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Home My WebLink AboutL 12944 P 128 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l l l l l l l l l l l l l l l l l l l l 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 12/28/2017 Number of Pages : 7 At: 04 : 48 :59 PM Receipt Number : 17-0230844 TRANSFER TAX NUMBER: 17-17391 LIBER: D00012944 PAGE : 128 District: Section: Block: Lot: 1000 010 . 00 01 . 00 002 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $35, 000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35 .00 NO Handling $20 . 00 NO COE $5 .00 NO NYS SRCHG $15 . 00 NO TP-584 $5.00 NO Notation $0 .50 NO Cert.Copies $8 .75 NO RPT $400 .00 NO Transfer tax $140 . 00 NO Comm.Pres $0 .00 NO Fees Paid $629 .25 TRANSFER TAX NUMBER: 17-17391 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County n 2❑ �1 RECORDED Number of pages 1 2017 Dec 28 04:45:59 Ptl jUDIfH A. PA'=CALE CLERK OF This document will be public SUFFOLK COUNTY retort!.Please remove all L D00012944 Social Security Numbers P 128 prior to recording. DT# 17-173+1 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee .35' Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation 50 Spec./Assit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 Transfer Tax N Affidavit • ± Mansion Tax feted Copy`/ The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 � / family dwelling only. Sub Total Z YES or NO Other _ Grand Total Z If NO, see appropriate tax clause on page q of this instrument. ►1'1 4 1 Dist. If 3548901e II�` l )0 5 Community Preservation Fund 11 Real Property R DHO A l Illlllllllllllllll�llllllllllll�llllllllllll� 100 Consideration Amount$ 35,000 TaxService Agency 111 Ill! CPF Tax Due $ 0 Verification 28-OEC-17 �i 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.Name www.suffolkcountyny.gov/clerk Title# —Z 81 Suffolk County Recording & Endorsement Page This page forms part of the attached ADDENDUM NO. l TO EASEMENT AGREEMENT made by: (SPECIFY TYPE OF INSTRUMENT) THE FISHERS ISLAND The premises herein is situated in ELECTRIC CORPORATION SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD FISHERS ISLAND In the VILLAGE DEVELOPMENT 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 T Stat ID: 3548901 28-DEC-17 Tax Maps District Secton Block Lot School District 1000 01000 0100 002000 FISHERS ISLAND 1000 01000 0100 009000 FISHERS ISLAND a f£ + 2-0-7 V SS6 ~ `' ! ADDENDUM NO. 1 TO EASEMENT AGREEMENT ADDENDUM NO. 1 TO EASEMENT AGREEMENT, made as of the 1 st day of January, 2017, between THE FISHERS ISLAND ELECTRIC CORPORATION, a New York corporation with offices at 161 Oriental Avenue, P.O. Drawer E, Fishers Island, New York 06390, party of the first part, and FISHERS ISLAND DEVELOPMENT CORPORATION, a New York corporation with offices at 161 Oriental Avenue, P.O. Drawer E, Fishers Island, New York 06390, party of the second part; WITNESSETH: WHEREAS, the party of the first part is the owner in fee simple of a parcel of land located at 730 Central Avenue, Fishers Island,Town of Southold, County of Suffolk and State of New York (SCTM No. 1000-010.00-01.00-002.000), more fully described in Schedule A attached hereto (hereinafter referred to as "Parcel 1"); and WHEREAS, the party of the second part is the owner in fee simple of a parcel of land located at Central Avenue, Fishers Island, Town of Southold, County of Suffolk and State of New York (SCTM No. 1000-010.00-01.00-009.000), more fully described in Schedule B attached hereto (hereinafter referred to as "Parcel 2"); and WHEREAS, pursuant to an Easement Agreement entered into as of May 2, 2016 (the "Easement Agreement"), the party of the first part granted an easement to the party of the second part over a portion of Parcel 1 for the installation of a sewage disposal system for the benefit of Parcell; and WHEREAS, the Easement Agreement was recorded in the Office of the Suffolk County Clerk in Liber 12874 at page 298 on August 5, 2016; and WHEREAS, in consideration of the granting of the aforesaid easement and its continued use by the party of the second part and its lessee, Fishers Island Yacht Club, Inc., the party of the second part agreed to pay a one-time payment of$35,000 to the party of the first part upon the completion of installation of the sewage disposal system on Parcel 1; and WHEREAS,the sewage disposal system has now been installed on Parcel 1; NOW, THEREFORE, in consideration of the one-time payment of the sum of Thirty-Five Thousand Dollars ($35,000) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: ActiveUS 165484427v.2 1 1. Except as set forth in the last sentence of this Section 1, the party of the second part agrees to indemnify the party of the first part and to hold the party of the first part harmless from and against, and to pay to the party of the first part 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 the party of the first part, directly or indirectly, arising out of or relating to (i) the failure or refusal of the party of the second part or its lessee to maintain and repair the sewage disposal system on Parcel 1; (ii) the presence of the sewage disposal system on Parcel 1 regardless of the negligence or willful misconduct of the party of the second part or its lessee; (iii ) the actions, omissions, negligence, failure or willful misconduct relating to such sewage disposal system on the part of any other person or entity for whom or for which the party of the second part or its lessee is legally responsible; or (iv) the breach by the party of the second part or its lessee of any provisions of the Easement Agreement as modified and supplemented by this Addendum No. 1. The foregoing indemnification obligations of the party of the second part shall not apply to the extent the liability in question is attributable to the negligence or willful misconduct of the party of the first part, and the party of the first part agrees to indemnify the party of the second part and to hold the party of the second part harmless from and against, and to pay to the party of the second part, 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 the party of the second part, directly or indirectly, arising out of or relating to any failure or refusal by the party of the first part to provide access to Parcel 1 in breach of any provisions of the Easement Agreement as modified and supplemented by this Addendum No. 1. 2. The Easement Agreement, as modified and supplemented by this Addendum No. 1, shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto. Except as so modified and supplemented hereby, the Easement Agreement shall remain in full force and effect in accordance with its terms and the parties do hereby ratify and confirm their respective obligations thereunder. IN WITNESS WHEREOF, the parties have set their hands and seals as of the day and year first above written. THE FISHER ISLAND ELECTRIC CORPORATION, By: J. 6ristop er Finan, President FISHERS ISLAND DEVELOPMENT CORPORATION By: Philip B. Weymouth III, President ActiveUS 165484427x.2 2 Schedule A to Easement Agreement Party of the First Part: The Fishers Island Electric Corporation Party of the Second Part: Fishers Island Development Corporation Easement Agreement Dated: January 1st, 2017 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a stone monument on the northwesterly line of Central Avenue, said monument being 3513.00 feet North of a point which is 1218.00 feet West of `another monument marking the United States Coast and Geodetic Survey rTriang`ulation Station "PROS"; and RUNNING THENCE along said Avenue line South 79 degrees 30 minutes 30 seconds West, 32.38 feet, THENCE North 03 degrees 49 minutes 00 seconds West, 307.45 feet; THENCE North 83 degrees 42 minutes 30 seconds East, 128.43 feet; THENCE South 17 degrees 04 minutes 15 seconds East, 235.16 feet to said Avenue line; THENCE along said Avenue line South 57 degrees 42 minutes 15 seconds West, 170.27 feet to the point or place of BEGINNING. ActiveUS 165484427v.2 5 STATE OF NEW YORK } ss.: COUNTY OF- J&X5wryb"2 YORK ) On the M' day of Ak y. in the year 2017 before me, the undersigned, personally appeared J. Christopher Finan personally now 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 instrume Pt. _z . �8 otary Publi 1f-6zzz1'23 �ovc %*`� �5- v�5-e\k Ht��fG� i+:f '7 STATE OF NEW YORK ss.. • f�. w COUNTY OF-NEW,mr-i�bi.V- ✓ . . �•'T'4.�'r`� Y--QR4< c+ "rrttio;ul,,,,. On they. day of AV. 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 instrum nt. ��L-4 0 `2-Y,18 Notary Public4GrM(�-('--zZZ - •qtr:::: :lir,r rt, 40 lrrf'rttfallr• r•-a i + IS I 1^rC1 4 1(rjW v 5 ActiveUS 165484427v.2 3 Schedule B to Easement Agreement Party of the First Part: The Fishers Island Electric Corporation Party of the Second Part: Fishers Island Development Corporation Easement Agreement Dated: January 1st, 2017 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Central Avenue 19.65 feet East from a stone monument, said stone monument being 3552.00 feet North of a point which is 739.04 feet West of another stone monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE East, 115.01 feet; THENCE North 55 degrees 18 minutes 20 seconds East, 129.80 feet, these last two lines abutting northerly and northwesterly on said Central Avenue; THENCE South 74 degrees 03 minutes 40 seconds East, 69.90 feet; THENCE South 46 degrees 33 minutes 40 seconds East, 114.40 feet to a point 10 feet northwesterly from the northwesterly line of a dock on West or Great Harbor; THENCE South 40 degrees 20 minutes 20 seconds West, 56.1 feet, said line passing through a point 5 feet northwesterly from the most westerly corner of said dock, these last three lines abutting northeasterly and southeasterly on remaining land now or formerly of Fishers Island Farms, Inc.; THENCE northwesterly along the outside face of stone retaining wall at the shore of West or Great Harbor, 189.6 feet; THENCE southwesterly along the shore of said Harbor, 104.4 feet; THENCE southeasterly along the face of a stone retaining wall at the shore of said Harbor, 42 feet; Active U 5 165484427v.2 THENCE southwesterly along said wall and shore line, 21 feet; THENCE northwesterly and southwesterly along said shore line, 150.0 feet; THENCE North 20 degrees 57 minutes 00 seconds East, 70.00 feet to the point or place of BEGINNING, this last line abutting northwesterly on land now or formerly of Jane R. Chester. , y ActiveUS 165484427v.2 7