HomeMy WebLinkAboutL 13052 P 236 r
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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 l l
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 03/13/2020
Number of Pages: 8 At: 03 :50 : 04 PM
Receipt Number : 20-0048378
TRANSFER TAX NUMBER: 19-24112 LIBER: D00013052
PAGE : 236
Distract: Section: Block: Lot:
1000 004 . 00 07 . 00 002 . 001
EXAMINED AND CHARGED AS' FOLLOWS
Deed Amount: $100 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
.Page/Filing $40 . 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 . 00 NO RPT $400 .00 NO
Transfer tax $0 . 00 NO Comm. Pres $0 .00 NO
Fees Paid $495 .00
TRANSFER TAX NUMBER: 19-24112
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
RECORDED
�1 2020 filar 13 03:50:04 PM
JUDITH A. PASCALE
CLERK OF
Number of pages SUFFOLK COUNTY
L D00013052
P 235
This document will be public DT# 19-24112
record.Please remove all
Social Security Numbers
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee �D_ I Mortgage Amt.
1:Basic Tax
HandbnQ 20. 00
_ 2. Additional Tax
TP-584 -s Sub Total '
Spec./Assit.
on
� or
EA-52 17(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX
R.P.T,S.A. _ Dual Town Dual County
Held for Appointment
Comm.of Ed. S. 00 Transfer Tax
Affidavit _
Mansion Tax
L_C=er1rffiedCopy
The property covered by this mortgage is
�'W or.will be improved by a one or two
NYS Surcharge 15. 00 30 family dwelling only.-
Sub Total // YES or NO
Other "1 If NO, see appropriate Grand Total � Ppriate tax clause on P
page# of his i strument.
r, o P(-^),.)O4 Dist. 4080804 x. C -F CQ(� 1 C1 � 5 Community Preservation
Fund
Real Proper p T S eel Consideration Amount$i '
Tax Service, R LPA A i
Agency 12-MAR-2 gCPF Due $
Verification
\ Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: VacaDLnd
STEPHEN L.HAM,III,ESQ. TD
MATT14EWS&HAM TD
38 NUGENT STREET .
SOUTHAMPTON,NY 11968 TD
Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co-Name Ct /
www.suffolkeountyny.gov/clerk Tide#
8 Suffolk County Record n & Endorsement Page
This page forms part of the attached EASEMENT AGREEMENT made
by: (SPECIFY TYPE OF INSTRUMENT)
GEORGE WHITTHORNE KELLY The premises herein is situated in
and MARIETTA vander MEER KELLY SUFFOLK COUNTY,NEW YORK.
TO In theTOWN of SOUTHOLD
RENAT V.LUMPAU,AS TRUSTEE of the TWO In the VILLAGE
TWENTY-EIGHT CHOCOMOUNT BEACH or HAMLET of FISHERS ISLAND
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
4" �
p S
R LPA A
Stat I D: 4080804 12-MAR-20
Tax Maps
District Secton Block Lot' School District
1000 00400 0700 002001
1000 00400 0700 003002
EASEMENT AGREEMENT
'r E ve,4e t 31101 ao y
EASEMENT AGREEMENT made this lftVday of September, 2010, between
George Whitthorne Kelly and Marietta vander Meer Kelly, both residing at 3205 Caves
Road, Owings Mills, Maryland 21117, party of the first part, and Renat V. Lumpau, as
Trustee of the Two Twenty-Eight Chocomount Beach Road Nominee Trust ultld
dated January 24, 2018, Two International Plaza, Boston, Massachusetts 02110, party
of the second part;
WHEREAS, the party of the first part is the owner in fee simple of a parcel
of land located at and designated as (no #) East Main Road, Fishers Island, Town of
Southold, County of Suffolk and State of New York (SCTM No. 1000-004.00-07.00'-
003.002),
000-004.00-07.00-003.002), more fully described in Schedule A attached hereto (hereinafter referred to as
Parcel 1); and
WHEREAS,the party of the second part is the owner in fee simple of a parcel
of land located at 228 Chocomount Beach Road, Fishers Island,Town of Southold, County
of Suffolk and State of New York (SCTM No. 1000-004.00-07.00-002.001), more fully
described in Schedule B attached hereto (hereinafter referred to as Parcel 2); and
WHEREAS, the party of the first part intends to grant an easement to the
party of the second part over a portion of the land described in Schedule A, said portion
of land for said easement more fully described on Schedule C attached hereto;
WITNESSETH :
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10) 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 unto the party
of the second part, their heirs, successors and/or assigns which shall come into title to said
Parcel 2, a permanent and perpetual easement that runs with the land over that portion of
Parcel 1 as set forth more fully in Schedule C hereto for the purpose of placement,
installation, maintenance, repair, inspection and replacement of water lines, and the party
of the second part, their heirs, successors and/or assigns shall restore the area to its
original condition after placement, installation, maintenance, repair, inspection and
replacement of such service utility, over the premises more particularly described in
Schedule A. The cost of installation, maintenance and repair of said water lines and of
restoration of the affected area shall be home solely by the party of the second part, their
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 (the DEPARTMENT").
The party of the first part, its successors and assigns, retains unto itself all
rights to fully enjoy its aforedescribed premises except for the purposes herein granted to
the party of the second part.
1
The aforementioned easement contained herein shall be enforceable by the
County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity
or at law. The failure of any agencies or departments 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 the heirs,
successors and/or assigns of all parties to this Agreement.
This grant of easement shall not be terminated or extinguished without the
prior written approval of the DEPARTMENT.
IN WITNESS WHEREOF, the parties have set their hands and seals as of
the day and year first above written.
Geor Mtthorne Kelly
Marietta vander Meer Kelly
kt OA�CG
enat V. L mpau, as Trustee of the Two Twenty-Eight
hocomount Beach Road Nominee Trust
2
CoLo2+4� a
STATE OF
ss..
COUNTY OF P-<dvcvL4
On the 7*'day of in the year 2019 before me, the undersigned,
personally appeared George Whitthorne Kelly and Marietta vander Meer Kelly personally
known to me or proved to me on the basis of satisfactory evidence to be the individuals
whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their capacities, and that by their signatures on the instrument, the
individuals, or the persons upon behalf of which the individuals acted, executed the
instrument, and that such individuals made such appearance before the undersigned in
aAlVe t- in the State of-MapfiafA, Coz-owL#i4 o
[insert municipality]
RONALD'A MOSES
Notary Public - State of Colo4031993 rado-
olary 10 a"Ei Sf:p 8,2020 -
Wes '
otary Publl_c
'ti"""� �• ma�e� q;,.�:.t i) 4 MOSES
Nola;. �' ,, ;. o► Colorado
+ „ 993
g, 2020
COMMONWEALTH OF MASSACHUSETTS)
ss':
COUNTY OFjt*�
}
aoaD
On the 29 day of in the year 20" before me, the undersigned,
personally appeai6d Renat V. Lumpau 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 the instrument, and that such individual made such appearance
before the undersigned in the City of Boston in the Commonwealth of Massachusetts.
-- JL"& 'q -
No ary Public V
,SHIRLEY A.NEWELL-M1
Notary Public-. -- _
Commonwealth of Massschusetts
My Commisslon Explres
March 21,2025
3
i5
Schedule A
to
Easement Agreement
Party of the First Part: George Whitthorne Kelly and Marietta vander Meer Kelly
Party of the Second Part: Renat V. Lumpau, as Trustee
Easement Agreement Dated: 7 , 2019
ALL that certain lot or parcel of land, with the buildings and improvements thereon, in the
Town of Southold, Suffolk County, State of New York, being a part of that portion of
Fishers Island lying Easterly of the following line, viz.:
BEGINNING at the southeasterly corner of land owned by the United States, known as the
Fort H.G. Wright Military Reserve, Mount Prospect Tract on the shore of Block Island
Sound or the Atlantic Ocean; and
RUNNING THENCE northerly following the east boundary of the said land of the United
States to the southerly line of East End Road (sometimes called Oriental Avenue) and
which point is to the northeasterly corner of land of the United States;
THENCE crossing the East End Road and following the same course as the last to the
shore of West Harbor or Fishers Island Sound, said lot or parcel of land being bounded
and described as follows:
BEGINNING at a stone monument set on the southerly line of East End Road, which
monument is 674.06 feet South of a point which is 399.50 feet West of another monument
marking the U.S. Coast and Geodetic Survey Triangulation Station"Chocomount 2"(which
said "Chocomount 2" monument is located on the summit of the highest hill on Fishers
Island, N.Y. about two and one-quarter miles West of the Eastern end of Fishers Island
and lies South 79 degrees 29 minutes 46 seconds East of North Dumpling Light in Fishers
Island Sound); and
RUNNING THENCE South 10 degrees 18 minutes 50 seconds West, 61.69 feet to a stake;
THENCE South 7 degrees 49 minutes 30 seconds West, 84.07 feet to a stake and land
now or formerly of Boocock;
THENCE along said land now or formerly of Boocock the following three (3) courses and
distances:
1. South 80 degrees 54 minutes 10 seconds West, 93.04 feet to a stake;
4
2. South 75 degrees 25 minutes 30 seconds West, 103.32 feet to a
stake; and
3. South 86 degrees 15 minutes 30 seconds West, 105.13 feet to a
stake marking a point of curve to the right whose radius is 1220.81
feet and the direction of whose radius at that point is North 40
degrees 36 minutes 30 seconds East;
THENCE northwesterly (following the arc of said curve), 100.03 feet to a stake marking a
point of curve to the right whose radius at that point is 182.94 feet and the direction of
whose radius at that point is North 45 degrees 18 minutes and 10 seconds East;
THENCE following the arc of said curve in a northerly direction, 140.50 feet to a stake;
THENCE North 0 degrees 41 minutes 40 seconds West, 22.59 feet to a stake marking a
point of curve to the right whose radius is 17.49 feet and the direction of whose radius at
that point is North 89 degrees 18 minutes 20 seconds East;
THENCE following the arc of said curve, 29.45 feet to a stake on the southerly side of the
aforesaid road; and
THENCE along the southerly side of said road South 84 degrees 12 minutes 20 seconds
East, 428.57 feet to the point or place of BEGINNING.
5
Schedule B
to
Easement Agreement
Party of the First Part: George Whitthorne Kelly and Marietta vander Meer Kelly
Party of the Second Part: Renat V. Lumpau, as Trustee
Easement Agreement Dated: 7 , 2019
All that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being at Fishers Island,Town of Southold, County of Suffolk and
State of New York, being more particularly bounded and described as follows:
BEGINNING at a monument which is located 918.27 feet South of a point which is 735.93
feet West of a stone monument marking the U.S. Coast and Geodetic Survey Triangulation
Station "Chocomount 2" (which said Chocomount 2 monument is located on the summit
of the highest hill on Fishers Island, New York, about two and one quarter miles West of
the Eastern End of Fishers Island and lies South 79 degrees 29 minutes 46 seconds East
of North Dumpling Light in Fishers Island Sound); and
RUNNING THENCE North 18 degrees 03 minutes 00 seconds East, 54.50 feet to a point;
THENCE North 86 degrees 15 minutes 30 seconds East, 105.13 feet to a point;
THENCE North 75 degrees 25 minutes 30 seconds East, 103.32 feet to a point;
THENCE North 80 degrees 54 minutes 10 seconds East, 93.04 feet to a point;
THENCE South 58 degrees 25 minutes 40 seconds East, 130.02 feet to a point;
THENCE South 62 degrees 12 minutes 00 seconds East, 165.69 feet to a point;
THENCE South 66 degrees 51 minutes 40 seconds East, 105.26 feet to a point;
THENCE South 05 degrees 48 minutes 30 seconds East, 179.72 feet to a point;
THENCE South 64 degrees 36 minutes 30 seconds West, 176.87 feet to a point;
THENCE South 82 degrees 22 minutes 30 seconds West, 144.50 feet to a point;
THENCE North 08 degrees 33 minutes 50 seconds West, 190.80 feet to a point.
THENCE North 84 degrees 35 minutes 50 seconds West, 250.20 feet to a point;
THENCE North 35 degrees 19 minutes 04 seconds West, 182.51 feet to the monument
set at the point or place of BEGINNING.
6
Schedule C
to
Easement A reenient
Party of the First Part: George Whitthorne Kelly and Marietta vander Meer Kelly
Party of the Second Part: Renat V. Lumpau, as Trustee
Easement Agreement Dated: Off reoOfA 7 , 2019
An easement for installation and maintenance of utilities, said easement being 5 feet in
width and extending Southerly from East End Road to property formerly of Boocock. The
easterly line of said easement being along the easterly boundary of land now or formerly
of Kelly and described as follows:
BEGINNING at a monument set in the Southerly line of East End Road, said monument
being located 399.50 feet West of a point which is 674.06 feet South of another monument
marking the United States Coast and Geodetic Survey Triangulation Station"Chocomount
2"; and
THENCE RUNNING South 109 18' 50" West 61.69 feet to a point;
THENCE South 07"49'30"West 84.07 feet to the Northerly boundaryof said land formerly
of Boocock.
7