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Home My WebLink AboutL 12904 P 802SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 03/16/2017 Number of Pages: 9 At: 12:35:51 PM Receipt Number : 17-0044999 TRANSFER TAX NUMBER: 16-24576 LIBER: D00012904 PAGE: 802 District: Section: Block: Lot: 1000 108.00 04.00 011.003 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 $0.50 NO Cert.Copies $0.00 NO RPT $200.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $290.50 TRANSFER TAX NUMBER: 16-24576 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County F1 0� RECORDED Number of pages 2017 Mar 16 12:35:51 PM :TUDITH a. PRSCRLE CLERK. OF This document will be public SUFFOLK COUNTY 12904 record. Please remove all L CP 802 P 802 Social Security Numbers DT# 1>a-24576 prior to recording. j Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 1 FEES Page / Fllir g Fee^ / Mortgage Amt. IV 1. Basic Tax Handling 20. 00 2. Additional Tax TP -584 Sub Tota I Notation Spec./Assit. or EA -52 17 (County) Sub Total --7 c) Spec. /Add. EA -5217 (State} TOT. MTG. TAX Dual Town Dual County R.P,T.S.A. Held forAppointment Comm. of Ed. 5. 00 Transfer Tax Affidavit ++ Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 1s. 00 family dwelling only. Sub Total C/ YES orNO Other Grand Total C/ / •� If NO, see appropriate tax clause on page tt of this instrument. 4 Dist. 3333993 1000 10800 0400 011003 I 1111111111111111111111 5 Community Preservation Fund 1111 Jill Real Property R�SM� A It11111�I1I��ll��Il�Ii�llli��llillil.Jill l��l Consideration Amount $ Tax Service Il 11 I Agency 15 -FEB -17 CPF Tax Due $ Verification / pp Improved 6 Satisfaction s/Discharg RECORD e RETURNpe TO: y Owners Mailing Address Vacant Land + WHEN RECORDED RETURN TO: l OLD REPUBLIC TITLE TD ATTN: COMMERCIAL POST CLOSING 530 SOUTH MAIN ST TD SUITE 1031 AKRON OHIO 44311 TD (330336-6000) Mail to: Judith A. Pascale, Suffolk County Clerk 7 1 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk Title q 8 Suffolk County Recording & Endorsement Page „�. This page forms part of the attached ASSIGNMENT F aZj&�, made by: (SPECIFYTAPE OF INSTRUMENT) GOBIL, LLC The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of MATTITUCK SBA TOWERS IX, LLC In the VILLAGE orHAMLETof SOUTHOOLD BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over repared by and Return to: WHEN RECORDED RETURN TO, 1 SBA Network Services, LLC OLD REPUBLIC TITLE Attn: Karen Mello ATTN. COMMERCIAL POST CLOSING 8051 Congress Avenue 530 SOUTH MAIN ST Boca Raton, FL 33487 SUITE 1031 561-226-9495 AKRON OHIO 44311 1W 6,303 UGt5 S ASSIGNMENT h-rrCt"(CGL �Ft 3ggq (-e._ THIS ASSIGNMENT ("Assignment") is made and entered into as of this 3r-" day of ,Iqo 2016 ("Transfer Date") by4POBIL,LLON Florida limited liability company ("Assignor"), to SQA TOWERS IN, LL elaware limited liability company ("Assignee"). RECITALS A. 4*Pursuant to that certain Agreement to Purchase of Easement ("Purchase and Sale Agreement") dated as of January 19, 2016, as amended, by and between Assignor and Assignee, Assignor is assigning to Assignee easement rights over a portion of the Real Property located at 415 Elijah's Lane, Mattituck, NY, (the "Easement") which Easement and Real Property are more particularly described on Exhibit "A" attached hereto. All capitalized terms not otherwise defined in this Assignment shall have he meaning ascribed thereto in the Purchase and Sale Agreement. B. Assignor further desires to convey and/or assign all of its right, title, claim and interest in and to the Tenant Leases and the Security Deposits (as defined herein), together with certain rights and guarantees in connection therewith, to Assignee as of the Transfer Date. NOW THEREFORE, in consideration of the mutual covenants contained in this Assignment, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. RECITALS. The recitals set forth above are incorporated herein and made a part hereof and are true and correct. 2. PERSONAL PROPERTY. Assignor hereby represents that it does not own any Tangible Personal Property and Intangible Personal Property used in connection with the communications equipment located on the Easement, including but not limited to any appurtenances to or improvements used in connection therewith, to the extent deemed personalty (collectively, "Personal Property"). 3. ASSIGNMENT. As of the Transfer Date, Assignor hereby irrevocably and absolutely assigns and transfers to Assignee, and its successors and assigns, all of Assignor's right, title, claim and interest in, to and under the Assigned Lease Interests, as defined in this paragraph. As used herein, the term Assigned Lease Interests shall include (a) the Tenant Leases with respect to the Easement, including the income associated therewith as identified on the Exhibit "B"; (b) all security deposits under such Tenant Leases (the "Security -Deposits") (including those identified on the Rent Roll); and (c) all guarantees and other assurances with respect to such Tenant Leases. Assignor will 00091656 - Q Site ID: NY] 8009-G USNY10002 Baxter indemnify, defend and hold harmless Assignee, its successors and assigns and their respective agents, representatives, parents, subsidiaries, employees, attorneys, shareholders and past, present and future directors, and officers, together with the Assigned Lease Interests from and against any claim, damage, loss, liability, obligation, demand, defense, judgment, suit, proceeding, disbursement or expense, including reasonable attorneys' fees or costs (including those related to appeals) of any nature whatsoever (collectively, "Losses and Liabilities"), which may be imposed upon, asserted against or incurred or paid by Assignee by reason of, arising out of or in any way related to the Assigned Lease Interests prior to the Transfer Date or which arise out of or are in any way related to the Assigned Lease Interests after the Transfer Date on account of any fact or circumstance occurring or existing prior to the Transfer Date. Assignor hereby represents and warrants to Assignee that Assignor is the sole owner of the Assigned Lease Interests. None of the Assigned Lease Interests have been assigned to any individual or entity (other than Assignee). 4. ACCEPTANCE OF ASSIGNMENT. Assignee, as of the Transfer Date, hereby accepts the foregoing assignment and assumes all of the Assignor's obligations under the Assigned Lease Interests which arise or relate to the period after the Transfer Date, provided, however, Assignee only assumes the obligations with respect to the Security Deposits to the extent Assignee has received such Security Deposits from Assignor. Assignee will indemnify, defend and hold harmless Assignor, its successors and assigns and their representatives, agents, employees, directors and officers from and against any and all Losses and Liabilities arising out of or in any way related to the Assigned Lease Interests on and after the Transfer Date, except for Losses and Liabilities which arise out of or are in any way related to the Assigned Lease Interests after the Transfer Date on account of any fact or circumstance occurring or existing prior to the Transfer Date. 5. JURISDICTION AND VENUE. The parties acknowledge that a substantial portion of the negotiations, anticipated performance and execution of this Assignment occurred or shall occur in Palm Beach County, Florida. Any civil action or legal proceeding arising out of or relating to this Assignment shall be brought in the courts of record in the state in which the Real Property is situated. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Service of any court paper may be effected on such party by mail, as provided in this Assignment, or in such other manner as may be provided under applicable laws, rules of procedure or local rules. 6. ATTORNEYS FEES AND COSTS. In the event of any litigation or arbitration arising out of this Assignment, the prevailing party will be entitled to recover all expenses and costs incurred in connection therewith, including reasonable attorneys' fees and costs at both trial and appellate levels. 7. BINDING EFFECT. This Assignment will be binding upon, and will inure to the benefit of the parties herein, their heirs, executors, administrators, successors -in -interest and assigns. 00091656 - Q Site ID: NY18009-G USNY10002 Baxter 8. COUNTERPARTS. This Assignment may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 9. PURCHASE AND SALE AGREEMENT. Nothing contained in this Assignment will be deemed or construed as relieving the Assignor or Assignee of their respective duties and obligations under the Purchase and Sale Agreement. THIS ASSIGNMENT has been executed by Assignor and Assignee on the Transfer Date. IN WITNESS WHEREOF, Assignor and Assignee have executed this instrument as of the date first above written. WITNESSES: ASSIGNOR: GOBIL, LLC, a Florida limited liability company,' By: Print Name: Willi J. Baxter Title: Managing Member STATE OF FLORIDA COUNTY OF �g &A n The foregoing instrument was acknowledged before me g , 2016, by William J. Baxter, Managing Member, Gobil, LLC, a Florida limited li bility company on behalf of the company, who is personally known to me. Witness my hand and seal at office this Z� SaTmen Mitre NOTARY PUBLIC STATE OF FLORIDA comm# FF937279 Expires 11118/2019 (NOTARY SEAL) 00091656 - Q Site ID: NY18009-G USNY10002 Baxter day of April, 2016. YtA- A5te&y Publi Print Name: Mrj- My Commission Expires: 1111SAh 0 • WITNESSES: Print Name: L,4M A F 9V cr 6M o "-- rint Name: r2.. MQ. STATE OF FLORIDA COUNTY OF PALM BEACH ASSIGNEE: SBA TOWERS IX, LLC, a Delaware limited liability company By: Thomas P. Hunt Executive Vice President & GeneraI Counsel The foregoing instrument was acknowledged before me Maq 3 , 2016, by Thomas P. Hunt, the Executive Vice President & General Counsel of BA Towers IX, LLC, a Delaware limited liability company, on behalf of the company, who is personally known to me. ."V'P" DENISE M, SCHERER :QS�Y F 6 ��• __ * o Notary Public State of Florida •, any Comm. Expires Apr 24. 2017 _ i;3 Q,= Commission # FF 005763 °;,f% d`'', BoMed Through National Notary Assn. Notary Public Print Name: My Commission Expires: (NOTARY SEAL) 00091656 - v2 Site ID: NY 18009-G USNY10002 Banter 4 EXHIBIT "A" PARENT PARCEL (AS PROVIDED) SITUATED IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK: PARENT PARCEL: CERTAIN REAL PROPERTY AS SHOWN ON THE SUFFOLK COUNTY TAX MAP AS DISTRICT 1000, SECTION 108, BLOCK 4, LOT(S)11.003 AND 11.002, AND BEING FURTHER DESCRIBED AS BEING LOT NO.2 ON A CERTAP - MAP ENTITLED, "MAP OF ALTERATION OF BOUNDARY LINE PROPOSED FOR WILLIAM J. BAXTER, JR., PATRICIA BAXTER, ROBERT A. GOELLER, JR. AND JANE P. GOELLER, AT MATTITUCK, TOWN OF SOUTHOLD, SUFFOLK COUNTY, N.Y." FILED ON MAY 15, 1990 IN THE OFFICE OF THE SUFFOLK COUNTY CLERK AS MAP NO. 8937. TAX I.D. NUMBER: 1000-108.00-04.00-011.003 BEING A PORTION OF THE SAME PROPERTY CONVEYED TO GOBIL,LLC, A FLORIDA LIMITED LIABILITY COMPANY, GRANTEE, FROM WILLIAM J. BAXTER, JR. AND PATRICIA BAXTER, GRANTOR, BY DEED RECORDED 1210712011, AS BOOK 12678, PAGE 798 OF THE SUFFOLK COUNTY RECORDS. BEING THE SAME PROPERTY CONVEYED TO GOBIL,LLC, A FLORIDA LIMITED LIABILITY COMPANY, GRANTEE, FROM JANE B. GOELLER AS TRUSTEE OF THE GOELLER FAMILY SURVIVOR'S TRUST U/A DATED APRIL 5, 2010, GRANTOR BY DEED RECORDED 313012016, AS BOOK 12858, PAGE 542 OF THE SUFFOLK COUNTY RECORDS. BEING THE SAME PROPERTY CONVEYED TO GOBIL,LLC, A FLORIDA LIMITED LIABILITY COMPANY, GRANTEE, FROM JANE B. GOELLER AS TRUSTEE OF THE WELLER FAMILY BY- PASS TRUST U/A DATED APRIL 5, 2010, GRANTOR BY DEED RECORDED 3/30/2016, AS BOOK 12858, PAGE 545 OF THE SUFFOLK COUNTY RECORDS. EXCLUSIVE EASEMENT A PORTION OF ALL THAT CERTAIN PARCEL OF LAND LYING IN THE HAMLET OF MATTITUCK, COUNTY OF SUFFOLK, STATE OF NEW YORK, DESCRIBED IN DEED BOOK 12638 PAGE 545, DEED BOOK 12858 PAGE 542, DEED BOOK 12578 PAGE 798, FURTHER DESCRIBED AS: COMMENCING FROM AN EXISTING IRON PIPE, FOUND ON THE NORTHERN MOST CORNER OF SAID PARCEL (SUFFOLK COUNTY TAX PARCEL 1000-108.00-04.00-011.003), ALSO LYING ON THE WESTERN PUBLIC RIGHT OF WAY OF ELIJAHS LANE, HAVING NEW YORK STATE PLANE COORDINATES (LONG ISLAND ZONE) E: 1395323.13' -AND- N:307109-08'; THENCE, S 160 20'24" W FOR A DISTANCE OF 238.19 FEET TO THE POINT OF BEGINNING THENCE, S 66° 02' 03" W FOR A DISTANCE OF 101.79 FEET TO A POINT; THENCE, N 23° 57' 57" W FOR A DISTANCE OF 100.00 FEET TO A POINT; 00091656 - Q Site ID: NY 18009-G USNY10002 Baxter . • • THENCE, N 660 02'03" E FOR A DISTANCE OF 100.00 FEET TO A POINT; THENCE, S 230 57'57" E FOR A DISTANCE OF 65.28 FEET TO A POINT; THENCE, N 66° 02' 03" E FOR A DISTANCE OF 1.66 FEET TO A POINT; THENCE, S 24° 10' 26" E FOR A DISTANCE OF 34.72 FEET TO THE POINT OF BEGINNING CONTAINING 10060 SQFT -AND- 0.23 ACRES. NON-EXCLUSIVE ACCESS/UTILITY EASEMENT A PORTION OF ALL THAT CERTAIN PARCEL OF LAND LYING IN THE HAMLET OF MATTITUCK, COUNTY OF SUFFOLK, STATE OF NEW YORK, DESCRIBED IN DEED BOOK 12638 PAGE 545, DEED BOOK 12858 PAGE 542, DEED BOOK 12578 PAGE 798, FURTHER DESCRIBED AS: COMMENCING FROM AN EXISTING IRON PIPE, FOUND ON THE NORTHERN MOST CORNER OF SAID PARCEL (SUFFOLK COUNTY TAX PARCEL 1000-108.00-04.00-011.003), ALSO LYING ON THE WESTERN PUBLIC RIGHT OF WAY OF ELIJAHS LANE, HAVING NEW YORK STATE PLANE COORDINATES (LONG ISLAND ZONE) E:I395323.13' -AND- N:307109.08; THENCE, S 16" 20' 24" W FOR A DISTANCE OF 238.19 FEET TO THE POINT OF BEGINNING ON AN EXISTING 10560 SQFT TOWER LEASE, THENCE, ALONG SAID TOWER LEASE, N 24° 10' 26" W FOR A DISTANCE OF 20.01 FEET TO A POINT; THENCE, DEPARTING SAID TOWER LEASE, N 63° 39'25" E FOR A DISTANCE OF 193.89 FEET TO A POINT ON THE WESTERN RIGHT OF WAY OF ELIJAHS LANE, A PUBLICLY DEDICATED RIGHT OF WAY; THENCE, ALONG SAID RIGHT OF WAY, S 38° 24' 55" E FOR A DISTANCE OF 20.45 FEET TO THE THENCE, DEPARTING SAID RIGHT OF WAY S 63° 39'25" W FOR A DISTANCE OF 198.93 FEET TO THE POINT OF BEGINNING CONTAINING 3928 SQFT -AND- 0.09 ACRES. FALL RADIUS EASEMENT A PORTION OF ALL THAT CERTAIN PARCEL OF LAND LYING IN THE HAMLET OF MATTITUCK, COUNTY OF SUFFOLK, STATE OF NEW YORK, DESCRIBED IN DEED BOOK 12638 PAGE 545, DEED BOOK 12858 PAGE 542, DEED BOOK 12578 PAGE 798, FURTHER DESCRIBED AS: COMMENCING FROM AN EXISTING IRON PIPE, FOUND ON THE NORTHERN MOST CORNER OF SAID PARCEL (SUFFOLK COUNTY TAX PARCEL 1000-108.00-04.00-011.003), ALSO LYING ON THE WESTERN PUBLIC RIGHT OF WAY OF ELIJAHS LANE, HAVING NEW YORK STATE PLANE COORDINATES (LONG ISLAND ZONE) E:1395323.13' -AND- N:307109.08; THENCE, S 340 33'07" W FOR A DISTANCE OF 244.33 FEET TO THE CENTER OF A CIRCULAR FALL ZONE EASEMENT WITH A RADIUS OF 118.00 FEET 00091656 - Q Site ID: NY18009-G USNY 10002 Baxter 6 ADDITIONAL AREA A PORTION •OF ALL THAT CERTAIN PARCEL OF LAND LYING IN THE HAMLET OF MATTIFUCK, COUNTY OF SUFFOLK, STATE OF NEW YORK, DESCRIBED IN DEED BOOK 12638 PAGE 545, DEED BOOK 12858 PAGE 542, DEED BOOK 12578 PAGE 798, FURTHER DESCRIBED AS: COMMENCING FROM AN EXISTING IRON PIPE, FOUND ON THE NORTHERN MOST CORNER OF SAID PARCEL (SUFFOLK COUNTY TAX PARCEL 1000-108,00-04.00-011.003), ALSO LYING ON THE WESTERN PUBLIC RIGHT OF WAY OF ELIJAHS LANE, HAVING NEW YORK STATE PLANE COORDINATES (LONG ISLAND ZONE) E:I395323.13' -AND- N:307109.08'; THENCE, S 38° 23' 17" W FOR A DISTANCE OF 175.95 FEET TO THE POINT OF BEGINNING; THENCE, S 660 02'03" W FOR A DISTANCE OF 25.00 FEET TO A POINT; THENCE, N 230 57'57" W FOR A DISTANCE OF 20.00 FEET TO A POINT; THENCE, N 660 02'03" E FOR A DISTANCE OF 25.00 FEET TO A POINT; THENCE, S 23c57' 57" E FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING CONTAINING 500 SQFT -AND- 0.01 ACRES. 00091656 - v2 Site I D: NY 18009-G USNY 10002 Baxter 7 EXHIBIT 9 1 13 11 Unrecorded Land Lease dated January 30, 1991 by and between Gobil, a partnership ("Landlord") and Cellular Telephone Company, a New York general partnership ("Tenant"), as amended and assigned ("AT&T Lease") Unrecorded Standard Ground Lease Agreement dated April 12, 1999 by and between Gobil, a partnership ("Landlord") and Omnipoint Communications, Inc., a Delaware corporation ("Tenant") . as amended and assigned ("T -Mobile"). Unrecorded PCS Site Agreement dated April 3, 2000 by and between Will; J. Baxter Jr., Patricia Baxter, Robert A. Goeller, Jr. and Jane P, Goeller ("Landlord") and Sprint Spectrum LP, a Delaware limited partnership ("Tenant"), as amended and assigned ("Sprint Lease"). Land Lease Agreement dated December 13, 2000 by and between William J. Baxter, Jr., and Patricia Baxter, Robert A. Goeller, Jr. and Jane P. Goeller ("Landlord") and New York SMSA limited partnership, a limited partnership of the State of New York, d/b/a Verizon Wireless ("Tenant") as amended and assigned ("Verizon Lease") as evidenced by that Memorandum of Lease recorded January 29, 2001, in Book 12099, Page 286, Suffolk County Records, New York. (AT&T Lease, T -Mobile Lease, Sprint Lease and Verizon Lease, are collectively, "Tenant Leases"). 00091656 - Q Site ID: NY18009-G USNY10002 Baxter