HomeMy WebLinkAboutL 12937 P 290 SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 11/13/2017
Number of Pages : 6 At: 10 : 10 : 13 AM
Receipt Number : 17-0199433
TRANSFER TAX NUMBER: 17-11906 LIBER: D00012937
PAGE : 290
District: Section: Block: Lot:
1000 002 . 00 01 . 00 001 . 002
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $100 .00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $30 .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 $7 . 50 NO RPT $200 . 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO
Fees Paid $282 .50
TRANSFER TAX NUMBER: 17-11906
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
F J]
RECORDED
Number of pages 2017 Nov 13 10:10-13 AM
JUDITH A. PASCALE
CLERK OF
This document will be public SUFFOLK COUNTV
record.Please remove all L D00012937
Social Security Numbers DT# 7-11906
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Mortgage Amt.
Page/Filing Fee
1.Basic Tax
Handling20. 00
� 2. Additional Tax
TP-584 Sub Total
Notation SpecJAssit.
lCi or
EA-52 17(County) Sub Total 7 Spec./Add.
EA-5217(State)
TOT.MTG.TAX
0o� Dual Town Dual County
R.P.T.S.A. Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
�. Mansion Tax
Affidavit
The property covered by this mortgage is
rtified Co �_ or will be improved by a one or two
NYS Surcharge15. Ofl /l family dwelling only.
Sub Total C/ Y� YES or NO
Other
Grand Total D If NO, see appropriate tax clause on
page# of this instrutnent. t
4 Dist. I I
3515666 1000 00200 0100 001002 12 5 Community Preservation Fund
Real Property PTS 111111101111 Consideration Amount$
,A
Tax Service R VIT $
Agency 09-NOV-17 CPF Tax Due
Verification
_ � Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
STEPHEN L.HAM,111, 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.Nameeh ti 7 e.
www.suffoikcountyny.gov/clerk Title# — Z
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached EASEMENT AGREEMENT made
by: (SPECIFY TYPE OF INSTRUMENT)
MARK FRANKLIN The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In theTOWN of SOUTHOLD
THE HENRY L.FERGUSON MUSEUM 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
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made the z,Tt%day of October, 2017 by
and between MARK FRANKLIN, 42 Eaton Square, London, United Kingdom SW1 W9BD
(hereinafter referred to as "Grantor"), and THE HENRY L. FERGUSON MUSEUM, a
corporation chartered by the Board of Regents of the State of New York, 1109 Equestrian
Avenue, P. O. Box 554, Fishers Island, New York 06390. (hereinafter referred to as
"Grantee");
WITNESSETH :
WHEREAS, Grantee acquired in 2007 a 1.62 acre parcel of real property
situate at Fishers Island, Town of Southold, County of Suffolk and State of New York which
is more particularly bounded and described on Schedule A hereto (the "Property"); and
WHEREAS,Grantee imposed on the Property certain perpetual conservation
covenants and restrictions by a Declaration dated April 30, 2012 and duly recorded on
June 4, 2012 in the Office of the Suffolk County Clerk in Liber 12695 at page 156 (the
"Declaration"), which said Declaration is incorporated herein by reference; and
WHEREAS, the Property has frontage on Fishers Island Sound and is
adjacent to certain other property now owned by Grantor; and
WHEREAS, Grantor wishes to acquire fee title to the Property, but also
wishes to ensure that all of the rights of Grantee recited in the Declaration remain,in
Grantee in perpetuity; and
WHEREAS, Grantee is willing to convey fee title to the Property to Grantor,
provided that Grantor affirms Grantee's rights to enforce the covenants and restrictions
recited in the Declaration and accepts the obligation to take no actions that are
inconsistent with such covenants and restrictions;
NOW,THEREFORE,in consideration ofthe sum ofTen Dollars($90.00)and
other good and valuable consideration paid by the Grantee, the receipt and sufficiency of
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V1
which is hereby acknowledged, the parties hereto do hereby agree as follows:
1. Simultaneously with the execution and delivery hereof, Grantee is executing and
delivering a deed to Grantee conveying fee title to the Property to Grantor.
2. Grantor hereby grants to Grantee, and its charitable successors and assigns,
an easement in perpetuity to enforce all rights and obligations pertaining to the Property
reserved to the "Declarant" under the Declaration.
3. Grantor hereby further grants to Grantee in perpetuity the right to enter upon and
to inspect the Property and Grantor agrees in perpetuity to take no action with respect to
the Property which will in any way be inconsistent with the terms of the Declaration, and
to consult in advance with Grantee, and its charitable successors and assigns, with
respect to any proposed action on the Property which could affect in any way its grade,
flora or fauna, whether natural or invasive.
4. The rights and obligations set forth in this Easement Agreement shall run with
the land and shall be binding upon and inure to the benefit of the respective heirs,
personal representatives, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, Grantor and Grantee have executed this
Easement Agreement as of the day and year first above written.
ark Franklin
THE HENRY L. FERGUSON MUSEUM
V.
By Nk—
Robert I Miller, Vice President - Land Trust
2
STATE OF NEW YORK }
ss.:
COUNTY OF )
p� �k
On thele day of October in the year 2017 before me, the undersigned, personally
appeared Mark Franklin 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.
J I 62ZZS�.
Notary Public - State of New York
``�l��tilCdt:J4c7aJ;
J
i
lL r
STATE OF CONNECTICUT )
5 JJ.111i�1
COUNTY OF FAIRFIELD )
On the 'Jgday of October in the year 2017 before me, the undersigned, personally
appeared Robert J. Millers 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,and that such individual made such appearance
before the undersigned in the City of Stamford in the State of Connecticut
eA &I C4 y
Notary Public, tate of Connecticu
3 ELLEN GALLAGHER=- `
NOTARY PUB`,i7C.5,,A`
Aly Commission Expires April 30,2018
SCHEDULE A
TO
EASEMENT AGREEMENT
MADE BY AND BETWEEN
MARK FRANLIN AND
THE HENRY L. FERGUSON MUSEUM
All that lot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the Town of Southold, County of Suffolk and 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 Reservation, Mount Prospect Tract, on the
snore 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 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;
BEGINNING at a stone monument set on the northwesterly side of a road 40 feet
wide, said monument being 5,165.78 feet North of a point which is 820.46 feet West of
another 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 North 68 degrees 39 minutes 20 seconds West, 256.23 feet
to the shore of Fishers Island Sound;
THENCE with the meanders of said Sound North 59 degrees 05 minutes 50
seconds East, 95.74 feet;
THENCE North 27 degrees 00 minutes 20 seconds East, 233.46 feet;
THENCE North 50 degrees 39 minutes 30 seconds East, 32.20 feet to a stake;
THENCE South 45 degrees 24 minutes 10 seconds East, 276.95 feet to a stake
set on the northwesterly side of the road above mentioned;
THENCE southwestwardly along the northwesterly side of said road (and
following the arc of a curve to the left whose radius is 822.00 feet and the direction of
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whose radius at that point is South 35 degrees 58 minutes 40 seconds East), 160.57
feet to a stake marking a point of curve to the left whose radius is 389.74 feet and the
direction of whose radius at that point is South 47 degrees 10 minutes 10 seconds
East; and
THENCE southwestwardly, still along the northwesterly side of said road (and
following the arc of said curve), 87.18 feet to the place of BEGINNING.
Containing 1.62 acres, more or less.
TOGETHER with all the right, title and interest of the party of the first part in and
to the lands under the waters of Fishers Island Sound adjoining said premises.
f
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