HomeMy WebLinkAboutL 12082 P 876 WELL EASEMENT
AGREEMENT made this~o'~tay of Scptombcr, 2000, between CLIFFORD C.
COP, NELL, JR. and LORRAINE COP, NELL, his wife, owners of hereinafter referred to
as Parcel I and described below, both residing at 22 Wright Road, Rockville Center, New
York, parties of the first part, and CLIFFORD C. CORNELL and RUTH CORNELL, his
wife, owners of the parcel hereinafter referred to and described below as Parcel II both
residing at P.O. Box 910, (No/t) Shellfisher Road, Southold, New York, parties of the
second part;
Now, therefore, in consideration of Ten ($10.00) each to the other paid and the
receipt of which is hereby acknowledged and other good and valuable consideration the
party of the first part hereby grants and conveys unto the party of the second part, their
heirs, successors and assigns which shall come into title to said Parcel II an easement for
the continued maintenance and use of the well which provide the domestic water supply
to said Parcel II, including but not limited to, the privilege and right to draw water fi:om
the well constructed in the well location, and to lay, install, repair and maintain the well
and water lines located in the Well Easement Area in order to supply a portion of the
water fi:om said well. It is fucker mutually a~ecd and understood as follows:
1. The cost of maintenance and repair of said well shall be bom solely by the
party of the second part, heirs, successors or assigns.
2. In the event that the party of the second part, their heirs, successors or
assigns shall elect to install a new well on Parcel II, this easement shall
automatically terminate and cease to exist upon the occurrence of the new
well being put into service.
3. Nothing contained herein shall obligate the party of the second part, their
heirs, successors or assigns to drill a new well on said Parcel H.
DESCRIPTION OF EASEMENT
ALL that certain piece or parcel of land being at Bayview, Town of Southold, County of
Suffolk and State of New York, being more particularly bounded and described as
follows:
BEGINNING at a point at the southeast comer of Lot 2 and the northeast comer
of Lot I Map of Plock Shellfish Preserve filed with the Suffolk County Clerk on June 14,
1995 as Map No. 9700;
THENCE along the easterly line of lot 1 South 08 degrees 33 minutes 49 seconds
West 362.00 feet to a point;
THENCE through Lot 1 the following two courses and distances;
1. North 81 degrees 26 minutes 11 seconds West 12.00 feet to a point;
2. North 08 degrees 33 minutes 49 seconds East 362.00 feet to a point and
the southerly line of Lot 2;
THENCE along the southerly line of Lot 2 South 81 degrees 26 minutes 11
seconds East 12.00 feet to the point and place of BEGINNING.
DESCRIPTION OF PARCELS OWNED BY THE PARTIES
PARCEL I (.party of the first part)
ALL that certain plot, piece or parcel of land, with the building and improvements
thereon erected, situate, lying and being in Bayview, Town of Southold, County of
Suffolk and State of New York, known and designated as and by Lot Number 1 as shown
on a certain map entitled "Map of Plock Shellfisher Preserve" and filed in the Suffolk
County Clerk's Office on June 14, 1995, as Map No. 9700 (Suffolk County Tax Map
Number: District 1000, Section 079.00, Block 05.00 and Lot 020.008)
PARCEL II (party of the second part)
ALL that certain piece or parcel of real property, situate lying and being in Bayview,
Town of Southold, County of Suffolk and State of New York, known and designated as
and by Lot Number 2 as shown on a certain map entitled."Map ofPlock Shellfisher
Preserve" and filed in the Suffolk County Clerk's Office on June 14, 1995, as Map No.
9700 (Suffolk County Tax Map Number: District 1000, Section 079.00, Block 05.00 and
Lot 020.009), more particularly described as follows:
BEGINNING at a point on the southwesterly comer of the premises about to be described
herein, where the same is intersected by the division line between Lots 2 and 3 on the
aforesaid Map; said point or place of Beginning being also the following 15 courses,
curves and distances from the comer formed by the intersection of the Easterly side of a
right of way with the northerly side of North Bayview Road;
1) North 08 degrees 33 minutes 49 seconds West 1091.15 feet;
2) Southeasterly along the arc of a curve bearing to the right having a radius of 85.00
feet a distance of 131.16 feet;
3) South 83 degrees 01 minutes 21 seconds East 161.72 feet;
4) Northeasterly along the arc of a curve bearing to the left having a radius of
175.00 feet a distance of 270.04 feet;
5) North 08 degrees 33 minutes 49 seconds East 87.10 feet;
6) South 72 degrees 06 minutes 13 seconds West 30.48 feet;
7) Northerly along the arc of a curve bearing to the left having a radius of 165.00
feet a distance of 62.03 feet;
8) Northerly along the arc of a curve bearing to the right having a radius 270.00 feet
a distance of 164.80 feet;
9) Northerly along the arc of a curve baring to the left having a radius of 480.00 feet
a distance of 144.09 feet;
10) North 21 degrees 39 minutes 55 seconds West 40.00 feet;
1 I) Northerly along the arc of a curve bearing to the right having a radius of 170.00
feet a distance of 106.01 feet;
12) North 14 degrees 03 minutes 49 seconds East 27.33 feet;
13) South 81 degrees 26 minutes 11 seconds East I0.00 feet;
14) North 14 degrees 03 minutes 49 seconds East 30.00 feet;
15) North 81 degrees 26 minutes 11 seconds West 25.07 feet to the tree point or place
of BEGINNING.
RUNNING THENCE from point or place of beginning along the division line between
Lots 2 and 3, North 14 degrees 03 minutes 49 seconds East 326.12 feet to the mean high
water mark of Shelter Island Sound;
THENCE along the mean high water mark of Shelter Island Sound the following two
courses and distances:
1) South 87 degrees 23 minutes 13 seconds East 159.90 feet;
2) South 88 degrees 45 minutes 03 seconds East 62.15 feet to the westerly side of
land now or formerly of George P. Dunn and others;
THENCE along said last mentioned land, South 08 degrees 33 minutes 49 seconds West
349.11 feet to the division line between Lots 1 and 2 and;
THENCE along said last mentioned division line and along the northerly terminus of a
right of way, North 81 degrees 26 minutes 11 seconds West 251.94 feet to the point or
place of BEGINNING.
This is a Correction Amended Well Easement correc~.~.//'/~.~W/~
ing Well Easement made between Clifford C. Co~,~:
Jr and Lorraine COrnell and Clifford C. Cornel~l~f~C. Come11,
and Ruth Cornell, dated 9/16/99 and recorded on,
9/20/99 in Liber 11989 page 903, wherein Well
Easement omitted Schedule "B", Consent of
Mortgagee/Lienor, and should have included Lorraine Comell
Sche~ule "B", Consent of Mortgagee/Lienor.
Incall other respects, the original Well
Easement between the parties is confirmed and
ratified. '
Clh~r~ C. Comell - -
Ruth Comell