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Home My WebLink AboutL 12950 P 386 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 02/15/2018 Number of Pages : 7 At: 01 : 15 :50 PM Receipt Number : 18-0029337 TRANSFER TAX NUMBER: 17-22298 LIBER: D00012950 PAGE : 386 District: Section: Block: Lot: 1000 127 .00 08 . 00 017 . 003 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 $8 . 75 NO RPT $400 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $488 .75 TRANSFER TAX NUMBER: 17-22298 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Fil F2] RECORDED 2018 Feb 15 01:15:50 PM Number of pages JUDITH A. PASCRLE CLERK. OF SUFFOLK COUNTY This document will be public L D00012950 P 396 record.Please remove all DT#1 17-2::298 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 �_ Sub Total Notation 1 Spec./Assit. EA-52 17(County) Sub Totaly Spec/Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. A(� -- Dual Town Dual County Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Aff�C.mfid diMansion Tax �S R;: 1 The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 } ' family dwelling only. Sub Total 4 a$.7 S. YES or NO Other Q Grand Total O 3 '75 If NO, see appropriate tax clause on page# of this instrument. 4 Dist. } 3577057 See C% 7 i aCkF'(J )3 5 1 Community Preservation Fund Rea!Property PTS Consideration Amount$ I 111111111111111111 Tax Service R LPA A Agency ,5�t B-t8 CPF Tax Due 5 Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land William Boulier,Esq. TD P.O.Box 791 TD Manorvi Ile,NY 11949 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 made by: (SPECIFY TYPE OF INSTRUMENT) Capital Asset Retirement Fund LLC The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In theTOWN of Southold Capital Asset Retirement Fund LLC In the VILLAGE or HAMLET of Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over pT S Stat ID: R LPA A 3577057 15-FEB-18 Tax Maps District Secton Block Lot School District 1000 12700 0800 017003 MATTITUCK-CUTCHOGUE 1000 12700 0800 017004 MATTITUCK-CUTCHOGUE a i t DECLARATION OF EASEMENT This Declaration and agreement is made the day of February 2018 by CAPITAL ASSET RETIREMENT FUND LLC, (hereinafter"CARF") with an address at 35 Merton Circle, Wading River,New York 11792. WHEREAS, CARF is the owner of an unimproved parcel of land (hereinafter the "Vacant Parcel") more particularly described in Schedule A, SCTM No. 1000; 127.00; 08.00; 017.003 and known by the street address of Great Peconic Bay Boulevard, Southold,New York and CARF is also the owner of an improved parcel of land (hereinafter the"Improved Parcel") more particularly described in Schedule B, SCTM No. 1000; 127.00; 08.00; 017.004 known by the street address of 2445 Peconic Bay Boulevard, Southold,New York; and Whereas the parcels are contiguous, adjoining and have a common boundary line; and Whereas the Vacant Parcel is about to be sold and CARF wishes to establish and guarantee access to the Improved Parcel across the Vacant Parcel; and Whereas CARF desires to create a driveway easement for automobiles and any other vehicles which will benefit the Improved Parcel described in Schedule B and burden the Vacant Parcel described in Schedule A. The easement over the Vacant Parcel herein granted is described on the attached Schedule C. The non-exclusive easement shall benefit the parcel described in Schedule B, and shall allow the use of the easement area for ingress and egress from said property described in Schedule B to the public road and for parking only in current existing parking areas within the easement area, as depicted on the survey of Nathan Taft Corwin III, Land Surveyor, dated December 22, 2017 (updated January 14, 2018). The benefitted property's use of the easement is limited to the easement area directly benefitting such property. The owner of the parcel described in Schedule B agrees to at all times maintain and make necessary repairs, at his or their own expense, should the driveway and parking area require same for its proper upkeep and maintenance, but shall not be permitted to enlarge the current drive and parking areas or further clear any additional vegetation. Further, it is agreed that at no time may the easement area be further improved, and paving, edging or other improvements are prohibited. Further, said owner agrees and acknowledges that the County of Suffolk and Town of Southold, their successors and assigns, shall not be responsible or liable in any way for the repair and maintenance of the easement area and the parking and drive areas thereon. Page 1 of 2 Previous driveway and/or parking easements or rights of way to the Improved Parcel for these same purposes are hereby extinguished. The easement shall run with the land and be binding upon all parties,their heirs, successors, grantees and assigns. CAPITAL AS T RETIREMENT FUND LLC BY J-a EF- MAN61,Q RAGlNA, Martejin3 AAA-t-hbe.r State of New York ) ss: County of S,PFK ) On the— ';I-- day of February 2018, before me the undersigned, personally appeared Jose personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (tee) subscribed to the within instrument and acknowledged to me that (he)(She)(t13ey) executed the same in (his)(her-)( ir) capacity(ies), and that by(his)(4-�r) signature(&) on the instrument, the individual(s) or the person upon behalf of which the individualEs) acted, exe d the instrument Notary Public William!3 Roulier Notary Public,State of N.Y. No.02B05059967 Qualified in Suffolk County Commission Expires May 6,201$ State of New York ) ) ss: County of ) On the day of February 2018, before me the undersigned, personally appeared 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 Notary Public Page 2 of 2 Schedule A Description Title Number FPA4819-S Page 1 'AMENDED 9111117 ALL that certain plot, piece or parcel of land situate lying and being in the town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the northerly line of Peconic Bay Boulevard at the southwesterly corner of land now or formerly of Ellen M. Braunstein Living Trust and the southeasterly corner of the and herein described; RUNNING THENCE along the said northerly line of Peconic Bay Boulevard South 39 degrees 22 minutes 10 seconds West-actual (South 51 degrees 30 minutes 00 seconds west-deed), 110.61 feet to a monument and the land now or formerly of Anne Marie McVeigh; THENCE along said lands of McVeigh, being also along the westerly line of a 50 foot right of way, North 38 degrees 17 minutes 20 seconds West-actual (North 26 degrees 09 minutes 30 seconds west-deed), 200 feet to a monument; THENCE continuing along said land of McVeigh, south 39 degrees 22 minutes 10 seconds West-actual (South 51 degrees 30 minutes west-deed), 90 feet; THENCE along the lands now or formerly of Tristate Capital Holdings LLC, the following two (2) courses and distances: 1. North 38 degrees 17 minutes 20 seconds West-actual (North 26 degrees 09 minutes 30 seconds west-deed), 173.30 feet;and 2. South 51 degrees 26 minutes 40 seconds West-actual (South 33 degrees 11 minutes west-deed), 72.08 feet; THENCE Northery, along said Bushes Creek, the following (11) courses and distance; 1. North 40 degrees 05 minutes 31 seconds West, 10.02 feet; 2. North 41 degrees 51 minutes 15 seconds West, 148.64 feet; 3. North 38 degrees 13 minutes 10 seconds West. 93.58 feet; 4. North 46 degrees 39 minutes 17 seconds West, 124.92 feet; 5. North 48 degrees 07 minutes 37 seconds West, 150.89 feet; 6. North 42 degrees 04 minutes 56 seconds West,. 94.29 feet; 7. North 50 degrees 46 minutes 50 seconds West, 118.59 feet; 8. North 56 degrees 44 minutes 12 seconds West, 145.61 feet; 9. North 68 degrees 01 minutes 15 seconds West, 85.72 feet; 10. North 50 degrees 26 minutes 07 seconds West, 91.70 feet; Continued On Next Page Schedule A Description-continued Title Number FPA4819-S Page 2 11. North 35 degrees 12 minutes 42 seconds West, 42.89 feet to the lands now or formerly of Jeffry Hallock; THENCE along said land now or formerly of Jeffry Hallock, North 57 degrees 26 minutes 58 seconds East-actual (North 69 degrees 59 minutes 40 seconds east-deed), 591.17 feet to lands now or formerly of Half Hollow Nursery Realty Corp.; THENCE along said land of Half Hollow Nursery Realty Corp., South 33 degrees 02 minutes 23 seconds East- actual (South 20 degrees 14 minutes 40 seconds East-deed, 905.68 feet; THENCE South 57 degrees 37 minutes 30 seconds West, 150.00 feet; THENCE South 32 degrees 22 minutes 30 seconds East, 150.04 feet; THENCE South 82 degees 22 minutes 00 seconds East, 94.00 feet; THENCE North 57 degrees 37 minutes 30 seconds East, 78.00 feet; THENCE South 32 degrees 22 minutes 30 seconds East, 189.58 feeet to the point or place of Beginning. DISTRICT: 1000 SECTION: 127.00 BLOCK: 08.00 LOT: 017.003 Premises known as: Great Peconic Bay Blvd., Southold, New York ScArdule— /5 Legal Description of 300 Private Road#4, Laurel,New York Suffolk County Tax Lot No. 1000-127-08-17.4 ALL that certain plot,piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and The State of New York, bounded and described as follows: BEGINNING at a point along the westerly line of land now or formerly Robert R. Johnson and Margaret A. Feeney at the southeast corner of land to be herein described, said point being also the following two (2) courses and distances as measured from the westerly end of a curve having a radius of 34.86 feet and a length of 42.38 feet connecting the northerly side of Peconic Bay Boulevard with the westerly side of Wendy Drive: (1) South 38 degrees 55 minutes 30 seconds West along the northerly side of Peconic Bay Boulevard, 106.97 feet to a point; (2) North 32 degrees 22 minutes 30 seconds East along the westerly lines of land now or formerly of Ellen M. Braunstein Living Trust, and Robert R. Johnson and Margaret A. Feeney, 189.58 feet to the true point or place of Beginning; RUNNING THENCE through land now or formerly Capital Asset Retirement Fund LLC the following four(4) courses: (1) South 57 degrees 37 minutes 30 seconds West, 78.00 feet to a point; (2) North 82 degrees 22 minutes 00 seconds West, 94.00 feet to a point; (3) North 32 degrees 22 minutes 30 seconds East, 150.00 feet to a point; (4) North 57 degrees 37 minutes 30 seconds East, 150.00 feet to a point along the westerly line of land now of formerly Philippe A. Millen and Pamela J Millen Trust; RUNNING THENCE South 32 degrees 22 minutes 30 seconds East along the westerly line of lands now of formerly Philippe A. Millen and Pamela J. Millen Trust, and Robert R. Johnson and Margaret A. Feeney, 210.43 feet to the point or place of Beginning. C Legal Description of Right of Way at 2445 Peconic Bay Boulevar.l, Laurel,New York ALL that certain plot,piece or parcel of land, situate, lying and being at Laurel, Town of Southold,County of Suffolk and The State of New York, bounded and described as follows: BEGINNING at a point along the northerly side of Peconic Bay Boulevard at the southeast corner of land to be herein described, said point being also the fbllowing two (2)courses and distances as measured from the westerly end of a curve connecting the northerly side of Peconic Bay Boulevard with the westerly side of Wendy Drive: (1) South 38 degrees 55 minutes 30 seconds West, 106.97 feet to a point; (2) South 39 degrees 22 minutes 10 seconds West, 85.02 feet to the true point or place of Beginning; RUNNING THENCE South 39 degrees 22 minutes 10 seconds West, 25.59 feet to a point at the southeast corner of land now or formerly Anne Marie McVeigh; RUNNING THENCE North 38 degrees 17 minutes 20 seconds West along the easterly line of above said land, 200.00 feet to a point; RUNNING THENCE through land now or formerly Capital Asset Retirement Fund LLC the following three (3) courses: (1) North 89 degrees 21 minutes 23 seconds West, 58.86 feet to a point; (2) North 32 degrees 22 minutes 30 seconds West, 53.65 feet to a point; (3) North 57 degrees 37 minutes 30 seconds East, 25.00 feet to a point along the westerly line of other lands of Capital Asset Retirement Funding LLC; RUNNING THENCE along the westerly and southerly lines of above said land the following three(3)courses and distances: (1) South 82 degrees 22 minutes 00 seconds East, 94.00 feet to a point; (2) North 57 degrees 37 minutes 30 seconds East, 30.87 feet to a point; RUNNING THENCE through land now or formerly Capital Asset Retirement Fund LLC the following three(3)courses: (1) South 38 degrees 17 minutes 20 seconds East, 50.00 feet to a point; (2) South 57 degrees 37 minutes 30 seconds West, 56.00 feet to a point; (3) South 38 degrees 17 minutes 20 seconds East, 167.37 feet to the•point or place of Beginning Easement Area being 12,430 sq. ft. 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