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Home My WebLink AboutL 12106 P 273 ':i3Vt- ~c~ 1'110 G ~13 EASEMENT AGREEMENT I AGREEMENT, dated October l?~ 2000, between / '1 3 _ 9 -:.,i (/\ 0 ~j 7'~~cut ~820~ ~ . ,":'I ':..7"', , DAVID A. ROSS, residing at 68 Dubois Street, Darien, hereinafter ROSS), and PAMELA M. ROSS and CHARLES W. GAY, a married couple, residing at 3224 Coolidge Ave., Los Angeles, California 90066, and NANCY R. ROSS. and C. WILLIAM CARMEAN, a married couple, residing at 121 E. Delaware Ave., Pennington, N.J. 08534, (hereinafter collectively RGRC); WHEREAS, ROSS is the owne.r of property at Marratooka Point, Mattituck, New York, known as SCTM#100Q-123-EI-24.1, more particularly described in Schedule A hereto, (hereinafter Gray Gables) i and WHEREAS, RGRC is the owner of property at Marratooka Point, Mattituck, N.Y. known as SCTM#1000-123-8-22.2, more particularly described in Schedule B hereto, (hereinafter The Chateau): and WHEREAS, by deed dated October 25, 1994, and recorded in the Suffolk County Clerk's Office in Liber 11699 cp 843, the prior owner of Gray Gables granted to The Chateau a right of way over a portion of Gray Gables for the benefit of The Chateau (the 1994 Right of Way); and WHEREAS, the parties have, agreed to revise the 1994 Right of Way to substitute in its place this a.greernent. THEREFORE, in consideration of the agreements herein, and other good and valuable consideration, the re~ceipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. GRANT OF EASEMENT. ROSS hereby grants and conveys to RGRC, for the benefi"t of The Chateau, a pedestrian easement over the premises more particularly described in Schedule C, on the terms and conditions set forth in this Aqreement, for access to Peconic Bay and the beach. :2. USE OF RIGHT OF WAY. The right of way shall be used for pedestrian passag., and use of the beach area. Use may be by Permitted Parties, their guest and invitees, but not tenants of The Chateau. A Permitted Party is a person who is a lineal descendant of Frederick A. Ross, including by adoption, or a person who is married to or a widow or widower of a lineal descendant of Frederick A. Ross. A trust whose beneficiaries are Permitted Parties or an entity which is wholly owned by Permitted Parties shall be deemed a Permitted Party. 3. NO OBSTRUCTION. RGRC and ROSS agree and covenant that they will neither obstruct said right of way nor interfere with the use of the right of way by the other, nor prevent ingress and egress by persons, animals, or vehiclE:!s over the right of way. 4. TERMINATION OF 1994 RIGHT OF WAY. The parties hereby agree that the 1994 Right of Way is terminated and superceded by this Agreement. 5. SUCCESSORS. This asrreement will run with the land, and is binding upon and inures to the benefit of the parties, their heirs, successors and assigns, except as specifically limited herein. Reference herein to RGRC shall include their heirs, successors and assign~ who are Permitted Parties. 6. TERMINATION OF RIGHT OF WAY. This right of way agreement shall terminate upon a conveyance of the Chateau by RGRC to a person who is not a Permitted Party. A conveyance~ of a partial interest in the Chateau to a person who is not a Permitted Party will terminate the Agreement only as to that party. A re-conveyance of such interest back to a Permitted Party shall restore this agreement as to such Permitted Party. 7. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties, and same may be modified only in writing. The parties agree that this agreement shall be construed under the laws of the State of New York, and that in any action hereunder they waive trial by jury. The parties agree that this agreement may be recorded in the Suffolk County Clerk's Office. In witness whereof, the parties have """""':;i:k '&. ~.. ~~A-c;jtJ. )1 f? ~~ Pamela M. Ross Cha~~ W4~ ~J>.~ NancY"JR. Ross ~~ STATE OF CONNECTICUT, COUNTY or :;'~cL ;YPYt' m~_ On _ectt~ ~ , 2000, before me, the undersigned, a Notary Public in said State, personally appeared DAVID A. ROSS, personally known to me or to me on the basis of satisfactory evidence that he executed the same in capacity and that by his signature on the instrument, the individual, or person or entity upon behalf of which the individual acted, executed the instrument and that such individual made such appearance before-the.undersigned in the - ss. :~~ C r: IUS- OIJ and for proved his the "''''''-''''('''.,' .... f1c1a a/~n..('/<-. Notarv Public Eda Wolack ciJa ~~: /,;).31-00 David A. Ross Parcel SCHEDU~E A Alii that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the southeasterly corner of property formerly of Frederick A. Ross and Bette Ross, now RGRC, Suffolk County Tax Map # 1000-123.00-08.00-022.002, THENCE RUNNING along the l~asterly line of said land, the following two courses and distances: (1) North 11 degrees 05 minutes East 25.0 feet, (2) North 22 degrees 15 minutes East 179 feet to the ordinary high water mark of Deep Helle Creek; HIENCE RUNNING easterly along said line, the tie line being South 78 degrees 15 minutes East 65.34 feet; THENCE RUNNING South 11 degrees 05 minutes West 208.52 feet; THENCE South 13 degrees 00 minutes East to the ordinary high water mark of Great Pe,conic Bay; THENCE westerly along said high water mark, the tie line being North 78 degrees 39 minutes 40 seconds West, to land now or formerly of Goetz; THENCE along said land the following two courses and distances: (1) North 13 degrees 28 minutes West 70.00 feet, (2) North 11 degrees 05 minutes East 49.25 feet to a point on the southerly line of property fClrmerly of Frederick A. Ross and Bette Ross, Suffolk County Tax Map # 1000-123.00-08.00-022.002, THENCE along said line South 45 degrees 43 minutes East 26.30 feet to the point or pla.ce of BEGINNING. 30lross-a ,~,^ RGRC PARCEL SCHEDULE B. All that certain plot, piece or parcel of land, situate, lying land being at Marratooka Point at Mattituck in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument set on the northeasterly line of Bungalow Road, 136.48 feet southeasterly along said line from the southeasterly corner of lane! conveyed by Wilsberg to koof (1971) ; RUNNING THENCE along land ofthe party of the first part, three courses: 1. North 1 degree 33 minutes east 30.00 feet; 2. South 88 degrees 27 minutes east 63.00 feet; 3. North 22 degrees 15 minutes east 110.00 feet more or less to the ordinary high water mark of Deep Hole Creek; THENCE southeasterly along said high water mark 45 feet more or less to other land of Frederick A. Ross; THENCE along said land of Ross, two courses; 1. South 22 degrees 15. minutes west 180.00 feet more or less; 2. South 11 degrees 05 minutes west 25.00 feet; THENCE along said land of Ross and land of Wuttke north 45 degrees 43 minutes west 82.85 feet; THENCE along said land of Wuttke north 41 degrees 00 minutes west 59.07 feet; THENCE south 88 degrees 27 minutes east 31.00 feet to the point or place of BEGINNING. <VAR> Description of Right of Way SCHEDUl!E C All that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of property formerly of Frederick A. Ross and Bette Ross, now RGRC, Suffolk County Tax Map # 1000-123.00-08.00-022.002, said point being North 45 degrel~s 43 minutes West 14.35 feet from the southeasterly corner of said property, THENCE RUNNING southerly 10 feet east of and parallel to the southwesterly line of land of formerly of Frederick A. Ross, now of David A. Ross, Suffolk County Tax Map # 1000-123.00-08.00-024.001, thei following two courses and distances: (1) South 11 degrees 05 minutes West 40.53 feet, (2) South 13 degrees 28 minutes East 34.82 feet, to a point, THENCE easterly North 76 degrees 32 minutes East 15.00 feet to a point; THENCE southerly 25 feet east of and parallel to said southwesterly line South 13 de~lrees 28 minutes East 44.55 feet to the high water mark of Great Peconic Bay; THENCE westerly along said high water mark, the tie line being North 78 degrees 39 minutes 40 seconds,West 27.54 feet, to the southwesterly line of land of David A. Ross, Suffolk County Tax Map # 1000-123.00-08.00-024.001; THIENCE along said southwesterly line the following two courses and distances: (1) North 13 degrees 28 minutes West 70.00 feet, (2) North 11 degrees 05 minutes East 49.25 feet to a point on the southerly line of property formerly of Frederick A. Ross and Bette Ross, Suffolk County Tax Map # 1000-123.00-08.00-022.002, THENCE along said line South 45 Degrees 43 minutes East 11.95 feet to the point or . plac;e of BEGINNING. jT! , ],-, ,", 30/1'0ss-a i" I" ;"" ,-'; r': ,II '::) '1 ,'I.' "1:,1 I)) '.-) 1001 '.:', t +'::,! ;':;-"'::' )'1 ;-'j ;';-, '" "'; '1'1"':' ,r, '".'.1 . !.:~ ";;' ~2 J Number of pages TORRENS -:i,j Serial # , Certificate # -" .. "~"-' Prior Ctf. # -.-.~~J.::., Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps ~ FEES Page / Filing Fee ;1) ~ '-~- 5--- Mortgage Amt. Handling TP-584 I. Basic Tax 2. Additional Tax Notation EA-52 17 (County) EA-5217 (State) Sub Total 6/-- Sub Total Comm. of Ed. 50~ Spec.! Assit. Or Spec. / Add. R.P.T.S.A. ~-- Other Sub Total ~- S7J- TOT. MTG. TAX Dual Town Dual County Held for Apportionment Transfer Tax ~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Affidavit Certified Copy Reg. Copy GR.AND TOTAL S~amp , 'I C) 00 1;:;2 6 Community Preservation Fund Consideration Amount $ Real Property Tax Service Agency Verification Dist. Section Block CPF Tax Due $ Improved Vacant Land Y Satisfactions/Discharges/Releases List Property Owners Mailing Addres RECORD & RETURN TO: TD TD TD~' WI(HN~ I W/CK/-IA-rvl '13~t:?s.sLE'R ~c, 103/5 )'i,1ftlrJR0l'1b p.vJ80'i- 1'f2Y 111/4 IT live k. tV"; I \ g 5 ;;L 8 Title Company Information Co. Name e<9/11 0 €.J.T, Title # 0 7 00 CO(/' =:J Suffolk County Recording & Endorsement Page This page fonns part of the attached <s.>q5.!iimEIVT i'I &K. EE YI1e~ made by: (SPECIFY TYPE OF INSTRUMENf ) DA V I f) A, R oSG j PAYY1cL.4 JIV1. ftlOSThe premises herein is situated in e /h:r,( 1 es "flJ, G A cr' /J/ J(;1I(' V 1(. If 0 Sc, SUFFOLK COUNlY, NEW YORK. Plrvo C l'v/ / ~ J../f'h""': C A Ie.. vY1 <=~ I/\.l 'TO In the TO'M1Ship of SO UT H 0 I.-.D In the VILLAGE or HAMLET of /111LJ Ti /Tvc.. K BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) 111111111111 111111111111111111111111111111 1111111111111 1111111 111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Ins trumen t: EASEMENT /nop Number of Pages: 7 TRANSFER TAX NUMBER: 00-29348 Recorded: At: LIBER: PAGE: District: 1000 Deed Amount: Section: 123.00 EXAMINED AND $0.00 FOLLOWS Block: 08.00 CHARGED AS Received the Following Fees For Above Instrument Exempt NO Handling NO TP-584 NO Cert.Copies 'NO SCTM NO Comm.Pres Fees Paid Page/Filing COE Notation RPT Transfer t;;LX $21. 00 $5.00 $0.00 .$23.00 $0.00 TRANSFER TAX NUMBER: 00-29348 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 03/08/2001 09:21:31 AM 000012106 273 Lot: 022.002 $5.00 $5.00 $0.00 $0.00 $0.00 $59.00 Exempt NO NO NO NO NO