HomeMy WebLinkAboutL 12853 P 643 Ilifil IV Ilifi Ilifi IIIAIIIAVIII1111111111111111111
1111111 I I 11111111 I I I 11111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 02/23/2016
Number of Pages: 13 At: 02 :44:28 PM
Receipt Number : 16-0026702
TRANSFER TAX NUMBER: 15-20555 LIBER: 000012853
PAGE: 643
District: Section: Block: Lot:
1000 008.00 02. 00 003.001
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $100. 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $65 . 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 $16 .25 NO RPT $200. 00 NO
Transfer tax $0. 00 NO Comm.Pres $0. 00 NO
Fees Paid $326.25
TRANSFER TAX NUMBER: 15-20555
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
1 2
•
Number of pages RECORDED
2016 Feb 23 02:44:28 PM
JUDITH P. PPSCPLE
CLERK OF
This document will be public SUFFOLK COUNTY
record.Please remove all L D000t2853
Social Security Numbers P 643
DT# 15-20555
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 I FEES
Mortgage Amt.
Page/Filing Fee
1.Basic Tax
Handling 20. 00
�Inn 2. Additional Tax
TP-584 5,W Sub Total
Spec./Assit.
Notation
or
EA-52 17(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A. �`� VW Dual Town Dual County _
`' /)'•a Held for Appointment
Comm.of Ed. 5. 00 1'
Transfer Tax
+, Lel . Mansion Tax
Affidavit
The property covered by this mortgage is
Certified Copy _9-16),a� or will be improved by a one or two
arge 15. 00 family dwelling only.
Sub Total YES or NO
Other /� /,,3
Grand Total J�w If N0, see appropriate tax clause on
page# of this instrument. •
I
/7' )- 4
4 I Dist. non!c.....;-- nno nn - ^ " " 001 5 Community Preservation Fund
3098561 1000 00800 0200 003001
Real Propen
I Consideration Amount$ 100
Tax Service RTS
Agency R T A 1IIO I� 1111II�I��II�I�IIlf�tfll1I11ll llll CPF Tax Due $
Verification 11-FEB-16
7
Satisfac,._.._.._.__, Improved
6 • „,........c.�urnLoNeny owners Mailing Address
RECORD&RETURN TO: Vacant Land
STEPHEN L.HAM,III,ESQ. TD )0
MATTHEWS&HAM TD
38 NUGENT STREET
SOUTHAMPTON,NY 1 I 96 TD
Mail to:Juditl4 A. Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name C_1 11Ciio TiH�
www.suffolkcountyny.gov/clerk
Title# 3003q1
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached EASEMENT AGREEMENT made
by: (SPECIFY TYPE OF INSTRUMENT)
ONE DAY,LLC The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of SOUTHOLD
FISHERS ISLAND UTILITY COMPANY, INC., THE FISHERS In the VILLAGE
ISLAND ELECTRIC CORFORATIONFISHERS ISLAND =PHONE
CORPORATION. FISHERS ISLAND WATER WORKS CORPORA-1I014 HAMLET of FISHERS ISLAND
and FISHERS ISLAND DEVELOPMENT CORPORATION
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
3003X-7-1-
EASEMENT AGREEMENT 4-11
THIS EASEMENT AGREEMENT ("Agreement"), made this day of January,
2016, by ONE DAY, LLC, a Delaware limited liability company having an address of 238
Curwen Road, Rosemont, Pennsylvania 19010 ("Grantor"), to FISHERS ISLAND UTILITY
COMPANY, INC., a New York corporation ("Utility"), THE FISHERS ISLAND ELECTRIC
CORPORATION, a New York corporation ("Electric"), FISHERS ISLAND TELEPHONE
CORPORATION, a New York corporation ("Telephone"), FISHERS ISLAND WATER
WORKS CORPORATION, a New York corporation ("Water"), and FISHERS ISLAND
DEVELOPMENT CORPORATION, a New York corporation ("FIDCO"), each of Utility,
Electric, Telephone, Water and FIDCO having an address of 161 Oriental Avenue, P. 0. Drawer
E, Fishers Island, New York 06390.
BACKGROUND
WHEREAS, Grantor is the owner in fee simple of a tract of land situate in Suffolk
County,New York, as more particularly described on Exhibit A attached hereto (the "Property");
and
WHEREAS, each of Utility, Electric, Telephone and Water is a public utility company
in the State of New York, engaged in furnishing utility service to subscribers in the State of New
York; and
WHEREAS, Utility, Electric, Telephone and Water are referred to collectively as the
"Utility Companies" and individually as a "Utility Company"; and
WHEREAS, Electric installed an electrical box and certain appurtenant electrical
equipment (the "Electric Facilities") on the Property in the location shown on Exhibit B hereto
(the "Electric Facilities Area"); and
WHEREAS, Water installed a 4" water main (the "Water Main") on the Property in the
location shown on Exhibit B hereof(the "Water Main Area"); and
WHEREAS, Telephone installed a telephone box and certain appurtenant equipment(the
"Telephone Facilities") on the Property in the location shown on Exhibit B hereto (the
"Telephone Facilities Area"); and
WHEREAS, an unpaved access road on the Property in the location shown on Exhibit B
hereto connects a road owned and maintained by FIDCO with a right-of-way serving properties
in the vicinity of the Property (the "Access Road"); and
WHEREAS, each Utility Company has requested an easement from Grantor to maintain
and access its equipment and FIDCO has requested an easement from Grantor to use and
maintain the Access Road; and
77127067.1
WHEREAS, Grantor is willing to grant such easements, on the terms and conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual agreements and covenants herein
contained, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as
follows:
AGREEMENTS
1. Incorporation of Background Paragraphs. The foregoing Background paragraphs
are incorporated herein by this reference as if fully set forth herein.
2. Electric Facilities Easement. Grantor hereby grants unto Electric an easement to
use, operate, maintain, repair and replace (but not expand) the Electrical Facilities in the Electric
Facilities Area.
3. Water Main Easement. Grantor hereby grants unto Water an easement to use,
operate, maintain, repair and replace (but not expand)the Water Main in the Water Main Area.
4. Telephone Facilities Easement. Grantor hereby grants unto Telephone an
easement to use, operate, maintain, repair and replace (but not expand) the Telephone Facilities
in the Telephone Facilities Area.
5. Access Road Easement. Grantor hereby grants unto all of the Utility Companies
and FIDCO an easement to use, maintain and repair(but not expand, enlarge or pave)the Access
Road in its current location.
6. Easements Run with Land. The easements hereby granted shall be covenants
running with the Property, binding upon Grantor, its successors and assigns, and inuring to the
benefit of each of Utility, Water, Telephone, Electric and FIDCO, as applicable, and their
respective successors and assigns.
7. Maintenance, Construction Obligations and Obligation to Restore Grantor's
Property. Any Utility Company or FIDCO entering the Property to exercise its rights under this
Agreement shall perform all work on its easement area in a good and diligent and workmanlike
manner, in compliance with all applicable laws and at its sole cost. Upon completion of any
such work, such Utility Company or FIDCO shall promptly restore any portion of the Property
disturbed by such work as nearly as may be reasonably practicable to the same condition as
existed prior to the performance of such work, including, but not limited to, as applicable,
seeding with grass, and replacing any disturbed plantings. Each Utility Company and FIDCO is
solely responsible for the security, control and maintenance of any of its equipment located in its
easement area. Grantor has no duty whatsoever with respect to (i) any property of any Utility
Company or FIDCO located on the Property; (ii) any entry by any Utility Company or FIDCO
on the Property pursuant to this Agreement; or (iii) the maintenance and condition of any portion
of the Property over which any Utility Company or FIDCO may exercise its easement rights
hereunder.
77127067.1 2
•
8. Indemnification. The Utility Companies shall jointly and severally indemnify,
• defend and hold harmless Grantor from and against all claims, demands, losses, damages, costs
and expenses (including reasonable attorneys' fees and costs) arising out of the Utility
Companies' exercise of the rights granted to each of them hereunder and FIDCO shall
indemnify, defend and hold harmless Grantor from and against all claims, demands, losses,
damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of
FIDCO's exercise of the rights granted to it hereunder.
9. Insurance. Each Utility Company and FIDCO shall maintain commercial general
liability insurance in an amount of not less than $1,000,000 combined single limit per
occurrence, covering any entry by it on the Property.
10. Notice. All notices or other communications made pursuant to this Agreement
shall be in writing and shall be sent by U.S. certified mail, postage prepaid, return receipt
requested; or by nationally recognized overnight carrier, addressed as follows:
If to Grantor: One Day, LLC
238 Curwen Road
Rosemont, PA 19010
Attention: Carol Bradbeer
With copy to: Drinker Biddle & Reath LLP
One Logan Square, Suite 2000
Philadelphia, PA 19103
Attn: David A. Ebby, Esq.
If to Utility Companies Fishers Island Utility Company, Inc.
or FIDCO: Fishers Island Telephone Corporation
Fishers Island Water Works Corporation
The Fishers Island Electric Corporation
Fishers Island Development Corporation
161 Oriental Avenue
Drawer E
Fishers Island, NY 06390
Attn: Chris Finan
or to such other address as the addressee may have specified in a written notice duly given to the
sender as provided herein. All notices shall be deemed given upon receipt or refusal, as
applicable. •
11. Amendment. This Agreement cannot be amended except by written amendment
signed by both parties hereto.
12. Attorneys' Fees. In the event of any dispute hereunder, the prevailing party shall
be entitled to recover its actual and reasonable attorneys' fees from the non-prevailing party.
13. Time of Essence. Time shall be of the essence in this Agreement with respect to
all matters of performance set forth herein.
77127067.1 3
14. Applicable Law. This Agreement shall be construed according to the laws of the
• State of New York.
15. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, and all such counterparts shall together constitute one
and the same document.
16. Binding_ Effect. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns, and shall run with the
land.
[Remainder of Page Intentionally Blank;Signatures Follow Immediately]
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77127067.1 4
' IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby,
have executed this Agreement the day and year first above written.
GRANTOR:
ONE DAY, LLC
By: 413----
Carol H. Bradbeer, Manager
(141
CO OF P IA)
ss.
COUNTY OF
YIV14 44_,)
flC
On the day of January in the year 2016 before me, the undersigned, personally appeared
Carol Bradbeer 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 she executed the same in her capacity, and that by her signature on the instrument, the
individual,or the person upon behalf of which the individual acted, executed the instrument, and
that uch indiviclual made such appearance before the undersigned in the !v0.
s4-(Ai in the C: :_ . ; - - - _• . r; elm) T
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[signatures continued on following pages]
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77127067.1
UTILITY:
FISHERS ISLAND UTILITY COMPANY, INC.
By: -I
J. + 'stopher F , President
STATE OF NEW YORK
:SS
COUNTY OF SUFFOLK
On the ebZ day of January, in the year 2016, before me, the undersigned,
personally appeared J. Christopher Finan, 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 executed the same in his capacity, and that by his signature on
the instrument, the individual or the person upon behalf of which the individual acted, executed
the instrument.
Notary Public 67c Y '
br iel S 41d0r..z 3
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77127067.1
ELECTRIC:
THE FISHERS ISLAND ELECTRIC
CORPORATION
By:
J. C stopher Finan, President
STATE OF NEW YORK •
:SS
COUNTY OF SUFFOLK
On the /cP4 day of January, in the year 2016, before me, the undersigned,
personally appeared J. Christopher Finan, 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 executed the same in his capacity, and that by his signature on
the instrument, the individual or the person upon behalf of which the individual acted, executed
the instrument.
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77127067.1
5 ,
TELEPHONE:
FISHERS ISLAND TELEPHONE
CORPORATION
BY: AinsiP
L°
hristopher Finan, President
STATE OF NEW YORK •
:SS
COUNTY OF SUFFOLK
On the ibiL day of January, in the year 2016, before me, the undersigned,
personally appeared J. Christopher Finan, 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 executed the same in his capacity, and that by his signature on
the instrument, the individual or the person upon behalf of which the individual acted, executed
the instrument.
Notary Public 06704 i8
KOlrs H e c 4`U►t 1v.)-o s,C63
1-: "fit %..70
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77127667.1
WATER:
FISHERS ISLAND WATER WORKS
CORPORATION
By: CJ
J. Itc 'stopher Finan, President
STATE OF NEW YORK •
:SS
COUNTY OF SUFFOLK :
On the /pj day of January, in the year 2016, before me, the undersigned,
personally appeared J. Christopher Finan, 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 executed the same in his capacity, and that by his signature on
the instrument, the individual or the person upon behalf of which the individual acted, executed
the instrument.
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77127067.1
FIDCO:
FISHERS ISLAND DEVELOPMENT
CORPORATION
B �
Y•
Philip B. Weymouth III , President
STATE OF NEW YORK •
Nei ori :SS
COUNTY OF�K—
On the 17L day of January, in the year 2016, before me, the undersigned,
personally appeared Philip B. Weymouth III, 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 executed the same in his capacity, and that by his
signature on the instrument, the individual or the person upon behalf of which the individual
acted,executed the instrument.
otary Public
BOSTON aMtYi pipp
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county
My Aslan Exp Noy t9,2018
77127067.
EXHIBIT A
ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, in the
Town of Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a stone monument set on the southerly side of a road 40 feet wide, said
monument being 1338.36 feet south of a point which is 1701.97 feet west of another monument
marking the U.S. Coast and Geodetic Survey Triangulation Station "Chocomount 2" and said
monument being also the point where the westerly line of land of Right of Way for driveway and
utilities of Chocomount, LLC intersects the southerly side of aforesaid road and from said point
of beginning;
RUNNING THENCE from said point or place of beginning along said last mentioned Right of
Way the following 2 courses and distances:
1) South 22 degrees 56 minutes 40 seconds East 202.81 feet
2) South 50 degrees 34 minutes 20 seconds East 263.61 feet to land now or formerly of
Chocomount, LLC;
RUNNING THENCE along said last mentioned land South 38 degrees 57 minutes 30 seconds
West 120.00 feet to land now or formerly of Jane F. Geniesse;
RUNNING THENCE along said last mentioned land the following 3 courses and distances:
1)North 59 degrees 46 minutes 24 seconds West 256.12 feet
2)North 56 degrees 58 minutes 24 seconds West 160.47 feet
3) North 03 degrees 24 minutes 44 seconds East 232.52 feet to the southerly side of Treasure
Pond Road; and
THENCE along the southerly side of Treasure Pond Road in an easterly direction. The
following 2 courses and distances:
1) South 84 degrees 48 minutes 00 seconds East 60.29 feet
2) Along the arc of a curve bearing to the left having a radius of 75.14 feet a distance of 250.11
feet to the point or place of BEGINNING.
77127067.1
jEXHIBIT B
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TREASURE I POND3;. /____5,
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___________
________ _______ -___- _ MEFRFSTONE
4. ______ _ pOH(NOT FOUND
S 84'48`00" E - #918 11` :'• S:1338.36
POLE
111917 L=75.14'` R=250.
60.29' kb-, W:1701 .97
TELEPHONE is
BOX \\
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4' WATER MAIN /0�
(APPROXIMATE LOCATION)
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