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HomeMy WebLinkAboutL 12932 P 438 IIIIiII 1111 11111 11111 11111 11111 11111 11111 11111 1!111111 1111111 VIII VIII ILII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 10/04/2017 Number of Pages : 6 At: 02 : 48 :29 PM Receipt Number : 17-0174580 TRANSFER TAX NUMBER: 17-07993 LIBER: D00012932 PAGE : 438 District: Section: Block: Lot: 1000 006 .00 01 . 00 003 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 . 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 $275 . 00 TRANSFER TAX NUMBER: 17-07993 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 0 RECORDED 2017 Oct. 04 02:48:29 PM Number of pages JUDITH A. PASCIPLE CLERK. OF SUFFOLK COUNTY This document will be public L D00012932 record. Please remove all P 438 Social Security Numbers DT# 17-07993 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 Tota I Notation Spec./Assit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. Q rn,L Jl JDual Town Dual County Held forAppointment-- Comm.of Ed. S. 00 Transfer Tax Affidavit LA Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two family dwelling only. 15. 00 iJ/J,n NYS Surcharge Sub Total YES or NO Other Grand Total If NO, see appropriate t x clause on page# of this iW 4 pint. 1000 OQ600 0100 03000 5 Community Preser ation Fund 3490963 rope T II��p �lllConsideration Amount TaxS Tax erviu F2 P S II 1'�Ililll Agency LPA & CPF Tax Due S Vr' catic 04-OCT-1 i 7 A-F j Improved Satisfactions/DischargelETURNp Property&RO Vacant Land Linda U. Margolin, Esq. MargolinBesunder LLP TD 1050 Old Nichols Road, Suite 200 TD Islandia, New York 11749 TD Mail to:Judith A. Pascale,Suffolk County Clerk 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 Common Driveway Easement made by: (SPECIFY TYPE OF INSTRUMENT) Peter O.Crisp,Trustee of the Emily P.Ridgway The premises herein is situated in Fishers Island Trust II,U/AID December 11.2002 SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southhold Peter 0.Crisp,Trustee of the Emily P.Ridgway In the VILLAGE Fishers Island Trust ll,UlAtO December 11.2002 or HAMLET of BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 5ver COMMON DRIVEWAY EASEMENT THIS INDENTURE, made this 22nd day of September, 2017, by and between Peter O. Crisp, Trustee of the Emily 1'. Ridgway Fishers Island 'frust 11, U/AID Dccember 11, 2002, presently residing at 20 Riverview Rd., Flobe Sound, FL 33455,,in his capacity as owner of Lot 3 ("GRANTOR"), and Peter O. Crisp, Trustee of the Emily P. Ridgway Fishers Island Trust 11, UTAID December 11, 2002, presently residing at 20 Riverview Rd., Hobe Sound, FL 33455, in his capacity as owner of Lot 2 ("GRANTEE"). WHEREAS, GRANTOR/GRANTEE owns certain lands situate at 1588 Fox Avenue, Fishers Island, Town of Southold, County of Suffolk, State of New York, (Suffolk County Tax Map parcel number 1000-6-1-3)encompassing both Lot 2 and Lot 3 as shown on the filed map entitled "Ridgway Standard Subdivision" prepared by CME Associates Engineering, Land Surveying R Architecture, 111a1,C, last dated August 14, 2017, hereinafter referred to as"the Filed 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 Fox Avenue 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 3) which leads to the public street known as Fox Avenue: and WHEREAS, said access area is described on Schedule"A" annexed hereto and made a part hereof and said access area is hereinafter referred to as"the Easement Area"; and WHEREAS, the Easement Area is also depicted on the Filed Map. annexed hereto as Exhibit "A"and made a part hereof WHEREAS. GRANTOR desires to limit GRANTEE'S use ofthe 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 ($1.00)and other good and valuable consideration to GRANTOR, the receipt of which is hereby acknowledged, this agreement: WITNESSETH I. 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 forth over and upon the Easement Area. 2. The nature,character, and extent of the easement hereby granted is as follows: (a) GRANTEE shall have the right to use the Easement Area over Lot 3 for the purpose of vehicular and pedestrian ingress and egress from GRANTEE'S Premises to the public street known as Fox Avenue. (b) GRANTOR shall permit the installation of underground utilities for the benefit of Lots 2 and 3. More specifically 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, electric, cable,bas and any such other utilities as may become available to and from Fox Avenue, a Town Road, to Lots 2 and 3. (c) The GRANfOR and GRANTEE shall share that portion of the Easement Area closest to Fox Avenue as a common driveway, as shown on the Filed 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 Filed 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 Area shall remain as the same design, type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 2 and 3 and approved in advance by the Planning Board of the Town of'Southold {t} The GRANTOR and GRANTEE shall have equal responsibility for 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. (b) 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']6 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 costs 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 owners as a default in the payment of maintenance costs. 3. In the event one ofthe 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 ol'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 arc owed was validly authorized by the majority ol'the lot owners and was competently performed by the contractor who did t the work. A defaulting lot owner shall be liable for all maintenance costs and expenses,. including but not limited to attorney's Ices 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, distributees, successors, or assigns of the owners of the subject parcels. 5. Failure of GRANTOR or GRANTEE to insist upon the strict performance of any provision 3 Schedule A: Driveway Easement Area Legal Description (Metes& Bounds) DRI VENA Y EASEMF_NT IN FA VOR OF LOT 2 BEGINNING at a point in the Northwesterly line of Fox Avenue, said point being located North 42° 37' 40" East 30.50 feet from a merestone set in said Avenue line and said merestone being 3101.35 feet West of a point which is 4104.30 feet North of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and thence running North 28" 06' 57" West 47.15 feet to a point; thence North 53° 09' 30" East 87.42 feet to a point; thence North 37° 52' 16" East 120.82 feet to a point in the Southwesterly boundary line of Lot 2; thence along said boundary line South 19° 48' 10" bast 100.60 feet to a merestone in said Northwesterly line of Fox Avenue; thence South 64° 13' 50" West 93.30 feet to a merestone; thence South 55° 49' 50" West 71.27 feet to a merestone; thence South 42° 37' 40" West 19.20 feet to the point of beginning, the last three lines running along.said Northwesterly line of Fox Avenue. 5 of this casement shall not abrogate, or be deemed to waive, any of GRANTOR'S or GRANTI✓!-'S rights under this easement. G. If any section, subsection, paragraph, clause, phrase or provisions ofthis 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. Peter O. Crisp, Trustee as Grantor 1 Peter O. Crisp, Trustee as Grantee STATE OF NEW YORK) ) ss.-, COUNTY OF SUFFOLK) On this I day of , in the year 2017, before me personally appeared Peter O. Crisp, 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 the that he/executed the same in his/hefcapacity and that by his/}signature on the instrument, the individual, or the person upon behalf ol'which the individual acted, executed the instrument. •2 I8 ota ubli o10 zzz;�3 Karla S. Heath Commission Expires: May 24,i-201.$ r>C 1�,. .�y 141 -F 4 / ,.