HomeMy WebLinkAboutL 12918 P 455 1 1 1 1 1 1 IIII I I III I I I I I I I I I I I I I I I IIIII IIIII CE[II Till 1 1 1 1
I I I I I I I I I I I I I I I I I I I
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 06/27/2017
Number of Pages : 9 At: 01 : 31 : 40 PM
Receipt Number : 17-0108474
TRANSFER TAX NUMBER: 16--35457 LIBER: D00012918
PAGE : 455
District: Section: Block: Lot:
1000 104 . 00 12 .00 006 . 001
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 $5 . 85 NO RPT $200 .00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO
Fees Paid $295 . 85
TRANSFER TAX NUMBER: 16-35457
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
as
RECORDED
Number of pages 2017 Jun 27 01:31:40 Pli
JUDITH R. PASCALE
CLERK OF
This document will be public SUFFOLK COUNT,'
record. Please remove all L D00012918
Social Security1
DT# 16--35Numbers 35
457
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
���
Page/Filing Fee Mortgage Amt.}-�
1. Basic Tax _
Handling 20. 00
2. Additional Tax _
TP-584 ' Sub Total
Notation Spec./Assit.
�� or
EA-52 17(County) Sub Total D • Spec./Add.
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A. Dual Town Dual County_
Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Affidavit ` — ��� Mansion Tax
=nifiediJThe property covered by this mortgage is
Y or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Tota] YES or NO
Other -- — Grand Total S� If NO,see appropriate tax clause on
page# of this instrument.
4 1 Dist. 3423353 iaoo 10400 1200 006001 5 Community Preservation Fund
Real Propertj p T g INf���111111111 W�111 Consideration Amount $
Tax Service R LPA A
Agency Z7-JUN-17 CPF Tax Due $
Verification,
- - Improved
G Satisfactions/DischargesIReleases List Property Owners Mailing Address
RECORD&RETn RNTO:� Vacant Land
p� G y TD
TD
e , Aj / TD
l \;_ }
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.N m
www.suffolkcountyny.gov/clerk Title#
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Q Se-VIA e j made by:
� • —�' (SPECIFY TYPE OF INSTRUMENT)
2 C !VAQ Y l+7 v r The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of S' y aIV dy
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
12-#167..10/oAk
over
COMMON DRNEWAY EASEMENT
THIS INDENTURE,made this Z%day of Jens,2017, by and between Theodore
C.Martz Jr., residing at .LRyerson Avenue MoOPI IteHY 11GRANTOR', and
---
Theodore C. Marla Jr.,_residing$�4e _ �! nu�, lnorville DIY I? p
- ('1GROWTEE7)
WHEREAS, GRANTOR owns certain lands situate at §M Broadwa#srs Road, -
County of Sufioik, StaW of New York(pto SCTM#1000-104-12-6-1), also known as Lot 1
as shown on the filed map entitled"Final Plat Land Division at Broadwaters° prepared by
Kenneth M. Woychr* Land Sum eying.PLLC, da!ed„ 3„�r jnd last revised on
,dune 26,201 'herelrisftr refemad to aat%FtUed
WHEREAS, GRANTEE owns certain lands situate atM BBroadwaters .Road,.
County of Suffolk, State of New York (plo SCTM##100D-104-12-6-1), also known as Lot 2
on tine Fried Map;and
WHEREAS, GRANTOR is required, pursuant to the subdivision approval granted
by the Planning Board of the Town of Southold on the Filed Map, to share a single
driveway access to Broadwaters Road with GRANTEE, and to provide an easement for
Ingress to and egress from the lands of GRANTEE (Lot 2)over a portion of GRANTOR'S
lands(Lot 1)which leads to the public street known as Broadwatem Road;and
WHEREAS, said access area Is described on Schedule OR annexed hereto end
made a part hereof and said access area is herelnefter.referred to as "the Easement
Anima',and
WHEREAS, the Easement Area is also depleted on the Filed Map, annexed hereto
as Exhibit°A"and matte a past here&
WHEREAS, GRANTOR desires to limit GRANTEE'S use of the Easement Area so
that GRANTEE can use the Easement Area for ingress and egress of GRANTEE'S
Premises;
NOW THEREFORE, In consideration of ONE DOLLAR($1.40)and other good and
vatuable consideration to GRANTOR, the receipt of which is hereby acknowledged, this
agreement
WITNESSETH
1. GRANTOR does hereby grant, transfer, bargain, sell and convey unto GRANTEE,
In perpetuity subject to the limitations contained herein, a common driveway
easement, of the nature, character, and to the extent hereinafter set fbrth over and
1 upon tt►e Easement Area.
2. The nature,character,and extent of the easement hereby granted Is as foibm
(a) GRANTEE shalt have the right to use the Easement Area over Lot 9 for the
purpose of vehicular and pedestrian ingress and egress from GRANTEE'S
Premises to the public street know as Broadwaters Road.
(b) GRANTOR shall permit the Installation of underground utilities for the benefit
of Lots 1 and 2. More spedficaliy the owner of the common driveway shall
allow the placement; installation, maintenance, repair, inspection and
replacement of said driveway and utilities, Including but not limited to water
lines, elechic, cable, gas and any such other utilities as may become
available to and from Broadwaters Road, a Town Road,to Lots 1 and 2.
(c) The GRANTOR and GRANTEE shalt share that portion of the Easement
Area dossed to Broadwaters Road as a common driveway, as shown on the
Piled Map.
(d) The GRANTEE shall have the sole responsibility to maintain the driveway to
Lot 2 that is not part of the common driveway, as shown on the Fled Map,
including the right to resurface that area with permeable material for the safe
passage of vehicles and pedestrians. The right to resurface the easement
area does not Include any right to landscape the edge of such.
(e) The GRANTOR and GRANTEE agree that the driveway apron and,
common driveway portion of the Easement Anja mai remain as the same
design, type of construction and material as originally installed, unless
otherwise agreed to by the owners of bots 1 and 2 and approved in advance
by the Planning Board of the Town of Southold.
(1) The GRANTOR and GRANTEE shall have equal responsibility dor
maintaining the common driveway portion of said Easement Area The word
°maintenance" as used in this Easement, shall be deemed to mean all costs
and expenses in connection with said Easement Area driveways, including
the costs of sweeping, surfacing and resurfacing, re-gravelling, 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 Easement Area to access each Lot
(g) The GRANTOR and GRANTEE agree that the Easement Area shall always
be maintained so as to be passable by ordinary passenger, service and
emergency vehicles and the Easement Area access shall be maintained and
cleared to a minimum of 16 feet in width and a minimum of 16 feet in height
in perpetuity.
(h) The GRANTOR and GRANTEE shall determine what maintenance shall be
done on common driveway and the maintenance costs to be expended
therefore by mutual agreement
(i) Notwithstanding anything to the contrary herein, each and every lot owner
shall repair, at his/her sole casts and expense, any damage done to the
common driveway by the respective lot owner. Any failure to make or pay
for such repair may be treated by the other lot owner; as a default in the
payment of maintenance costs.
3. In the event one of the lot owners fails to pay their proportionate share of
maintenance costs for the common driveway within (30)thirty days of notification of
charges, such unpaid monies may be collected from the other lot owner. In this
event,the lot owner 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 liens of the lot owners who have
paid his/her share 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 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.
4. This Easement shall run with the land and shall be binding upon all grantees, heirs,
executors, administrators, legal representatives, distributes, successors, or assigns
of any portion of the subject parcels.
5. Failure of GRANTOR or GRANTEE to insist upon the strict performance of any
provision of this easement shall not abrogate, or be deemed to waive, any of
GRANTOR'S or GRANTEE'S rights under this easement
6. If any section, subsection, paragraph, clause, phrase or provisions of this document
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 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.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of /
the date and year first above written.
Gran or
STATE OF NEW YORK)
)ss..
COUNTY OF SUFFOLK)
On thi� day o ,I - , in the year 20 ?before me personally appeared
a nown to me or proved to me on the basis of satisfactory
evidence to be individual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her capacity and that by
his/her signature on the instrument, the individual, or the person upon behalf of which
the individual acted,executed the instrument.�" I �, �&ek ,,ff ����
�J
1"ar'
ub
MARGUERITE PLUCHINO
NOTARY PUBLIC,STATE OF NEW YORK
NO.01 FL 4797403
QUALIFIED IN SUFFOLK,gO ,E�y/�
STATE OF NSW YORK))ss.. COMMISSION EXPIRES �..S�d//
COUNTY OF SUFFOLK)
On this day of�l f` , in the year 21}��, efore me personally appeared
known to me or proved to me on the basis of satisfactory
evidence to bet ndividual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her capacity and that by
his/her signature on the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrument.
ry Public
MARGUERfTE PLUCHINO
NOTARY PUBLIC,STATE OF NEW YORK
NO.01 F14797403
QUALIFIED IN SUFFOL� I
COMMISSION Q(P;RES
Schedule A: Easement Area Legal Description(Metes&Sounds)
Exhibit A: Filed Map
SCHEDULE A
Common Driveway Easement
Broadwaters Road,Nassau Point
Dist 1000 See 104 Btk 12 Lot(s): p/o 6.1
All that certain plot,piece or parcel of land,with the buildings and improvement thereon
erected,situate lying and being in Nassau Point, Town of Southold, County of Suffolk
and the State of New York known and designated as part of lot 190 on map entitled
"Amended Map A of Nassau Point" and filed in the office of the County Clerk of Suffolk
County,New York, as map No. 156
A common driveway easement,Beginning at a monument on the southerly side of,
Broadwaters Road where the division line between Lot 190 and Lot 191 intersects the
southerly line of Broadwaters Road.
Running Thence along the division line between Lot 190 and Lot 191 S 190-33'-20"W
70.00 feet to a point.
Running thence N 890-29'-20" W 25.00 feet to a point
Running thence N 00°-30' -40"E 74.10 feet to a point.
Running thence S 61°-07'-30"E along a tie line of an irregular curve 25.32' to the point
and place of Beginning.
Said Parcel contains 1,801.14+/- square feet or 0.04 acres more or less.
EXHIBIT A
S.C.T-1f.# DISTRICT: 1000 SECTIO,.N':104 BLOCS: 12 LOT: 6.1
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