HomeMy WebLinkAboutL 13146 P 235 SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 03/08/2022
Number of Pages : 8 At: 04 : 38 :28 PM
Receipt Number : 22-0039392
TRANSFER TAX NUMBER: 21-26592 LIBER: D00013146
PAGE : 235
District: Section: Block: Lot:
1000 008 .00 01 .00 006. 008
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 .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 $10 . 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 $500 . 00
TRANSFER TAX NUMBER: 21-26592
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
❑I E
Number of pages RECORDED
2022 Mar OS 04:38:22 PM
JUDITH A. PASCALE
This document will be public r CLERK OF
�UFFOLI. COUNTY
record.Please remove all L D00013146
Social Security Numbers P 235
prior to recording. DT# 21-26592
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee Mortgage Amt.
1.Basic Tax
Handling 1 20. 00 2. Additional Tax
Sub Total
Notation
` Spec./Assit.
, or
EA-52 17(County) ____ Sub Total' Spec./Add.
EA-5 7(S a ) TOT.MTG.TAX
R.P .S.A —J� ,vv Dual Town Dual County
/ Weld for Appointment
6--
Comm.6(f d. S. 00 Transfer Tax
Affidavit + + Mansion Tax
ertified Cop The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00 Sub Total family dwelling only.
Other .,.,
YES or NO
Grand Total If NO, see appropriate lox clause on
page# of thi ' tr m t.
4 Dist. 100( 4791747 5 Community Presery tion Fun
Real Property P T S Consideration Amount$
Tax Service R SMI A
6.4
Agency 02-MAR- CPF Tax Due $
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
STEPHEN L.HAM,III,ESQ. TD
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 07 CT
www.suffo[kcodntyny.gov/clerk Title# COU S —
8 Suffolk Counq Recording & Endorsement Page
This page forms part of the attached WATER LINE AGREEMENT made
by: (SPECIFY TYPE OF INSTRUMENT)
ROBERT J,.MILLER&ADRIENNE A.MILLER The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of SOUTHOLD
PETER R.BRINCKERHOFF AS TRUSTEE In the VILLAGE
and SUSAN C. BRINCKERHOFF AS TRUSTEE or HAMI_ETof FISHERS ISLAND
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
p7
Stat ID: 4791747 02-MAR-22
Tax Maps
District Secton Block Lot School District
1000 00800 0100 006008
1000 00800 0100 006010
THIS AGREEMENT is made the 24ay of July, 2021 by and between PETER R.
BRINCKERHOFF, as Trustee of the Peter R. Brinckerhoff Qualified Personal Residence Trust
dated 4-5-201.2, 291 Sabal Palm Lane, Vero Beach, Florida 32963, and -SUSAN C.
BRINCKERHOFF, as Trustee of the Susan C. Brinekerhoff Qualified Personal Residence Trust
dated 4-5-2012, 291 Sabal Palm Lane, Vero Beach, Florida 32963 (herein referred to collectively
as "Brinkerhoff") , and ROBERT J. MILLER and ADRIENNE A. MILLER, 15 Mayflower
Parkway, Westport, Connecticut 06880 (herein referred to collectively as "Miller");
WITNESSETH:
WHEREAS , Brinkerhoff is the owner in fee of a parcel of real property situate at 2851
Middle Farms Road, Fishers Island, Town of Southold, County of Suffolk and State of New York
(SCTM No. 1000-008.00-01.00-006.008), having acquired title to such parcel (and additional
lands subsequently conveyed to Miller) by deeds recorded in the Office of the Suffolk County
Clerk on June 4, 2012 in Liber 12695 at pages 137 and 138, respectively (hereinafter, the
"Brinkerhoff Parcel"as described in Schedule A hereto); 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(hereinafter,the"Miller
Parcel" as described in Schedule B hereto); and
WHEREAS, the parties desire to formalize their understandings as to rights to and use of
a water line 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
(the "Water Line Easement");
NOW THEREFORE, for good and valuable consideration, receipt of which is hereby
acknowledged, Miller and Brinkerhoff agree as follows:
t.
1. Miller hereby grants to Brinkerhoff and Brinkerhoff shall be entitled to the benefits of a
"New User"with respect to the"Water Line Facilities"as described in the Water Line Easement.
2. Brinkerhoff's use of the Water Line Easement is subject to the terms thereof.
3. Miller waives the payment by Brinkerhoff of any connection charge.
4. The cost of the maintenance, repair, replacement and protection of the part of the Water
Line Facility used jointly by 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.
5. All costs related to any part of the Water Line Facility used exclusively by either Miller,
Brinkerhoff or any other owner, shall be paid by the party benefitting thereby.
6. Miller and Brinkerhoff shall also be responsible for repairing any change to the Water
Line Facilities caused by their negligence, intentional misconduct or misuse of the same.
7. Miller grants Brinkerhoff the right to enforce all remedies against the Grantor under the
Water Line Easement which are available to Miller,and Miller and Brinkerhoff 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.
8. Miller agrees to use good faith efforts to provide copies of any notice which Miller
receives under the Water Line Easement to Brinckerhoff.
9. The provisions of this Agreement shall run with the land and be binding upon and inure
to the benefit of the respective successors and assigns of the Brinkerhoff Parcel and the Miller
Parcel and the respective heirs,personal representatives, successor and assigns of Brinkerhoff and
Miller.
.1N WITNESS WHEREOF,the parties have executed this Agreement as of the day and year
first above written.
Peter R. Brinckerhoff, as Trustee 1
Q��A �. �a��c.Ice.P-kw(� Qual►Fed Qe�yonlAl
62D
usan C. Brinckerhoff, as Trust
S v5AKt C. 6p.1KXePJ'1 SOn►�9
QvA�
� y151aa12- �
Robe J. iller
Adrienne A. Mi ler
2
1
Ali Yom
STATE OF PP-�A )
}
COUNTY OF� ) ss..
On the dayof July in the year 2021 before me,the undersigned,personally appeared Peter R.
Brinckerhoff and Susan C. Brinckerhoff 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 instrument.
(signatu —and f ce of individual taking acknowledgment)
` KARMA Notarypublic jk,-V,CYT-214,2z
'• ; � :� - N6�atzy Q�lb��t sf�ea�Neil yaRK
(JURATS for Trustees of Brinkerhoff QPRTs)
STATE OF CONNECTICUT )
ss..
COUNTY OF )
.76 "' awl
,
On the �h day of AVF&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 instrument.
(signature and office of individual taking acknowledgment)
Fp1� Q,I�JNotary Public
NOTARY PUBLIC r ;r
W COMMISSION EXPIRES OCT.31,20is'
3
SCHEDULE A
ALL that certain lot 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, bounded and described as follows:
BEGINNING at a monument said monument being located 2193.16 feet North of a point
which is 3423.13 feet East of another monument marking the United States Coast &
Geodetic Survey Triangulation Station "NIN"; and
RUNNING THENCE North 18 degrees 43 minutes 00 seconds East, 26.08 feet to a point;
THENCE :North 64 degrees 34 minutes 20 seconds East, 20.58 feet to a point;
THENCE North 55 degrees 21 minute 43 seconds East, 19.33 feet to a point;
THENCE North 44 degrees 06 minutes 17 seconds East, 73.58 feet to a point;
THENCE North 47 degrees 58 minutes 55 seconds East, 62.45 feet to a point;
THENCE North 44 degrees 18 minutes 46 seconds East, 60.63 feet to a point;
THENCE North 51 degrees 33 minutes 33 seconds East, 15.77 feet to a point;
THENCE North 57 degrees 17 minutes 02 seconds East, 48.55 feet to a point;
THENCE North 66 degrees 19 minutes 40 seconds East, 30.79 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 South 33 degrees 17 minutes 20 seconds West, 118.43 feet along said shore line
to a point;
THENCE South 03 degrees 19 minutes 40 seconds West, 86.15 feet along said shore line
to a point;
THENCE South 27 degrees 03 minutes 30 seconds West,403.03 feet along said shore line
to a point;
THENCE North 55 degrees 19 minutes 20 seconds West, 194.59 feet to a monument on
the southeasterly side of an unimproved road;
THENCE North 09 degrees 17 minutes 00 seconds East, 148.06 feet along said road line
to a point of curve to the left having a radius of 150.24 feet and the direction of whose
radius at that point is North 80 degrees 43 minutes 00 seconds West;
THENCE northwesterly along said road line following the arc of said curve, 178.55 feet to
a point;
THENCE North 58 degrees 48 minutes 30 seconds West, 52.26 feet to a point of curve to
the right having a radius of 459.47 feet and the direction of whose radius at that point is
North 31 degrees 11 minutes 30 seconds East;
THENCE northwesterly along said road line following the arc of said curve, 144.46 feet to
a point of curve to the right having a radius of 23.06 feet and the direction of whose radius
at that point is North 49 degrees 12 minutes 20 seconds East;
THENCE northerly along said road line following the arc of said curve, 36.17 feet to a
monument;
THENCE North 49 degrees 04 minutes 00 seconds East, 82.29 feet to the monument
at the point of BEGINNING.
SCHEDULE "B"
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 described 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 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.