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HomeMy WebLinkAboutL 12730 P 354 11111111 IIII IIIII IIIII !1111 IIIII IIIII 11111 IIIII IIII IIII 1111111 Illll IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: LEASE - MEMO OF LEASE Recorded: 05/21/2013 Number of Pages: 12 At: 10:14:43 AM Receipt Number 13-0060433 TRANSFER TAX NiJI~ER: 12-23145 LIBER: D00012730 PAGE: 354 District: Section: Block: Lot: 1000 069.00 03.00 003.000 MORTGAGE TAX NUMBER: DE009952 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $60.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO Affidavit $0.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO ~'T $60.00 NO Transfer tax Comm.Pres $0.00 NO $0.00 NO Mort.Basic $0.00 NO Mort.Addl $0.00 NO Mort.SplAddl $0.00 NO Mort.SplAsst $0.00 NO Fees Paid $165.00 TRANSFER TAX NUMBER: 12-23145 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A SILL JUDITH A. PASCALE County Clerk, Suffolk County ' , ` 1 2 RECORDEG 2013 Mau 21 10:14:43 At9 Number of pages 1 JUCQTH A. PA5CALE TORRENS - CLERK OF Serial # SUFFtJLY,' COUNTY L GOOO127vO Certificate # F `54 DE009952 Prior Ctf. # GT# 12-23145 Deed .Mortgage Insuvment Deed /Mortgage Tax Stamp Recording /Filing Stamps 3 FEES Page /Filing Fec ~.Q ~ Mortgage Amt. 1. Basic Tax Handling 42 2. Additional Tax _ TP-584 ~ ~ Sub Total Spec. / Assit. NotaG00 - or EA-5217 (County) Sub Total Spec. /Add. TOT. MTG. TAX _ EA-5217 (State) Dual Town _ Dual County - R.P.T.S.A. HcldforAppointment ~ Transfer Tax Comm. of Ed. S. 00 C~ Mansion Tax e ~ti, ?9r O Affidavit o,~~~' The property covered by this motgage is or will be improved by a one or two Certified Copy fami3y dwelling only. ~ YES or NO Reg. Copy - Sub Total If NO, see appropria[c Fax clause on Other ~ Grand Total f r,~ page # of this instrument. 1000 4 District 2475827 1000 06900 0300 003000 5 Communit Preservation Fund C Real P Y s IIIl1111~111~1110~11111111111I~II 101I~11 Consideration Amonnt Property R DTY R Tax Service 03-MAY-1 CPF'I'ax Due $ Agency ~ Lnproved Verification Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address RCCORD & RETURN 'I'O: TD Return to: fllll~~Il~l1{I~Inllllllllllu TD s~e~o ~ ~ CSC Document Recording- ~ TD P.O. Box 3008 Tallahassee, FL 32315-3008 ~j ~ 7 TitEc Company Information CI Co. Name Title # g Suffa~k C~nnty ~ecort~~ng ~ ~ndu~sement gage This page forms part of the attached Groun Lease made by: (SPECIFY TYPE OF INSTRUMENT) ~~Ct~ ~ ~tt~'(`is~~Lm.t~~ The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southhold _l lr(M ~-fkc-~i--~1~~~~,-~~ In the VILLAG$ or HAMLET of BOXES C THROUGH 8 MUST BE TYPED OR PRINTED IN I3LACK INK ONLY PRIOR TO RECORDING OR FILING. {aver) ~ f .M Ground Lease Contract Number ~-000 Application Number 32354 Customer Number 5363562 This Ground Lease {the "Ground Lease") is made and entered into effective September 26, 2012, by and between khe Ground Lessor and Ground Lessee named below. RECITALS A. Ground Lessor is the owner of certain real property located in Suffolk County, New York; B. Ground Lessee desires to lease such property from Ground Lessor. NOW THEREFORE, in consideration of the mutual covenants contained herein, Ground Lessor and Ground Lessee hereby agree as follows: 1. CERTAIN TERMS. In this Ground Lease, the following terms shall have the following meanings: Ground Lessor: Home Rescue Solutions, Limited (please prim or type full suweJ Contact: Thomas Rosicki Phone: 516-731-7300 Address: 51 East Bethpage Road City: Plainview County: Nassau State: NY Zip Code: 11803 Ground Lessee: Farm Credit Leasing Services Corporation Interchange TOWer, Suite 300 _ 600 Highway 169 South Minneapolis, Minnesota 55426 Phone: (800} 444-2924 Real Estate: The real property described on the attached Exhibit A Street Address: 1270 County Road County: Suffolk City: Southold State: NY Commencement Date: Septcmber 26, 2012 Tcrm in Months: 300 Base Rent per scar: $300.00 . r 2. GRANT OF LEASE. In consideration of the rents and covenants to be paid and performed as herein provided by Ground Lessee, Ground Lessor hereby leases to Ground Lessee the Real Estate as described above, together with all improvements located thereon, all appurtenances thereto, and adequate right of access to a public and traveled roadway (the "Leased Premises"}. 3. TERM. (a) This Ground Lease shall commence on the Commencement Date and shall continue for the number of months described above (the "Term"), but shall be subject to early termination as provided in paragraph 3{b), below. The term "Lease Year" shall mean a successive period of twelve (12) calendar months beginning on the Commencement Date hereof and each anniversary hereafter during the Term. (b) Ground Lessor and Ground Lessee are parties to that certain Interim Funding Agreement dated as of September 26, 2012 for the contract number indicated above and pertaining to the construction of a certain facility described therein ("Facility") to be leased by Ground Lessee to Ground Lessor upon completion pursuant to a Facility Lease Agreement intended to be entered into by the parties {"Facility Lease"). This Ground Lease shall automatically terminate if both of the following are met: (a} the Facility Lease expires in accordance with its terms (without default thereunder an the part of Ground Lessor), and {b) Ground Lessor duly closes on the purchase of the Facility under any applicable purchase option provided by the Facility Lease or on other terms acceptable to Ground Lessee. 4. RENT. (a) The rent due hereunder shall be composed of base rent ("Base Rent"} and additional rent representing the reimbursement to Ground Lessor of real estate taxes and assessments ("Additional Rent") as described herein. Base Rent shall be payable in equal annual installments starting on the Commencement Date, and payable on each anniversary thereafter during the Term hereof. (b) Additional Rent for each Lease Year shall Ue real estate taxes and installments of special assessments reasonably allocable to the Leased Premises (as determined jointly by Ground Lessor and Lessee) that are due and payable during said Lease Year. Additional Rent shall be calculated annually at the end of each calendar year and paid together with the next maturing installment of Base Rent, except that Additional Rent for the final Lease Year shall be paid with the final installme~~t of Base Rent payable hereunder. For the f vial Lease Year, Additional Rent shall be paid only for that portion of the calendar year preceding the termination of this Ground Lease. Ground Lessor shall invoice Ground Lessee all amounts of Base Rent and Additional Rent due hereunder. 2 5. USE; IMPROVEMENTS. Ground Lessee may use the Leased Premises for any lawful purpose. Ground Lessee shall be entitled to construct improvements an the Leased Premises in any manner allowed by law. Ground Lessee shall have the right but not the obligation to remove such improvements at any time during the term of this Ground Lease. All improvements, fixtures, and Facility constructed, installed or placed on the Leased Premises by Ground Lessee shall remain the sole property of Ground Lessee. b. SUBLEASE. Ground Lessee may freely transfer or assign this Ground Lease or any interest in this Ground Lease or sublet the Leased Premises and improvements thereon, or any portions ar parts thereof, without the consent of Ground Lessor. 7. INSURANCE. Ground Lessee shall maintain or cause to be maintained hazard and liability insurance customary and appropriate for the use and operation of the Leased Premises and improvements thereon. 8. LIENS. Ground Lessee agrees that it will keep or cause to be kept the Leased Premises free and clear of mechanics, laborers or materialmen's liens and other liens of a similar nature which may arise in connection with work of any type performed an the Leased Premises by ar at the direction of the Ground Lessee; provided, however, that the Ground Lessee shall have the right to contest the validity or the amount of any such lien or claim of lien. On final determination of such lien or claim of lien, the Ground Lessee shall immediately pay any judgment rendered against Ground Lessee with all proper costs and charges and shall have the lien released or judgment satisfied at the Ground Lessee's expense. 9. TAXES; PRIOR LIENS. Ground Lessor shall pay all taxes and assessments and any other amounts due on account of any lien or encumbrance affecting the Leased Premises ar affecting any larger parcel of which the Leased Premises are a part. Ground Lessor shall immediately provide to Ground Lessee copies of each assessment or tax valuation notice received by Ground Lessor affecting the Leased Premises. Ground Lessor shall assume and pay any tax, assessment or charge levied against or measured by the Base Rent andlor other amounts payable by Ground Lessee pursuant to this Ground Lease. 10. QUIET ENJOYMENT. Ground Lessor represents, warrants and covenants that, subject to Ground Lessor's remedies in case of any breach of this Ground Lease by Ground Lessee, Ground Lessee shall have and enjoy quiet and undisturbed possession of the Leased Premises during the Term. 1 1. UTILITIES; ACCESS. Ground LessoE- represents and warrants to Ground Lessee that gas, ciech-icity, water, heat, scwa~e and other utilities are available to the Leased Premises. Ground Lessee shall he entitled to access over, upon and across any other land owned by Ground Lessor in order to gain access to such utilities. The Leased Pre~i~ises have free and full access to and from all adjaiiut~g streets, roads and highways, and there is »a pending or threatened actia~~ which would impair such access. 3 i2. CONDEMNATION. (a) In the event of the taking or condemnation by any competent authority for any public or quasi-public use or purpose of any or all of the Leased Premises at any time during the lease term, the rights of Ground Lessor and Ground Lessee to share in the net proceeds of any award for land, buildings, improvements and damages upon such taking, shall be as follows and in the following order or priority: (i} Ground Lessee shall be entitled to receive, with interest thereon, that portion of the award as shall represent compensation for the value of the improvements and any property of Ground Lessee, and relocation expenses of Ground Lessee, if any {collectively, the "Improvement's Value"}, Ground Lessee shall also be entitled to other costs awarded in the condemnation proceeding proportionately attributable to such lmprovement's Value. (ii) Ground Lessor shall be entitled to receive that portion of the award as shall represent compensation for the value of the Leased Premises, considered as vacant and unimproved land, such value being hereinafter referred to as the "Land Value". (iii) Ground Lessee shall be entitled to the balance of the award, if any. {b) If title to the whole of the Leased Premises shall cease and terminate, then all rental, additional rent and other charges hereunder shall be apportioned as of the date of vesting of title in such taking or condemnation proceedings. (c) In the event of a partial taking or condemnation, i.e., a taking or condemnation of less than ail of the Leased Premises, then Ground Lessee, at its option, may cancel and terninate this Ground Lease as of the date of vesting of title in such taking or condemnation proceedings, the net rental and other cl~arges thereunder to be apportioned as of the date of termination and the Ground Lessee to be discharged from responsibility to restore the Leased Premises. If Ground Lessee does not terminate this Ground Lease, this Ground Lease shall continue, but with a proportionate abatement of the Base Rent and Additional Rent based on the portion of the Leased Premises taken. The award for the said taking or condemnation shall be used and paid as follows and in the following priority: {i) First, so much as shall be necessary to repair and restore the improvements as nearly as reasonably passible to the condition existing prior to the taking or condemnation. The Ground Lessee shall undertake its work of repair and restoration as soon as shall be reasonably practical. {ii} Second, the balance shall be shared by Ground Lessor and Ground Lessee in the same proportion that they would have shared in the award balance were there to leave been a taki~~g or condemnation of the whole of the Leased Premises. 4 13. DAMAGE OR DESTRUCTION. Ground Lessee shall not have any obligation to repair and/or rebuild any improvements on the Leased Premises following damage by fire or other casualty or cause. Following any material damage to any such improvements by fire or other casualty Ground Lessee shall within a reasonable time either repair the same, secure the same in a safe condition or raze or remove such portion, if any, that will not be so repaired or secured, or any combination of the foregoing as Ground Lessee may elect in its absolute discretion. If Ground Lessee elects not to repair or replace such improvements, Facility or other property placed upon the Leased Premises, Ground Lessee, at its option, may cancel and terminate this Ground Lease. 14. GROUND LESSOR REPRESENTATIONS. Ground Lessor represents and warrants to Ground Lessee that: (a) Authority. Ground Lessor has full right and authority to enter into this Graund Lease and perform the Ground Lessor's obligations under this Lease as of the commencement of the teen hereof and has good, marketable and insurable title to the Leased Premises in fee simple, free and clear of all restrictions, leases, tenancies, and easements; (b} Condemnation; Dedication. Ground Lessor has not received any notice, nor is it aware of any pending action to take by condemnation all or any portion of the Leased Premises, nor has Ground Lessor agreed ar committed to dedicate any part of the Leased Premises For any street, easement or public purpose. (c} Violations. To the best of Ground Lessor's knowledge, the Leased Premises are not in violation of airy local governmental rule, ordinance, regulation ar building code, nor is there a pending or threatened investigation regarding a passible violation of any of the foregoing. 15. ENVI1tONMENTAL MATTERS. (a} Representation and Warranties re Follution. Ground Lessor hereby represents and warrants to Ground Lessee that after due investigation it has no knowledge of (i) the presence on the date of this Graund Lease of petroleum or natural gas products, polychlorinated biphenyls or asbestos or the presence of any hazardous, toxic or radioactive waste, subskance, mixture, pollutant or contaminant as dcfi3~cd by any federal, state or local laws, regulations, ordinances or order ("hazardous wastes") an the Leased Premises; (ii} the generation, storage, release, disposal or discharge of a~ly hazardous waste an or onto the Leased Premises or any part thereof, or (iii) any improper transportation or disposal of hazardous wastes from a facility ar site located on any part of the Leased Premises. (h) Tanks. There arc not now and were not at any time during wl~ich Ground Lessor or its affiliates had any interest in the Leased Premises, nor to the best 5 of Ground Lessor's knowledge, have there ever been, any above-ground or underground storage tanks located in, on or under the Leased Premises. {c) Representation and Warranties re Law Compliance. Ground Lessor hereby represents and warrants to Ground Lessee that after due investigation it has no knowledge of any failure as of the date of this Ground Lease to comply with any applicable federal, state or local laws, regulations, ordinances or orders relating to the generation, recycling, reuse, sale, storage, handling, transport, disposal, and discharge or hazardous wastes on the Leased Premises. (d) Representations and Warranties re Diligence. Ground Lessor hereby represents and warrants that prior to making the foregoing representations and warranties it investigated the present and past uses of the Lease Premises and, where appropriate, made due inquiry of appropriate governmental units, and reviewed the provisions of the laws, regulations, ordinances and orders which might be relevant and material in making these representations and warranties. (e) Covenant re Law Compliance. Ground Lessor hereby promises and agrees to comply, at its sole expe~lse, with all present and future federal state and local laws, regulations, ordinances and orders re}acing to the generation, storage, release, transport, disposal, discharge, remediation, or removal of any substance, mixture, pollutant or contaminant which is now or hereafter may be classified as hazardous waste. (fj Covenant re Notification. Ground Lessor hereby promises and agrees to immediately notify Ground Lessee if it becomes aware of the presence of any hazardous wastes upon the Leased Premises on or adjacent property, or any liability of it or any of its principals with respect thereto, or of any lie~~, notice, action, order or proceeding relating thereto. {g) Indemnity. Ground Lessor hereby promises a3~d agrees to indemnify, defend and hold harmless Ground Lessee and its agents, successors, assigns, and participants from and against any and all claims, losses, liabilities (including damages, fines, penalties, judgments, awards and orders of any governmental unit or in favor of any individual, organization or governmental unit), costs and expenses, including reasonable attorney fees and other defense costs, of any kind or nature whatsoever which directly or indirectly arise from or relate to an environmental claim or loss of- any kind, including but not limited to, the following: {a) the inaccuracy of the foregoing representations and warranties, (b) the failure to perform tl~e foregoing promises, {c) the activities of any individ~~al organization or governmental unit upon the: Leased Premises duri~~g ownership, possession or control of the Leased Premises by Ground Lessor which result in unlawful storage, discharge or release of h~~zardous wastes onto the I:.cased Premises, and (d) the costs of remcciiation andlor removal and p~•oper disposal of all hazardous wastes from the Leased Premises. 6 (h) Survival. The obligations of Ground Lessor under this Paragraph 15, are unconditional in nature and are intended to continue in full force and effective, notwithstanding any possession of the Leased Premises {or any part thereof] by Ground Lessee. Ground Lessor acknowledges and agrees that its representations, warranties, promises and agreements in this Ground Lease are separate and distinct from its obligations under the Lease Agreement of even date herewith between the parties. The indemnity contained in this Ground Lease will bind and inure to the benef t of the successors and assigns of the parties. 16. POSSESSION UPON TERMINATION. The Ground Lessee agrees with Ground Lessor that upon termination of this Ground Lease, whether by lapse of time or because of any of the conditions or provisions contained herein, the Ground Lessee will peaceably and quietly yield up and surrender possession of the Leased Premises to Ground Lessor in their then as-is condition subject, however, to Ground Lessee's right to remove improvements, fixtures and Facility as provided in paragraph 5, above. 17. FURTHER ASSURANCES. The Ground Lessor at its own expenses will promptly and duly execute and deliver to the Ground Lessee such documents, conveyances and assurances and take such further action as the Ground Lessee may from time to time reasonably request in order to establish and protect the rights and remedies created or intended to be created in favor of the Ground Lessee, and to establish and perfect the Ground Lessee's interest in the Leased Premises. Ground Lessee may, at its option, record this Ground Lease or any memorandum hereof, which Ground Lessor hereby agrees ro execute and deliver promptly upon request. 1 S. TRANSFER OF LAND. Ground Lessor shall not (voluntarily or involuntarily) sell, transfer, convey ar assign its interest in the Leased Premises unless (i} Ground Lessor gives Ground Lessee written notice thereof at least thirty (34) days prior to any sale, transfer, conveyance or assignment; and (ii) the buyer, transferee or assignee enters into an agreement with Ground Lessee in which the buyer, transferee ar assignee assumes the Ground Lessor's interest in and obligations under this Ground Lease. 19. GROUND LESSEE'S DEFAULT. In the event of default hereunder by Ground Lessee, Ground Lessor, sixty (60) days after written notice, may exercise its remedies provided by law, unless during said sixty (60) day period Ground Lessee has cured the default specified in said notice. 20. GROUND LESSOR'S DEFAUL"h. In the event of any breach or default by Ground Lessor under this Ground Lease, which continues for a period of thirty (30) days after notice thereof from Ground Lessee (or ~vithaut notice in case of an emergency), tllcn in addition to all other rights and remedies of Ground Lessee under this Ground Lease and at law or equity, Gro~inc! Lessee may {but shall not be obligated ta) cure such breach on behalf of Ground Lessor a3~d upon demand by Ground Lessee, Ground Lessor shall promptly pay to Ground Lessee the costs and expenses of such cure. Ali costs and expcnscs incurred or advanced by Ground Lessee under any provision of this Ground Lease to cure any default by Ground 7 Lessor shall bear interest from the date Ground Lessee advances payment thereof until payment in full by Ground Lessor a per annum rate equal to 2% over the Prime or Base Rate of Interest published from time to time in the Midwest Edition of the Wall Street Journal under the heading "Money Rates" but not in excess of the maximum rate permitted by law. If Ground Lessor fails to pay any sums due Ground Lessee under this Ground Lease within thirty (30) days after demand, Ground Lessee, at its option, may offset such amount against subsequent payments of Base Rent or other amounts due hereunder or to become due hereunder until the amount owed, plus interest. 21. NOTICES. All notices and invoices required or permitted under the terms and provisions hereof shall be in writing and any such notice shall become effective when delivered or on the day sent prepaid at straight rates by telex, telegram or telecopier or on the second business day after deposit in the United States mail, with proper postage and first class mail prepaid, addressed to either Ground Lessee or Ground Lessor at their respective addresses listed above. 22. MISCELLANEOUS. {a) Airy provision of this Ground Lease which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceable in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, the Ground Lessee hereby waives any provision of law which renders any provision hereof prohibited or unenforceable in any respect. (b) No term or provision of this Ground Lease may be changed, amended, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which the enforcement of the change, amendment, waiver, discharge or termination is sought. {c) The captions in this Ground Lease are for convenience or reference only and shall not define or limit any of the terns or provision thereof. (d) This Ground Lease shall in all respects he governed by, and construed in accorda~~ce with, the laws of the State of which the Leased Premises are located including all matters of construction, validity and performance. S ~ ~ ~ 4. EXECUTED effective as of the da and ear first above written. Y Y FARM CREDIT LEASING SERVICES HOME RESC E SOLU IONS, LIMITF~D CORPORATION sy: -~r Cynth' Rosicki . By. p~ Its: esident Its: Leasing Services S ialist III B Y• Thomas Rosicki Its: Secretary THIS INSTRUMENT WAS DRAFTED BY: Farm Credit Leasing Services Corporation Interchange Tower, Suite 300 60D Highway 169 South Minnea olis, Minnesota 55426 p l State of MINNESOTA County o hisay of , 201, before me, a Notary Public within and for County, personally appeared Kathleen Fragale to me personally known to e the Leasing Services Specialist I I1 of Farm Credit Leasing Services Corporation, and to me personally known to be the person who executed the within and foregoing instrument on behalf of said corporation, and, who being duly sworn did acknowledge said instrument to be the free act and deed of said co oration. Given under m hand and notarial seal thiso~, da of 20l . Y Y N Pu lic ry ota b My Commission Expires: SUSAN MARY BQO1N Notary Public off! Mir~r~esota My Gommisston Expires 01/31/2015 9 i , t , r CORPORATE ACKNOWLEDGMENT STATE OF NEW YORK ) 35.. coUNTY of .~UaS~a J ) On the ~ day of r ~ in the year oZ013 ,before me personally came Tliorrias Rosicki to in/e~1 nown, who, being by m.e duly sworn, did depose and say that he resides in /UaSSk y {_.OV ~ ~y ;that he is khe Secretary of _ Home Rescue Solutions, Limited ,the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that if was so affixed by authority of the board of directors of said corporation, and that he signed his name thereto by like authority. J a[~ Given under my hand an notarial seal this day of r CRAIG J. WOf_FSON Notary pubFic, State Ot New Yark No. 02W05084349 Qualified 1n Nassau Gounty Commission Expires September 2, 20 ~ Notary Public CORPORATE ACKNOWLEDGMENT STATE OF NEW YORK } } ss.. } COUNTY OF /~a S.S~ On the 1~ day of f ; ~ in the yeat~01~ , before me personally came Cynthia Rosicki to me known, wlio, being by me duly sworn, did depose and say that she resides in ./UtcSSaJ COrJn~l ~ ;that she is the President of Home Rescue Solutio_ns~, Li_n~iteci_ ,the corporation described in and which executed the above instnunent; that she knows the seal of said corporation; that the seal af{~ixed to said instrument is such corporate sea]; that it was so affixed by authority of the board of directors of said corporation, and that she signed her naive thereto by like authority. Given wider my hand ~n »otarial seal this ~ day of ~'1' ~ ~1~ , CRAIG J. WOLFSON Notary Public, State Ot New York No. 02W05084349 Qualified fifes September 2, 2013 Notary Public Commission Exp 10 I • ~r ~ ' , ~ 1, . t • ~ EXHIBIT A The following property in the County of Suffolk, State of New York: District 100© SeGtipn 0&8.00 t3lock 03.00 Lot p03.000 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and S#ate of New ' Yark, bounded and described as follows: ' TBEGI_NNiNG_at a.Aont.o~.the,Southeaster_y Ilne.of.Middle,Road, 27,9.62 feet..Nor#heasterly~along.~a~~~,. Southeasterly line frorn Ackerfy Pond Lane, said point of beginning being the Northerly corner of land now ar formerly of f3oroski; #ram said paint of teginning running along said Southeasterly line of Middle Road, North 2t degrees 28 minutes 50 seconds East, 78.0 feet; RtJNNiNG THENCE along land now or formerly of Donahue, South 55 degrees 52 i'ninufes 00 seconds East, 593.03 feet to land of the tong Island Railroad Company; ~ THENCE southwesterly along sa'Id land on a curve to the left having a radius of 2889.54 feet, a distance of 79.16 feet to said land now or formerly of Ooroski; THENCE along said land, North 55 degrees 52 minutes 00 seconds West, 554.21'fee# to the poin# or placo of BEG[NNlNG. i i i