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Home My WebLink AboutL 12920 P 364SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 07/13/2017 Number of Pages: 9 At: 01:59:59 PM Receipt Number : 17-0117552 TRANSFER TAX NUMBER: 16-37020 LIBER: D00012920 PAGE: 364 District: Section: Block: Lot: 1000 033.00 02.00 010.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $2.00 Received the Following Fees For Above Instrument JUDITH A. PASCALE County Clerk, Suffolk County 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: 16-37020 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County oio Number of pages 7 1 Com' I 7 Judith A. Pascale CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all Social Security Numbers prior to recording. �v20 Deed/ Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 r r w FEES Page / Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax r TP -584 -_ f _to Sub Tota I Notation Spec./Assit. or EA -52 17 (County) Sub Total "— Spec. /Add. EA -5217 (State R.P.T.S.A.&7 TOT. MTG. TAX Dual Town Dual County Held forAppointment Comm. of Ed. 5. 00 Transfer Tax 011 Affidavit �+RMansion CertifiedCop(�, Z's— Tax The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 �jfamily dwelling only. Sub Total Other Grand Total YES or NO If NO, see appropriate tax clause on page# of thisinstrume _ 4 Dist. 3434590 5 Community Preservation Fund Consideration Amount $ RealPropei r I Tax Service III®IIlll 11111111 CPF Tax Due $ RPLPA Agency Verificatiol 12-JUL-17 Improved Vacant Land V/ b Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURNTO: Lane M. Bubka, Esq. TD 10 Bubka Law Group 214 Roanoke Avenue Riverhead, NY 11901 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co Name www.suffo[kcountyny.gov/clerk Title # S Suffolk County Recording & Endorsement Page This page forms part of the attached Easement for Septic Access and Appurtenances made by: (SPECIFY TYPE OF INSTRUMENT) Arthur R. Torell, Jr. The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold Arthur R. Torell, Jr. In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over pT Stat ID: F3434590 R LPA A 12-J UL-17 Tax Maps District Secton Block Lot School District 1000 03300 0200 010000 GREEN PORT 1000 03300 0200 011000 GREENPORT EASEMENT FOR SEPTIC ACCESS AND APPURTENANCES THIS INDENTURE, made thi:� day of May 2017 between Arthur R. Torell, Jr. residing at 377 Thomas Place, Wyckoff, New Jersey, hereinafter Grantor, And Arthur R. Torell, Jr. residing at 377 Thomas Place, Wyckoff, New Jersey, hereinafter Grantee, WHEREAS, the Grantor/Grantee is the owner of adjoining premises located at (No#) Lot 68, Westwood Lane, Greenport (Parcel "A") and (No#) Lot 67, Westwood Lane, Greenport (Parcel "B") in the Town of Southold, County of Suffolk, and State of New York, more particularly described in Schedules A and B attached hereto and which are depicted on the Survey dated February 21, 2006 re -dated February 24, 2015 to show the Easement, attached as Exhibit A; and WHEREAS the Grantee has applied to the Suffolk County Health Department for permission to build a residence on Parcel B, which will require access to a defined area (the "Conservation Easement") on Parcel A for a septic system which will service the residence to be constructed on Parcel B, which Easement is more particularly described on Schedule D attached hereto; and WHEREAS, the Grantor/Grantee is desirous of creating a Conservation Easement with Covenants which will facilitate the placement of such septic system on Parcel A for the benefit of the residence to be constructed on Parcel B and which will afford the owner of Parcel B with the rights to access such septic system for purposes of servicing and maintaining the same, as well as a continued green space barrier. Additionally WHEREAS, it is the purpose of this Conservative Easement to assure that the Protected Property will be retained forever as property line green space for wildlife habitat, protect sensitive ecosystems, and wetlands areas. To prevent any use of, or activity on, the Protected Property that will significantly impair or interfere with the character of the natural area. To devote the Conservation Easement to the preservation, enhancement, restoration and or creation of the Protected Values. Grantor reserves the right to use the Conservation Easement in part as an access easement area for Grantor's own access, ground utilities maintenance for the rear septic systems and approved leaching pool easement area based on SCHD Permit S 10 - 05 - 0004 Sub Division map December 1, 2006 Homestead Acres Southold N.Y. Permit Revision map September 2, 2010 (1000 - 33 - 02 - 10 & 11) NYS DEC Permit 1- 4738 - 00755 — 00003 WHEREAS, it is the purpose of the Access Conservation Easement to assure protection of critical wetland and boundary protected areas within 100 ft. of the wetland. Grantor shall plant and maintain only trees and shrubs designated by the DEC beneficial for wildlife, and maintain a 10 -ft. wide Access / Conservative Easement that abuts the property lot line. Easement area to be used for electrical, water, gas underground lines, for storm water drainage and in part added driveway space for access. NOW, THEREFORE, WITNESSETH: The Grantor in consideration of TWO ($2.00) DOLLARS, lawful money of the United Sates and other good and valuable consideration, paid by the grantee, does hereby grant and convey unto the Grantee, his successors and assigns, forever The perpetual right to install, lay, relay, operate, maintain, service and remove septic system structures, and appurtenances on and/or in the property referred to herein as Parcel A for the benefit of the residence to be constructed on Parcel B, Grantee to engage in all Conservation uses of the property in accordance with sound, generally accepted Conservation practices. For the purposes of this easement "Conservation uses" shall be defined as general maintenance --of property which may include understory thinning, and clearing of dead and downed wood. Additionally, such Conservation uses shall not result in significant soil degradation, or significant pollution or degradation of any surface or subsurface waters. The purpose of such practices shall be maintained to assure ecosystem health. Grantee agrees to maintain the ecological values of the wetlands buffer, indigenous vegetation shall be preserved and allowed to develop by natural succession where it does not exist to the maximum extent possible. All soil stabilization and landscaping will be accomplished with plantings that are suitable for freshwater wetlands and adjacent buffer areas. The target vegetative cover in said Easement shall consist of an indigenous planting composed of native grasses, herbaceous plants, perennial shrubs, and tree canopy layers expected on local coastal area sites. Grantee will restore, create, improve, and manage, upland, and wetland habitat in accordance with state and federal regulations. To plant and maintain only trees and shrubs designated by the DEC beneficial for wildlife and the wetlands protected areas. Design of the planting areas requires DEC layout approval. Grantor will engage and follow all restrictive covenants set forth by the DEC and SCHD on that portion of property within 100 ft. from the wetlands boundary. (10000 -33 -02 - 10) Lot 68 Property Survey map May 22, 2015 NYS DEC Building Permit ID: 1 - 4738 - 04376 100001. Grantee may construct and maintain drainage systems for the enhancement of drainage in support of uses and activities permitted under this Conservation Easement; provided that the Grantee does not materially impair the natural course of the surface water drainage or run off flowing over the protected area, the pervious access driveway part of the Easement. The existing natural water runoff courses are preserved in their natural state. Grantee agrees to maintain the Protected Property for the long term. No activities violating sound soil and water management conservation practices will be permitted. Grantee and their heirs, successors, or assigns shall conduct all operations on the protected property in a manner consistent with the DEC permit restrictions and directives. Grantor agrees the dumping or other disposal of wastes, refuse or debris on the Easement Property is prohibited. All plantings in the Protected Property shall follow DEC listed recommendations of indigenous plant selections and an approved layout for planting approved by the DEC. All planting and landscaping maintenance within the Protected Conservation Easement area must follow generally accepted Conservation managements practices. The following actions are prohibited: any activity on, or use of the property which is inconsistent with or detrimental to the purpose of this Conservation Easement is expressly prohibited. By way of example, but not by way of limitation, the following activities and uses are expressly prohibited: Grantor agrees not to prune planted shrubs and trees or otherwise remove brush or undergrowth in the Conservation Protected area without written notice of such actions to the Grantee. Grantor / Grantee agrees not to store road vehicles, mechanical yard equipment, construction equipment, building materials, ladders, wheel barrows, generators, lawn mowers, bicycles, boats, boat trailers in the Protected Easement Property. Grantor agrees to follow the DEC and SCHD approved building permits for building envelope and septic layout. Grantor agrees to follow Southold sepcific Zoning Regulations governing use of lot, size and use of Residential Building. TO HAVE AND TO HOLD the rights and easements herein granted unto the Grantee, his successors and assigns, forever. ALL systems and appurtenances installed or to be installed by the Grantee, his successors and assigns, shall be and remain the personal property of the Grantee, his successors and assigns, forever. AND the Grantee covenants as follows for himself, his successors and assigns, to: a) Only lay porous or natural draining material along such easement, and to not lay pavement or concrete without first obtaining written consent from Grantor, his successors b) To only plant perennial shrubbery that promotes a local wildlife habitat. Grantee shall not plant or erect any other plantings, structures or improvements without first obtaining written consent from Grantor, his successors and assigns. IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals on the day and year first above written. 61;44 Witness: A j Arthur R. Torell, Jr. / w Arthur R. Torell, Jr. STATE OF N-E--1LAR- ) `�Q f r` ) ss.. COUNTY OF } On the e6E) day of , 2017, before me, the undersigned, personally appeared ARTHUR R. TORELL, JR., personallg known to me or proved to me on the basis on 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 act, exe uted the in ument .• ` ,r= �% 4()*, - 1 .11. . NOTARY PUBLIC ":=�_ ' •' ° •�; FRANCESCA A. DE ALTO = = a STATE OF )pe; •.. r)) NOTARY PUBLIC OF NEW JERSEY' � �, .,.• �� ; COUNTY OF COUNTY OF PASSAIC MY COMMISSION EXPIRES 4127120 ID # 2452321 ' On the � day of 2017, before me, the undersigned, personally appeared ARTHUR R. TORELL, JR., personall known to me or proved to me on the basis on satisfactory evidence to be the individual whose naihe is subscribed to the within instrument and acknowledged to .. that he executed the same in his capacity, and thaU10 signature on the instrument, the individual; O'r 'Vr . P-. the person upon behalf of which the individual accuted the inst ment. .•�,� 4 , ,g . NOTARY PUBLIC OF NEW JERSEY r S V, . . COUNTY OF PASSAIC - MY COMMISSION EXPIRES 4127120 ��''•�.,,,�„ ��,.��`''° ID # 2452321 Schedule A All that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, and designated as Lot 68 as shown on a certain map entitled "Map of Eastern Shores, Section 2" filed in the office of the Suffolk County Clerk on August 10, 1965 as map No. 4426, more particularly bounded and described as follows; BEGINNING at a point on the westerly line of Westwood Lane where same is intersected by the division between Lots 67 and 68 on said map; said point also being distant northerly 419.00 feet as measured along the westerely side of Westwood Lane from the intersection of the northerly side of Homestead Way with the westerly side of Westwood Lane; RUNNING THENCE from said point and Place of Beginning South 69 degrees 02 minutes 10 seconds West, 101.53 feet to a point; THENCE North 51 degrees 20 minutes 50 seconds West, 17.97 feet to a point; THENCE South 69 degrees 02 minutes 10 seconds West, 95.36 feet to a point; THENCE North 03 degrees 53 minutes 00 seconds West a distance of 94.68 feet to a point; THENCE North 69 degrees 02 minutes 10 seconds East a distance of 178.17 feet to the westerly side of Westwood Lane; THENCE along the westerly side of Westwood Lane South 20 degrees 57 minutes 50 seconds East a distance of 106.00 feet to the point and place of Beginning. Schedule B All that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, and designated as Lot 67 as shown on a certain map entitled "div of Eastern Shores, Section 2" filed in the office of the Suffolk County Clerk on August 10, 1965 as map No. 4426, more particularly bounded and described as follows; BEGINNING at a point on the westerly line of Westwood Lane distant northerly 300.00 feet as measured along same from the intersection of the westerely side of Westwood Lane with the northerly side of Homestead Way; RUNNING THENCE from said point and Place of Beginning South 72 degrees 1 1 minutes 00 seconds West, 243.57 feet; THENCE North 03 degrees 53 minutes 00 seconds West, 126.72 feet to the boundary line between Lots 67 and 68; THENCE along said boundary line North 69 degrees 02 minutes 10 seconds East, 95.36 feet to a point; THENCE South 51 degrees 20 minutes 50 seconds East, 17.97 feet to a point; THENCE North 69 degrees 02 minutes 10 seconds East, a distance of 101.53 feet to the westerly side of Westwood Lane; THENCE along the westerly side of Westwood Lane South 20 degrees 57 minutes 50 seconds East a distance of 119.00 feet to the point and place of Beginning. Schedule D Description of Easement, Part of Lot 68 Suffolk County Tax Map #1000-33-02- P\0 10 All that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, being part of Lot 68 as shown on a certain map entitled "Map of Eastern Shores, Section 2" filed in the office of The Suffolk county Clerk as map No. 4426, more particularly bounded and described as follows; Beginning at a point on the westerly line of Westwood Lane at the intersection formed by the westerly line of Westwood Lane with the northerly line of Lands Now or Formerly of Torell, distant 419 feet north from the northerly line of Homestead Way; Running Thence from said point and Place of Beginning through Lot 68 along the northerly line of Lands of Torell the following three (3) courses and distances: (1) South 69 degrees 02 minutes 10 seconds West a distance of 101.53 feet to a point; (2) North 51 degrees 20 minutes 50 seconds West a distance of 17.97 feet to a point; (3) South 69 degrees 02 minutes 10 seconds West a distance of 95.36 feet to a point on the Westerly line of Lot 68; Thence North 03 degrees 53 minutes 00 seconds West along the westerly line of Lot 68 a distance of 11.51 feet to a point; Thence through Lot 68 the following (3) course and distances; (1) North 69 degrees 02 minutes 10 seconds East a distance of 97.13 feet to a point; (2) South 51 degrees 20 minutes 50 seconds East a distance of 19.13 feet to a point; (3) North 69 degrees 02 minutes 10 seconds East a distance of 95.80 feet to a point on the westerly line of Westwood Lane; Thence South 20 degrees 57 minutes 50 seconds East a distance of 10.00 feet to the point and place of Beginning. EXHIBIT A - Bg vo'can{ toi 4Z�Q E. 2s 541 g9 19 0 0 a ,LOA,, BROBW p 1 ! `�A r uOJ O.AYfT �' o LAAOtr W R p �� x L r• - Sc m � s. ro 01 4 S~ . The lacsfio of Wds W wspeafs she- k.r.m nt hem gem ehsofm6 rs 1 mid of I'm daft 0E14 -h94 fim elker.. NYS OEC N 1-46-00755/00003 SOUTHOLD TRUSTEES WETLANDS PERAdT SCD MS R.I* SI:1305-0004 ♦ 7143 APPROVED 7-22-09 1 / - 4738-&0755 i ::�� o fD c 50 -'Pro off A' - rw wGe of TIS NYS FWPWATET WETLAAO AS DELOWA TTA ARAGGM BY R. "ARSH ARC G KOSLOWSKI ON /ASN.. SLFFOLK COLWFY DEPARTMENT OF 1£AL TH SERVH£ES HA(A'PAVGE; N.Y. DATE THS 15 TO CFNTJ Y 170 T?E PROPOSED REAL rY SLXVAISXW OR WVELDPWWr FLY? M RE' WITH A TOTAL OF_ LOrS WAS APPROVED pW TIE ABOVE DATE WATER AFFtfS AW SEWAGE A'SPCISAL FAQJTES AARSr LOW&W TO COYSrRLCMW STAWA= N EFFECT AT nE TBE OF COhMECTEW AW ARE SLB.ECr TO SEYARA TE PERINTS A.RSVANr rO THOSE STAWAROS TMS APPROVAL SHALL BE VALA)'OftY F THE n—Ar TY S. W&W W AXVELO°AENT APAP f5 DLLY FLED W M RE COLNrY LYERK WTW LYE YEAR Or TMS DATE COKFNr AS IEldBY LIVEN FOR RE FXM OF MW MAP DN NHCN TIRS EWORSEMENr APPEARS N rW OcFXF OF W COY.1/TY aaw N ACCORDANCE WITH PROVUYOWS OF TIE PLBI.AC ZEAL rH LAW AW TIE 6LFFOLK COLNry SAHTARY CODE. P.E NECTAR, fA'VLPM OF £NVNCWIENTAL OUAUTY \ MAP OF PROPERTIES ENTITLED EASTERN SHORES ESTATES 'HOMESTEAD ACRES HOMES" AT GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-33-02-10&11 SCALE:1"=40' MA Y 7 1996 JUNE 1 2006 MY I4 pq4 4 c" �4, 015 frtrislansl A,t7 22, 20,5 fb, 1—fsul 047. Y., 2017 0.WkrsJ .Aj 1,, 2016 NO TE, S£PTfC SYSTEA4 LOT 67 LOT NUu8£RS REFER TO -MAP uF 1-1000 yyef. SEPTIC TANK 2- LEA CHNG POOLS OV " 6' DEEP , £ASTERN SHORES - SECTION 2• FILED AY THE SUFFOLK COLW rY f EXPARSION POOL 61./ " 6' DEEP CLERK'S OFFICE AS MAP NO, 4426 IRDI£flYY LeE NO' WELLS WITHIN 150' OF PROPERTY I WREBY coaTFY THAT ' SYSTEANS FOR TW PROJECT AREA NEW LOT • 27,!6691.r+ROfm BASED ON LPON A CAREFLX WAWR AAREA WETLANDS 8030 s.f. HOUSI I YDEPRS, SUFFOLK 7Y DEPARTAA£N AREA PROPOSED DWLILLWG-1860 A. J. STANDARD N EFFECT AS OF OWNER, UPLAND AR£AH9;106 - s.l, ' ARTHUR TORELL fG50/19f56 • 9.7X COVERAGE o WATER 377 THOMAS PLACE d SERVICE JEFFREY T. 6U WYCKOFF. N.J. 07461 pROVIOE'Y- 6'N • 4' DEEP OR YWELLS aev SETT[ TAW 205 tiVCOLN S - TO CONTAN ROOF RUNOFF 5• b I RfVERHEAD MY, LfC. f 07493 IN LEAf.7A 4 100'. ! NEfiEBYC£RTfY THA T f0' ACTUAL SA9VEYS E ZONM� 015TRICT, R40 Aw SHOWN nus ■ ACTUA WWN AM ALL DPAF1f TOTAL AREA ; 46,214 sq. fr. WATEt Rao AAJV Or t 0604 &C. TYPICAL'L0T �.AN JO1Y T. ETZ TZ CONTOURS LAVES ARE REFERENCED rO THE FIVE EASTERN TOWNS rOPOGRAPW NAPS IN.G,V,D.1 , THE WATER SV LYfS ANNOR SEWAGE,MSPOSAL WERE DEM ED BY WE OR LITER MY ORECTiON AW THOROUGH SRIOY OF THE SOL SITE ARE L LOTS TLOF HEALSOONTNE THS OAT T, 8u, 9� q w 6 (tPF NEW yb TL f , E. em ti �w .reS [. MEYjO TRE r F4 Hf9 P 0734'k W THS SlAB01V,SOW 4 v DN RED itl7AN THAT AL EKLST AhD rlFji POST ARE CORRECTLY Mi. ASB AND GEODETIC GETALS ARE CONWCr A N, Y•S. LIC. N YSL.S LIC N0. 49fiB CUMC SLR ORS. PC (631) 765 - 3020 FAX (631) r6 - P. R 60X 909 1230 TRAVELER SrREEr CSW 1Taw n