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Home My WebLink AboutL 13241 P 747 I IIIIIII fill IIIII IIIII IIIII IIIII Illll IIIII IIIII IIII llll I(IIIII IIIII Illli ills IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: ORDER Recorded: 03/27/2024 Number of Pages : 19 At: 02 : 13:50 PM Receipt Number : 24-0039352 LIBER: D00013241 PAGE : 747 District: Section: Block: Lot: 1000 116 . 00 06.00 012 . 002 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $95 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 .00 NO Natation $0 . 00 NO Cert.Copies $23 . 75 NO RPT $4,200 . 00 NO Fees Paid $4,358.75 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULEO County Clerk, Suffolk County 1❑ 2❑ RECORDED Number of pages 2024 Mar 27 02:13.50 PM VINCENT PULEO CLERK OF This document will be public _UFFOLK COUNTY record. Please remove all L D00013241 Social Security Numbers P 747 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Q- Mortgage Amt.1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. a�. 4aao Dual Town Dual County Held for Appointment Comm.of Ed. 5. 00 Transfer Tax s pal Mansion Tax 2 3 �5 The property covered by this mortgage is Cert; Copy or will be improved by a one or two NYS Surcharge 15. 00 /r�,In family dwelling only. Sub Total�ri 5 YES or NO Other Grand Total _"T3J�b •�S If NO,see appropriate tax clause on *A) page# of this instrument. 4 Di; 5275987 5 Community Preservation Fund i Real Prop, T Tax Servi p R CvA A Consideration Amount$ Agenc!. - '� � CPF Tax Due $ Verifcatio, - - — - - Improved 6 Satisfactions/Discharges/Release List Property Owners Ni as RECORD&RETURN TO: Vacant Land Esseks, Hefter,Angel, Di Talia&Pasca, LLP 108 East Main Street TO P.O. Box 279 TO Riverhead, New York 11901 TO Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Advantage Title www.suffolkcountyny.gov/clerk Title# REC-200768 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Certified Copy of Judgment made by: (SPECIFYTYPEOF INSTRUMENT) Q( p( Ernest Wickham Case The premises herein is situated in SUFFOLK COUNTY, NEW YORK, TO In the TOWN of Southold Todd E.Freed et al. 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 PT .S Stat ID: 5275987 R cvAA 18- .� t Tax Maps District Secton Block Lot School District 1000 11600 0600 012002 1000 11600 0200 018000 MATTITUCK-CUTCHOGUE 1000 11600 0200 020000 MATTITUCK-CUTCHOGUE 1000 11600 0200 005000 MATTITUCK-CUTCHOGUE 1000 11600 0200 022003 MATTITUCK-CUTCHOGUE 1000 11600 0200 023000 MATTITUCK-CUTCHOGUE 1000 11600 0200 013000 MATTITUCK-CUTCHOGUE 1000 11600 0200 016001 1000 11600 0200 021000 MATITUCK-CUTCHOGUE 1000 11600 0200 003000 MATTITUCK-CUTCHOGUE 1000 MOO 0200 014000 MATTITUCK-CUTCHOGUE 1000 11600 0200 009000 MATTITUCK-CUTCHOGUE 1000 11600 0200 006000 MATTITUCK-CUTCHOGUE 1000 11600 0200 017000 MATIITUCK-CUTCHOGUE 1000 11600 0200 026000 MATTITUCK-CUTCHOGUE 1000 11600 0200 011001 MATTITUCK-CUTCHOGUE 1000 11600 0200 007000 MATTITUCK-CUTCHOGUE 1000 11600 0200 008000 MATTITUCK-CUTCHOGUE 1000 11600 0200 012000 MATTITUCK-CUTCHOGUE 1000 11600 0200 028001 MATTITUCK-CUTCHOGUE 1000 11600 0200 022002 MATT1TUCK-CUTCHOGUE CC# : C23-43944 i �rl COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK The Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original JUDGMENT filed in my office on 11/1612023 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 1 2/1 212 0 2 3 SUFFOLK COUNTY CLERK V VINCENT PULEO SEAL FILED : SUFFOLK COUNTY CLERK 1111612023 11 : 47 AM INDEX No. 618675/2017 NY$CEF DO,C,. NQ. 549 RECEIVED NYSCEF: 12/06/2023 At an IAS Part of the Supreme Court of the State of New York,held and for the County of Suffolk,on the day of November,2023. P R E S E N T: HON.JOSEPH FARNETI J.S.C. -------------------------------------------------------------------X ERNEST WICKHAM CASE, Index No. 618675-2017 Plaintiff, -against- TODD E. FREED, EDITH WEBSTER-FREED, NANCY B. MARSCHEAN,KIMBERLIE JOBES, DIANNE MCGUNNIGLE, BRUCE BREM, STEVEN BREM,PAUL BREM,ALICE W. GROOME, MELISSA WHITTED, MATHEW P. WHITTED, MICHAEL WHITTED, MITCHELL W. WHITTED, �p MARY ELAINE WHITTED, CASE MAXWELL JUDGMENT WHITTED,KATHERINE R. CASE, DAVID T.CASE, CLIFFORD T.CASE III, N JOSEPH M. BARK WILL,PATRICIA M: BARKWILL, RUSSELL A.HEARN, SUSAN ENTERED: NOV 16 2D23 HEARN,BARBARA BEST,JEAN C. BLOCK, AT: f PATRICK BLOCK, SERAFINO M. CELANO, `7 4 ANNEMARIE CELANO, SYDNEY DUFTON III, DEBORAH DUFTON,NICOLE FITZGERALD, SHAWN FITZGERALD, EDMUND GIORDANO, MARGUERITE GIORDANO,PETER GODOFF, HEIDI S. GODOFF,DOUGLAS HERRMANN, MOORE'S LANE LLC,BARBARA HERRMANN, MARY D.HOLLAND, McILVAIN R M& E B IRREVOCABLE LIVING TRUST,GREGORY O'NEILL, CAROL O'NEILL,MARY KAREN RICH, WILLIAM RICH III,MARK ROBERTSON,NANCY ROBERTSON,ZARKO SVATOVIC,DUNEWOOD TRUGLIA, ILEEN TRUGLIA,TRINA WALDRON, STEPHEN WEISS,and MARIE WEISS, G/c, A+�o.l"" Defendants. --------------------------------------------------------------------X 2 of 17 [FILED : SUFFOLK• COUNTY CLERK 16 2 2 1 : 47 AM INDEX NO. 618675/2017 NYSCEIF DOC,. NO. 549 RECEIVED NYSCEFr : 12/06/2023 Plaintiff Ernest Wickham Case commenced the above-entitled action under New York Real Property Actions and Proceedings Law Article 15 by filing a summons and complaint on September 26,2017 and then filing a supplemental summons and complaint on April 11,2019, seeking 1) a declaration that certain deeds to Defendants Todd E. Freed and Edith Webster- Freed recorded on January 22,2013 in the Suffolk County Clerk's office concerning property identified on the Suffolk County Tax Map as parcel 1000-116-06-12.2 ("tax lot 12.2")are void, 2) a declaration that Defendants Todd E. Freed and Edith Webster Freed and all persons claiming under them be barred from all claims to an interest in tax lot 12.2,and 3) a declaration that Defendants Todd E. Freed and Edith Webster Freed and all persons claiming under them are forever barred from the use of tax lot 12.2, and a declaration that Plaintiff and the heirs of Wickham Case,to wit: Additional Defendants Nancy Marschean, Kimberly Jobes,Barbara J. Martin,Dianne McGunnigle,Bruce Brem,Steven Brem,Paul Brem, Alice W. Groome,Melissa Whined,Matthew Whitted,Michael Whiffed, Mitchell W, Whitted,Mary Elaine Whitted, Case Maxwell Whiffed, Katherine R. Case,David T. Case and Clifford T. Case III are the owners of tax lot 12.2,and Plaintiff having also alleged that tax lot 12.2 is burdened by an easement for the benefit of himself and Additional Defendants, Joseph M. Barkwill,Patricia M. Barkwill,Russell A. Hearn, Susan Heam, Barbara Best,Jean C. Block, Patrick Block, Serafino M. Celano, Annmarie Celano, Sydney Dufton 111, Deborah Dufton,Nicole Fitzgerald, Shawn Fitzgerald, Edmund Giordano, Marguerite Giordano, Peter Godoff, Heidi S. Godoff,Douglas Hermann, Moore's Lane LLC,Barbara Hermann, Mary D. Holland, Mcllvain R M & E B Irrevocable Living Trust,Gregory O'Neill, Carol O'Neill, Mary Karen Rich, William Rich ill, Mark Robertson,Nancy Robertson,Zarko Svatovic, Dunewood Tniglia,Trina Waldron,Stephen 2 2 of 17 FILED : SUFFOLK• COUNTY CLERK 1 6 23 :47 AN INDEX No. 618675/2017 NYSCFF DOC. NO. 549 RECEIVED NYSCEF: 12/06/2023 Weiss and Marie Weiss,and Plaintiff having filed proof of service of his pleadings on Defendants Todd E. Freed and Edith Webster Freed and all of the Additional Defendants; and Defendants Todd E. Freed and Edith Webster Freed having filed an answer to Plaintiff's complaint and then having filed an amended answer on April 30,2017 asserting counterclaims and cross-claims seeking 1)the dismissal of Plaintiffs complaint with prejudice, and 2) declaring that Defendants Todd E. Freed and Edith Webster Freed are the valid fee title owners to tax lot 12.2,and 3) declaring that all other claims of ownership of tax lot 12.2 are invalid,and 4) declaring that no party to the action has a deeded easement or right-of-way over tax lot 12.2 and Defendants Todd E. Freed and Edith Webster Freed having filed proof of service of their pleadings on the Additional Defendants;and 0 None of the named Additional Defendants having interposed an answer except Zarko Svatovic,acting pro se,who did not assert any claims but whose rights concerning the subject matter of this action,along with the rights of additional defendant Barbara Best, were determined in a previous action in this court, Todd E. Freed and Edith Webster Freed v. Barbara Best and Zarko Svatovic, Index No. 0 1 247/20 1 4; and None of the Additional Defendants having participated in the litigation of this action as parties;and The action having been called for trial on September 18, 2023,and Plaintiff Ernest Wickham Case having appeared by David P. Fallon and the Defendants Todd E. Freed and Edith Webster Freed having appeared by Esseks, Hefter, Angel, Di Talia&Pasca, LLP, Stephen R. Angel and Anthony C. Pasca,of counsel,and the Additional Defendants having defaulted, thereby making them bound by the provisions of this Judgment; and 3 3 of 17 WILED : SUFFOLK COUNTY CLERK 1111612023 1 : 47 AM INDEX NO. 618675/2017 NYSCEF QOC. No, 549 RECEIVED NYSCEF: 12/D6/2023 A settlement having been placed on the record in open court on September 18,2023,the transcript of which having been"So Ordered"by the Court and filed on October 4,2023, NOW, upon joint motion of Esseks,Hefter, Angel, Di Talia&Pasca, LLP and David P. Fallon, it is ORDERED, ADJUDGED AND DECREED,that the complaint and claims therein and the answer with counterclaims and cross-claims therein,and any amendments thereto,are hereby granted only to the extent that the ritP ghts and obligations of the parties are set forth in the following decretal paragraphs of this Judgment, and said claims,counterclaims,and cross-claims are otherwise dismissed; and it is further ORDERED, ADJUDGED AND DECREED,that Defendants Todd E. Freed and Edith Webster-Freed are declared to be the sole owners, in fee simple absolute,of tax lot.12.2,which is more particularly described upon Exhibit A annexed hereto;and it is further ORDERED, ADJUDGED AND DECREED that Plaintiff, Ernest Wickham Case,and certain of the Additional Defendants as defined hereinafter as"Easement Defendants,"are declared to be benefitted by certain easement rights over tax lot 12.2, appurtenant to their respective parcels as hereinafter defined,only to the following extent: i 1) an exclusive easement over a ten-foot wide area of tax lot 12.2 (Exhibit A),which exclusive easement area is more particularly described upon Exhibit B annexed hereto(the "exclusive easement area"), for pedestrian access(no vehicles)from New Suffolk Avenue to the Peconic Bay and for minor accessory structures (e.g.,kayak storage,benches)under eight(8) feet tall(measured from grade), but only outside of the beach grass/dune area, said exclusive easement area to be maintained by the Easement Defendants,who will also be responsible to comply with Town of Southold directives regarding structures thereon; Defendants Todd E. 4 4 of 17 FILED : SUFFOLK COUNTY CLERK 1 16 2023 11 : 47 AN INDEX No. 618675/2017 NYSCEF DOC. NO. 549 RECEIVED NYSCEF: 12/06/2023 Freed and Edith Webster Freed shall have limited access to said exclusive easement area for any reasonably necessary purposes(e.g.,surveying,appraising,code compliance), but not to use for any other purpose; 2) a nonexclusive easement over the sandy beach area of tax lot 12.2 (Exhibit A),which nonexclusive area is more particularly described on Exhibit C annexed hereto (the"nonexclusive easement area"); no structure or storage of any kind is permitted within the nonexclusive easement area; 3) the exclusive easement and the nonexclusive easement shall run with the land for the benefit of Plaintiff s property, Suffolk County Tax Map Parcel 1000-116-2-28.001,240 Meadow Lane,Cutchogue,New York,and the following properties which are described in Plaintiff's complaint as being owned by the following parties, who are collectively referred to herein as "Easement Defendants": t Suffolk County Tax Map Parcel 1000-116-2-18 Property address: 450 Bay Road Cutchogue,NY 11935 Property ownerlsl: Joseph M. Barkwill Patricia M. Barkwill Suffolk County Tax Map Parcel 1000-116-2-20 Property address: 535 Meadow Lane Cutchogue,NY 11935 Pjgpertywn Russell A. Hearn Susan Hem E 5 ' 5 of 17 FILED: SUFFOLK• COUNTY CLERK 1111672023 11 : 47 INDEX NO. 618675/2017 NYSCEF DOC,. N0. 549 RECEIVED NYSCEF: 12/06/2023 Suffolk County Tax Map Parcel 1000-116-2-5 Proterty address: 12355 New Suffolk Avenue Cutchogue,NY 11935 Property owner(: Barbara Best Zarko Svatovic Suffolk County Tax Map Parcel 1000-116-2-22.3 PMpe=address: 330 Case Road Cutchogue,NY 11935 Prooertyy owner(s): Jean C. Block Patrick Block Suffolk County Tax Map Parcel 1000-116-2-22.002 Property address: 13305 New Suffolk Avenue Cutchogue,NY 11935 Property owner(s): Serafino M.Celano Annemarie Celano Suffolk County Tax Map Parcel 1000-116-2-23 Property address: 13555 New Suffolk Avenue Cutchogue,NY 11935 Property owngr(s): Sydney Dufton III Deborah Dufton Suffolk County Tax Map Parcel 1000-116-2-13 Rroncrty address: 12555 New Suffolk Avenue Cutchogue,NY 11935 Property owner(s): Nicole Fitzgerald Shawn Fitzgerald 6 6 of 17 FILED: SUFFOLK• COUNTY CLERK 16 2023 11 : 47—KR INDEX NO. 618675/2017 NYSCEi DOC, NO. 549 RECEIVED NYSCEF: 12/06/2023 Suffolk County Tax Map Parcel 1000-116-2-16.1 Property.address: 200 Bay Road^ Cutchogue,NY 11935 Property owner(s): Edmund Giordano Marguerite Giordano Suffolk County Tax Map Parcel 1000-116-2-21 Prokerty address: 395 Meadow Lane Cutchogue,NY 11935 Propea owner(s): Peter Godoff Heidi Godoff Suffolk County Tax Map Parcel 1000-116-2-3 ProRerty address: 4955 Moores Lane Cutchogue,NY 11935 Pronerty owner: Moore's Lane LLC Suffolk County Tax Map Parcel 1000-116-2-14 Property address: 13105 New Suffolk Avenue Cutchogue,NY 11935 Property weer s : Douglas Herrmann Barbara Herrmann Suffolk County Tax Map Parcel 1000-116-2-9 Pr-ocierty address: 400 Short Road Cutchogue,NY 11935 PropeM owner: Mary D. Holland Suffolk County Tax Map Parcel 1000-116-2-6 Property ad_ dress: 12455 New Suffolk Avenue Cutchogue,NY 11935 Property e : McIlvain R M&E B Irrevocable Living Trust 7 7 of 17 WILED : SUFFOLK• COUNTY CLERK 1 16 2 3 : 47 INDEX NO. 618675/2017 NXSCEF DOC, NO. 549 RECEIVED NYSCEF: 12/06/2023 Suffolk County Tax Map Parcel 1000-116-2-17 Property_address: 135 Case Road Cutchogue,NY 11935 Property owner(s): Gregory O'Neill Carol O'Neill Suffolk County Tax Map Parcel 1000-116-2.26 Prove Provetly address: 500 Meadow Lane Cutchogue,NY 11935 Properly owner(s): Mary Karen Rich William Rich III Suffolk County Tax Map Parcel 1000-116-2-11.001 Prppedy address: 435 Bay Road Cutchogue,NY 11935 P_roneM owner(s): Mark Robertson Nancy Robertson Suffolk County Tax Map Parcel 1000-116-2-7 Pronerty addre s: 200 Short Road Cutchogue,NY 11935 Pro e s : Dunewood Truglia Ileen Truglia Suffolk County Tax Map Parcel 1000-116-2-8 mpg,., address: 300 Short Road Cutchogue,NY 11935 Prgp=owner: Trina Waldron s Suffolk County Tax Map Parcel 1000-116-2-12 propeM address: 195 Bay Road Cutchogue,NY 11935 Propea owne Stephen E. Weiss Marie Weiss; 8 8 of 17 [FILED : SUFFOLK- COUNTY CLERK 1 2023 11 : 4-7— AR INDEX NO. 618675/2017 NY,SCEF DOC, NO. 549 RECEIVED NYSCEF: 12/06/2023 and it is further ORDERED, ADJUDGED AND DECREED that all claims of Plaintiff and Additional Defendants to any interest in tax lot 12.2(Exhibit A),other than as set forth in this Judgment,are declared invalid,and every person claiming under Plaintiff and Additional Defendants Joseph M. Barkwill,Patricia M. Barkwill, Russell A. Hearn, Susan Hearn,Barbara Best,Jean C. Block, Patrick Block, Serafino M. Celano, Annmarie Celano, Sydney Dufton Ill, Deborah Dufton, Nicole Fitzgerald,Shawn Fitzgerald, Edmund Giordano,Marguerite Giordano,Peter Godoff, Heidi S. Godoff, Douglas Hermann,Moore's Lane LLC,Barbara Hermann,Mary D.Holland, Mcllvain R M&E B Irrevocable Living Trust,Gregory O'Neill,Carol O'Neill,Mary Karen Rich, William Rich III, Mark Robertson,'Nancy Robertson,Zarko Svatovic, Dunewood Truglia, Trina Waldron, Stephen Weiss, Marie Weiss,Nancy Marschean, Kimberly Jobes, Barbara J. Martin, Dianne McGunnigle, Bruce Brem, Steven Brem,Paul Brem, Alice W.Groome,Melissa Whitted,Matthew Whiffed, Michael Whitted, Mitchell W. Whitted, Mary Elaine Whitted,Case Maxwell Whitted,Katherine R. Case, David T. Case and Clifford T. Case M by title accruing after the filing of the judgment roll be forever barred from asserting such claims to an estate or interest or easement, the invalidity of which has been established in this action; and it is further ORDERED,ADJUDGED AND DECREED that all instruments purporting to create any estate or interest in tax lot 12.2 (Exhibit A)that are contrary to the declarations contained in this Judgment,including but not limited to the lease given by Plaintiff to William Rich,are declared invalid; and it is fia-ther ORDERED, ADJUDGED AND DECREED that the Settlement Agreement entered into in open court between the parties on the I P day of September,2023, an original transcript of which was So Ordered by the Court on September 21,2023,and is on file with this Court and is 9 9 of 17 [FILED : SUFFOLK- COUNTY CLERK 1 6 2023 : 47 INDEX No. 618675/2017 NYSCEF DOC, NO. 549 RECEIVED NYSCEF: 12/06/2023 incorporated herein by reference,shall survive and shall not be merged into this Judgment, and the Plaintiff,Defendants and the Additional Defendants are hereby directed to comply with all legally enforceable terms and conditions of that So Ordered agreement as if such terms and conditions were set forth in their entirety herein;and it is further ORDERED,ADJUDGED AND DECREED that upon being furnished with a certified copy of this Judgment, and upon payment of the fees allowed by law, if any, the Clerk of the County of Suffolk is directed to record this Judgment in the land records of Suffolk County,to be indexed in the chain of title to the subject property(tax lot 12.2) as well as against the chains of title to Plaintiff and the Easement of Defendants, to wit: against the following properties: Pro a of: Todd E. Freed and Edith Webster Freed 12400 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-06-12.2 3 Property of: Eniest Wickham Case 240 Meadow Lane Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-28.1 Pro ert of: Joseph M.Barkwill Patricia M. Barkwill 450 Bay Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-18 Property of: Russell A. Hearn Susan Hem 535 Meadow Lane Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-20 10 10 of 17 WILED : SUFFOLK-COUNTY CLERK 6 2023 : 47 KR INDEX NO. 618675/2017 NxSCEF DOC, NO. 549 RECEIVED NYSCEF: 12/06/2023 Pro r of: Barbara Best Zarko Svatovic 12355 New Suffolk Avenue. Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2.5 Propene of; Jean C. Block Patrick Block 330 Case Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-22.3 Pro a of: Serafino M. Celano Annemarie Celano 13305 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-1.16-2-22.002 Property of-, Sydney Dufton III Deborah Dufton 13555 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-23 Property of: Nicole Fitzgerald Shawn Fitzgerald 12555 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-13 Property of: Edmund Giordano Marguerite Giordano 200 Bay Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-16.1 11 11 of 17 FILED : SUFFOLK- COUNTY CLERK 1171672523 1174-7---KR INDEX NO. 618675/2017 NYSCEc^ DOC, NO. 549 RECEIVED NYSCEF: 12/06/2023 PropeM of: Peter Godoff Heidi Godoff 395 Meadow Lane Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-21 ProRen of: Moore's Lane LLC 4955 Moores Lane Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-3 Property of Douglas Herrmann Barbara Herrmann 13105 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-14 Property of: Mary D. Holland 400 Short Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-9 Pra a of: Mclivain R M&E B Irrevocable Living Trust 12455 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-6 Property of: Gregory O'Neill Carol O'Neill 135 Case Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-17 Property,of Mary Karen Rich William Rich III 500 Meadow Lane Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-26 12 12 of 17 (FILED : SUFFOLK• COUNTY CLERK 11 16 262 1 : 47 INDEX NO. 618675/2017 NySCEF .DOC. NO. 549 RECEIVED NYSCEF: 12/06/2023 Exhibit A (Tax Lot 12.2) ALL that certain plot,piece,or parcel of land situate, lying and being at Cutchogue,Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as follows; BEGINNING at a point on the southerly side of New Suffolk Avenue marked by a monument found at the northwesterly corner of land now or formerly of Leonard P. Wessell &Amy P. Wessell: RUNNING thence from said point of beginning South 13 deg. 01 min. 40 sec. West along land now or formerly of Leonard P, Wessell& Amy P. Wessell 449,47 feet to the approximate high water mark of Great Peconic Bay; RUNNING thence along the approximate high water mark of Great Peconic Bay a tie-line course and distance of North 68 deg. 36 min. 1 I sec. West 33.36 feet to a point; RUNING thence North 13 deg. 01 min.40 see. East along other lands of the party of the first part 444.61 feet to the southerly side of New Suffolk Avenue; RUNNING thence South 76 deg. 58 min. 20 sec. East along the southerly side of New Suffolk Avenue 33.00 feet to the monument found at the point or place of Beginning. CONTAINING an area of 14,752 Sq. Ft. 14 13 of 17 (FILED : SUFFOLK• COUNTY CLERK 1 16 2 23 : 47 INDEX NO. 618675/2017 NYSCE-F .DOC, NO. 549 RECEIVED NYSCEE: 12/06/2023 Exhibit B (Exclusive Easement Area) ALL that certain plot,piece,or parcel of land situate,lying and being at Cutchogue,Town of Southold,County of Suffolk and State of New York., being the exclusive easement designated in this Judgment,more particularly bounded and described as follows: BEGINNING at a point on the southerly side of New Suffolk Avenue marked by a monument found at the northwesterly corner of land now or formerly of Leonard P. Wessell &Amy P. Wessell: RUNNING thence from said point of beginning South 13 deg. 01 min.40 sec. West along land now or formerly of Leonard P. Wessell&Amy P. Wessell 387.40 feet to the southerly line of beach grass; RUNNING thence along the average southerly line of the beach grass a tie-line course and distance of North 45 deg. 27 min. 22 sec. West 11.73 feet to a point; RUNNING thence North 13 deg. 01 min.40 sec. East along the westerly side of the exclusive easement 381.26 feet to the southerly side of New Suffolk Avenue; RUNNING thence South 76 deg. 58 min. 20 sec. East along the southerly side of New Suffolk Avenue 10.00 feet to the monument found at the point or place of Beginning. CONTAINING an area of 3,843 Sq. Ft. The southerly line of the beach grass is an ambulatory line defined by the location of the average southerly line of beach grass on the beach of the Great Peconic Bay (see Macklowe v,Trustees of the Freeholders, i 10 AD3d 964 [2d Dept. 2013]), V� 15 14 of 17 FILED : SUFFOLK• COUNTY CLERK 11 16 2023 1 : 47 INDEX NO. 618675/2017 NYSCE-F .DOC, NQ. 549 RECEIVED NYSCEF: 12/06/2023 Exhibit C (Nonexclusive Easement Area) ALL that certain plot,piece,or parcel of land situate, lying and being at Cutchogue,Town of Southold, County of Suffolk and State of New York,being the non-exclusive easement designated in this Judgment,more particularly bounded and described as follows; BEGINNING at a point on the southerly line of beach grass,said point being situate South 13 deg. 01 min. 40 sec. West 387. 40 feet from the monument found at the intersection of the southerly side of New Suffolk Avenue and the westerly line of land now or formerly of Leonard P. Wessell& Amy P. Wessell; RUNNING thence from said point of beginning South 13 deg. 01 min. 40 sec. West along land now or formerly of Leonard P. Wessell&Amy P. Wessell 62.07 feet to the approximate high water mark of Great Peconic Bay; RUNNING thence along the approximate high water mark of Great Peconic Bay a tie-line course and distance of North 68 deg. 36 min. I i sec. West 33.36 feet to a point; RUNNING thence North 13 deg. 01 min.40 sec. East along other lands of the party of the first part 52.94 feet to the southerly line of beach grass; RUNNING thence along the southerly line of beach grass the following three tie-line courses and distances; 1. North 89 deg. 05 min. 23 sec. East 11.06 feet; 2, North 70 deg. 45 min.42 sec.East 14.51 feet; 3. South 45 deg. 27 min. 22 sec. East 11.73 feet to the point or place of Beginning. CONTAINING an area of 1,995 Sq. Ft. The southerly line of the beach grass is an ambulatory line defined by the location of the average southerly line of beach grass on the beach of the Great Peconic Bay(see Macklowe v_.Talstee� of the Freeholders, 110 AD3d 964 [2d Dept. 2013]). v1 16 15 of 17 [FILED : SUFFOLK- COUNTY CLERK 11 1 2023 1-1 —: 4-7 —AR INDEX NO. 618675/2017 NYSCEF DOC. NO. 549. RECEIVED NYSCEF: 12/06/2023 PropejU of. Mark Robertson Nancy Robertson 435 Bay Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-11.001 Prong.ty of: Dunewood Truglia Ileen Truglia 200 Short Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-7 Property of. Trina Waldron 300 Short Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-8 ProWrty of: Stephen E. Weiss Marie Weiss 195 Bay Road Cutchogue,NY 11935 I Suffolk County Tax Map Parcel 1000-116-2-12 o _ r t��d I✓NT � . S ,�e1 Avy 3 mc,,,� - -782 E GRANTED eph (:arnetiA.S.C. ' NOV 9 2023 VINCENT PULEO Clerk of Suffolk County S5 .e KS 13 16 of 17 (FILED : SUFFOLK-- COUNTY CLERK 1 6 023 11 : 47 INDEX NO. 618675/2017 NYSCE- DOC.. NQ. •549 RECEIVED NYSCW: 12�06/2023 FILED ZM Nov 16 AN 11: 4 7 SUFF�iOL C INCEiUNTY PULECLERK 'L • .. 17 of 17