriate tax clause on
page# of this instrument.
4 Dist. 3234719 1000 12200 0300 001004 .004 5 Community Preservation Fund
Real Prope PTSIl��li�ll�ll��®I��I� Consideration Amount$
Tax Servio R LPA A
Agency 20-SEP-16 CPF Tax Due $
Verificatic
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
TD
Cardinale&Cardinale Law Office
P.O.Box 2021 TD
Jamesport NY 11947 TD \
Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcountyny.gov/clerk Title#
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Road Maintenance Agreement 1,16ed Nd Ci1Gl- made
by: (SPECIFY TYPE OF INSTRUMENT) V
Alan A.Cardinale The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of SOUTHOLD
In the VILLAGE
or HAMLET of MATTITUCK
BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
ROAD MAINTENANCE AGREEMENT
THIS DECLARATION made this 10,"day of Sept., 201(07 by Alan A. Cardinale, residing at
13846 Atlantic Blvd., Unit#108, Jacksonville, Florida 32225,hereinafter known as "Declarant."
WITNESSETH:
WHEREAS, the Declarant is owner of a certain plot, piece and parcel of land situate at Mattituck
in the Town of Southold, County of Suffolk and State of New York, known and designated as 11950 Route
25, Mattituck NY (Suffolk County Tax Map No. 1000-122.00-03.00-001.004) more fully described in
Schedule A attached and
WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold to
subdivide this 15.04 acre parcel into five building lots as shown on the Subdivision Map for James Creek
Subdivision entitled "Final Plat of James Creek Landing at Mattituck" (hereinafter referred to as "Filed
Map", surveyed by Nathan Corwin on July 12,2005 and last revised on May 12, 2016;
WHEREAS, the Final Subdivision Map contains a 25' Driveway Road (16' Wide Gravel Road), a
proposed 16' Wide Future Secondary Driveway, and a 10' wide Pedestrian Access Easement, being more
particularly bounded and described as set forth in Schedules B, C and D annexed hereto;
WHEREAS, the Declarant desires to provide for maintenance and management of the 25'
Driveway Road which provides a common access of ingress and egress to Lots 1, 2, 3, and 4 and the
proposed 16' Wide Future Secondary Driveway and the 10' Wide Pedestrian Access Easement; and the
Declarant agrees that it is in the best interest of the Declarant and any future owner of the property that the
within Declaration and Covenant be imposed;
NOW THEREFORE, the within Declarant does hereby covenant and agree as follows:
A. The owners of Lots 1, 2, 3, and 4 shall have the joint, equal and mutual right to use, maintain
and improve the 25' Driveway Road as shown on said Filed Map for the purpose of ingress and
egress to their respective lots.
B. The terms "owner," "lot owner" or "lot owners" as used in this Declaration shall be deemed to
include any heirs, distributees, successors and assigns of the Declarant and any lot owner or lot
owners of Lots 1, 2, 3, and 4.
C. Each owner affected by this Declaration, by accepting a Deed to or taking title to any part of the
subject lots, does hereby authorize and accept for any successor owner and his/her heirs,
distributees, successors and assigns all of the conditions, obligations and restrictions and
provisions of this Declaration.
D. The word "maintenance" as used in this Declaration shall be deemed to mean all costs and
expenses in connection with said 25' Driveway Road, the 16' Wide Future Secondary Driveway
and the 10'Wide Pedestrian Access Easement, including the maintenance or replacement of the
25' Wide Driveway Road, the 16' Wide Future Secondary Driveway and the 10' Wide
Pedestrian Access Easement, installation of common underground utilities, maintenance and
replacement thereof, snow plowing, sweeping, surfacing and re-surfacing, re-paving or re-
gravelling, filling in of holes, and all those items necessary to make it convenient and safe for
the owners of the aforesaid subject lots to use the 25' Driveway Road, the 16' Wide Future
Secondary Driveway and the 10' Pedestrian Access Easement areas described in Schedules B,
C, and D.
E. The owners of the subject lots or any portion thereof shall determine what maintenance shall be
done on the 25' Driveway Road, the 16' Wide Future Secondary Driveway and the 10' Wide
Pedestrian Access Easement areas and the maintenance costs to be expended therefore by
mutual agreement.
F. All decisions for the improvements and/or maintenance of the 25' Driveway Road, the 16' Wide
Future Secondary Driveway and the 10' Wide Pedestrian Access Easement shall be made by a
majority vote of the lot owners affected herein. Proxy votes shall not be acceptable. There shall
be one (1) vote per subject lot. Any lot owner may initiate a vote on any maintenance or
improvement matter by sending a notice by certified mail, return receipt requested, to the other
lot owners. Said notice shall contain all information necessary to make an informed decision on
the matter. All lot owners shall vote affirmatively or negatively within two weeks of the
mailing of that Notice and any lot owner not voting affirmatively or negatively within two (2)
weeks of the mailing of that notice shall be bound by the decision of those who do vote. A tie
vote shall be considered approval of the proposition.
G. The 25' Driveway Road shall always be maintained so as to be passable by ordinary passenger,
service and emergency vehicles and this shall include prompt repair of any "potholes"or similar
defects and it shall be cleared to a minimum of 16 feet in width and a minimum of 15 feet in
height, violation of which may cause the 25' Driveway Road to become substandard.
H. The proposed 16' Wide Future Secondary Driveway shall always be maintained so as to be
passable by ordinary passenger, service and emergency vehicles and this shall include prompt
repair of any "potholes" or similar defects and it shall be cleared to a minimum of 16 feet in
width and a minimum of 15 feet in height, violation of which may cause the 16' Wide Future
Secondary Driveway to become substandard.
1. The 10' Wide Pedestrian Access Easement shall always to maintained so as to be passable by
pedestrians and this shall include prompt repair of any "potholes' and trimming of any intrusive
vegetation or similar defects in the 10' Wide Pedestrian Access Easement, visitation of which
may cause the 10' Wide Pedestrian Access Easement to become substandard.
J. In the event one of the lot owners fails to pay their proportionate share of maintenance costs
within seven (7) days of notification of charges, such unpaid monies may be collected
proportionately from the other lot owners. In this event, all lot owners having duly paid both
their proportionate share of maintenance costs 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 not paid
his/her proportionate share shall subject his/her real property to the lien of the lot owners who
have paid his/her shares of maintenance costs. The lot owner who has paid his/her
proportionate share of maintenance costs 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 presumption that the
maintenance work for which monies are owed was validly authorized by the majority of the lot
owners and was competently performed by the contractor who did the work. A defaulting lot
owner shall be liable for all maintenance costs and expenses, including but not limited to
attorney's fees which are incurred by the other lot owners in recovering the defaulting lot
owner's unpaid share of maintenance costs.
K. Notwithstanding anything to the contrary herein, each and every lot owner shall repair, at
his/her sole costs and expense, any damage done to the 25' Driveway Road, the 16' Wide
Future Secondary Driveway and the 10' Wide Pedestrian Access Easement by construction
traffic or other implements used in the construction 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
a s default in the payment of maintenance costs,in accordance with sub-paragraph "G"above.
3. This Declaration shall run with the land and shall be binding upon all grantees, heirs, executors,
administrators, legal representatives, distributees, successors, or assigns of any portion of the subject
parcels.
4. This Declaration is intended for the benefit of and shall be construed to be in addition to and not in
derogation or limitation of any provisions of local, state and federal laws, ordinances, and/or regulations in
effect at the time of execution of this Declaration, or at the time such laws, ordinances and/or regulations
may hereafter be revised, amended or promulgated.
5. This Declaration is intended for the benefit of the lot owners and shall be enforceable by each owner by
injunctive relief or any other remedy in equity or at law. The failure of said owners to enforce the same
shall not be deemed to affect the validity of this Declaration, or to impose any liability whatsoever upon the
owners.
6. The owners, their respective distributees, devisees, personal representatives, successors or assigns, upon
whom this Declaration and conveyances shall be binding and to whom its benefits shall inure, shall in no
way impede or obstruct the other owners in the free use of the 25' Driveway Road, the 16' Wide Future
Secondary Driveway and the 10' Wide Pedestrian Access Easement, for the purposes set forth above.
7. If any section, subsection, paragraph, clause,phrase or provision of this Declaration shall, by a Court of
competent jurisdiction, be adjudged illegal, unlawful, invalid or be held to be unconstitutional, the same
shall not affect the validity of this Declaration as a whole, or any other part or provision hereof other than
the part so adjudged to be illegal, unlawful, invalid or unconstitutional.
IN WITNESS WHEREOF, this Declaration is signed on the date written above.
ALAN A. CARDINALE
State of New York: County of Suffolk:ss:
On the , !O7�—' day of 2016, before me the undersigned personally appeared Alan
A. Cardinale, 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 this instrument, the individual, or the person on behalf of
which the individual acted, exec ted the instrument.
Vtary Public
AMIN A.01N ft
Notary Pub9c State of New Yak
No.01ON4899098
Q�iiffed in Suf 1k County
Corm ,sslkm Fires. ;a 29,6111
SCHEDULE A
James Creek Landing Subdivision
SUFFOLK County Tax Map 1000-122.00-03.00-001.004
ALL that certain plot,piece or parcel of land,with buildings and improvements thereon erected,
situate,lying and being at Mattituck,Town of Southold,County of Suffolk and The State of New
York,bounded and described as follows:
BEGINNING at a point on the easterly side of Main Road (N.Y.S. Route 25)at the northeasterly
corner of the premises herein described adjoining land now or formerly of Petco Realty Co. on
the North,said point being 280.40 feet southerly from the corner formed by the intersection of
the southerly side of New Suffolk Avenue and the easterly side of Main Road(N.Y.S.Route
25),as measured along said easterly line of Main Road(N.Y.S.Route 25);
RUNNING thence along land novo or formerly of Petco Realty Co.the following two (2)courses
and distances:
(1) South 83 degrees 11 minutes 50 seconds East,313.77 feet to a point;
(2) North 30 degrees 06 minutes 10 seconds East, 100.00 feet to`a point along the
southerly line of land now or formerly of Tom's Dream;
RUNNING thence South 83 degrees I 1 minutes 50 seconds East along above said land,224.41
feet to a point along the westerly line of land now or formerly Glenn G.And Louise Munn;
RUNNING thence along above said land the following two(2)courses and distances:
(1) South 01 degrees 04 minutes 40 seconds West,362.00 feet to a point;
(2) South 61 degrees 44 minutes 20 seconds East,246.17 feet to a point along the
westerly shore line of James Creek;
RUNNING thence along the shore line.of James Creek the following nine(9) courses and
distances:
(1) South 24 degrees 25 minutes 37 seconds West,251.28 feet to a point;
(2) South 02 degrees 46 minutes 35 seconds West,22.38 to a point;
(3) South 26 degrees 45 minutes 11 seconds West, 104.85 feet to a point;
(4) South 02 degrees 32 minutes 25 seconds West,292.19 feet to a point;
(5) South 21 degrees 25 minutes 17 seconds West, 57.09 feet to a point
(6) North 56 degrees 15 minutes 20 seconds West 61.84 feet to a point;
(7) North 66 degrees 34 minutes 15 seconds West, 89.82 feet to a point;
(8) North 79 degrees 19 minutes 03 seconds West,281.71 feet to a point;
(9) North 80 degrees 48 minutes 26 seconds West,383.81 feet to a point along the
easterly line of land now or formerly of Lorna and Thomas Luniewski;-
(1)
f
RUNNING thence North 48 degrees 00 minutes 00 seconds East, along lands now or formerly of
Lorna and Thomas Luniewski,Alfred and Christina Steiner, Frank Milowski,Zozislaw and
Stefanie Mikoloiczyk,Roy A. Schelin and Paul Lucas, 605.28 feet to a point at the southeast
comer of land now or formerly of Paul Lucas;
RUNNING thence North 57 degrees 51 minutes 40 seconds West along lands now or formerly of
Paul Lucas,Paul and Helen Lucas and Walter Grabie,Inc,568.41 feet to a point along the
easterly side of Main Road(N.Y.S. Route 25); -
RUNNIING thence along the easterly side of Main Road (N.Y.S.Route 25)the following three
(3)courses and distances:
(1) North 44 degrees 56 minutes 00 seconds East, 170.00 feet of a point;
(2) North 37 degrees 07 minutes 50 seconds East, 103.23 feet to a point;
(3) North 30 degrees 06 minutes 10 seconds East, 60.00 feet to the point or place of
BEGINNING.
i �
(2)
I
SCHEDULE B
25' Driveway Road (16' Wide Gravel Road)
-ALL that certain plot, piece or parcel of land situate, lying and being at Mattituck, Town of
Southold. County of Suffolk and The State of New York, more particularly bounded and
described as follows:
BEGINNING at a point 537.36 feet as measured southerly along the easterly side of Main Road
(N.Y.S. Route 25) from the corner formed by the intersection of the easterly side of Main Road
(N.Y.S. Route 25) and the southerly side of New Suffolk Avenue:
RUNNING thence the following seven (7)courses and distances through land notiv or formerly of
Alan Cardinale:
(I) Along the arc of a curve to the left having a radius of 25.00 feet and a length of
39.27 feet to a paint;
(2) South 57 degrees 51 minutes 40 seconds East_ 572.25 feet to a point;
(3) South 48 degrees 00 minutes 00 seconds West, 169.63 feet to a point;
(4) North 42 degrees 00 minutes 00 seconds West, 25.00 feet to a point;
(5) North 48 degrees 00 minutes 00 seconds East, 120.66 feet to a point;
(6) Along the arc of a curve to the left having a radius of 12.00 feet and a length of
22.17 feet to a point;
(7) North 57 degrees 51 minutes 40 seconds West, 553.95 feet to a point along the
easterly side of Main Road (N.Y.S. Route 25);
RUNNING thence North 44 degrees 56 minutes 00 seconds East, along the easterly side of Main
Road(N.Y.S. Route 25), 50.64 feet to the point or place.of BEGINNING.
Legal Description of 16' Wide Future Secondary Driveway
Schedule C
ALL that certain plot,piece or parcel of land, situate, lying and being at Mattituck, Town of
Southold,County of Suffolk and The State of New York, bounded and described as follows:
BEGINNING at a point the following three(3)courses and distances from the corner formed by
the intersection of the southerly side of New Suffolk Avenue and the easterly side of Main Road
(N.Y.S. Rte. 25):
(1) Southerly along the easterly side of Main Road, 537.36 feet to a point;
(2) Through land now or formerly of Alan Cardinale along the are of a curve to the
left having a radius of 19.96 feet and a length of 35.81 feet to a point;
(3) Continuing through above said land South 57 degrees 51 minutes 40 second East,
221.03 feet to the point or place of BEGINNING;
RUNNING thence the following five (5) courses and distances through land now or formerly of
Alan Cardinale:
(1) Along the arc of a curve to the right having a radius of 65.00 feet and a length of
73.93 feet to a point;
(2) North 47 degrees 01 minutes 13 seconds East, 293.42 feet to a point;
(3) Along the arc of a curve to the right having a radius of 150.00 feet and a length of
78.03 feet to a point;
(4) North 76 degrees 49 minutes 27 seconds East, 204.16 feet to a point;
(5) Along the are of a curve to the left having a radius of 100.00 feet and a length of
49.37 feet to a point along the southerly line of land now or formerly of Glenn G
and Louise Munn;
RUNNING thence the following two(2)courses and distances along the southerly and westerly
lines of land now or formerly of Glenn G. And Louise Munn:
(1) South 83 degrees 11 minutes 50 seconds East, 10.15 feet to a point;
(2) South 01 degrees 04 minutes 40 seconds West, 11.43 feet to a point;
i
(E
3
{1)
RUNNING thence the following six(6)courses and distances through land now or formerly of
Alan Cardinale:
(1) Along the arc of a curve to the right having a radius of 116.00 feet and a length of
56.30 feet to a point;
(2) South 76 degrees 49 minutes 27 seconds West,204.16 feet to a point;
(3) Along the arc of a curve to the left having a radius of 134.00 feet and a length of
69.70 feet to a point; .
(4) South 47 degrees 01 minutes 13 seconds West,293.15 feet to a point;
(5) Along the arc of a curve to the left having a radius of 50.00 feet and a length of
57.96 feet to a point;
(6) North 57 degrees 51 minutes 40 seconds West, 42.57 feet to the point or place of
BEGINNING.
SCHEDULE D
10' Wide Pedestrian Access Easement
ALL that certain plot, piece or parcel of land situate, lying and being at Mattituck,Town of
Southold,County of Suffolk,and The State of New York,more particularly bounded and
described as follows:
BEGINNING at a point the following three(3)courses and distances from the corner formed by
the intersection of the easterly side of Main Road(N.Y.S.Route 25) and the southerly side of
New Suffolk Avenue:
(1) 613.13 feet as measured southerly along the easterly side of Main Road (N.Y.S.
Route 25)to a point;
(2) South 57 degrees 51 minutes 40 seconds East along the northerly lines of lands
now or formerly of Walter Grabie,Inc.,Paul Lucas and Helen Lucas, 568.41 feet
to a point;
(3) South 48 degrees 00 minutes 00 seconds West along the easterly lines of lands
now or formerly of Paul Lucas and Roy A. Schelin, 110.55 feet to the point or
place of BEGINNING;
RUNNING the following six (6) courses and distances through land now or formerly of Alan
Cardinale:
(1) South 42 degrees 00 minutes 00 seconds East, 10.00 feet to a point;
(2) South 48 degrees 00 minutes 00 seconds West,431.93 feet to a point;
(3) South 08 degrees 40 minutes 15 seconds West, 19.19 feet to a point;
(4) South 73 degrees 21 minutes 57 seconds East, 17.31 feet to a point;
(5) South 52 degrees 46 minutes 56 seconds East, 18.21 feet to a point;
(6) South 06 degrees 25 minutes 45 seconds West, 12.70 feet to a point along the
northerly shoreline of James Creek;
RUNNING thence North 80 degrees 48 minutes 26 seconds West along the northerly shoreline of
James Creek,81.17 feet to a point along the easterly line of land now or formerly of Alfred and
Christina Steiner;
RUNNING thence North 48 degrees 00 minutes 00 seconds East along the easterly lines of lands
now or formerly of Alfred and Christina Steiner,Frank Milowski,Zdzislaw and Stefanie
Mikoloiczyk and Roy A. Schelin,494.73 feet to the point or place of BEGINNING