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HomeMy WebLinkAboutL 13157 P 913 11111111 I I II IIIII 11111 I I I I I I I I I I I I I I!!1111 II I I I I I I!lI11 i lillll Ii11111111 IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 05/27/2022 Number of Pages : 5 At: 03:47 : 19 PM Receipt Number : 22-0089273 TRANSFER TAX NUMBER: 21-36111 LIBER: D00013157 PAGE : 913 District: Section: Block: Lot: 1000 009 . 00 09 .00 022 .002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $100 . 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 $0 . 00 NO RPT $200 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $270 . 00 TRANSFER TAX NUMBER: 21-36111 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 RECORDED 2022 May 27 01:47:19 PM JUDITH R. F'RSCHLE CLERK OF Number of pages SUFFOLK COUNTY L DOOO13157 P 913 This document will be public DT# 21-36111 record.Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp , Recording/filing Stamps 3 FEES Page/Filing Fee _ Mortgage Amt. Ha 1.Basic Tax ling 20. 00 . 2. Additional Tax P-584 Sub Total Notation Spec./Assit. i or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. _M_ "0 Dual Town Dual County Held for Appointment 1 Comm.of Ed. 5. 00 Transfer Tax Affidavit • Mansion Tax Oft Certified Copy VMS The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total G YES or NO Other --fO Grand Total r/ If NO, see appropriate tax clause on page# of this instrument. 4 Dist 4834338 1000 00900 0900 02200 '-2.002 5 Community Preservation Fund Real Prop T t) Consideration Amount$ Agenccy ��•.Gy Tax Servi,) P s IN1�111 illillff1111 CPF Tax Due $ Verificati 12 APR' G Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO: Vacant Land STEPHEN L.HAM,III,ESQ. ' TID 4�U MATTHEWS&HAM 38 NUGENT STREET TD SOUTHAMPTON,NY 11968 TD Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company]Information 310 Center Drive, Riverhead, NY 11901 Co.Name (4TCT www.suffolkcountyny.gov/clerk ltLL OU °c,5 LA— I -X6 A g Suffolk Counq Recording & Endorsement Page This page forms part of the attached GRANT OF EASEMENT made by; (SPECIFY TYPE OF INSTRUMENT) RAUCH FISHERS ISLAND PARTNERS L.P. The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD FISHERS ISLAND UTILITY COMPANY INC. In the VILLAGE THE FISHERS ISLAND PORMELECTRIC IS CORPORATION,or HAMLET of FISHERS ISLAND FIS1�S 80 6TH 8 MUST B PED OR PRINTED IN B ACK NK ON Y TORPR 0 RECORDING OR FILING. over CovR�es - M90A GRANT OF EASEMENT �� THIS GRANT OF EASEMENT is made as of the �N 44 day of November, 2021, by RAUCH FISHERS ISLAND PARTNERS, L. P., a Delaware limited partnership, having an address of c/o Skye Payette,' 1290 East Main Street - 3`" Floor, Stamford, Connecticut 06902 (hereinafter referred to as "Grantor"), to FISHERS ISLAND UTILITY COMPANY, INC.,THE FISHERS ISLAND ELECTRIC CORPORATION, FISHERS ISLAND TELEPHONE CORPORATION and FISHERS ISLAND WATER WORKS CORPORATION (hereinafter referred to individually as a,"Utility Company" and collectively as the "Utility Companies"),each of the Utility Companies being a New York corporation and each having an address of 161 Oriental Avenue, P. O. Box 604, Fishers Island, New York 06390; j WITNESSETH : WHEREAS, Grantor is the owner in fee of premises situate at 4375 Equestrian Avenue, Fishers Island, Town of Southold, County of Suffolk and State of New York (SCTM No.1000-009.00-09.00-022.002), having acquired title to such premises by deed recorded in the Office of the Suffolk County Clerk on March 16, 2001 in Liber 12108 page 237 (hereinafter referred to as "Grantor's Premises"); and WHEREAS, poles, lines, boxes, pipes,valves and other utility equipment and devices for the provision of electric, telephone and water services to properties in the vicinity of Grantor's Premises have been or will be newly installed at the expense of the owners of such properties (collectively, the "Replacement Facilities") to replace obsolete facilities for such services; and WHEREAS, each Utility Company is willing to assume ownership of Replacement Facilities relevant to the services it provides, such assumption to be on condition that it acquires a permanent easement over a portion of Grantor's Premises, which portion includes but is not limited to the land on which the Replacement Facilities are installed, and Grantor is willing to grant such an easement upon the terms and conditions hereinafter set forth; NOW,THEREFORE, in consideration of the sum of Ten Dollars($10.00)and other good and valuable consideration paid by the Utility Companies, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants and releases unto the Utility Companies and their respective successors and assigns, a permanent easement upon, across, over and/or under the Easement Area described below for the use, construction, operation, maintenance, repair, improvement, inspection and replacement of poles, electrical power lines, transformers, telephone lines, power and communication cables and boxes, water mains and pipes, gas lines, sewer lines, conduits, guys, anchors and any other utility equipment or devices of any nature that may now or may hereafter be employed to provide utility services to properties in the vicinity of Grantor's Premises. To the extent practicable, 1 ' all such utility services shall be installed underground.This easement shall include the right of the Utility Companies and their respective contractors, agents, servants and employees to enter upon the Easement Area to undertake any actions consistent with the purposes for which this easement is granted, including but not limited to the trimming, cutting and removal of trees and other vegetation that in their reasonable judgment might interfere with the continuity of any utility service, and the obligation of the Utility Companies and their respective successors and assigns to restore any disturbed area as nearly as practicable to its original condition after the placement, installation, maintenance, repair, inspection and replacement of any such utility service. In the event the Norway Maple trees identified on the Easement Map prepared by CHA, dated August 4, 2021, last revised November 18, 2021, an excerpt from which is attached hereto as Exhibit A, are damaged in connection with the initial placement and installation of utility services, then, except to the extent the damage could not have reasonably been avoided, Grantee shall restore and/or replace said trees as reasonably necessary to correct the damage; provided, however, that Grantee shall not be required to expend an amount exceeding $10,000 in the aggregate in that regard. Except for costs to first place and install the Replacement Facilities,the cost of placement, installation, maintenance, repair, inspection and replacement of any such utility service and of restoration of the affected area shall be borne solely by the Utility Companies and their respective successors and assigns. The Easement Area covered by this Grant of Easement is described as follows: All that certain plot, piece or parcel of land situate, lying and being at Fishers Island in the Town of Southold, County of Suffolk and State of New York, being forty (40) feet in width and having a center line bounded and described as follows: BEGINNING at a point in the southerly boundary of Grantor's Premises, said point being located 4644.88 feet West of a point which is 1041.23 feet North of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE North 300 42' 00" West, 289.80 feet to a point; THENCE North 460 53' 00" West, 76.54 feet to a point at land now or formerly of Sheila Rauch Kennedy Revocable Trust of January 20, 2000. This Grant of Easement shall run with the land and be binding upon and inure to the benefit of the respective successors and assigns of Grantor and the Utility Companies. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of the day and year first above written. RAUCH FISHERS ISLAND PARTNERS, L. P. By Eleanor R. Crosby, Managing P ner 2 STATE OF MINNESOTA) ss.: COUNTY OF yic ) On the o�4�day of November in the year 2021 before me, the undersigned, personally appeared Eleanor R. Crosby 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. 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