HomeMy WebLinkAboutL 12909 P 984 l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l
I l l l l l l l l l l l l l l l l l l l l l l l l
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 04/24/2017
Number of Pages: 8 At: 04 : 37 :25 PM
Receipt Number : 17-0069252
TRANSFER TAX NUMBER: 16-28679 LIBER: D00012909
PAGE : 984
District: Section: Block: Lot:
1000 003 . 00 08 . 00 002 .001
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $100 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $40 . 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 $0 .00 NO RPT $400 . 00 NO
Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO
Fees Paid $485.00
TRANSFER TAX NUMBER: 16-28679
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
.. r 7F27
RECORDED
2017 Ppr 24 04:17:25 PN
Number of pages JUDITH A. PASCALE
CLERK OF
SUFFOLK COUI4TY
This document will be public L D00012909
P 964
record.Please remove all DT# 16-26679
Social Security Numbers
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 /J FEES
Page/Filing Fee y�i� 1, Mortgage Amt.
3 1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
or
EA-52 17(County) Sub Total U5�_ Spec./Add.
EA-5217(State) TOT.MTG.TAX
k yJf y�
R.P.T.S.A. _ Dual Town Dual County
-f � Held for Appointment
Comm,of Ed. 5. 00 Transfer Tax &-'4n1-44,;l
Affidavit Mansion Tax
�� The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00i family dwelling only.
Sub Total 2G YES or NO
Other Grand Total ` 0 5 If NO, see appropriate tax clause on
page# of this instrument.
pp 12Ot'7
Q 1 Dist. SOS 33'74694 �II� I i 5 Community Preservation Fund
Tax
Real
e y RpSMI A III II �lll «�*matwiIIIIIIII�IIII Consideration Amount$ 10 0
AgencyCPF Tax Due $
13 APR-17
Verification ---
-------------� Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vgc�Lancl
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
www.suffolkcountyny.gov/clerk
Title# � � _-7�! '�`/ — 1�'S g
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached EASEMENT AGREEMENT made
by: (SPECIFY TYPE OF INSTRUMENT)
FISHERS ISLAND The premises herein is situated in
DEVELOPMENT CORPORATION SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of SOUTHOLD
LISA K. HOWLETT In the VILLAGE
or HAMLET of FISHERS ISLAND
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
Stat lD: 33 R SMI A74694 13-APR-17
Tax Maps
District Secton Block Lot School District
1000 00300 0800 002001
1000 00400 0700 00300
i
EASEMENT AGREEMENT li�e►re� �Z� I��
THIS EASEMENT AGREEMENT is made the20 day of March, 20117 by and
between FISHERS ISLAND DEVELOPMENT CORPORATION, 161 Oriental Avenue,
Fishers Island, New York 06390 (hereinafter referred to as "Granton'), and LISA K.
HOWLETT, 4 Hastings Landing, Hastings-on-Hudson, New York 10706 (hereinafter
referred to as "Grantee");
WITNESSETH :
WHEREAS , Grantor is the owner in fee of premises situate.at (no #) East
End Road, Fishers Island, Town of Southold, County of Suffolk and State of New York
(SCTM No. 1000-003.00-08.00-2,001)("Grantor's Premises"); and
WHEREAS, Grantee is the owner in fee of premises situate at (no #) East
End Road, Fishers Island, Town of Southold, County of Suffolk and State of New York
(SCTM No. 1000-004.00-07.00-003.002), being more particularly bounded and described
as set forth on Schedule A hereto ("Grantee's Premises"); and
WHEREAS, Grantee desires to acquire an easement over a portion of
Grantor's Premises for ingress and egress by pedestrians and vehicles to and from
Grantee's Premises and East End Road, and Grantor is willing to grant such an easement
to Grantee upon the terms and conditions hereinafter set forth;
NOW,THEREFORE, in consideration of the sum of Ten Dollars($10.00)and
other good and valuable consideration paid by Grantee, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto do hereby agree as follows:
1. Grantor hereby grants and releases unto Grantee, her heirs, personal
representatives, successors and assigns, but subject to the further terms of this Easement
Agreement, a non-exclusive easement over that portion of Grantor's Premises described
on Schedule B hereto (the "Easement Area"), as appurtenant to and for the benefit of
Grantee's Premises, for the purpose of ingress and egress by pedestrians and vehicles
to and from Grantee's Premises and East End Road.
2. Grantee covenants and agrees for herself and her heirs, personal
representatives, successors and assigns, that vehicular access to and from Grantee's
Premises and East End Road shall be available exclusively by use of the Easement Area
and there shall be no direct vehicular access to and from Grantee's Premises and East
End Road over or across the boundary line between Grantee's Premises and East End
Road (to wit, the last course and distance on Schedule A hereto), except as provided in
Section 4 hereof. In the event of a breach or threatened breach of the foregoing covenant
and agreement, inasmuch as monetary damages may be difficult or impossible to
1
ascertain, Grantor shall have the right to seek injunctive relief from a court of competent
jurisdiction to enforce such covenant and agreement in addition to any other remedies to
which Grantor may be entitled at law or in equity.
3. Grantee covenants and agrees not to make any improvements to the
Easement Area, including but not limited to the construction of a driveway or retaining walls
and the planting of any vegetation, without first submitting plans for the same to Grantor
and securing the approval of such plans by Grantor.
4. From and after the first date that neither Grantee nor the first owner
of Grantee's Premises after Grantee is the owner of Grantee's Premises, Grantor, acting
unilaterally, shall have the right to terminate or modify the easement granted herein, with
the termination or modification, as the case may be, becoming effective on the date
specified in a notice thereof delivered to the then owner of Grantee's Premises, which date
shall be at least twelve months after the date of delivery of such notice. In the case of a
termination of the easement, the restrictions set forth in Section 2 above shall no longer
be of any force or effect. In the case of a modification of the easement, the relocated
Easement Area shall be described in such notice and shall continue to provide access for
pedestrians and vehicles to and from Grantee's Premises and East End Road. In the
event of either a termination or a modification, Grantor, acting unilaterally, shall have the
right to cause an instrument reflecting the terms of such termination or modification to be
recorded in the Office of the Suffolk County Clerk against Grantee's Premises.
5. Except as set forth in the last sentence of this Section 5, Grantee
agrees to indemnify Grantor and to hold Grantor harmless from and against, and to pay
to Grantor the full amount of, any and all claims, losses, liabilities, damages, suits, costs,
and expenses (including reasonable attorneys' fees, court costs and out-of-pocket
expenses) resulting to Grantor, directly or indirectly, arising out of or relating to the use of
the Easement Area by Grantee or any third party or the breach by Grantee of any
provisions of this Easement Agreement. The foregoing indemnification obligation of
Grantee shall not apply to the extent the liability in question is attributable to the negligence
or willful misconduct of Grantor.
fi. The rights and obligations of Grantor and Grantee under this
Easement Agreement shall run with the land and shall be binding upon and inure to the
benefit of the heirs, personal representatives and successors and assigns of Grantor and
Grantee.
2
IN WITNESS WHEREOF, Grantor and Grantee have executed this
Easement Agreement as of the day and year first above written.
FISHERS ISLAND DEVELOPMENT CORPORATION
By
Philip B. Weymouth III, President
Lisa K. owlett
3
STATE OF NEW YORK )
Q\jVr'C) ss.:
COUNTY OF RK )
On the '.0 day of March in the year 2017 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.
' ALEX KATZ
'
Notary Public •Ste!!0f N"Ilbrk
ND. 01 KA6351263
4uak��ed in Queens County
4(sinature and office of individu king"acknowlec! n
Notary Public EvLeift5 uod Uizaza
STATE OF NEW YORK )
Nr-w Vo ss.:
COUNTY OF )
On the D-Vldclay of March in the year 2017 before me, the undersigned, personally
appeared Lisa K. Howlett, 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.
(signature and office of indl ' I tak(nj acknowledgment)
Notary Public
�n�)
BETTY ENG
Notary Public, State of New York
No.31-4990348
Qualified in New York Count
Cgmmission Expires Dec. 30
4
Schedule A
to
Easement Agreement
Grantor: FISHERS ISLAND DEVELOPMENT CORPORATION
Grantee: Lisa K. Howlett
Agreement Dated: March ZQ , 2017
Grantee's Premises (SCTM No. 1000-004.00-07.00-003.002)
ALL that certain lot or parcel of land, with the buildings and improvements thereon, in the
Town of Southold, Suffolk County, State of New York, being a part of that portion of
Fishers Island lying Easterly of the following line, viz.:
BEGINNING at the southeasterly corner of land owned by the United States, known as the
Fort H.G. Wright Military Reserve, Mount Prospect Tract on the shore of Block Island
Sound or the Atlantic Ocean; and
RUNNING THENCE northerly following the east boundary of the said land of the United
States to the southerly line of East End Road (sometimes called Oriental Avenue) and
which point is to the northeasterly corner of land of the United States;
THENCE crossing the East End Road and following the same course as the last to the
shore of West Harbor or Fishers Island Sound, said lot or parcel of land being bounded
and described as follows:
BEGINNING at a stone monument set on the southerly line of East End Road, which
monument is 674.06 feet South of a point which is 399.50 feet West of another monument
marking the U.S. Coast and Geodetic Survey Triangulation Station"Chocomount 2"(which
said "Chocomount 2" monument is located on the summit of the highest hill on Fishers
Island, N.Y. about two and one-quarter miles West of the Eastern end of Fishers Island
and lies South 79 degrees 29 minutes 46 seconds East of North Dumpling Light in Fishers
Island Sound); and
RUNNING THENCE South 10 degrees 18 minutes 50 seconds West, 61.69 feetto a stake;
THENCE South 7 degrees 49 minutes 30 seconds West, 84.07 feet to a stake and land
now or formerly of Boocock;
THENCE along said land now or formerly of Boocock the following three (3) courses and
distances:
5
1. South 80 degrees 54 minutes 10 seconds West, 93.04 feet to a stake;
2. South 75 degrees 25 minutes 30 seconds West, 103.32 feet to a
stake; and
3. South 86 degrees 15 minutes 30 seconds West, 105.13 feet to a stake
marking a point of curve to the right whose radius is 1220.81 feet and
the direction of whose radius at that point is North 40 degrees 36
minutes 30 seconds East;
THENCE northwesterly (following the arc of said curve), 100.03 feet to a stake marking a
point of curve to the right whose radius at that point is 182.94 feet and the direction of
whose radius at that point is North 45 degrees 18 minutes and 10 seconds East;
THENCE following the arc of said curve in a northerly direction, 140.50 feet to a stake;
THENCE North 0 degrees 41 minutes 40 seconds West, 22.59 feet to a stake marking a
point of curve to the right whose radius is 17.49 feet and the direction of whose radius at
that point is North 89 degrees 18 minutes 20 seconds East;
THENCE following the arc of said curve, 29.45 feet to a stake on the southerly side of the
aforesaid road; and
THENCE along the southerly side of said road South 84 degrees 12 minutes 20 seconds
East, 428.57 feet to the point or place of BEGINNING.
6
Schedule B
to
Easement Agreement
Grantor: FISHERS ISLAND DEVELOPMENT CORPORATION
Grantee: Lisa K. Howlett
Agreement Dated: March ?-0, 2017 D e�I J e recl 3 1'Zj�1?
Easement Area SCTM No. 1000-003.00-08.00- to 002.001
An easement or right-of-way, twenty (20) feet in width, for pedestrians and vehicles for
ingress and egress to and from the premises described on Schedule A hereto and East
End Road on Fishers Island, Town of Southold, County of Suffolk and State of New York,
said easement or right-of-way leading southeasterly and then northeasterly from the East
End Road to the premises described on Schedule A hereto, the southwesterly line and
(with respect to the last course and distance) the southeasterly line of said easement or
right-of-way being described as follows:
BEGINNING at a point on the southerly line of said East End Road at its intersection with
the southwesterly line of the herein described easement, said point being 595.48 feet
South of another point which is 1173.99 feet West of a concrete monument marking the
U.S. Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said
"Chocomount 2" monument is described in Schedule A hereto); and
RUNNING THENCE South 34 degrees 21 minutes 00 seconds East, 75.18 feet to a point;
THENCE South 68 degrees 36 minutes 35 seconds East, 138.37 feet to a point;
THENCE South 52 degrees 16 minutes 35 seconds East, 282.00 feet to a point;
THENCE North 65 degrees 40 minutes 37 seconds East, 56.37 feet to the premises
described on Schedule A hereto.
7