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HomeMy WebLinkAboutL 12757 P 784 1111111 IIII IIIII IIIII IIIII IIIII VIII IIIII IIIII IIII IIII 1111111 IIIII IIIII III! IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 12/24/2013 Number of Pages: 12 At: 12:03:43 PM Receipt Number : 13-0164826 TRANSFER TAX NUMBER: 13-14332 LIBER: D00012757 PAGE: 784 District: Section: Block: Lot: 1000 007.00 03.00 004.000 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 TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $15.00 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $180.00 TRANSFER TAX NUMBER: 13-14332 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages t' 1 RECORDED 2013 Dec 24 12:03;43 PM JUDITH H. PASCALE This document will be public CLERK OF record. Please remove all , SUFFOLK COUNT'r' L D0001275 P 7@4 DT# 13-14332 Stamp'- Recording / Filing Stamps Page/ Fiiing Fee ! Mortgage Amt. 1. Basic Tax , Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. -or ~ I" z EA-52 17 (County) Sub Total ' U Spec. /Add. EA-5217 (State) i TOT. MTG. TAX - a Dual Town Dual County R.P.T.S.A. _ _•"L~,, Held for Appointment Comm. of Ed. 5. 00 Transfer Tax • • Mansion Tax Affidavit qY fied Copy R~ The property covered by this mortgage is or will be improved by a one, or two SurtlrSf_ge 15. 00 family dwelling only. Sub Total YES or N0. . Other Grand Total If NO, see appropriate tax clause on page # of this in ru e~nn .nn 2638046 2000 00700 0300 004000 4 Dist. 1 5TT IIIIIII~IIIII~II I~~II~I~I~III~IIIIIIIIII •.000 5 Community Preservation Fund R CWH A l f J Real Property 23-DECA Consideration Amount $ Tax Service Agency J CPF Tax Due $ , Verification _ Improved- 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land STEPHEN L. HAM, III, ESQ. TD 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 L www.suffolkcountyny.gov/clerk Title # 8 Suffolk Count Recording & Endorsement Page This page forms part of the attached EASEMENT AGREEMENT made by: (SPECIFY TYPE OF INSTRUMENT) FISHERS ISLAND WATER WORKS The premises herein is situated in CORPORATION 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 Easement Agreement Between Fishers Island Water Works Corporation A New York corporation, As Grantor, and Fishers Island Development Corporation, A New York corporation, As Grantee, Dated December 1, 2012 ~W0004 ]-Active.] 1545588.4 EASEMENT AGREEMENT This EASEMENT AGREEMENT is entered into this 1st day of December, 2012, between Fishers Island Water Works Corporation, a New York corporation 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 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, Grantor is the owner in fee of the parcel of real property (the "Property") described in Exhibit A attached hereto and incorporated by reference herein located on Fishers Island, in the Town of Southold, Suffolk County, New York; WHEREAS, in order to improve the safety of persons using the private roads owned and operated by Grantee on Fishers Island, Grantee wishes to permit the construction, operation and maintenance of an extension to the recreational path on Fishers Island (including the extension contemplated hereby, 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, safety will be improved if the Path is permitted to cross the Property; and WHEREAS, Grantor is willing to permit construction, of the Path on the Property in accordance with the design, plans and specifications prepared by CME Associates, PLLC, attached hereto as Exhibit B, and the operation and maintenance thereof, NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the parties agree as follows: 1. Grant of Easement. Grantor grants to Grantee and its successors and assigns a perpetual easement over the Property on the terms contained in this Easement Agreement (the "Easement"). The Easement shall encumber the Property to the extent reasonably necessary to permit the construction, operation and maintenance of a paved (or, if indicated on Exhibit B, boardwalk) recreational path up to eight feet in width, having shoulders with reasonable grades, including appropriate clearing, grading, and excavation to subsoil, and appropriate drainage, signage, guardrails, retaining walls, seeding, and planting as shown on Exhibit B, as it may be modified pursuant to Section 4.1(a) hereof. 2. Purpose. The sole purpose of the Easement is to permit the construction, operation, maintenance and use of the Path on the Property in the locations specified on Exhibit B, as it may be modified pursuant to Section 4.1(a) hereof. 093330.0041-04041-Active. 11645588.4 1 3. Reserved Rights. Grantor reserves for itself and its successors in interest and assigns all rights with respect to the Property or any part thereof, including without limitation the right of exclusive possession and enjoyment of the Property or any part thereof and the right to sell, transfer, lease, mortgage or otherwise encumber the Property or any part thereof, as owner, subject to the terms set forth in this Easement Agreement. Except as hereinafter provided, the Easement does not grant the general public any right to enter upon any part of the Property. 4. Restrictions Applicable to the Property. With respect to the Path where it crosses the Property, Grantee agrees, at its sole cost and expense, and without cost or expense to Grantor: 4.1(a) Construction. (i) To insure that all permits and approvals required under all municipal, state and federal ordinances, statues, laws and regulations for the construction and operation of the Path are obtained, (ii) not to permit construction of the Path 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 have been obtained, and (iii) not to permit the Path to be constructed except substantially in accordance therewith and with Exhibit B, with such changes therein as may be approved by Grantee and, to the extent materially affecting the Property, by Grantor. Grantee hereby gives Grantor notice of the commencement of construction on December 1, 2012.. 4.1(b) Operation. To permit the Easement to be used solely for the purpose of providing a recreational path for use by residents of the Hamlet of Fishers Island and the rest of the Town of Southold, New York and their guests, and the construction, operation and maintenance thereof; provided, however, that no motorized vehicles of any kind shall be permitted to use the Path except for maintenance purposes. 4.2 Insurance. To maintain or cause to be maintained at all times general liability insurance with respect to accidents and occurrences involving bodily injury, death or property damage on or about the Path where it crosses the Property, in an amount not less than the insurance carried for the benefit of Grantee with respect to the Path where it crosses lands owned by Grantee, but not in any case less than $6,000,000 ($1,000,000 primary per occurrence, $5,000,000 aggregate annual excess), naming Grantor and its transferees, successors and assigns as additional parties insured, with waiver of subrogation by the underwriters except with respect to claims arising out of acts or omissions by Grantor or its employees or agents. Grantee will deliver to Grantor annually certificates of the underwriters as to the existence of such insurance and the payment of premiums thereon and will cause the underwriters to give Grantor 30 days' notice of any cancellation or nonrenewal of such insurance. 4.3 Environmental impact. To ensure that all clearing of trees and vegetation and all grading, excavation and construction shall be conducted in conformity with all applicable permits and to take reasonable steps to follow sound land and forest management practices to minimize erosion and adverse impacts on natural resources. Grantee will take or cause to be taken reasonable and appropriate steps to restore any material damage to the Property beyond the area reasonably required for the construction, operation and maintenance of the Path. 493330-0041-00041-Active.11645588A 2 5. Grantor's Remedies for Violation of Easement 5.1 Notice of Violation; Corrective Action. If either party determines that a violation of the terms of this Easement Agreement has occurred or is threatened, such party shall give written notice to the other of such violation or threatened violation and demand corrective action sufficient to cure the violation or threatened violation. 5.2 Scope of Relief. The parties agree that their remedies at law for any violation of the terms of this Easement Agreement are inadequate and that each shall be entitled to the injunctive relief, both prohibitive and mandatory, in addition to such other relief to which it may be entitled, including specific performance of the terms of this Easement Agreement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Section 5 shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. 5.3 Costs of Enforcement. All reasonable costs incurred in enforcing the terms of this Easement Agreement, including, without limitation, costs and expenses of litigation or other dispute resolution and reasonable attorneys' fees and expenses, and any costs of curative action necessitated by violation of the terms of this Easement Agreement, shall be borne by the party violating its terms. 5.4 Forbearance. No forbearance to exercise, and no delay in exercising, any rights under this Easement Agreement in the event of any breach of any term hereof shall be deemed or construed to be a waiver of such term or of any rights under this Easement Agreement or at law or in equity 5.5 Waiver of Certain Defenses. The parties hereby waive any defense of laches, estoppel or prescription. 5.6 Effect of Transfers. After any subdivision of the Property into parcels having differing ownership, references in Section 5 to Grantor shall mean any or all of the owners of the parcel that is subject to this Easement and the subject of a violation. 6. Amendment. This Easement Agreement may only be amended by a recorded instrument signed by the then owner of the Property (or of the parcel of the Property affected by such amendment) and by Grantee. 7. Costs, Liabilities, Taxes and Environmental Compliance 7.1 Grantor to Pay Taxes and Assessments. To the extent required by law, the owner of the Property or any part thereof shall pay all taxes and assessments lawfully assessed against the Property or such part. 7.2 Control. Nothing in this Easement Agreement shall be construed as giving rise to any right or ability in Grantee to exercise physical or managerial control over the day-to-day operations of the Property other than the control, maintenance and operation of the Path, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA") or other applicable law. 093330.0041-00041-Adive.11645598.4 3 8. Sale, Transfer and Subdivision of the Property 8.1 Required Language in Future Deeds, Mortgages and Leases. Any subsequent conveyance of any interest in the Property, including without limitation any transfer, lease or mortgage of the Property or any parcel thereof, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This [conveyance, lease, mortgage, easement, etc.] is subject to an Easement which runs with the land and which was granted to Grantee by an Easement Agreement dated , 2009, and recorded in the Suffolk County Clerk's Office on , 2009, at Liber , Page The failure to include such language shall not affect the validity or applicability of the Easement. 8.2 Easement Binding on Grantor's Successors and Assigns. The provisions of this Easement Agreement shall run with the land and shall be binding on Grantor and its successors and assigns and any party entitled to possession or use of the Property or any portion thereof while such party is entitled to possession or use thereof 8.3 Discharge of Grantor upon Transfer. In the event any Grantor or any successor or assign transfers fee ownership of all or any portion of the Property, such Grantor or such successor or assign shall be discharged from all obligations and liabilities under this Easement Agreement with respect to such portion transferred, except for acts or omissions which occurred during such person's period of ownership. 8.4 Notice and Effect of Subdivision. Upon a lot line adjustment or subdivision of the Property into two or more parcels of land having differing ownership, the conveying owner or owners shall give notice of such conveyance to Grantee. Except as provided hereby, regardless of whether such notice is given, after any such subdivision this Easement Agreement shall be deemed to create separate easements on each such parcel, and references in this Easement Agreement to the Property shall be deemed to refer to each such parcel, references to the Grantor or to the owner or owners of the Property shall, as to each such parcel, be deemed to refer to the owner or owners of such parcel, and no owner of any parcel shall have any responsibility or liability to Grantee for any violation of this Easement Agreement which may occur on any other parcel of the Property. 9. Miscellaneous Provisions. 9.1 Transfer and Assignment by Grantee. This Easement Agreement and any interest herein may be transferred or assigned by Grantee to Fishers Island Recreational Path Foundation, a Delaware not-for-profit corporation, or to any other person, firm or corporation without the consent of Grantor; provided, however, that so long as the Fishers Island Water Works Corporation is the owner of the Property, no transfer to any such other person, firm or corporation shall be made without the consent of Grantor, such consent not to be unreasonably withheld or delayed, and provided further, that that no such transfer or assignment shall relieve Grantee of any of its liabilities or obligations hereunder.. 9.2 Acts beyond the Parties' Control. Grantor and Grantee shall not be under any duty to prevent, and shall not be liable for, any violations of this Easement Agreement caused by natural processes, by disasters, by force majeure, including, without limitation, fire, flood, storm and earth movement, or by any prudent action taken by either party under ~ -00041-Active. 11645588.4 4 emergency conditions to prevent, abate or mitigate significant injury to the Property resulting from such causes, or by third parties whose presence on the Property has not been authorized by the Grantor or Grantee 9.3 Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and sent by certified mail, return receipt requested (or by such other means as the parties may agree), addressed as set forth in the first paragraph of this Easement Agreement, or to such other address as either party may from time to time designate by written notice to the other. Any such notice shall be deemed effective three days after posting in the U.S. Mail. 9.4 Severability. Invalidation of any provision of this Easement Agreement, 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. 9.5 Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Easement, all of which are merged herein. 9.6 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, assigns, personal representatives and heirs. 9.7 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. 9.8 Counterparts. The parties may execute this instrument in two 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. 9.9 Existing Conditions. The Easement is granted subject to any existing conditions. x-00041-Active.] 1645588.4 5 IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first above written. Grantor: FISHERS ISLAND WATER WORKS CORPORATIO By Grantee: ?CYI ZeGf 5(jrf~~a y FISHERS ISLAND DEVELOPMENT CORPORATION By Mor~ 6a a ~lOr1 ~PS~ ~ 093330-004100041-Actiml 1645588.4 6 STATE OF Voa } ss.: COUNTY ) On the o.~ ay of~a 64e- , in the year 2012 before me, the undersigned, personally appeared & C= hjAu , personal~ly.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. Notary Public r KARLA S. HEATH NOTARY PUBLIC, STATE OF NEW YORK NO. 01 HE6222563 STATE OF NEW YORK) QUALIFIED IN SUFFOLK COUNTY V COMMISSION EXPIRES 0512412014 SS.: COUNTY OF SUFFOLK) On the o2- day of &L4y&,g, , in the year 2012 before me, the undersigned, personally appeared . , personally known to me or proved to me on the basis of satisfactory evidence to be the indi idual whose name is subscribed to the within instrument and acknowledged to me that she a ecuted the same in her capacity, and that by her signature on the instrument, the individ or person upon behalf of which the individual acted, executed the instrument. Notary Public KARLA S. HEATH ` NOTARY PUBLIC, STATE OF NEW YORK NO. 01 HE6222563 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 05/24/2014 w 093330-064140041-Aaive.11645588.4 i EXHIBIT A Description of the Property All that certain plot, piece or parcel of land, situated, lying and being in the Town of Southold, Suffolk County, New York, owned by Grantor and shown on Exhibit B, which is known, shown and designated as Tax Lot #1000-007.00-03.00-004.000 on the Suffolk County Tax Map and more particularly described as follows:: BEGINNING at a point in the Westerly line of a private road of the grantor, which point is one thousand four seventy-one and thirty-five hundredths feet North of a point which is one hundred nineteen and fourteen hundredths feet East of a monument marking the U.S. 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 45 degrees 17 minutes 26 seconds East of North Dumpling Light in Fishers Island Sound); and running thence Northerly on a curve to the left with a radius of one hundred thirty-six and thirty-eight hundredths feet a distance measured along the arc of thirty-nine and sixty-one hundredths feet to a point; thence North 14 degrees 24 minutes 40 seconds West; two hundred thirty-eight and four hundredths feet to a point; thence Northerly on a curve to the right with a radius of four hundred ninety-nine and four hundredths feet a distance measured along the are of three hundred thirty-two and forty-three hundredths feet; thence North 23 degrees 45 minutes 20 seconds East one hundred fifteen and forty-six hundredths feet to a point; thence Northerly on a curve to the left with a radius of one thousand one hundred eighty-two and thirty-three hundredths feet, a distance measured along the arc of two hundred eighty-two and sixty-six hundredths feet to a point; thence North 10 degrees 03 minutes 30 seconds East twenty-two and fourteen hundredths feet to a point; thence Northerly on a curve to the right with a radius of one hundred ninety-three and nineteen hundredths feet a distance measured along the arc of about thirty feet, the last seven courses following along the Westerly line of said private road of the grantor; thence North 81 degrees 28 minutes 00 seconds West fifty-six and fifty-nine hundredths feet; thence North 24 degrees 22 minutes 40 seconds West ninety-seven and five hundredths feet to a point, the last three courses bounding North- easterly on a parcel of land conveyed by Fishers Island Corporation to Albert G. Davis by deed dated January 30, 1933, recorded in the Office of the Clerk of Suffolk County on February 3, 1933 in Liber 1696 of Deeds, page 357; thence South 14 degrees 00 minutes 40 seconds West one hundred twenty feet more or less to the shore of Barlow Pond; thence generally Southerly along the Easterly shore of said Barlow's Pond about nine hundred thirty feet; thence South 54 degrees 00 minutes 00 seconds East about one hundred ninety feet; thence South 78 degrees 30 minutes 00 seconds East one hundred thirty and no hundredths feet to the point of beginning; containing four and eighteen hundredths acres, more or less. ~ -00041-Active. l 1645588A ii EXHIBIT B See attached "Path Design and Layout," sheet labeled C-3 , prepared by CME Associates, PLLC. x -OW4 1 -Active. 11645588.4 l I l • LC Ix, 41 e ilk ,i III l I ! ssl l i 4 4 ! 1; ~ _ I l !r ! ' I ` i:N , I + 1 i all !I 1 1 + I I ` 11 ,\_Z-~ P \ , -t 9 to I [ ~~i JJ; y r *f t Y fan onT~ - [[Y~,~OM[ O1[OLY00/M["f ?II4 W N DOW 0a AS3otliLGi EAgiilERittg, OWL +na~ sr~~ n •e iw. a r may w PAM Land 0 FISHERS ISLAND D~EVEELOPMEN7 Arrhitoctut~PLL,C M ~ as MYr~KaarW~o~s L g PATH DESIGN AND LAYOUT ¦,....,...r... «.w« N