HomeMy WebLinkAboutL 13211 P 522 SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 07/28/2023
Number of Pages : 7 At: 10 :35 : 01 AM
Receipt Number : 23-0095415
TRANSFER TAX NUMBER: 22-35672 LIBER: D00013211
PAGE: 522
District: Section: Block: Lot:
1000 009 . 00 10 . 00 010 .000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $35 .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 $8 . 75 NO RPT $200 . 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $288 . 75
TRANSFER TAX NUMBER: 22-35672
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Vincent Puleo
County Clerk, Suffolk County
❑1 121
RECORDED
Number of pages 2023 Jul 28 10;35:01 ar1
Uincent Puleo
CLERK OF
This document will be public SUFFOLK COUNTY
record. Please remove all L D00013211
Social Security Numbers P 522
prior to recording. DT# 22-35672
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee j— Mortgage Amt.
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 C5— Sub Total
Notation Spec./Assit.
EA-5217(County) Sub Total - Speo/Add.
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A. Dual Town Dual County
Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Affidavit • Mansion Tax
The property covered by this mortgage is
=Certified —7� or will be improved by a one or two
NYS Surcharge 15. 00 ^� family dwelling only.
Sub Total of YES or NO
Other
Grand Total a If NO,see appropriate tax clause on
page# of this instrument.
4 Dist.1000 5131764 loon oo9oo i000 010000 5 Community Preservation Fund
Real Property p T S I ul�lll�l�l�lulll�l� Consideration Amount$
Tax Service R RAK A u
Agency 28-JUL.-23 CPF Tax Due $
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
FINNEGAN LAW, P.C. TD
Martin D. Finnegan, Esq.
PO Box 1452 TD
13250 Main Road
Mattituck, NY 11952 TD
Mail to: Vincent Puleo, Suffolk County Clerk TF Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkeountyny.gov/clerk Title#
81 Suffolk County Recording & Endorsement Page
This page forms part of the attached WATER MAIN EASEMENTS made
by: (SPECIFYTYPEOF INSTRUMENT)
FISHERS ISLAND UNION FREE SCHOOL DISTRICT The premises herein is situated in
SUFFOLK COUNTY, NEW YORK,
TO In the TOWN of SOUTHOLD
FISHERS ISLAND WATER WORKS CORP. In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
GRANT OF WATER MAIN EASEMENTS
Sf
THIS GRANT OF EASEMENT made as of the_J[day of -ply , 2023, by and
between the Fishers Island Union Free School District No. 4 with offices located at 78
Greenwood Road,#500, Fishers Island, New York (hereinafter referred to as "Grantor") and the
Fishers Island Water Works Corporation (hereinafter referred to as "Grantee"), with an address
of 161 Oriental Avenue, #604, Fishers Island, New York 06390.
WHEREAS, Grantor is the owner of a certain parcel of land containing approximately
3.5 acres of land identified by Suffolk County Tax Map number 1000-009.00-10.00-010.000;
located on the corner of Winthrop Drive and Equestrian Avenue in the Hamlet of Fishers Island,
Town of Southold, County of Suffolk,New York, which is more particularly bounded and
described as set forth in Schedule A annexed hereto (hereinafter referred to as the "Subject
Property"); and
WHEREAS, the Grantee, for purposes of maintaining the public water systems, must
access, upkeep and repair water mains and pipes on the subject property; and
WHEREAS, the Grantor has agreed to grant to the Grantee three (3) easements over
portions of the Subject Property as described in Schedule B attached hereto in order to
accomplish the maintenance of the water mains and pipes;
NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and
other good and valuable consideration paid by the Grantee to the Grantor, the receipt and
sufficiency of which are hereby acknowledged, this agreement witnesseth that:
1. Grantor hereby grants and releases unto Grantee and their successors and assigns,
permanent easements upon, across, over and/or under certain portions of the Subject Property, as
more particularly described in Schedule B, for the use, operation, maintenance, repair,
improvement, inspection and replacement of water mains and pipes.
2. The nature, character and extent of the easements hereby granted are as follows:
(a) The right of Grantee to enter upon the Subject Property in perpetuity, at all
reasonable times, to access the water features protected under the terms of
this Easement for maintenance thereof, as illustrated on Schedule B
attached hereto. The easement areas for the subsurface water main lines
are limited to the areas indicated on Schedule B.
(b) To perform such grading, excavation and other necessary work as shall be
required for the use, operation, maintenance, repair, improvement,
inspection and replacement of said water main lines and pipes.
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3. The Grantor reserves the right to the use and enjoyment of the Subject Property to
the fullest extent possible without unreasonable interference to the Grantee in the exercise of the
Grantee's rights granted herein. Grantee's acts shall not inhibit or interfere with Grantor's access
to and/or use and occupancy of the Subject Premises other than on a temporary basis to maintain
the subject water main lines and pipes.
4. The Grantee further agrees to pay any and all reasonable costs associated with the
maintenance, repair, rcplacement or other necessary work covered by this Easement and shall be
obligated to promptly restore the affected area of the Subject Property.
5. The Grantee further agrees to obtain all necessary permits from all governmental
agencies necessary to carry out the operations contemplated by this Easement, at its sole cost and
expense.
6. This Easement and the rights and obligations granted herein shall run with the
land and be binding upon the parties hereto and their successors and assigns.
7. Grantee shall indemnify and hold harmless Grantor against all liability associated
with its own acts or omissions in connection with the use of the Subject Property.
8. The terms of this Easement may not be changed orally, and this writing
constitutes the entire agreement of the parties. Each party represents to the other that no
representations have been made or relied upon by or to either party except those set forth herein.
9. If any term of this Easement shall be determined by a court of competent
jurisdiction to be unlawful, null or void, all other terms shall remain in full force and effect.
10. Grantor represents to Grantee that the execution of this Easement does not violate
any covenant, regulatory restriction, court order or agreement to which its lot may be subject,
and that the undersigned is the sole owner of the lot and possessed of full authority to execute
same.
11. This Easement shall be perpetual unless, by judicial decree or determination or by
written agreement of all parties, the beneficial use of the easement or either of them shall cease
by operation of law or otherwise.
12. This Easement shall be interpreted, construed and enforced in accordance with
and governed by the internal laws of the State of New York without reference to the principles of
conflicts of laws. Each party hereby irrevocably consents to the exclusive jurisdiction of the
courts of the Town of Southold, County of Suffolk, State of New York and of the federal courts
located in the Eastern District of New York for all purposes in connection with any action, suit or
proceeding which arises out of or relates to this Easement. To the fullest extent it may effectively
do so under applicable law, each party hereby irrevocably waives and agrees not to assert, by
way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any
such court, any objection which it may now or hereafter have to the laying of the venue of any
such action, suit or proceeding brought in any such court and any claim that any such action, suit
or proceeding brought in any such court has been brought in an inconvenient forum.
13. This Easement may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which taken together shall constitute but one and the same
2
instrument and shall be binding upon each of the undersigned as fully and completely as if all
had signed the same instrument.
FISHERS ISLAND UNION FREE SCHOOL
DISTRICT NO. 4, Grantor
By: Christian Arsenault
Title: Superintendent/Principal
FISHERS ISLAND WATER WORKS
CORPORATION, Gra ee
By: J. stopher Finan
Title: ident
State of New York )
}: ss.:
County of Suffolk }
On the,?) day of , in the year 2023, before me,the undersigned, personally appeared
CHRISTIAN ARSE AUL ,personally known to me or proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me that
ilie/he/tle�,executed the same in lar/his/their capacity,and that by WWh is/t4eir-s i gnat ure on the instrument,
the person or the entity upon behalf of which the person acted,executed the instrument.
05 zy,z A
Notary biica���bZZZ5E3
State of New York 1404 4J.Af(ONVI Ct d- ,
): ss.. ;"�•�
County of Suffolk ) -
On the 21arday of , in the year 2023, before me,the undersigned,personally appeared
J. CHRISTOPHER AN, personally known to me or proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me that
she/he/they executed the same in her/his/their capacity,and that by her/his/their signature on the instrument,
the person or the entity upon behalf of which the person acted, executed the instrument.
SGC- ,4,.P. 05-.2q,
Notary ublic -4-o1#14U75-4 3
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FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-015496
SCHEDULE A-1
(Description of the Land)
For Tax Map IDs): 1000-009.00-10.00-010.000
ALL that tract or parcel of land being situated in the Town of Southold; Fishers Island, County of Suffolk, State of New York,
being part of the site of the former Fort H. G. Wright of the United States Army, more particularly described as follows:
BEGINNING at a concrete monument on the Southerly line of Equestrian Avenue at the dividing line between the herein
conveyed tract and land of the U.S. Navy Department, said monument being located 614.43 feet North of a point which is
4127.52 feet West of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "PROS" and;
RUNNING THENCE South fib degrees 42 minutes West 231.0 feet to an iron;
THENCE South 22 degrees 47 minutes East 200.00 feet to an iron, these two lines abutting Southeasterly and
Northeasterly on said Navy Department Land;
THENCE South 67 degrees 13 minutes West 199.15 feet to an iron;
THENCE North 22 degrees 47 minutes West 161.55 feet to a concrete monument;
THENCE South 67 degrees 13 minutes West 154.35 feet to a concrete monument;
THENCE North 23 degrees 46 minutes West 286.70 feet to a drill hole in the back of a sidewalk;
THENCE North 62 degrees 21 minutes East 354.5 feet to a drill hole in the walk at the Southwesterly line of said
Equestrian Avenue;
THENCE South 76 feet 02 minutes 30 seconds East 46.85 feet to a concrete monument;
THENCE South 49 degrees 33 minutes 15 seconds East 202.44 feet to a concrete monument;
THENCE South 80 degrees 36 minutes 30 seconds East 127.50 feet to the point of BEGINNING.
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the
premises which by law constitute real property.
FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land
lying in the street in front of and adjoining said premises.
END OF SCHEDULE A
Commitment for Title Insurance Printed: 12.21.22 @ 03:04 PM
5cheduleA-1 Description NY-FT-FRVH-01030.431004-SPS-1-22.7404-015496
SCHEDULE B
EASEMENT 1 :
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being on Fishers Island, in the Town of Southold, County of Suffolk
and State of New York, more particularly bounded and described as follows:
BEGINNING at a point in the Southeasterly line of Winthrop Drive, said point being
located 777.88 feet North of a point which is 4452.83 feet West of a monument marking the
United States Coast and Geodetic Survey Triangulation Station "PROS";
Thence running South 76° 02' 30" East 15.06 feet to a point-,
Thence South 62° 21' 00" West 184.47 feet to a point;
Thence North 27° 39' 00" West 10.00 feet to a point on the Southeasterly line of
Winthrop Drive;
Thence North 62° 2 P 00" East 173.21 feet along said Winthrop Drive to the point of-
beginning.
EASEMENT 2:
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being on Fishers Island, in the Town of Southold, County of Suffolk
and State of New York, more particularly bounded and described as follows:
BEGINNING at a point 146.83 feet northwest of a point in the Northwesterly line of
Whistler Avenue, said latter point being located 261.81 feet North of a point which is 4446.44
feet West of a monument marking the United States Coast and Geodetic Survey Triangulation
Station "PROS";
Thence running North 22° 4700" West 10.00 feet to a point;
Thence North 67° 13' 00" East 199.60 feet to a point;
Thence running South 220 47' 00" East 10.00 feet to a point;
Thence South 67° 13' 00" West 199.60 feet to the point of beginning.
1
EASEMENT 3:
BEGINNING at a point 5.82 feet northwest of a point in the Northwesterly line of Whistler
Avenue; said latter point being located 261.81 feet North of a point which is 4446.44 feet West of
a monument marking the United States Coast and Geodetic Survey Triangulation Station
"PROS";
Thence running North 22° 47'00" West 10.00 feet to a point;
Thence North 67° 13' 00" East 199.60 feet to a point;
Thence running South 22°47'00" East 10.00 feet to a point;
Thence South 67° 13' 00" West 199.60 feet to the point of beginning.
Suffolk County Tax Map No.: District 1000, Section 009.00, Block 10.00, p/o Lot 010.000
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