HomeMy WebLinkAboutL 12941 P 117 11111111111111111111111111!VIII VIII VIII VIII IIII IIII
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
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 12/06/2017
Number of Pages : 8 At: 12 :22 :29 PM
Receipt Number : 17-0216867
TRANSFER TAX NUMBER: 17-14942 LIBER: D00012941
PAGE : 117
District: Section: Block: Lot:
1000 017 . 00 01 .00 013 . 000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $40.00 NO Handling $20 . 00 NO
COE $5.00 NO NYS SRCHG $15 . 00 NO
TP-584 $10 .00 NO Notation $0 .50 NO
Cert.Copies $10 .00 NO RPT $400 .00 NO
Transfer tax $0 .00 NO Comm.Pres $0 .00 NO
Fees Paid $500 .50
TRANSFER TAX NUMBER: 17--14942
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
F1 F
RECORDED
Number of pages 2017 Dec 06 12:22:29 PI1
JUDITH A. PASCALE
CLERK OF
This document will be public SUFFOLK COUNTY
record.Please remove all L D00012941P 117
Social Security Numbers DT# 17-14942
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee Mortgage Amt.
1.Basic Tax
Handling 20. 00 2. Additional Tax
P-584 9� /G Sub Total
Notation 14 SpecJAssit.
//�� or
EA-5217(County) Sub Total 1/U.>0 Spec./Add.
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A,I ��� Dual Town Dual County
Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Affidavit �+ Mansion Tax
The property covered by this mortgage is
Certified Copy D or will be improved by a one or two
NYS Surcharge 15. 00 Sub Total family dwelling only.
L��G�
Other
YES or NO
Grand Total �0'4-50 / If NO, see appropriate tax clause on
G/y page# of this instrument.
21r
^^;;
.000
4 Dist. 3532672 -Set (3-40C{'lt; d .004 5 Community Preservation Fund
Real Propei p T SI1111111111111111111111111
Consideration Amount$ -0-
Tax Service R LPA A
Agency 0640EC-17 CPF Tax Due
Verificatioi
' Improved X
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
Anthony C. Pasca, Esq. Tp r0 G(/
Esseks, Hefter:;..:Angel, Di Talaia & Pasca, LLP
108 East Main Street
Riverhead, NY 11901 TD
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 Easement and Covenant Modification Agreement made
by. (SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
Frederic C. Scofield, J., as Co—Trustee SUFFOLK COUNTY,NEW YORK.
of the Declaration of Grantor Revocable �
Intervivos Trust byOFrederic C. Scofield, 4Wt-heTOWN of Southold
In the VILLAGE
Adam J. Irving and Lydia N. Worthington or HAMLET of Orient
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
PT S
' R LPA A
Stat ID: F 3532672 06-DEC-17
Tax Maps
District Secton Block Lot School District
1000 01700 0100 013000 ORIENT-EAST MARION
1000 01700 0100 011004 ORIENT-EAST MARION
EASEMENT AND COVENANT
MODIFICATION AGREEMENT
THIS Easement and Covenant Modification Agreement, made this 1st day of
December, 2017, by and between FREDERIC C. SCOFIELD, JR., as Co-Trustee of
the Declaration of Grantor Revocable Intervivos Trust by Frederic C. Scofield, Jr.,
Trustor, dated July 24, 1991, with an address of 11305 Spaulding Street, Omaha,
Nebraska 68164 (hereinafter referred to as "Scofield"), and ADAM J. IRVING and
LYDIA N. WORTHINGTON, with an address of 151 Mercer Street, Apt. 1, Jersey
City, New Jersey 07302 (hereinafter collectively referred to as "Irving");
WITNESSETH
WHEREAS, Scofield, is the owner of a certain plot, piece and parcel of land
situate at Orient in the Town of Southold, County of Suffolk and the State of New
York, known and designated as SCTM No. 1000-017.00-01.00.013.000, being more
particularly bounded and described as set forth in Schedule "A", annexed hereto,
and (hereinafter, "Scofield Property"); and
WHEREAS, Irving is the owner of a certain plot, piece and parcel of land
situate at Orient, in the Town of Southold, County of Suffolk and the State of New
York, known and designated at SCTM No. 1000.017.00-01.00-011.004, being more
particularly bounded and described as set forth in Schedule "B", annexed hereto,
and (hereinafter, "Irving Property"); and
WHEREAS, pursuant to an indenture made on the 2nd day of December,
1946, recorded at Liber 2656 at page 115 on December 5, 1946, between Eleanor S.
Picken and Fred W. Burnham and Ramona H. Burnham, the Irving Property was
burdened by the following easement and covenant for the benefit of the Scofield
Property:
"Subject to an easement and right of way for driveway
purposes for ingress and egress over land lying in the
bed of the private road as shown on said map, and over
the driveway crossing said premises from East to West
and situate North of the building now on said premises.
Subject to a covenant and restriction which shall
be taken as a real covenant running with the land and
binding upon the party of the second part, their heirs,
executors, administrators and assigns: that neither the
parties of the second part nor their heirs, executors,
administrators or assigns shall or will erect upon any
portion of said premises herein conveyed any tent,
building, or structure except a private dwelling house
for one family only," and
WHEREAS, Scofield and Irving wish to modify the aforesaid easement and
clarify the aforesaid covenant as set forth herein,
NOW, in consideration of TEN and 001100 ($10.00) DOLLARS, paid to
Scofield, the receipt of which is hereby acknowledged, it is mutually agreed as
follows
(1) The aforesaid easement benefitting the Scofield Property and burdening
the Irving Property is hereby modified to the extent that the easement and right-of-
way "...over the driveway crossing said premises from East to West and situated
North of the building now on said premises," shall be limited to pedestrian access
for ingress and egress by foot only, and not for vehicular or other purposes. This
modification shall only apply to the "...driveway crossing said premises from East to
West and situated North of the building now on said premises," and shall not
otherwise limit or modify the existing easement "over land lying in the bed of the
private road as shown on said map".
(2) The aforesaid covenant is hereby clarified to declare that the limitation
upon the erection of"any tent, building, or structure except a private dwelling house
for one family only" shall not be construed as limiting or prohibiting the erection of
customary accessory buildings and structures to a single-family residence, such as a
swimming pool, shed, garage or the like.
(3) This Easement and Covenant Modification Agreement shall run with the
land and shall bind the parties, their heirs, assigns, purchasers and successors in
interest.
IN WITNESS WHEREOF, the owner has duly executed this instrument this
day of /1/0VL1n#4e, 2017.
Declaration of Grantor Revocable
Intervivos Trust by Frederic C.
Scofield, Jr., Trustor, dated July 24, 1991
By: m
Frederic C. Scofield, .�
Co-Trustee
ti
6dam J. I ing j
Ly is N. Worthington
STATE OFsf }
COUNTY OF 51A5 ) ss:
On the A/ day of tidG--3&z— in the year 2417, before me, the undersigned,
personally appeared Frederic C. Scofield, Jr., personally known to me or proved to
me on the basis of satisfactory evidence to be the individual(s) whose name(s) is
(are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument, and that such individual made
such appearance before the undersigned in the
DKtArtA in �l�sCc,a,.,��(
(insert the City or other political subdivision) (and insert the State or County or
other place the acknowledgement was taken)
6B�81Al1�fAHl�-S4te of Fle6raska �
PEGGY A VAIDA
14CMILEV OcMw2.219 (signa and office of individual taking acknowledgment)
STATE OF NEW Y R
COUNTY OFS"��
On the V day ofNOurMV1 , 2017, before me, the undersigned, personally appeared
Adam J. Irving, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,
the individual(s), or the person upon behalf of which the individual(s) acted,
executed th 'nstrument.
Notar ublic
ANTHONY C.PASCA
Notary Public.State of New York
No.02PA5055606,Suffolk Coun
Commission Expires Feb. 12,20U
STATE OF NEW YORK)
COUNTY OF Ale, Y&,t- ) ss.:
On the e day of 04' ^41— , 2017, before me, the undersigned, personally appeared
Lydia N. Worthington, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,
the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
L��'x 4wvr---
ota y Public
JOSEPH ANTHONY STUFANO
Notary Public-State of New York
NO.oiST6357372
Qvallfied in Nassau County
My,Comririssipn Expires Apr 17,2021
SCHEDULE A
Scofield Property
SCTM No. 1000-017.00-01.00-013.000
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,
situate, lying at being at Orient in the Town of Southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a point on the northerly side of King's Highway (Main Road) at monument#10 as
shown on a map entitled "Survey of the "Cedars" Property of Mary M. Stephenson at Orient, Suffolk
Co., NY surveyed November 28, 1905 by C. R. Van Buskirk, C.E., 108 Van Sicklen Street
Brooklyn, NY" a copy of which said map was filed July 1 ], 1906 in the Suffolk County Clerk's
Office as file no. 421; which said monument is located at the point of intersection of the division line
between the premises herein on the west and a private road on the east with the northerly line of
King's Highway (Main Road);
RUNNING THENCE North 85 degrees 00 minutes 00 seconds West along the northerly line of
King's Highway (Mai Road) 81.57 feet;
THENCE North 00 degrees 40 minutes 10 seconds West 241.55 feet to land n/o/f of Lomas;
THENCE South 13 degrees 39 minutes 00 seconds East along last mentioned land 131.90 feet to the
westerly side of the above mentioned private road;
THENCE South 00 degrees 40 minutes 10 seconds East along the westerly side of said private road
145.64 feet to the monument in the northerly side of King's Highway (Main Road) at the point or
place of BEGINNING.
r 1
SCHEDULE B
J Irving Property
SCTM No. 1000-017.00-01 .07-011 .004
ALL that certain plot, piece or parcel of land, situate,-lying and being in the Hamlet of Orient,Town of Southold, County
of Suffolk and.State-of New:York;and shown and desiggated:as:a-portion of Plot M on a certain map entitled "Survey of
the Cedars, Property of Mary.M. Stephenson, surveyed November 28, 1906 by C.R. Van Buskirk,C.E." and filed in the
County Clerk Clerks Office of Suffolk County, which said plot is bounded and described as follows:
BEGINNING=at'ampoint on..the.northor,rside of the Main.Road,.runningIrom:said Hamlet of Orient to Greenport where
said point Es intersected by the easterly side of Plot M and the westerly line of private road;
RUNNING.-THENCE.-along the northerly:side of-Main-Road,,North,85 degrees-West,.87.56 feet-to a found pipe;
THENE along the northeasterly,,side:of Old Main Road;:North 5544rees:30 minutes West, 12L03 feet to land-now or
formerly of Sharman Family Trust;
THENCE North 32 degrees40 msnutes 2b seconds East; 309-.95feet along land now or farmerly of Sharman Family Trust
and along;,and now or;formerly p Mark Stepherisen SharmanAhe westerlVside of;a pnvate road,
THENCE along s6id:road,•'-South,,09 degree§42'mi-nutes 2U'seconds,East;�;99:96 feet;
THENCE,still.along;the westerly3line"ofsaid private road;:SouthTO degrees44minutes 10'secorids.Ea t;238:61 feet to the
point or place�of-BEGINNING: