HomeMy WebLinkAboutL 13130 P 437 l l l l i l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l
I I I I I I I I I I 1111 I l l i
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 11/19/2021
Number of Pages : 24 At: 02 : 15 :24 PM
Receipt Number : 21-0199350
TRANSFER TAX NUMBER: 21-13443 LIBER: D00013130
PAGE : 437
District: Section: Block: Lot:
1000 008 . 00 01 .00 006 .010
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $100 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $120 . 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 $600 . 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $770 . 00
TRANSFER TAX NUMBER: 21-13443
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
as
Number of pages nQ RECORDED 2021 Noir 19 12:15:24 FM
JUDITH P, PASCALE
CLERK OF
This document will be public SUFFOLK COUNTS'
record.Please remove all L DOOID13130
Social Security Numbers P 437
DT# 21-13443
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee • Mortgage Amt.
1.Basic Tax
Handling 20. 00
( \ 2. Additional Tax
TP-584(xal �o c� Sub Total
Notation` Spec./Assit.
or
EA-52 17(County) Sub Total C) Spec./Add.
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A(+ADual Town Dual County _
Held for Appointment
Comm,of Ed. 5. 00 Transfer Tax Im
Affidavit _
Mansion Tax
R
The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00lO family dwelling only.
Sub Total• o°C� YES or NO
Other
Grand Total If NO, see appropriate tax clause on
page# of this instrument.
Is-ag- aoa
4 Dist. 11��14 4632622 5 Community Preservation Fund
Real Propert1y000 RpSM1 A Illpl U111 Consideration Amount$
Tax Service A1IIIWW m
Agency 17-SEP-21 CPF Tax Due 5
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
STEPHEN L.HAM,II[,ESQ.
TD WOO
MATTHEWS&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 I (Z
www.suffolkcountyny.gov/clerk Title# J�
S Suffolk County Recording & Endorsement Page
This page forms part of the attached EASEMENT AGREEMENT made
by: (SPECIFYTYPE OF INSTRUMENT)
FISHERS ISLAND ASSOCIATES,L.P.and The premises herein is situated in
ROBERT J.MILLER&ADRIENNE A.MILLER SUFFOLK COUNTY,NEW YORK.
TO In theTOWN of SOUTHOLD
ROBERT J.MILLER&ADRIENNE A.MILLER In the VILLAGE
and FISHERS ISLAND ASSOCIATES L.P. or HAMLET of FISHERS ISLAND
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
• �. over
P. T -S
R snnl' �;
Stat I D: 4632622 17-SEP-21
Tax Maps
District Secton Block Lot School District
1000 00800 0100 006006 FISHERS ISLAND
1000 00800 0100 006007 FISHERS ISLAND
1000 00800 0100 006010
ti
r
EASEMENT AGREEMENT
N
THIS EASEMENT AGREEMENT is made the 5r day of May, 2021 by and between
FISHERS ISLAND ASSOCIATES, L. P., 2375 North 1050 East, Hartsville, Indiana 47244 (herein
referred to as "Rentschler)", and ROBERT J. MILLER and ADRIENNE A. MILLER, 15 Mayflower
Parkway, Westport, Connecticut 06880 (herein referred to collectively as "Miller");
WITNESSETH:
WHEREAS , Rentschler is the owner in fee of two parcels of real property situate at 2945
Middle Farm Road, Fishers Island, Town of Southold, County of Suffolk and State of New York
(SCTM Nos. 1000-008.00-01.00-006.006 & 006.007), having acquired title to such parcels by deeds
recorded in the Office of the Suffolk County Clerk on January 19, 1999 in Liber 11940 at page 158 and
Liber 11940 page 142, respectively, said parcels being more particularly bounded and described as set
forth on Schedule A hereto (hereinafter the "Rentschler Parcels") ; and
WHEREAS, Miller is the owner in fee of a parcel of real property situate at 2348 Middle Farm
Road, Fishers Island, Town of Southold, County of Suffolk and State of New York (SCTM No. 1000-
008.00-01.00-006.010), having acquired title to such parcel in separate increments by deeds recorded
in the Office of the Suffolk County Clerk on February 17, 2017 in Liber 12901 page 124 and on
December 21,2017 in Liber 12943 page 304,respectively, such parcel being more particularly bounded
and described as set forth on Schedule B hereto (hereinafter, the "Miller Parcel"); and
WHEREAS, a portion of the Miller Parcel is currently subject to a water line easement in favor
of the Rentschler Parcels over the area more particularly described on Schedule C hereto(the"Existing
Easement") and the parties desire to relocate the Existing Easement to another portion of the Miller
Parcel over the area more particularly described as set forth on Schedule D hereto (the "New
Easement") and to broaden the purpose of the Existing Easement to include other utilities;
NOW,THEREFORE,in consideration of the mutual covenants and agreements set forth herein,
the parties hereto do hereby agree as follows:
1. Rentschler, for itself and its successors and assigns, acknowledges and agrees that the
Existing Easement, to the extent located on the Miller Parcel and to the extent located on any other
parcels owned by Robert J. Miller or Adrienne A. Miller, is hereby terminated and that, from and after
the date hereof, there shall be no rights or benefits over the area of the Existing Easement in favor of
the Rentschler Parcels and any and all rights previously granted or reserved with respect thereto shall
be void and of no further force or effect.
2. Miller hereby grants and releases unto Rentschler and its successors and assigns, a
permanent easement upon, across, over and/or under the New Easement area described on Schedule D
hereto (survey to be provided) for the use, construction, operation, maintenance, repair, improvement
and replacement of water pipes, electrical power and telephone lines, communication cables, conduits
and any other ancillary utility equipment or devices of any nature that may now or may hereafter be
employed to provide utility services to the Rentschler Parcels,provided that all such pipes, lines,cables,
conduits and other utility equipment and devices are kept underground.
US.132134899.02
3. Subject to the remaining provisions of this Section 3, the grant of permanent easement
set forth in Section 2 above shall include the right of Rentschler and its contractors, agents, servants
and employees to enter upon the New Easement area to undertake any actions consistent with the
purposes for which such easement is granted, including but not limited to any necessary excavation or
trenching and removal of any natural or artificial features that might interfere with the continuity of
any utility service to the Rentschler Parcels and the repair,maintenance and replacement of such utility
facilities. Furthermore, in the case of any disturbance to the Miller Parcel resulting from the exercise
of such right, the party of the first part shall be obligated to restore the area so disturbed as nearly as
practicable to its condition existing prior to the disturbance.
4. Miller hereby grants to Rentschler, and Rentschler shall be entitled to the benefits of a
"New User" with respect to the "Water Line Facilities" as described in that certain Water Line
Easement and Agreement, dated August 27, 1992, by and between Fishers Island Development
Corporation and Miller, which Agreement was recorded in the Office of the Suffolk County Clerk on
November 2, 1992 in Liber 11565 page 20 attached hereto as Schedule E(the "Water Line Easement").
Rentschler's use of the Water Line Easement is subject to the terms thereof. Miller hereby waives the
payment by Rentschler of any connection charge. Miller further agrees that the approval of Rentschler's
plans and specifications for the New Water Line Facility, as defined in the Water Line Easement, shall
not be unreasonably withheld. Miller further agrees that the Rentschler's contribution to the cost of
the maintenance, repair, replacement and protection of the part of the Water Line Facility used jointly
by Rentschler, Miller and any other owner, to the extent the same are not the obligation of the Grantor
under the Water Line Easement, shall be shared equally by all users of the Water Line Facility. All
costs related to any part of the Water Line Facility used exclusively by either Miller, Rentschler or any
other owner, including, the New Water Line Facility, shall be paid by the party benefitting thereby.
Miller and Rentschler shall also be responsible for repairing any change to the Water Line Facilities
caused by their negligence, intentional misconduct or misuse of the same. Miller further grants
Rentschler the right to enforce all remedies against the Grantor under the Water Line Easement which
are available to Miller, and Miller and Rentschler agree to cooperate with regard to the enforcement of
such remedies, acting reasonably and in good faith; provided, however, that Miller shall not be
obligated to join in pursuing any remedy and or to share the cost of pursuing any remedy if he declines
to join in pursuing it. Miller agrees to use good faith efforts to provide copies of any notice which
Miller receives under the Water Line Easement to Rentschler.
5. The provisions of this Easement Agreement shall run with the land and be binding upon
and inure to the benefit of the respective successors and assigns of the Rentschler Parcels and the Miller
Parcel and the respective heirs, personal representatives, successor and assigns of Rentschler and
Miller.
2
US.132134899.02
IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the day
and year first above written.
FISHERS ISLAND ASSOCIATES, L. P.
By Fishers Island 2, LLC, General Partner
By
Suzanne S entsc Ler, Chief Operating Officer
kA—.a
Robert J. iller
,- I U(�'.
1,
Adrienne A. Miller
STATE OF INDIANA }
ss.:
COUNTY OF,80-x c� 3
On the,?6 Mday of May in the year 2021 before me,the undersigned, personally appeared Suzanne S.
Rentschler 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 she
executed the same in her capacity and that by her signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the instrument.
/ C"'('
PRY PG CORINNE WOERNER,Notary Public k
esl
o �r llarftlo w County,State of Indiana (signature and office of individual taking acknowledgment)
*SEAL* Commisslmi Number NP0732633 Notary Public
�n'DIR�P My Commission Expires March 28,.2029
STATE OF CONNECTICUT )
ss..
COUNTY OF hA11 f a )
On the ;�2,A6day of May in the year 2021 before me, the undersigned, personally appeared Robert J.
Miller and Adrienne A. Miller 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 person upon behalf of which the individuals acted, executed the instrtnnent.
(signature and office of individual taking acknowledgment)
Notary Public
CONNIE M.1 ALXMqS }'N
NOTARYPURLXC ?i
MY flOMMISSION EVIRES OCT 31,2W21
3
US.132134899.02
Schedule A
to
Easement Agreement
Party of the First Part: FISHERS ISLAND ASSOCIATES, L. P.
Party of the Second Part: Robert J. Miller and Adrienne A. Miller
Agreement Dated: May 7-6 , 2021
All those certain plots, pieces or parcels of land, situate, lying and being at Fishers Island,
Town of S hold, County of Suffolk and State of New York, being more particularly
bounded and described as follows:
SCTM No. 1000-008.00-01.00-006.006
BEGINNING at an iron pipe set at the most westerly corner of the herein described tract,
said iron pipe being located 2489.98 feet North of a point which is 3523.69 feet East of a
monument marking the United States Coast&Geodetic Survey Triangulation Station"NIN";
and
RUNNING THENCE South 68 degrees 04 minutes 36 seconds East, 176.41 feet to a
monument;.
THENCE South 47 degrees 47 minutes 56 seconds East, 165.93 feet to a drill hole;
THENCE South 40 degrees 14 minutes 23 seconds East, 251.22 feet to the shore of Block
Island Sound;
THENCE North 50 degrees 36 minutes 40 seconds East, 399.04 feet along said shore line
to a point;
THENCE North 46 degrees 56 minutes 00 seconds East, 83.67 feet along said shore line
to a point;
THENCE North 44 degrees 35 minutes 40 seconds West, 92.67 feet to a point;
THENCE South 61 degrees 28 minutes 55 seconds West, 13.39 feet to a point;
THENCE North 83 degrees 53 minutes 39 seconds West, 10.86 feet to a point;
THENCE South 85 degrees 19 minutes 33 seconds West, 69.54 feet to a point;
THENCE North 80 degrees 25 minutes 57 seconds West, 519.00 feet to an iron pipe;
4
THENCE South 61 degrees 05 minutes 00 seconds West, 171.00 feet to the iron pipe set
at the point of BEGINNING.
SCTM No. 1000-008.00-01.00-006.007
BEGINNING at an iron pipe set on the westerly line of the hereinafter described parcel at
the southwest corner thereof, said iron pipe being located 2572.66 feet North of a point
which is 3673.37 feet East of a monument marking the United States Coast & Geodetic
Survey Triangulation Station "NIN"; and
RUNNING THENCE North 61 degrees 05 minutes 00 seconds East, 232.28 feet to an iron
pipe;
THENCE North 67 degrees 45 minutes 00 seconds East, 146.60 feet to a drill hole;
THENCE South 79 degrees 01 minute 00 seconds East, 118.80 feet to a point;
THENCE North 67 degrees 54 minutes 00 seconds East, 90.07 feet to a point;
THENCE South 83 degrees 36 minutes 00 seconds East, 64.35 feet to a point;
THENCE South 59 degrees 33 minutes 00 seconds East, 70.37 feet to a point;
THENCE South 13 degrees 35 minutes 00 seconds East, 236.90 feet to a point at the
shore of Block Island Sound;
THENCE South 46 degrees 56 minutes 00 seconds West, 69.29 feet along said shore line
to a point;
THENCE North 44 degrees 35 minutes 40 seconds West, 92.67 feet to a point;
THENCE South 61 degrees 28 minutes 55 seconds West, 13.39 feet to a point;
THENCE North 83 degrees 53 minutes 39 seconds West, 10.86 feet to a point;
THENCE South 85 degrees 19 minutes 33 seconds West, 69.54 feet to a point;
THENCE North 80 degrees 25 minutes 57 seconds West, 519.00 feet to the iron pipe set
at the point of BEGINNING.
5
1
Schedule B
to
Easement Agreement
Party of the First Part: FISHERS ISLAND ASSOCIATES, L. P.
Party of the Second Part: Robert J. Miller and Adrienne A. Miller
Agreement Dated: May 2'6 , 2021
All that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town
of Southold, County of Suffolk and State of New York, being more particularly bounded and
desc ber d as follows:
BEGINNING at a monument which is located 2193.16 feet North of a point which is 3423.13
feet East of a monument marking the United States Coast&Geodetic Survey Triangulation
Station "NIN"; and
RUNNING THENCE South 49 degrees 04 minutes 00 seconds West, 82.29 feet to a
monument at a point of curve to the left having a radius of 23.06 feet and the direction of
whose radius at that point is South 40 degrees 56 minutes 00 seconds East;
THENCE southwardly following the arc of said curve, 36.17 feet to a point;
THENCE South 49 degrees 12 minutes 20 seconds West, 40.00 feet to a point;
THENCE North 40 degrees 47 minutes 40 seconds West, 8.85 feet to a point;
THENCE the following three tie line courses and distances along the average high water
line of Beach Pond:
(1) South 53 degrees 41 minutes 30 seconds West, 52.64 feet;
(2) South 75 degrees 38 minutes 30 seconds West, 129.03 feet; and
(3) South 26 degrees 08 minutes 00 seconds West, 241.21 feet;
THENCE North 11 degrees 02 minutes 00 seconds West, 436.48 feet to a point of curve
to the right having a radius of 170.26 feet and the direction of whose radius at that point is
South 27 degrees 32 minutes 10 seconds East;
THENCE eastwardly following the arc of said curve, 164.78 feet to a monument;
THENCE South 62 degrees 05 minutes 00 seconds East, 83,65 feet to a point of curve to
the right having a radius of 341.80 feet and the direction of whose radius at that point is
6
South 27 degrees 55 minutes 00 seconds West;
THENCE southeastwardly following the arc of said curve, 127.00 feet to a point;
THENCE North 02 degrees 46 minutes 36 seconds West, about 465 feet to the shore of
Middle Farms Pond;
THENCE following the meanders of said shore line in a southeasterly and northeasterly
direction, about 350 feet to a point;
THENCE South 55 degrees 21 minutes 42 seconds West, 80 feet, more or less, to a point;
THENCE South 34 degrees 38 minutes 18 seconds West, 115.00 feet to a drill hole;
THENCE South 23 degrees 23 minutes 48 seconds East, 13.22 feet to a point;
THENCE South 61 degrees 05 minutes 00 seconds West, 64.83 feet to an iron pipe;
THENCE South 68 degrees 04 minutes 36 seconds East, 176.41 feet to a monument;
THENCE South 66 degrees 19 minutes 40 seconds West, 30.79 feet to a point;
THENCE South 57 degrees 17 minutes 02 seconds West, 48.55 feet to a point;
THENCE South 51 degrees 33 minutes 33 seconds West, 15.77 feet to a point;
THENCE South 44 degrees 18 minutes 46 seconds West, 60.63 feet to a point;
THENCE South 47 degrees 58 minutes 55 seconds West, 62.45 feet to a point;
THENCE South 44 degrees 06 minutes 17 seconds West, 73.58 feet to a point;
THENCE South 55 degrees 21 minutes 43 seconds West, 19.33 feet to a point;
THENCE South 64 degrees 34 minutes 20 seconds West, 20.58 feet to an iron rod;
THENCE South 18 degrees 43 minutes 00 seconds West, 26.08 feet to the monument set
at the point or place of BEGINNING.
7
Schedule C
to
Easement Agreement
Party of the First Part: FISHERS ISLAND ASSOCIATES, L. P.
Party of the Second Part: Robert J. Miller and Adrienne A. Miller
Agreement Dated: May Z6, 2021
All that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town_
of Southold, County of Suffolk and State of New York, being the existing ten-foot wide water
line easement extending southwesterly and northwesterly from the northwesterly boundary
of land owned by Fishers Island Associates, L. P. to a point near the southeasterly line of
East Main Road, the center line of said easement bei.ng described as follows:
BEGINNING at a point in the northeasterly boundary of land owned by Fishers island
Associates, L. P., said point being 3542.72 feet East of a point which is 2500.42 feet North
of a monument marking the United States Coast and Geodetic Survey Triangulation "NIN";
and
RUNNING THENCE South 80° 33' 00" West, 79.90 feet to a point;
THENCE North 69° 17'00"West, 1885.30 feet to a point near the southeasterly line of East
Main Road.
8
Schedule D
to
Easement Agreement
Party of the First Part: FISHERS ISLAND ASSOCIATES, L. P.
Party of the Second Part: Robert J. Miller and Adrienne A. Miller
Agreement Dated: May 2$ , 2021
All that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town
of Southold, County of Suffolk and State of New York, being a ten-foot wide easement for
installation and maintenance of utilities extending southerly, westerly and northwesterly
from the southerly boundary line of land owned by Fishers Island Associates, L. P. to the
existing water line located on land of Robert J. Miller,the centerline of said easement being
described as follows:
BEGINNING at a point in the southerly boundary line of property owned by Fishers Island
Associates, L.P., said point being 3641.48 feet East of a point which is 2442.57 feet North
of a monument marking the United States Coast and Geodetic Survey Triangulation "NIN";
and
RUNNING THENCE South 44' 38' 03" West, 305.32 feet to a point;
THENCE South 62° 46' 47" West, 51.08 feet to a point;
THENCE South 70' 09' 19"West, 34.75 feet to a point of curve to the right having a radius
of 44.18 feet and the direction of whose radius at that point is North 19° 50' 41" West;
THENCE westwardly and northwesterly following the arc of said curve, 78.30 feet to a point;
THENCE North 08° 18' 18" West, 116.90 feet to a point at the existing water line.
9
SCHEDULE E TO EASEMENT AGREEMENT-
?C)1011 -
11565PC201 :. E, 'ED
RRFA[. ESTATE
NnV 2
WATER LINE EASEMENT AND AGREEMENT TRANSFER ?AX
SUFFDLK
�JUNrY
KNOW ALL MEN BY THESE PRESENTS, that FISHERS ISLAND
DEVELOPMENT CORPORATION, a New York corporation with its office
on Equestrian Avenue, Fishers Island, New York ("Grantor" ) , for
,'•.,,��►°'+ the consideration of ONE DOLLAR ($1 . 00) and other good and
valuable consideration received to its full satisfaction and in
consideration of the covenants and undertakings set forth herein,
5v does give, grant, bargain, sell and confirm unto ROBERT J.
MILLER and ADRIENNE A. MILLER, both of 15 Farrell Road, Weston,
Connecticut 06883 (collectively "Grantees" ) , their heirs and
assigns, for the benefit of the property of Grantees described on
Schedule A attached hereto and made a part hereof (the "Benefited
Parcels") , an easement fifteen feet in width to use, maintain,
operate, repair and replace the existing water line installed by
Grantees at their sole expense and all facilities and
appurtenances thereto (the "Water Line Facilities" ) , which water
Line Facilities are situated in and to the east of the Main Road
to the East End, Fishers Island, County of Suffolk, and State of
,
New York, with the center line of the Water Line Facilities being
fescribed on Schedule B attached hereto -and made a part hereof .
TOGETHER WITH the right to enter upon the Water Line
Facilities and to excavate therein in connection with the
easement rights set forth herein. Grantees shall have the
11565P6202
-2-
further right to cut such trees and bushes within the Water Line
Facilities necessary for the enjoyment of their. Easement, and to
pass and re-pass on the Water Line Facilities and other
adjoining land' of Grantor with men, vehicles and equipment and to
perform other work, as may be necessary for the construction,
maintenance, inspection, use, operation, repair, replacement and
protection of the Water Line Facilities.
This water Line Easement and Agreement shall be binding
upon, inure to the benefit of, and create reciprocal rights and
obligations between the parties hereto, their successors, heirs
and assigns , and the easement granted hereby and the agreements
and obligations set forth herein shall run with the Benefited
Parcels:
Grantees, by the acceptance of the easement hereinabove
described, and Grantor agree for themselves and their heirs,
successors and assigns as follows:
1. Grantor shall have the right, which Grantor hereby
reserves to itself, its successors and assigns forever, to
continue to use the premises on which the Water Line Facilities
are located for any reasonable uses and. purposes which shall not
unreasonably interfere with the use of the Water Line Facilities
by Grantees, their heirs and assigns, for the intended purposes.
11565PGodu
--3-
2. Grantees shall have the right to grant permission to
other individuals (the "New User" or "New Users") to connect
into, extend and use the Water Line Facilities (the Water Line
Facilities together with such connections and extensions are the
"New Water Line Facilities" ) provided the following requirements
are complied with each time such permission is granted (i) the
New User submits to Grantees and Grantor plans and specifications
for the New Water Line Facilities which are satisfactory to both
Grantees and Grantor, and obtains the approval of such from both
Grantees and Grantor in writing; (ii) such connection and .
extension shall be done in such a manner so as to not interfere
or interrupt with Grantees ' water use and with their use of the
Water Line Facilities ; and (iii) prior to such connection,
extension or use, the New User shall pay to Grantees such
compensation as Grantees in their sole discretion shall determine
(the "Connection Charge" ) and commit to contribute towards the
. cost of the maintenance, repair, replacement and protection of
the Water Line Facilities, in such amounts and on such basis as
Grantees shall determine in their sole discretion. The
Connection Charge shall be paid by each New User to Grantees
prior to the commencement of the construction for the connection
and extension of the New Water Line Facilities . The cost of the
new connections and extensions and the maintenance, repair and
li565p6204
-4-
operation of such would be paid solely by the New User or New
Users.
3 . Any damage or change to the Water Line Facilities or
other property of Grantor which shall be caused in the exercise
of the rights granted herein shall be corrected to a condition
substantially equal to that which existed immediately prior to
the time of such damage or change.
4. Should Grantor fail to maintain the Water Line
Facilities in good repair, then Grantees shall have the right,
but not the obligation, upon thirty (30) days' prior written
notice to Grantor, to maintain and/or repair the Water Line
Facilities and Grantor shall reimburse Grantees for all
reasonable costs incurred in connection therewith.
5 . Notwithstanding the foregoing, in the case of an
emergency Grantees shall have the right without notice to Grantor
(which shall be given as soon as is reasonably possible) to
correct any condition, or perform necessary maintenance and
repairs to keep the Water Line Facilities in good repair, and
Grantor shall reimburse Grantees for all reasonable costs
incurred in connection therewith.
11565Pu205
--5-
6. Any notices hereunder shall be in writing and delivered
to each party hereto at the address specified below, either in
person or by certified mail, return receipt requested, in which
event such notice shall be deemed delivered on the third business
day following deposit of such notice for delivery, or by
overnight courier, in which event such notice shall be deemed
delivered on the next business day following deposit of such
notice for delivery. The addresses of the parties for notice are
as follows:
To Grantor:
Fishers Island Utility Company
Drawer E
Fishers Island, New York 06390
Attention: Manager
To Grantees•
Robert J. and Adrienne A. Miller
1.5 Farrell Road
Weston, Connecticut 06883
Any party may from time to time change its address by
written notice to the other in accordance with this paragraph.
7 . This Water Line Easement and Agreement embodies the
entire agreement of the parties with respect to the matters set
forth herein, and any prior agreements or writings between the
parties hereto with respect to such matters shall have no further
force of effect.
11565P'2U6
-6-
.TO HAVE AND TO HOLD the above granted rights, privileges and
easement unto Grantees and their heirs and assigns forever, to
their and their own proper use and behoof, but subject to the
reservations and agreements hereinabove .expressly set forth.
IN WITNESS WHEREOF, Grantor and Grantees have hereunto
set or caused to be set their respective hanbs this ,)77-1-day of
nn Jakr, 1992.
Witnesses : FISHERS ISLAND DEVELOPMENT
CORP TION
/ r
I t s
ROBERT MILLER
ADRIENNE A. MILLER
-7-
STATE OF NEW YORK )
ss . .
COUNTY OF SUFFOLK )
�j'L ,d44�•sr,
On the 2 ay of may, 1992, before me personally
appeared 0 6mm TL. , to me known, wrYLQ, beingb me duly
sw rn, did depose and stiy that he resides at ,wtat r4��►
W -LIQ- ; that he is the -WI&uA&Ec-- of FI HERS
ISLAM DEVELOPMENT CORPORATION, the corporation described in and
which executed the foregoing instrument; that he knows the seal
of said corporation; that the seal affixed to said instrument is
such corporate seal; that it was so affixed by order of the board
of directors of said corporation and that he signed his name
thereto by like order.
Notary Public EILEEN G. WALL
NOTARY PUBLIC, NEW YORK STATE
NO. OIWA9509185
QUALIFIED IN SUFFOLK COUNTY
STATE OF CONNECTICUT ) TERM EXPIRES OCTOBER 31. 1097_—
ss.
992ss.
COUNTY OF FAIRFIELD )
Aw��
On the l _ day of July, 1992, before me personally came
ROBERT J. MILLER and ADRIENNE A. MILLER, to me known to be the
individuals described in and who executed the foregoing
instrument, and acknowledged that they executed the same.
Notary Public,
PHYLLIS A.ZYGMONT
1407ARY PUBLIC
IViY MWISS N EXPIRES 11114 AIS*
SCHEDULE A
' 2PACT: 11565P6"208
A certain tract or parcel of land located at Fishers Island, Town
of Southold, County of Suffolk and State of New York, being bounded
and described as follows :
Beginning at a point on the Easterly side of a proposed road, said
point being 3235.35 feet North of a point which is 2602. 39 feet
East of a monument marking the United States Coast and Geodetic
Survey Triangulation Station "NIN' , and thence running North 65' 19'
16' East about 76 feet to the shore of Middle Farm Pond; thence
following the meanders of said shore line. in a Southeasterly and
Northeasterly direction about 525 feet; thence following said
meanders Southeasterly about 142 feet; thence following said meanders
Southwesterly about 115 feet; thence South 66. 51' 17' West about
250 feet; thence North 84. 24 ' 11" West 223. 32 feet to an iron pipe;
thence continuing North 84. 24 ' 11" West 110.00 feet to a point;
thence North 19' 39' 23' West 276.00 feet to a point; thence North
65' 19' 16" East 140:00 feet to the point of beginning.
Containing 3.85 acres, more or less.
XOTUTX D. 2
A certain tract or parcel of land located at Fishers Island, Town
of Southold, County of Suffolk and State of New York, being bounded
and described as follows :
Beginning at a point on the Northwesterly line of land of Cushman,
said point being located 2628.07 feet North of a point which is
3540.56 feet East of a monument marking the United States Coast and
Geodetic Survey Triangulation Station "NIN' and running thence North
55. 21' 42' West about 60 fee to the shore of Middle Farms Pond;
narw r lw at. r=th, west, tt and east
thence following the meanders/ of said shore line about mi,
thence South 3. 15' 27' East about 436.4 feet to an iron pipe;
thence South 34' 38' 18' West 174.32 feet to the point of beginning.
Oantaining 3.52 ate, more ar less,
2 -
THIRD 'TRACT: 11565 6249
LOT No. • 3
A certain tract or parcel of land located at Fishers Island, Town
of Southold, County of Suffolk and State of New York, being bounded
and described as follows:
Beginning at an iron pipe which is located 2521.32 feet North of
a point which is 3580.44 feet East of a monument marking the United
States Coast and Geodetic Survey Triangulation Station "NIN" and
running thence South 61' 05 ' 00" West 64 .83 feet; thence South 18'
43' 00" West 313.39 feet to a monument; thence South 49. 04 ' 00"
West 82.29 feet to a monument at a point of curve to the left hav-
ing a radius of 23 .06 feet and the direction of whose radius at
that point is South 40. 56 ' 00" East; thence Southwardly following
the arc of said curve for a distance of 36 .17 feet; thence South
49. 12' 20" West 40. 00 feet ; thence North" 406 47' 40" West 48. 85
feet; thence North 02. 46' 36" West about 465 feet to the shore of
Middle Farms Pond; thence following the meanders of said shore line
in a Southeasterly Pnd Northeasterly direction about 350 feet;
thence South 550 21' 42" West about 80 feet;
thence South 340 38 ' 18" West 115 feet to a drill hole; thence
South 230 23' 48" East 13.22 feet to the point of beginning.
Containing 2. 03 acres, more or less.
FOURTH TRACT:
A certain tract or parcel of land located at Fishers Island, Town
Of Southold, County of Suffolk and State of New York, being bounded
and described as follows :
Beginning at a point on the Southwesterly line of a proposed road,
said point being located 2235.54 feet North of 'a point which is
. 3123.71 feet East of a monument marking the United States Coast and
"Geodetic Survey Triangulation Station 'NIN" and thence running
South 62' 05' 00" East 83.65 feet to a point of curve to the right
i
11565K210 = 3 -
whose radius is 341.80 -feet and the direction of whose radius at
that point is South 27' 55' 000 'West; thence running Southeastward-
ly following the arc of said curve, 127.00 feet ; thence North 2' 46'
36" West about 465 feet to the shore of Middle Farms Fond; thence
running Northwesterly following the meanders of said shore line
about 700 feet; thence North 8V 24 ' 11" West/ 3°v feet to an iron
pipe; thence South 23' 14 ' 22" East 729. 36 feet to an iron pipe on
said aforementioned road line at a point of curve to the right
having a radius of 170.26 feet and the direction of whose radius
at that point is South 27' 32 ' 10" East; thence Southeastwardly
along said road line, following the arc of said curve 164 .78 feet
to the point of beginning.
Containing 5.60 acres , more or less .
TRACT THREE
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 set on the Southwesterly line or side of a
Private road which monument is 2235.54 feet North of a point which
is 3123 .71 feet East of U.S. Coast and Geodetic Survey
Triangulation Station "NIN°f;
RUNNING THENCE from said point of beginning along the
southwesterly line or side of said private road the following
three courses and distances:
I. South 62 degrees 05 minutes 00 seconds East 83.65 feet;
2. Thence on the arc of a curve to the right whose radius is
341-80 feet and whose chord is South 27 degrees 55 minutes oo
seconds West a distance of 127.00 feet to a point; and
3. South 40 degrees 47 minutes 40 seconds East 40.00 feet to a
point;
THENCE departing from the southwesterly side of said private road
the following three tie lines along the average high water line of
Beach Pond the following three courses and distances:
I. South 33 degrees 42 minutes 30 seconds Kest 52.64 feet;
2. South 75 degrees 38 minutes '30 seconds nest 129.03 feet, and;
3. South 26 degrees 08 minutes 00 seconds West 241.21 feet to a
point;
I
4 `
11565 `211
RUNNING THENCE North 11 degrees 02 minutes 00 seconds West 436.46
feet to the southerly line or side of said private road, and;
RUNNING THENCE on the arc of a curve to the right with a radius of
170.26 feet and whose chord is South 27 degrees 32 minutes 10•
seconds East a distance of 164.78 feet to ,the monument set at the
point or place of BEGINNING.
Togetber with all right, title and interest of, in and to any
streets and roads abutting the above described premises.
HrF�
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11565PE212
SCHEDULE B
(EASEMENT FISHERS ISLAND DEVELOPMENT COMPANY
to Robert J. Miller)
BEGINNING at a point on the westerly side of the Main Road to the
East End at the existing water main, said point being located
2790 . 17 feet north of a point which is 1536. 64 feet east of a
monument marking the United States Coast and Geodetic Survey
Triangulation Station "NIN" and thence running S 650 05 ' 47" E
162. 43 feet to a point; thence S 410 26' 14" E 111.44 feet to a
point of curve to the left having a radius of 296.29 feet and in
the direction of whose radius at that paint is N 480 33 ' 46" E;
thence running southeastwardly following the arc of said curve
174.75 feet to a point; thence S 750 13 ' 50" E 288. 92 feet to a
point; thence S 810 02 ' 10" about 720 feet to a point on the
dividing line between land of Grantor and Grantees .
tr,I
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COORDINATE DISTANCLS AQE
MEASURED FROM U.S. COASY I GEODETIC
SURVEY TRIANGULATION STATION "NIN-
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PROPOSED WATER LINE R16HT OP WAY
PREPARED FOR
If)a CRA WC SCALE IN I
FEET LLER
MIDDLE FARM5
1 F15HERS ISLAND, NEW YORK
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"OYn REVISIONS +` — CH^"OI ER• PALMER Ae KING
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DATE DESCRIPTION
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CATE MARCH 23, 1992
SCALE:V - 100'
SHEET 1 AF 1