HomeMy WebLinkAboutL 12945 P 99 111111111111111111111111111111111111111111111111111111 i
111111 I I I I 11111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 01/08/2018
Number of Pages : 11 At: 02 : 41 : 32 PM
Receipt Number : 18-0003400
TRANSFER TAX NUMBER: 17-18128 LIBER: D00012945
PAGE : 099
District: Section: Block: Lot:
1000 104 . 00 12 . 00 006. 002
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $55 . 00 NO Handling $20 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
TP-584 $10 . 00 NO Notation $0 . 00 NO
Cert.Copies $0 . 00 NO RPT $400 . 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $505 . 00
TRANSFER TAX NUMBER: 17-18128
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
❑1 0
Number of pages
RECORDED.
2018 Jars 08 012:41:32 PM
public JUDITH R. PA5Ca1 E
This document will be
p OLEP.k; OF
record. Please remove all SUFFOLK COUNTY
Social Security Numbers L D00012945
prior to recording. P 055
DT# 17-18128
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee Mortgage Amt.
Handling 20. 00
1. Basic Tax
2. Additional Tax _
TP 584 f Sub Total
Notation pp r SpecJAssit.
0 Jor
EA-52 17 (County) Sub Total Spec./Add.
E 17 State) TOT.MTG.TAX
R.P.T.S.A kl J► I) C� Dual Town Dual County_
Held for Appointment
Comm.of Ed. 5. 00 # Transfer Tax _
Affidavit _. �' Mansion Tax
Certified Copy The propertycovered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00 Sub Total "I�l� - family dwelling only.
I
Other YES or NO
f
Grand Total 5 D If NO,see appropriate tax clause on
page# of this ins ment.
4 1 Dist./W 3542921
�., 5 Community Preservation mind
Real Property PTS II®I��®WI��ItW Consideration Amount$
Tax Service R V!t A
Agency 20-[7Ec-17 CPF Tax Due $
Verification
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved
RECORD&RETURN TO:, Vacant Land
T ) —
A44 TD
TD
Mail to: Judith A, Pascale, Suffolk County Clerk 7 Title Compairty Information
310 Center Drive, Riverhead, NY 11901FIDELITY. NATIONAL TITLE
www.suffolkcountyny.gov/clerk co.Name
Title# /]--]
g Suffolk. County Recording & Endorsement"'PaLle
This page forms part of the attached Com �/ ✓ made by:
\ (SPECIFY TYPE F INSTRUMENT)
SThe premises herein is situated in
iR N l�p��j SUFFOLK COUNTY NEW YORK-
TO In the TOWN of /C),
/r7o T In the VILLAGE
or HAMLET of G�Tc�.ocyuP_1 _
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR F1LTNG.
ix.a�a_iwee�
(over)
pT S
Stat ID: VIT A 3542921 20-DEC-17
Tax Maps
District Secton Block Lot School District
1000 10400 1200 006002
1000 10400 1200 006003
COMMON DRIVEWAY EASEMENT
THIS INDENTURE, made thisL7day ofd, 2017, by and between SCOTT
WORTH and ERIN WORTH, residing at 555 Broadwaters Road, Cutchogue, New York
("GRANTOR"), and THEODORE C. MARTZ, JR..,-residing at 145 Ryerson Avenue,
Manorville, New York ("GRANTEE").
WHEREAS, GRANTOR owns certain lands situate at 555 Broadwaters Road,
Cutchogue, County of Suffolk, State of New York (SCTM#1000-104-12-6-2), also known as
Lot 1, as shown on the filed map entitled "Final Plat Land Division at Broadwaters" prepared
by Kenneth M. Woychuck Land Surveying PLLC, dated April 30, 2017, and last revised on
June 26, 2017, filed on September 14, 2017 as Map File No. A837, hereinafter referred to
as "the Filed Map" , see attached SCHEDULE A; and
WHEREAS, GRANTEE owns certain lands situate at 373 Broadwaters Road,
Cutchogue, County of Suffolk, State of New York (SCTM#1000-104-12-6-3), also known as
Lot 2 on the Filed Map, see attached SCHEDULE B; 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 Broadwaters Road; and
WHEREAS, said access area is described on Schedule "C" 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 "D" and made a part hereof
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
WHEREAS, GRANTEE will need to perform Drainage work within the confines of the
Easement;
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
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 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 1 for the
purpose of vehicular and pedestrian ingress and egress from GRANTEE'S
Premises to the public street known as Broadwaters Road.
(b) GRANTOR shall permit the installation of underground utilities for the benefit
of Lots 1 and 2. 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, 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 shall share that portion of the Easement Area
closest to Broadwaters Road 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 1 and 2 and approved in advance by the Planning Board
of the Town of Southold.
(f) 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.
(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 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 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. GRANTOR will allow GRANTEE to perform and complete Drainage work as
required by the Town of Southold on Lot 1. GRANTEE acknowledges responsibility
to perform drainage work in the Right of Way as indicated on the final Road and
Drainage Plan as approved by the Southold Town Planning Department on August
16, 2017. Such work may require regrading and resurfacing of the affected area(s).
GRANTOR acknowledges same and agrees to provide GRANTEE permission to
perform all required work at the GRANTEE's sole expense; such permission to
remain in effect until all required work is completed and inspected by the required
agencies.
5. 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.
6. 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.
7. 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 park 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.
ALI' �' r , Grantorrl� worms
rantee
3�
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On this 0 day ofkr.��, in the year 201� before me personally appeared
5"a1"&y'q „ ZZ/a wow, , 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 me that he/she executed the same in his/her capacity and that by
his/her signature on the instrument, the individu , o rson upon behalf of which
the individual acted, executed the instrument.
Notary +cj�;&(-f p. AM-?V
Robert O Arrigo
Notary Public,State of New York
Suffolk County,No.4862988
Term Expires August 18.20��
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
n this /7day ofd� , in the year 2017, before me personally appeared
f ¢, known to me or proved to me on the basis of satisfactory
evidence to be the in ividual 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 individ al, or the person upon behalf of which
the individual acted, executed the instrument.
ry Public kokaf 0./fyn
)rI
Robert O Arrigo
Notary Public,State of New York
Suffolk County,No.4862988
Term Expires August 18,2z4r
EXHIBIT A
Fidelity National Title Insurance Company
TITLE NO.F17-7404-105120-SUFF
SCHEDULE A•-] (Description)
Amended 11/14/2017
ALL that certain plot, piece or parcel of land, situate, lying and being at Nassau Point, Town of Southold, County of
Suffolk, State of New York, known as part of Lot 189 and part of Lot 190 on a certain map entitled, "Map of Amended
Map "A" of Nassau Club Point Properties Inc.", filed in the Office of the Clerk of Suffolk County on June 28, 1922 as
Map No. 156. Also known as Lot 1 on Misc. Map Filed in the Office of the Clerk of Suffolk County on September 14,
2017 as 4A837;
BEGINNING at a monument on the southerly side of Broadwaters Road distant 80.00 feet easterly from the easterly end
of a curve connecting the southerly side of Broadwaters Road and the easterly side of Wunneweta Road;
RUNNING THENCE along the southerly side of Broadwaters Road easterly along an irregular curve having a tie line of
South 61 degrees 07 minutes 30 seconds East,205.52 feet to a monument,
THENCE South 19 degrees 33 minutes 20 seconds West, 141.41 feet to a monument;
THENCE North 66 degrees 48 minutes 10 seconds West,201.79 feet to a monument;
THENCE North 19 degrees 02 minutes 40 seconds East, 161.88 feet to a monument on the southerly side of Broadwaters
Road,the point or place of BEGINNING.
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real proper•ry.
FOR CONVEYANCING ONLY. Together with all the right, title and interest of the parry of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULE.44 (Description)
Rev.(03104)
EXHIBIT B
BACK LOT
ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected.sitUare.
I-,ing and being in the Town of Southold,County of Suffolk,and Srate of New York,kno,.vn and desi:nated
as part of Lots l S9 and 190 on a certain trap entitled"Amended Map A OfNassau tassau Point,owned by Nassau
Feint Club Properties, Inc.,situated iii the Town of Southold.Lon_ Island,New York" surveyed.lune 28`;
1()22 by Uro",V.Van Tuyl,Civil Engineer and Surveyor,Greenport.New York,and filed in the oft-ice of
the Clerk of Suffolk County,New York on Am-nisi 16. 1922 as File No, I-56.and more particularly
bounded and described as follows:
BEGINN iNG at a point South 19 de`Tces 33 minutes 20 seconds West 141.41 felt southerly from a
monumcnt on the southerly,'sole of Bruadu.atrrs Road where the division line bet-ween Lot 190 and 191
intersects the southerly side of Brondwaters Road-.
RUNNING THENCE along,the division line between Lot 190 and Lot 191 South I4 degrees 33 minutes 7-0
seconds lues€2100,00 feet to a monument,
DUNNING THENCE North 66 degrees 49 minutes 10 seconds Wc5t.-200.00 feet to a point.
RUININ,ING THENCE along the division Iine between Lot 189 and Lot 183 North 19 degrers 02 minutcs 40
seconds East 200.12 feet to a point.
RUNNING THENCE South 66 degrees 48 minutes 10 seconds East.201.79 feet to the point or place of
13PC,FNNING.
SCHEDULE
COMMON DRIVE WAY EASEMENT
BROADWATERS ROAD, NASSAU POINT
DIST. 1000; SECT. 104; BLK 12; P/0 LOT 6.1
ALL THAT certain plot, piece or parcel of land, with the buildings and improvement
thereon erected, situate lying an being in Nassau Pont, Town of Southold, County of
Suffolk and 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 19 degrees 33'
20" W 141.41 feet to a point;
Running Thence N 66 degrees 48' 10" W 25.05 feet to a point.
Running Thence N 00 degrees 30' 40" E 145.26 feet to a point
Running Thence S 61 degrees 07' 30" E along a tie line of an irregular curve 25.58 to
the point and place of BEGINNING
Said Parcel contains 3575 +/- 1 square feet or 0.09 acres more or less
SCHEDULE D
r
S.C.T.AE.# DISTRECT: 1000 SECTION: 104 BLOCK:12 LOT: 6.1 yY
@IiDLpIrATLA CD4E
FILE No.A S 3 7 o
MED SEP 14 2017
FILED SUfTJECi O•
Mu. 00
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