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Home My WebLink AboutL 12973 P 413 !lill I I I I I I I I I I I 11111111111 1111111111111111111 I I I I!fill I I l l!I I I I I I I I I I I I I I I I I I SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 08/10/2018 Number of Pages : 9 At: 09 : 15 : 38 AM Receipt Number : 18--0148500 TRANSFER TAX NUMBER: 18-01107 LIBER: D00012973 PAGE : 413 District: Section: Block: Lot: 1000 094 . 00 03 .00 001 . 012 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $45 .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 $495 . 00 TRANSFER TAX NUMBER: 18-01107 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County '` '' EU Number of pages RECORDED 201a Aura 10 09:15:38 AM JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK. COUNTY record. Please remove all L DO0012973 Social Security Numbers P 413 prior to recording. DT# 18-01107 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording./Filing Stamps 3 FEES Page/Filing Fee q 2 Mortgage Amt. J Handling 20. 00 1. Basic Tax '!l ^' 2. Additional Tax TP-584 Sub Total — Notation SpecJAssit. r EA-52 17(County) Sub Total Specor./Add. _ EA-5217(S TOT.MTG.TAX R.P.T.S.A, Dual Town Dual County Heldfor Appointment Comm.of Ed. 5. 00 Transfer Tax _ Affidavit Mansion Tax Certified Copy oThe property will be icovered mp ovedbbyt asonenorge is two NYS Surcharge 15, 00 family dwelling only. — Sub Total Other YES or NO Q Grand Total / 5 ti If NO,see appropriate tax clause on page/f of this instrufneryt. Ooo Q .i q I q & 4 Dist. Sec 3688946 5 Community Preservation Fund a Real Property T RPSMI ,P1 Consideration Amount $ Tax°Service Agency CPF Tax Due $ Verification 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD\& RETURN TO: Vacant Land l ter„ V R C o-t- t �s �. TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title COMpany Information 310 Center Drive, Riverhead, NY 11901 �`, . ame www.suffolkcountyny.gov/clerk . Title -� , t5�- a 1 - 5 ti Suffolk County Recording & Endorsement Page This page forms part of the attached �(� Vj A '25--- �-— m,;de by: —� (SPECIFY TYPE OF INSTRUMENT) t—=N r„-iS The premises herein is situated in L� SUFFOLK COUNTY,NEW YORK. _ TO In the TOWN of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED 1N BLACK INK ONLY PRIOR TO RECORDING OR FILING. 3orrRzslf 4Stat I D: 3688946 Tax Maps District Secton Block Lot School District 1000 09400 0300 001012 1000 09400 0400 001000 MATTITUCK-CUTCHOGUE DRIVEWAY EASEMENT AGREEMENT made as of this 9th day of April, 2018 by and between Small Fork Farms LLC, a New York limited liability company, with an address of 4050 Soundview Avenue, Mattituck, NY 11952 (the "GRANTEE"), and Two Cats One LLC, a New York limited liability company, with an address of 745 Love Lane, P.O. Box - 645, Mattituck, NY 11952 ("GRANTOR"). WITNESSETH : WHEREAS, GRANTOR owns certain lands situate at Soundview Avenue, Town of Southold, County of Suffolk, State of New York (SCTM# 1000-094.00-04.00-001.000); and WHEREAS, GRANTEE owns certain lands situate at 4050 Soundview Avenue, Mattituck, NY 11952, Town of Southold, County of Suffolk, State of New York (SCTM # 1000-094.00-03.00-001.012) (the "GRANTEE'S Premises"); and WHEREAS, GRANTOR desires to provide an easement for access to and from the lands of GRANTEE over a portion of GRANTOR'S lands to the public highway known as Soundview Avenue to resolve a prescriptive easement claim by GRANTEE; and WHEREAS, said access area is described on Schedule "A" annexed hereto and made a part hereof, and identified as "Easement for Driveway" on a survey prepared by Peconic Surveyors, P.C., dated December 11, 2017, and updated on April 4, 2018 (the "Survey"), which is annexed hereto as Schedule "B" and made a part hereof (said access area is hereinafter referred to as "the Easement Area"); NOW, THEREFORE, in consideration of Ten ($10.00) Dollars and other good and valuable consideration, it is mutually agreed as follows: 1. GRANTOR does hereby grant, transfer, bargain, sell and convey unto GRANTEE, in perpetuity subject to the limitations contained herein, an access 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 righe to use the Easement Area for the purpose of vehicular ingress and egress to and from GRANTEE'S Premises to the public highway known as Soundview Avenue, and for the installation of underground utilities and water lines; b. No personal property of any kind, including boats, shall be placed, stored or maintained anywhere within the Easement Area. No structures_or landscaping shall be located within the Easement Area without the express written permission of GRANTOR. The Easement Area shall be kept free of debris at all times. c. GRANTEE shall be solely responsible for maintenance of the Easement Area. d. GRANTOR shall not place any signs_, fencing or other impediments within the boundaries of the Easement Area. 3. All of the benefits, burdens, conditions, and restrictions of this easement shall run with the land. To that end, all references herein to GRANTOR shall also refer to GRANTOR'S successors in interest, and all references herein to GRANTEE shall also refer to GRANTEE'S successors in interest. 4. 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. 5. GRANTEE shall indemnify, protect, defend and hold harmless GRANTOR from and against any and all losses, liabilities, damages, costs, claims, actions, causes of action, and expenses (including reasonable attorney's fees) arising out of GRANTEE'S and its agents', contractors', employees', invitees', or licensees', use of the Easement. 6. This Agreement may be amended, modified, superseded or cancelled, and any of the terms and conditions hereof may be waived only by a written instrument executed by all the parties hereto or, in the case of a waiver, by the party waiving compliance. 7. This Agreement sets forth the entire agreement and understanding of the parties with respect to the Easement Area contemplated hereby and supersedes all prior agreements, arrangements, and understandings relating to the subject matter thereof. No representation, promise, inducement or statement of intention has been made by any of the parties which is not embodied in this Agreement and none of the parties to this Agreement shall be bound by or liable for any alleged representation, promise inducement or statement of intention not so set forth. 8. All of the terms, covenants, representations, warranties and conditions of this agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns. 9. This Agreement shall be governed and construed and enforced in accordance with the laws of the State of New York. (signature page follows) IN WITNESS WHEREOF, the parties have set their hands the day first above written. Two CATS ONE LLC By: Andrew T. Fohrkolb, Manager SMALL FORK FARMS LLC By: Holly M. Browder, Member Acknowledgments State of New York, County of Suffolk) ss: 4•. On the /0 day of April in the year 2018 before me,the undersigned, personally appeared ANDREW T. FOHRKOLB 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 executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. L" Notary Public MARY KOLAKOWSKI NOTARY PUBLIC STATE OF NEW YORK SUFFOLK COUNTY State of New York, County of Suffolk ) ss: LIC. #01 K0487 006 COMM. EXP, Z g On the qYh day of April in the year 2018 before me, the undersigned, personally appeared HOL Y M. BROWDER 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 executed the same in kcapacity and that by lt}s signature on the instrument, the individual, or the person up behalf of which the individual acted, executed this instrument. Notary Public DONNA MCGAHAN Notary Public, State of New York No. 01 MC4851459 oualitied in Suffolk County Commission Expires Aug. 18,.201$ SCHEDULE A DESCRIPTION OF EASEMENT FOR DRIVEWAY OVER A PORTION OF LOT 1 SCTM it 1000-9404-01 All that certain plot, piece, or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, State of New York being Lot 1 as shown on a certain map entitled "Minor Subdivision for Robert G. Rowehl" filed in the office of the Suffolk County Clerk on November 23, 1998 as Map No. 10209, of an easement to pass and repass over the northeasterly portion of Lot 1 more particularly bounded and described as follows: BEGINNING at a point at the northeasterly corner of Lot 1 as shown on the aforesaid filed map, and running thence in a southerly direction along the easterly line of Lot 1, south 26 degrees 02 minutes 10 seconds east a distance of 21.00 feet to a point; THENCE through Lot 1 south 76 degrees 19 minutes 20 seconds west a distance of 15.11 feet to a point; THENCE north 65 degrees 08 minutes 00 seconds west a distance of 15.05 feet to a point and the southerly line of Soundview Avenue; THENCE along the southerly line of Soundview Avenue north 49 degrees 52 minutes 20 seconds east a distance of 25.00 feet to the point and place of beginning. > rf t s r r i 800 Westchester Avenue•Suite S340.Rye Brook,NY 10573•T(914)361-6700•F(914)381-3135 _ 275 Madison Avenue•Suite 625•New York,NY 10016.T(212)432-3272•F(800)329.9396 JUDICIAL TITLE 30 West Main Street•Suite 302•Riverhead,NY 11901 •T(531)395-0500•F(631)405.3155 Title Number: 128952FI-S SCHEDULE A Amended 05/15/2018 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, known as Lot No. 1 on map entitled, "Minor Subdivision Robert G. Rowel", filed in the Office of the Suffolk County Clerk on November 23, 1998, as Map No. 10209, being more particularly bounded and described according to said map as follows: BEGINNING at a point on the southeasterly side of Soundview Avenue at the most northerly corner of subject premises herein described and the most westerly corner of lands now or formerly Small Fork Farms LLC said point intersecting the southeasterly side of Soundview Avenue; RUNNING THENCE south 26 degrees 02 minutes 10 seconds east, 171.70 feet; THENCE south 25 degrees 48 minutes 00 seconds east, 450.77 feet; THENCE south 65 degrees 36 minutes 20 seconds west, 386.32 feet; THENCE north 24 degrees 23 minutes 40 seconds west, 347.48 feet; THENCE north 24 degrees 33 minutes 00 seconds west, 169.45 feet to a point of curvature; THENCE northeasterly on a curve to the right, having a radius of 25.00 feet and an are length of 35.62 feet to the southeasterly side of Soundview Avenue; THENCE along the southeasterly side of Soundview Avenue the following two (2) courses and distances: North 57 degrees 05 minutes 30 seconds east, 137.28 feet; and North 49 degrees 52 minutes 20 seconds east, 222.06 feet to the point or place of BEGINNING. M _# 1000 ^ 69y,00- OL1, 00 - 001 , 00a FOR CONVEYANCING ONLY The policy to be issued under this report will insure- the title to such buildings and improvetnents erected on the premises which by lana constitute real property. 'TOGETHER with all the right, title and interest of the party in the first part, or, in and to the land lying in the street in liront of and adjoining said premises. SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument at the Southeast corner of Soundview Avenue and from said point of beginning; RUNNING THENCE along the Southerly side of a right of way North 49 degrees 52 minutes 20 seconds East 36.09 feet to the other lands of Browder; THENCE along said land: 1) South 26 degrees 02 minutes 10 seconds East 180.64 feet; 2) South 25 degrees 48 minutes 00 seconds East 200.40 feet; 3) North 63 degrees 49 minutes 10 seconds East 324.56 feet to lands now or formerly of Jorg Menger; THENCE South 26 degrees 10 minutes 50 seconds East along said lands now or formerly of Jorg Menger 1530.85 feet to lands now or formerly of Allan Arrieta; THENCE along said lands now or formerly of Allan Arrieta South 63 degrees 25 minutes 10 seconds west 375.73 feet to lands now or formerly of Robert G. Rowehl; THENCE Northwesterly along said lands now or formerly of Robert G. Rowehl: 1) North 25 degrees 40 minutes 00 seconds West 403.20 feet; 2) North 25 degrees 27 minutes 00 seconds West 824.65 feet; 3) North 25 degrees 48 minutes 00 seconds West 506.27 feet 4) North 26 degrees 02 minutes 10 seconds West, 171.78 feet to the southerly side of a right of way to the point or place of BEGINNING. TOGETHER with a right of way over premises irrevocably offered for dedication in Liber 11749 Page 723 to and from Soundview Avenue. bo\- ON SCHEDULE "B" SURVEY SHOWING THE EASEMENT FOR DRIVEWAY (see attached) j r r ti, SCHEDULE "a" SURVEY OF PROPERTY AT MATTITUCK N TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. / 1000-94-04-01 / SCALE.- 1-50' DECEMBER 11, 2017 EASEIENT FOR JANUARY 11, 2018(MARKERS SET) ORIVeWAY FEBRUARY 14 2018 (DRIVEWAY EASEMENT) 5EE DETAIL APRIL 4, 20f8 (DRIWWAY EASEMENT) j RI AY P a�o.F l32T. 8. 4�•y 9vp zow s 1b•�t ENUKED-DRIVEWAY EASEMENT DETAIL ,\ v0 , 71 01 � \`\ ` GOtrIFEo ro TWO CAT5 ONE LLG lA.►�ENT TFC .A.OIGIAL TITLE 06UKAIK,C AUMY LLG LIO FCOUTY NATIONAL TITLE WRO.-ILE GOWANY S.OF NEN, LOT NNElRS ARC Rf7QOC4ED TO 11YIOR SI.ODIVISIGN RlIOQT 6 ROWEL' FIND N 1W OFFICE OF TW SLFFOLK COUNTY CLOX �\ ON NOVE\EER 73 RM AS IUl N0. 0701 ANY ALTERATION OR AOOIYION TO 7Nki SLRVEY 6 A VIOLATION CP - MGTION 77010E THE NEW YORK STATE EOVCATION LAW. EXU7T AS s1B�a .N0. 4y614 M SECTION 77019-SLEpIVISION 2 ALL C4WIFIGATIOM FEREON ARE p,O, VM-10 FOR THNS LUF Ab C"i95 iFEREOF oNLY Ir SAID NAr OK TOTAL GOF@S 55E OEM TFE WME0 SEAL OF TFC SURVEYOR WH95C (6JI} - TO FAX(6J!)76.%-F79;' sIr,NATURE ArrEroRs HPWW AREA= 217,835 SO. FT, or 5.008 Acres P•a ffav 9' Imo!pD�EN.Y.5107T 07--135A