HomeMy WebLinkAboutL 12953 P 113 1111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
I 11111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 03/08/2018
Number of Pages : 5 At: 10 :56:52 AM
Receipt Number : 18-0043083
TRANSFER TAX NUMBER: 17-24444 LIBER: D0001295.3
PAGE : 113
District: Section: Block: Lot:
1000 103 . 00 02 . 00 001 . 000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $25 . 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 $5 .20 NO RPT $200 .00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO
Fees Paid $275 .20
TRANSFER TAX NUMBER: 17-24444
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages RECORDED
2018 Isar- 08 10:56:52 AM
JUDITH A. PASCALE
This document will be public CLERK OF
SUFFOLK COUNTY
record. Please remove all L D00012953
Social Security Numbers P 113
prior to recording. DT# 17-24444
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 r Sub Total
Notation Spec./Assit.
� Or
EA-52 17(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX
Dual Town Dual County
R.P.T.S.A. o7 t'C7. C� Held forAppointment
Comm.of Ed. 5• 00 Transfer Tax
(`) Affidavit • al
p Mansion Tax
ko
y CertifiedCopy G1D _� The property covered by this mortgage is
Ct �- or will be improved by a one or two
NYS Surcharge 15. 00 'a �^ �f1 family dwelling only.
Sub Total v VV YES orNO
Other ia O
Grand Tota{ 1 v � If NO, see appropriate tax clause on
page# of rs instrument.
4 Dist. 1( 3591783 1000 10300 0200 001000 DO 5 Community Preservation Fund
Real Propertf R LPA� I 1111111111111111Consideration AmountTax Service '
Agency 08-MAR-1 CPF Talc Due $
Verification
// pp Improved
6
Satisfactions/Discharg s CORD&RLETURNTO�Owners Mailing Address v,
Vacant Land
Michael Strauss, Esq.
907 Main Street TD I Q0V
Suite 2 TD
Port Jefferson, NY 11777
TD
Mail to:Judith A. Pascale,Suffolk County Clerk Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name SAFE HARBOR TITLE AGENCY,LTD.
www.suffolkcountyny.gov/clerk
Title# CTSY 10498
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached' Easement made
by: (SPECIFYTYPE OF INSTRUMENT)
David Hazard and Barbara Hazard The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of Southold
Eric Klodnicki and Jennifer Klodnicki In the VILLAGE
or HAMLET of
BOXES 6THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
' DRIVEWAYACCESSAND MAINTENANCE AGREEMENT
THIS DECLARATION, made this ,3 day of February,2018, byand among DAVID HAZARD
AND BARBARA HAZARD, residing at 1465 Harbor Lane, Cutchogue, NY 11935 (hereinafter
referred to as"Party of the First Part"),and ERIC KLODNICKI AND JENNIFER
KLODNICKI,residing at 1415 Harbor Lane, Cutchogue, NY 11935 (hereinafter referred to as
"Party of the Second Part"),
WITNESSETH:
WHEREAS,the Party of the First Part are the owners in fee simple of the premises known as
proposed Lots 1 and 2 on the Map of East Creek Estates, located on Harbor Lane in Cutchogue,
New York; SCTM#1000-103-2-1;and
WHEREAS,the Party of the Second Part is the owner of the premises to the north known as
SCTM# 1000-97-6-10; 1415H3ixrLareCtkhogue W 119(35 and
WHEREAS,the premises described in ScheduleAannexed hereto describes a private
driveway; and
WHEREAS,by this instrument, the Party of the First Part desires to provide easements forthe
common useof the private road/driveway and otherwise provideforthe maintenance, repairand
service of said private road/driveway:
NOW THEREFORE, in consideration of the above, it is agreed as follows:
1. The Party of the First Part grants tothe Party of the Second Part,its successors,transferees and assigns,
forever,the right to use the aforesaid private road for the unrestricted right of ingress overthe premises
described in Schedule"A"for the purpose of gaining access to their parcel known as SCTM#1000-97-6-10.
2. The Parties, and each subsequent owner,their successors, transferees and assigns
shall be responsible for the maintenance of said common driveway as follows: All three
owners shall have equal responsibility for maintaining the portion of the driveway that
they share in common for access.
The word "maintenance" as used here shall be deemed to mean all costs and expenses
in connection with said common driveway, including the cost of sweeping, surfacing and
resurfacing, re-gravelling, filling in of holes, snow removal, landscape maintenance to
ensure proper width and all those items necessary to make it convenient and safe for the
owners of the aforesaid lots to use the common driveway to access each lot.
The right of way shall always be maintained to be passable by ordinary passenger,
service and emergency vehicles by insuring woody vegetation is trimmed, cleared, and
grubbed to a minimum width and height of 16 feet along its entire length.
Necessary maintenance shall be determined by mutual agreement of those with access
rights over the common driveway.
Notwithstanding anything to the contrary herein, each and every lot owner shall repair, at
his/her sole cost and expense, any damage done to the common driveway by the
respected 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 cost.
In the event one of the lot owners fails to pay their proportionate share of maintenance
cost 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 cost 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 cost.
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 to 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 that 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 owner's in recovering the defaulting lot owner's unpaid
share of maintenance cost.
3. The Parties, and each subsequent owner, their successors, transferees, and assigns
covenant and agree thatthe Parties and each subsequent ownerof any lot encompassed by
the description setforth on ScheduleAshall havean easementover any other such lot for the
purpose of laying, maintaining, repairing and surfacing utility lines and water mains and
other utility equipment and appurtenances as maybe reasonably required to service each of
said lots.
4. ThisAgreement shall at all times be deemed,and shall constitute, covenants running with
the land and shall be binding upon and in favor of the Parties, their successors, transferees,
and/or assigns forever.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date
and year first above written.
DAVID HAZARD
BARB ARD
E C ODNICKI
f
J N NIFER KLODNICKI
State of New York County of Suffolk
��� �
On theday of�ebruary, in the year 2018 before me,the undersigned, personally appeared DAVID HAZARD and BARBARA
HAZARD, 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
cap s), and tha# by hismerttheir signature(s) on the instrument, the individual(s) or the person upon behalf of which
the livid ) acted, uted the instrument.
DANIEL C. ROSS
Notary public, State of New York
N ary Public No. 4907175
Qualified in Suffolk County
State of New York Countyof Suffolk Commission Expires Aug. 31, 204(
�j�'D �
On the day of February, inthe year 2018 before me,the undersigned, personally appeared ERIC KLODNICKI and
JENNIFER KLODNICKI, 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
hi it capaci (ies), and that by his/her/their signature(s) on the instrument, the ndividual(s) or the person upon
beh Ir of c ual(s) acted, executed the instrument.
Notary Public DANIEL C. ROSS
Notary PutiHc, State,of New York
No. 4907175
Qualified in Suffolk County
Commission Expires Aug. 31, 2091
L
Legal Description of 25' Wide Right of Way for Common Driveway
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, known and designated as part of Lot 1 as
shown on a certain map entitled"Final Plat East Creek Estates", more particularly bounded and
described as follows:
Beginning at a point along the easterly side of Harbor Lane where the same is intersected by the
division line between Lots 1 & 2 as shown on above said map, at the southwesterly corner of
land to be herein described, said point being also 441.29 feet as measured northerly along the
easterly side of Harbor Lane from the corner formed by the intersection of the easterly side of
Harbor Lane with the northerly side of Pierce Road;
RUNNING thence North 25 degrees 15 minutes 00 seconds West along the easterly side of
Harbor Lane, 25.00 feet to a point;
RUNNING thence through Lot 1 as shown on above said map the following three (3) courses and
distances:
(1) North 71 degrees 54 minutes 19 seconds East, 153.39 feet to a point;
(2) along the arc of a curve to the left having a radius of 50.00 feet and a length of
47.47 feet to a point;
(3) North 17 degrees 30 minutes 33 seconds East, 112.75 feet to a point along the
northerly line of Lot 1 as shown on above said map;
RUNNING thence North 67 degrees 46 minutes 00 seconds East along the northerly line of Lot I
as shown on above said map, 32.51 feet to a point;
RUNNING thence through Lot 1 as shown on above said map the following two (2) courses and
distances:
(1) South 17 degrees 30-minutes 33 seconds West, 133.54 feet to a point;
(2) along the arc of a curve to the right having a radius of 75.00 feet and a length of
71.20 feet to a point along the division line between lots 1 & 2 as shown on
above said map;
RUNNING thence South 71 degrees 54 minutes 19 seconds West along the division line of Lots
1 & 2 as shown on above said map, 150.25 feet to the point or place of BEGINNING.
N�