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Home My WebLink AboutL 12757 P 783 11111111 IIII VIII VIII VIII 11111 VIII VIII VIII IIII 1111 1111111111111111 IlllIIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 12/24/2013 Number of Pages: 20 At: 12:03:43 PM Receipt Number : 13-0164826 TRANSFER TAX NUMBER: 13-14331 LIBER: D00012757 PAGE: 783 District: Section: Block: Lot: 1000 007.00 03.00 003.019 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $100.00 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 $25.00 NO RPT $180.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $350.00 TRANSFER TAX NUMBER: 13-14331 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 F RECORDED Number of pages 2013 Dec 24 12:03:43 P14 JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all, L D00012757 F Social Security Numbers DT# 13-14331 prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording /Filing Stamps 3 FEES Page/ Filing Fee f 'Mortgage Amt " 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation SpecJAssit, , - / or, EA 52 17 (County) Sub Total f{ Spec./A'dd. TOT. MTG. TAX EA-521.7-(State) " O Dual Town Dual County /Ri(:P.T.S.A.Held for Appointment CbmrKof Ed. 5.'00 Transfer Tax " Mansion Tax Affidavit The property covered by this mortgage is Certified Copy or -will be• improved by a• one. or two Surc are 15. 00 family dwelling only. NYS 9 Sub Total YES or NO Other d Total = I~~ If NO, see appropriate tax clause on Gran . page # of this instrument, 4 Dist. 100( 2638052 ~Q 9 5 Community PreservationTu'nd Real Property /4 P ~T Illllllllllllllllf IIIIIIIII~IIIIII~IIIIIIII Consideration Amount $ II I II II 1111 l 1 Tax Service `i R CWH A Agency 23-DEC-1 CPF Tax Due $ Verification _ _ __,~.-•.r__ _ _ Improved 6 Satisfactions/Discharges/Releases List Property Owndrs Mailing Address RECORD & RETURN TO: Vacant Land TD STEPHEN L. HAM, III, ESQ. MATTHEWS & HAM TD 38 NUGENT STREET SOUTHAMPTON, NY 11968 TD Mail to: Judith A. Pascale, Suffolk'County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name h i o 1 -e_ www.suffolkcountyny.gov/clerk Title # 3 170 _ g Suffolk Count Recording & Endorsement Page This page forms part of the attached AMENDMENT TO EASEMENT AGREEMENT made by: (SPECIFY TYPE OF INSTRUMENT) THE HENRY L. FERGUSON MUSEUM The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD FISHERS ISLAND DEVELOPMENT In the VILLAGE CORPORATION or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over PT S Stat ID: 2638052 R CWFi A 23-DEC-13 Tax Maps District District Secton Block Lot School District 1000 00700 0300 003019 FISHERS ISLAND 1000 00700 0300 012001 FISHERS ISLAND 1000 00700 0300 013000 AMENDMENT Dated December 1, 2012 To the Easement Agreement Dated September 25, 2009 Between The Henry L. Ferguson Museum, A New York not-for profit corporation, As Grantor, And Fishers Island Development Corporation, A New York corporation, As Grantee AMENDMENT To EASEMENT AGREEMENT This Amendment entered into this 1" day of December, 2012, to the Easement Agreement (the "Agreement"), dated September 25, 2009, between The Henry L. Ferguson Museum, a New York not-for-profit corporation having its address at [no Equestrian Avenue, Fishers Island, New York 06390, and its mailing address at P. O. Box 554, Fishers Island, New York 06390, as grantor ("Grantor"), and Fishers Island Development Corporation, a New York corporation ("FIDCO"), having its address at [no Equestrian Avenue, Fishers Island, New York 06390, and its mailing address at P. O. Drawer E, Fishers Island, New York 06390, New York 06390, as grantee ("Grantee"). Recitals: WHEREAS in order to improve the safety of persons using the private roads owned and operated by Grantee on Fishers Island, Grantor and Grantee wish to enable the construction, operation and maintenance of an extension to the recreational path on Fishers Island (the "Path") for use by residents of the Hamlet of Fishers Island as well as other residents of the Town of Southold, New York (including the Hamlets of Cutchogue, East Marion, Laurel, Mattituck, New Suffolk, Orient, Peconic and Southold and the Incorporated Village of Greenport); WHEREAS, Grantor and Grantee entered into the Agreement for the construction, operation and maintenance of the Path on the parcels of real property described in Exhibit A attached to the Agreement located on Fishers Island, in the Town of Southold, Suffolk County, New York; WHEREAS, safety will be further improved if the Path is extended to the parcels of real property described in Exhibit A.I attached hereto; and WHEREAS, Grantor and Grantee wish to amend the Agreement to permit construction of the Path on the additional parcels owned by Grantor described in Exhibit A.1 hereto, in accordance with the design, plans and specifications prepared by CME Associates, PLLC, attached hereto as Exhibit B.I and, to the extent applicable, in accordance with the letter agreement, dated September 25, 2009, among Grantor, Grantee and Fishers Island Recreational Path Foundation, and to permit the operation and maintenance of the Path extension NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the parties agree as follows: 1. Amendment of Exhibit A, definition of "Property." Grantor and Grantee hereby agree to amend (a) Exhibit A attached to the Agreement by the addition thereto of the parcels of real property described in Exhibit A. I attached hereto located on Fishers Island, in the Town of Southold, Suffolk County, New York, and (b) the definitions of the "Property" as used in the Agreement to incorporate the foregoing amendment to Exhibit A and the definition of the "Path", as so used, to include the portions of the recreational path constructed pursuant to this Amendment on the parcels described in Exhibit A. I hereto. 2. Modification of Exhibit B. Grantor and Grantee agree that Exhibit B attached to the Agreement shall be amended by adding thereto the design, plans and specifications for the parcels described in Exhibit A.1 hereto prepared by CME Associates, PLLC and attached hereto as Exhibit B.1. 3. Construction. Grantee agrees, at its sole cost and expense, and without cost or expense to Grantor, (i) to insure that all permits and approvals required under all municipal, state and federal ordinances, statutes, laws and regulations for the construction and operation of the Path on the properties described in Exhibit A. I hereto are obtained, (ii) not to permit construction of the Path on such properties to be commenced until all permits and approvals required under all applicable municipal, state and federal ordinances, statutes, laws and regulations for the construction of the Path on such properties have been obtained; and (iii) not to permit the Path to be constructed thereon except substantially in accordance therewith and with Exhibit B.1, with such changes therein as may be approved by Grantee and Grantor. 4. Other Terms. Grantor and Grantee agree that, except as explicitly provided herein, all terms and conditions contained in the Agreement shall apply to the Property and the Path (as modified and amended hereby). 5. Miscellaneous Provisions. 5.1 Severability. Invalidation of any provision of this Amendment, by court judgment or order, statute or otherwise, shall not affect the validity of any other provisions, which shall be and remain in full force and effect. 5.2 Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the amendment of the Agreement and supersedes all prior discussions, negotiations, understandings or agreements relating to the amendment of the Agreement, all of which are merged herein. 5.3 Successors. The covenants, terms, conditions and restrictions of this instrument shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, permitted assigns, personal representatives and heirs. 5.4 Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 5.5 Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 2 IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first above written. Grantor: THE H. L. FERGUSON MUSEUM Bye., f I. Ift 4 Grantee: FISHERS ISLAND DEVELOPMENT CORPORATION By IYV M44K 04-JKO4 , PA6r ODE'#Vr- 043 330-004 1-4004 1-Active.13501555.1 3 STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK ) 13 On the /0 day o , in the year 20,Wbefore me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual or person upon behalf of which the individual acted, executed the instrument. KARLA S. HEATH NOTARY PUBLIC, STATE OF NEW YORK NO. 01 HE6222563 No ' Public QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 05/24/2014 STATE OF NEW YORK) SS.. COUNTY OF SUFFOLK) J On the 4 day of in the year 2012 before me, the undersigned, personally appeared D , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual or person upon behalf of which the individual acted, executed the instrument. C~/ Public KARLA S. HEATH NOTARY PUBLIC, STATE OF NEW YORK N0.01HE6222563 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 05/24/2014 I Exhibit A.1 Description of Additional Parcels of the ProperU All those certain plots, pieces or parcels of land, situated, lying and being in the Town of Southold, Suffolk County, New York, owned by Grantor and shown on Exhibit B-1, which are known, shown and designated on the Map of Fishers Island Development Corporation filed in the Office of the Suffolk County Clerk on September 25, 1991 as Map No. A421 as follows: Block 33, Lot 1: ALL that certain plot, piece or parcel of land lying and being on Fishers Island, Town of Southold, County of Suffolk and State of New York, more specifically bounded and described as follows: BEGINNING at an iron pipe set on the northwesterly line or side of the main road to the East End, said iron pipe being situate North 1471.35 feet to a point which is East 119.14 feet of U.S. Coast and Geodetic Survey Triangulation Station "NIN" and: RUNNING THENCE from said point of beginning along the northwesterly line or side of the road to the East End of the following three (3) courses and distances: 1. On the arc of a curve to the right with a radius of 136.38 feet and whose chord is North 37 degrees 46 minutes 20 seconds West a distance of 57.48 feet: 2. South 26 degrees 22 minutes 40 seconds West 194.00 feet to a point: 3. On the arc of a curve to the Right with a radius of 400.12 feet and whose chord is North 63 degrees 37 minutes 20 seconds West a distance of 223.22 feet to an iron pipe set on the northeasterly side of a 50 foot private road or easement: RUNNING THENCE North 33 degrees 54 minutes 06 seconds West along the northeasterly line or side of said private road or easement 197.01 feet to an iron pipe and other lands of the grantor: RUNNING THENCE North 42 degrees 16 minutes 54 seconds East along said other lands of the grantor 343.72 feet to lands of Fishers Island Water Works, and: RUNNING THENCE South 78 degrees 30 minutes 00 seconds East along said last mentioned lands 130 feet to the point or place of BEGINNING. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads adjoining the above described premises to the center lines thereon, ii Block 34, Lots 14 and 15: A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point in the easterly line of East End Road, said point being located 1623.38 feet North of a point which is 137.46 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN' ; and RUNNING THENCE North 14° 24' 40" West 133.92 feet to a point of curve to the right having a radius of 449.04 feet and the direction of whose radius at that point is North 75° 35' 20" East; THENCE northwardly, following the arc of said curve, 299.12 feet to a point; THENCE North 23° 45' 20" East 115.46 feet to a point of curve to the left having a radius of 1232.33 feet and the direction of whose radius at that point is North 66° 14' 40" West; THENCE continuing northwardly, following the arc of said curve, 294.60 feet to a point; THENCE North 10° 03' 30" East 22.14 feet to a point of curve to the right having a radius of 143.19 feet and the direction of whose radius at that point is South 79° 56' 30" East; THENCE northeastwardly, following the arc of said curve, 156.12 feet to a point; THENCE North 72° 31' 40" East 147.69 feet to a point of curve to the right having a radius of 170.33 feet and the direction of whose radius at that point is South 17° 28' 20" East; THENCE eastwardly, following the arc of said curve, 132.42 feet to a point; THENCE South 62° 55' 40" East 63.15 feet to a point of curve to the left having a radius of 250.21 feet and the direction of whose radius at that point is North 27° 04' 20"East; THENCE continuing eastwardly, following the arc of said curve, 128.22 feet to a point; THENCE North 87° 42' 40" East 211.60 feet to a point, the last eleven lines running along the easterly, southeasterly and southerly line of said East End Road; THENCE South 02° 17' 20" East 33.00 feet to the shore of Island Pond; THENCE southwesterly, northwesterly and southwesterly along said shore 2,000 feet, more or less, to land now or formerly of Winchester F. Hotchkiss, Jr.; 111 THENCE North 7V 45' 26" West 249.71 feet along said Hotchkiss land to the point of BEGINNING. Containing 4.35 Acres, more or less. Block 34, Lot 16: The parcels of land located on Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a point in the Southerly line of a road fifty feet in width, said point being two thousand five hundred fifty-two and five hundredths feet North of a point which is one thousand twenty-two and ninety-five hundredths feet East of a monument marking the United States Coast and-Geodetic Survey Triangulation Station "NIN" (which said "NIN" monument is located near the Western end of a ridge overlooking the South shore of Fishers Island and on the highest point between Chocomount and Mount Prospect and lies South forty-five degrees seventeen minutes and twenty-six seconds East of North Dumpling light in Fishers Island South); and running thence along the Southerly side of said road North eighty-seven degrees forty-two minutes forty seconds East one hundred eighty-five and fifty-one hundredths feet to a point of curve to the left whose radius is four hundred forty-one and sixty-seven hundredths feet and the direction of whose radius at that point is North two degrees seventeen minutes twenty seconds West; thence following along the Southerly side of said road on the are of said curve a distance of forty-two and forty-nine hundredths feet ; thence South seven degrees forty-eight minutes and no seconds East five and no hundredths feet to a point on the shore of Island Pond; thence following the meanders of said shore line (1) South nineteen degrees fifteen minutes and no seconds West ninety-eight and eighty-eight hundredths feet, (2) South thirty-two degrees twenty-five minutes and no seconds East two hundred thirty-seven and ten hundredths feet, (3) South twelve degrees twenty-two minutes and no seconds West one hundred four and forty hundredths feet, (4) South forty degrees forty-seven minutes and no seconds East one hundred fifty-six and thirteen hundredths feet, (5) South no degrees twenty-five minutes and no seconds East eighty-three and sixty hundredths feet, (6) South fifty-one degrees thirty-five minutes and no seconds West one hundred forty-one and sixty hundredths feet, and (7) South sixty-seven degrees thirteen minutes and no seconds West two hundred thirty-nine and twenty hundredths feet to a stake; thence leaving said shore line North two degrees four minutes and no seconds East five hundred six and thirty hundredths feet to a point on the shore of Island Pond; thence following the meanders of said shore line (1) North sixty-eight degrees thirteen minutes and no seconds East one hundred seventeen and eleven hundredths feet; (2) North ten degrees seven minutes and no seconds West thirty-eight and eighty-four hundredths feet, (3) North sixty-four degrees forty-three minutes and no seconds West eighty-seven and seventy-three hundredths feet, (4) North no degrees seventeen minutes and no seconds East seventy-two and fifty-three hundredths feet, and (5) North sixty-six degrees twenty-one minutes and no seconds West one hundred twenty-five and forty hundredths feet to a stake; and thence North two degrees seventeen minutes twenty seconds West thirty- three and no hundredths feet to the point of beginning; containing three and fifty-seven hundredths, more or less. And as follows: iv BEGINNING at a point on the shore of Island Pond, said point being two thousand two hundred seventy-seven and eight hundredths feet North of a point which is one thousand one hundred sixteen and eighteen hundredths feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "MN" which said "WIN" monument is located near the western end of a ridge overlooking the South shore of Fishers Island and on the highest point between Chocomount and Mount Prospect and lies South forty-five degrees seventeen minutes and twenty-six seconds East of North Dumpling Light in Fishers Island Sound), said point of beginning being a corner of property belonging now or formerly to Erard A. Matthiessen; thence leaving said shore line and running along a line of land belonging now or formerly to Erard A. Matthiessen South two degrees four minutes and no seconds West five hundred six and thirty hundredths feet to a point on the shore of Island Pond; thence along said shore line in a general southwesterly, westerly and northerly direction about nine hundred eighty feet to a stake; thence following the meanders of said shore line: (1) North thirty-six degrees fifty-seven minutes and no seconds East ninety-nine and sixty-three hundredths feet; (2) North seventy-one degrees twenty- nine minutes and no seconds East ninety-four and eight-five hundredths feet; and (3) North eighty degrees twenty-nine minutes and no seconds East one hundred forty-eight and twenty-five hundredths feet to the point or place of beginning, containing four and thirty hundredths acres more or less. v Exhibit B.1 Plans and Specifications for additional parcels of the Property See attached "Path Design and Layout" sheets labeled C-2, C-3, C-4, C-6 and C-9. prepared by CME Associates PLLC. iii r lie Eli 1`~w t a log - 3 Lk I 4 1 UaS 4 111 r, ~ OR - g ~ lip ~ 9pq f FOR q 111 t I 11 l ~ i 3. p L y area III ~ ~ ~ Ila -9 sa 2~ I r 1 I fit ! 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