HomeMy WebLinkAboutL 12947 P 311 1111111 IIII IIIII IIIII IIIII!1111 IIIII VIII VIII IIII IIII
I I I I I l l i l i l 111111111 III f
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type -of Instrument: EASEMENT Recorded: 01/24/2018
Number of Pages: 7 At: 09 :23 :23 AM
Receipt Number : 18-0013783
TRANSFER TAX NUMBER: 17-19894 LIBER: D00012947
PAGE : 311
District: Section: Block: Lot:
1000 116 .00 01 . 00 003 . 001
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $35 . 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 $10 . 40 NO RPT $400 . 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $490 . 40
TRANSFER TAX NUMBER: 17-19894
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
0[2]
RECORDED
Number of pages 201£ Jan 24 09:23:23 RM
JUDITH A. PASCALE
CLERK OF
This document will be public SUFFOLK COUNTY
record.Please remove all L D00012947
Social Security Numbers P 311
prior to recording. DT# 17-19894
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee Mortgage Amt.
1.Basic Tax
Handling 20. 00
2. Additional Tax
�T -584 -` Sub Total
.1/ Spec./Assit.
Notation
or
EA-52 17(County) Sub Total Spec./Add.
EA-5217(S e) TOT.MTG.TAX
Dual Town Dual County
R.P.T.S.A. `d Cb �D Held for Appointment
Comm.o 5. 00 ' Transfer Tax
Affidavi I Mansion Tax
The property covered by this mortgage is
C� CertifiedCop The
will be improved by a one or two
�N�3 S rcharge 15. 00 family dwelling only.
Sub Total I YES or NO
Other
_ Grand Total If NO, see appropriate tax Flause on
Spage# of this' trlp ntff.
4 Dist. 10 3562781 �p_ qs-l`- ached i 5=Communityeservatiod Funp
Real Property p T S 1111111111111111111111Consideration Amount$
Il��Tax Service R LPA A I
Agency 24-JAN-18 CPF Tax Due $
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacan:tL nd
TD
Wickham,Bressler&Geasa, P.C.
P.O.Box 1424 TD
Mattituck,New York 11952 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 Counq Recording & Endorsement Page
This page forms part of the attached Grant of Water Easement made
by: (SPECIFY TYPE OF INSTRUMENT)
Jerome Z.Zivan,Trustee of the John Brewster The premises herein is situated in
Trust dated July 7 1988 SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of Southold
Lauren W.McCall In the VILLAGE
or HAMLET of Cutchoeue
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
p S
R LPA A
Stat ID: 3562781 24-lAN-16
Tax Maps
District Secton Block Lot School District
1000 11600 0100 003001 Qr0 MATTITUCK-CUTCHOGUE
1000 11600 0100 006000pfu MATTITUCK-CUTCHOGUE
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GRANT OF WATER EASEMENT
THIS AGREEMENT made this 6"' day of November, 2017, between JEROME A. ZIVAN, as
Trustee of the JOHN BREWSTER McCALL TRUST dated July 7, 1988, being the Successor
Trustee to Benjamin T. White, having an address at 4540 East Highway 20, Niceville, FL 32578
("the party of the first part") and LAUREN W. McCALL, residing at 10230 New Suffolk
Avenue, Cutchogue, NY 11935 ("the party of the second part")
WHEREAS, the party of the first part is the owner in fee simple of the property located at
New Suffolk Avenue, Cutchogue, NY as designated on the Suffolk County Tax Map as
District 1000 Section 116.00 Block 01.00 Lot 003.001, more fully described in Schedule A, 4
annexed hereto and made a part hereof(hereinafter referred to as Parcel 1); and
WHEREAS, the party of the second part is the owner in fee simple of the property located at
10643 New Suffolk Avenue, Cutchogue, NY as designated on the Suffolk County Tax Map as
District 1000 Section 116.0 Block 01.00 Lot 006.000, more fully described in Schedule B,
annexed hereto and made a part hereof(hereinafter referred to as Parcel 2); and
WHEREAS, the party of the first part intends to grant and confirm an easement to the party
of the second part for a portion of the parcel of land described in Schedule A, said easement
more fully described in Schedule C, attached hereto.
WITNESSETH
NOW IN CONSIDERATION of Ten ($10.00) Dollars each to the other paid and the receipt
of which is hereby acknowledged, and other good and valuable consideration, The party of the
First part hereby grants and conveys to the party of the second part, her heirs, successors and/or
assigns which shall come into title to said Parcel 2, a permanent and perpetual access easement
that runs with the land, as set forth more fully in Schedule C, to allow for access for the purpose
of placement, installation, maintenance, repair, inspection and replacement of water lines, and
the party of the second part, her heirs, successors and/or assigns, shall restore the area to its
original condition after installation, maintenance, repair, inspection and replacement of such
service utilities, over and under the premises more particularly described in Schedule A. The cost
of installation, maintenance and repair of said water lines and to restore the area shall be borne
solely by the party of the second part, her heirs, successors and/or assigns.
The installation of said water lines within the easement area, as described in Schedule C, for .�
the benefit of Parcel 2, must be with the consent of the Suffolk County Department of Health
Services ("DEPARTMENT).
The party of the first part, its successors and/or assigns, retain unto themselves all rights to
fully enjoy their aforedescribed premises except for the purposes herein granted to the party of
the second part.
The aforesaid Easements contained herein shall be enforceable by the County of Suffolk,
State of New York, by injunctive relief or any other remedy in equity or by law. The failure of
any agencies or department of the County of Suffolk, the DEPARTMENT, or the County of
Suffolk to enforce the same shall not be deemed to affect the validity of this easement nor to
impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof.
This grant of easement shall at all times be deemed a continuing covenant that runs with the
land and shall be binding upon, and inure to the benefit of heirs, successors and/or assigns of all
parties to this agreement.
LOCAL LAW#32-1980. The party of the first part represents and warrants that it has not
offered or given any gratuity to any official, employee, or agent of Suffolk County, New York
State, or any political party, with the purpose or intent of securing favorable treatment with
respect to the performance of an agreement, and that such person has read and is familiar with
the provisions of Local Law# 32-1980.
This Grant of easement shall not be terminated or extinguished without the prior written
approval of the DEPARTMENT.
In Witness whereof, the undersigned have executed this agreement the 6th day of November
2017
J me A. Zivan, Trustie
Lauren W. McCall
STATE OF FLORIDA,COUNTY OF OKALOOSA ,ss.:
On the 6th day of November , in the year 2017 before me,the undersigned,personally
appeared JEROME A. ZIVAN personally 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/they
executed the same in his/her/their capacity,and that by his signature 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
_County of Okaloosa in
Florida _
(insert the City or other political subdivision)
Notary Public 1�11'OOh�I{15610W2EFEFF203t8a
EXPIRES:March 24,2019
���h''' eanaea tnro r�F,ere u
STATE OF NEW YORK,COUNTY OF SUFFOLK,ss.:
On November 1,2017,before me,the undersigned,a Notary Public in and for said State,personally appeared
LAUREN W. McCALL personally known to me or proved to me on the basis of satisfactory evidence that they
executed the same in their capacity and that by their signatures on the instrument,the individuals,or the person or
entity upon behalf of which the individual acted,ex ed the instrument.
Notary Public Ctre1TIMM
'06taryPubft,State Of NevtYodc
R&McCAIEasementWater No.31-4970341
Qualified In Suffolk County
Commission Expires February 4,20
V1; , Fidelity National Title
INSURANCE COMPANY
PARCEL 1
SCTM#1000-116-1-3.1
(Party of the first part — Jerome A. Zivan; as Trustee of the Jahn Brewster McCall
Trust dated July 7, 1988)
SCHEDULE A
ALL that certain plot,piece or parcel of land,situate,lying and being at Cutchogue,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 New Suffolk Avenue,said point being the intersection of
the westerly line of land now or formerly of Hadley B. Williams with the northerly side of New Suffolk
Avenue;
RUNNING THENCE from said point of beginning,North 64 degrees 58 minutes 20 seconds West, along
the northerly side of New Suffolk Avenue, a distance of 30.40 feet to other lands of Hadley B. Williams;
RUNNING THENCE along other Iands of Hadley B. Williams,the following four(4) courses and
distances:
1. North 15 degrees 50 minutes 40 seconds East, 322.73 feet;
2. North 17 degrees 54 minutes 10 seconds East, 241.63 feet;
3. South 64 degrees 26 minutes 40 seconds West,380.00 feet;
4. South I3 degrees 39 minutes 20 seconds West, 270.00 feet to the northerly side of New Suffolk
Avenue;
RUNNING THENCE North 64 degrees 58 minutes 20 seconds West, along the northerly side of New
Suffolk Avenue, a distance of 200.45 feet to Lot 2, as designated on Minor Subdivision "Peconic Land
Trust";
RUNNING TIENCE North 11 degrees 44 minutes 34 seconds East, along Lot 2, as designated on Minor
Subdivision "Peconic Land Trust", a distance of 998.86 feet to land known and designated as Parcel to be
conveyed to the Town of Southold on Minor Subdivision "Peconic Land Trust";
RUNNING THENCE North 84 degrees 00 minutes 04 seconds East, along land known and designated as
Parcel to be conveyed to the Town of Southold on Minor Subdivision teconic Land Trust", a distance of
833.74 feet to the approximate high water mark of Downs Creek;
RUNNING THENCE along the approximate high water mark of Downs Creek, the following four(4)
courses and distances:
I. South 09 degrees 24 minutes 30 seconds East, 91.99 feet;
24 Commerce Drive • Riverhead, New York 11901 • (631) 727•-0600 • Fax: (631) 727-0606
=' Fidelity National Title
INSURANCE COMPANY
SCHEDULE A
continued
2. South 03 degrees 31 minutes 17 seconds West, I68.36 feet;
3. South 15 degrees 04 minutes 39 seconds West,223.31 feet;
4. South 24 degrees 01 minute IS seconds West, 145.01 feet to Iand now or formerly of Hadley B.
Williams;
RUNNING THENCE along Iand now or formerly of Hadley B. Williams, the following four(4) courses
and distances:
I. South 84 degrees 42 minutes 40 seconds West, 285.24 feet;
2. South 10 degrees 48 minutes 40 seconds West,99.65 feet;
3. South 17 degrees 54 minutes 10 seconds West,242.96 feet;
4. South 15 degrees 50 minutes 40 seconds West, 327.04 feet to the northerly side of New Suffolk
Avenue and the point or place ofBEGINNINo.
24 Commerce Drive • Riverhead,New York 11901 • (631) 727-0600 • Fax: (631) 727-0606
1 •
Fidelity National Title
INSURANCE COMPANY
PARCEL 2
SCTMi/1000-116--1-6
(Party of the second part- Lauren W. McCal.1)
SCHEDULE B
ALL that certain plot,piece or parcel of land,situate,lyingand being at Cutchogue,Town of Southold,County
of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point at the easterly corner of the 30 foot right of way now or formerly of Baxter at the
southwest corner of the premises about to be described herein, said point being also distant 327.04 feet
northerly as measured along the easterly side of said 30 foot right of way from the northerly side of New
Suffolk Avenue;
RUNNING THENCE from said point or place of beginning along the easterly side of said 30 foot right of way
now or formerly of Baxter the following 2 courses and distances:
I. North 16 degrees 18 minutes 30 seconds East 242.96 feet;
2. North 09 degrees 13 minutes 00 seconds East 99.65 feet to other Iand now or formerly of Baxter;
RUNNING THENCE along said Iand North 83 degrees 07 minutes East 299.46 feet to the westerly side of
Downs Creek;
RUNNING THENCE along the westerly side of Downs Creek the following 4 courses and distances:
1. South 17 degrees 06 minutes 26 seconds West 36.17 feet;
2. South 57 degrees 23 minutes 45 seconds East 160.16 feet;
3. South 18 degrees 17 minutes 51 seconds West 197.22 feet;
4. South 34 degrees 31 minutes 18 seconds West 19.73 feet; and
RUNNING THENCE South 84 degrees 19 minutes West 434.80 feet to the point or place of
BEGINNING.
24 Commerce Drive , Riverhead, New York 11901 0 (631) 727-0600 - Fax. (631) 727-0606
SCHEDULE "C"- - EASEMENT.
Beginning at a point on the northerly side of New Suffolk Avenue where
the division line between the premises herein described and the
easterly line of land formerly of Williams now Benjamin T. White
• intersects the northerly line of New Suffolk Avenue, being 1080.54 feet
westerly along the northerly side of New Suffolk Avenue with the
westerly side of Moores Lane. From said point of Bbginning'.
Running thence along the land formerly of Williams now Benjamin
T. White the following two (2) courses and distances. (1) North
14°15'00" East, a distance of 322.73 !feet; thence (2) North 16018'30"
East, a distance of 241. 63 feet; Running thence through land now or
formerly of John Brewster McCall Trust the following two (2) courses
and distances (1) North 09013'00" East, a distance of 89.13 feet;
thence (2) North 83007'00" East, a distance of 31.22 feet to the
northwest corner of land now or formerly of Lauren Willette McCall
thence along the westerly line of land or Lauren Willette McCall the
following two (2) courses and distances (1) South 09°13'00" West, a
distance of 99. 65 feet; thence (2) South 16°18'30" West, a distance of
242.96 feet to the land of Cheryl L. McCall and Robert E. McCall and
-along said land South 14°15'00" West, a distance of 327.04 feet to the
. northerly side of New Suffolk Avenue and along the northerly line North
66034100" West, a distance of 30.40 feet to the point or place of
Beginning.