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HomeMy WebLinkAboutL 12981 P 319 11111111111111[[111111111111111111111111111111111111111 1111111 I I I I I I I I I I I I I II I I l SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 10/03/2018 Number of Pages : 9 At: 04 :02 : 40 PM Receipt Number : 18-0185306 TRANSFER TAX NUMBER: 18-07540 LIBER: D00012981 PAGE : 319 District: Section: Block: Lot: 1000 010 . 00 03 . 00 023 . 002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $45.00 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 $11 .25 NO RPT $200 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $301 .25 TRANSFER TAX NUMBER: 18-07540 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT •A BILL JUDITH A. PASCALE County Clerk, Suffolk County 11 P2 RECORDED 2018 Oct 03 04:02:40 PN 7UDITH H. PASCALE Number of pages CLERK OF SUFFOLK COUNTY L D00012981 This document will be public P 319 DT# 16-07540 record. Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee _ Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 — Sub Total Notation f Spec./Assit. or EA-52 17(County) Sub Total I Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. o 0 Dual Town Dual County Held forAppointment Comm.of Ed. S. 00 Transfer Tax Affidavit • a Mansion Tax RD The property covered by this mortgage is Certified Co 1 or will be improved by a one or two NYS Surcharge 15. 00 31. family dwelling only. Sub Total v YES orNO Other Grand Total - 1 a p( U If NO, see appropriate tax clause on Jpage q of this Instrument. 4Dis 1000 01000 0300 023002 5 Community Preservation Fund 3730142 ff ealProl T S Consideration kCPFTaxDue Amosnt$ Tax Sery R LPA A Agenc Verificat 03-OCT-1 Improved Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 RECORD&RETURN TO: Vacant Land Shapiro Geffinger Waldinger&Monteleone, LLP 118 North Bedford Road, Mount Kisco, NY 10598 TO TO TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Fidelity National Title Insurance Services, LLC www.suffolkcountyny.gov/clerk Title tt F18-7404-106657-BUFF 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Easement Agreement made by: (SPECIFY TYPE OF INSTRUMENT) Elbert M.Burr The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold The Fishers Island Electric Corporation,The Fishers Island Telephone In the VILLAGE Corporation,The Fishers Island Water Works 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 ,s yip THIS EASEMENT AGREEMENT, made this�day ofP Ls1e 20*V, by Elbert M. Burr, residing at4� �1�•c��b�s("Grantor"), and The Fishers Island Electric Corporation, Fishers Island Telephone Corporation and Fishers Island Water Works Corporation, each being a New York State regulated public utility and a New York corporation and each having an address of 161 Oriental Avenue, P.O. Drawer E, Fishers Island,New York 06390 (collectively "Grantees"). WITNESSETH : WHEREAS, Grantor is the owner of certain real property located on Fishers Island, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as set forth on Schedule "A"attached hereto"Grantor's Premises"); and WHEREAS, Grantees have previously installed and maintained over a portion of Grantor's Premises lines, boxes, mains, pipes, conduits, poles and other utility equipment and devices for the provision of electric,telephone, water and communications services(the "Distribution Facilities") to Grantor's Premises and other properties in the vicinity of Grantor's Premises; and WHEREAS, some of the Distribution Facilities have deteriorated and are in need of maintenance or replacement; and WHEREAS, Grantor desires that Grantees enter upon such portion of Grantor's Premises where Grantees previously installed the Distribution Facilities to maintain or replace the Distribution Facilities which are in need of maintenance or replacement; and WHEREAS, Grantees desire to acquire an easement over a portion of Grantor's Premises, which portion includes, but is not limited to,the land on which the Distribution Facilities are currently installed and maintained, which portion is described on Schedule "B" attached hereto(the "Easement Area"); and Page 1 of 7 WHEREAS, Grantor is willing to grant such easement over the Easement Area to Grantees upon the terms and conditions hereinafter set forth herein; NOW,THEREFORE, in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree, as follows: I. Grantor hereby grants to each of the Grantees, and their respective contractors, subcontractors, agents, servants and employees a permanent easement upon, across, over and/or under the Easement Area for the replacement of the Distribution facilities which are in need of replacement and for the use, construction, operation, maintenance, repair, improvement and replacement of electrical power lines, transformers, telephone lines, power and communication cables and boxes, water mains and pipes, gas lines, sewer lines, conduits, guys, anchors and other utility equipment or devices of any nature that may now or may hereafter be employed to provide utility services to Grantor's Premises and other properties in the vicinity of Grantor's Premises. This Easement shall include the right of each of Grantees and their respective contractors, subcontractors, agents, servants and employees to enter upon the Easement Area to undertake any actions consistent with the purposes for which this Easement is granted, including, but not limited to, the trimming, cutting and removal of trees and other vegetation that in their judgment might interfere with the continuity of any utility.service, but nothing herein shall be construed as imposing any obligation upon any of the Utility Companies to undertake any such actions. 2. In the course of providing the work contemplated under this easement, Grantees will restore the Grantor's property and the adjacent roadways to pre-work condition, as photographically documented by Grantees. Page 2 of 7 3. This Easement shall be perpetual and shall run with the land and shall be binding upon the parties hereto and their respective successors and assigns and any subsequent owners of Grantor's Premises. IN WITNESS WHEREOF, this Easement Agreement has been duly executed by the parties hereto on the day and year first above written. Granto Elbert M. Burr Grantees: Fishers Island Electric Corporation Fishers Island Telephone Corporation Fishers Island Water Works Corporation By: C Jhristop4erlrilnan, President o t e above Grantee entities 3 STATE OF IRK COUNTY OF Sb4410M, ss: �Glx— AJe-LO J.,1:)AJ bay y�J 201BOn the day of�, in year 2444, before me the undersigned, personally appeared Elbeurr personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that(he) (she) (they)executed the same in (his) (her) (their) capacity(ies), and that.by (his) (her) (their) signature(s)on the instrument,the individual(s)or the person upon behalfoftwhich the individual(s)acted, executed the instrument. M �! LINDA D. FLUGRAD otar Piikilic tF NOTARYPUBLIC to y,.,, , ` IiIiYCOMMISSIONEXPIRESAPR.30,2024 •.STATE OF NEW YORK COUNTY OF SUFFOLK, ss: On the I....=day AM. in the year4� before a personally came 5 !`!� .. to me known, who, being by me duty sworn, did dep a and say that he/she4hey reside(*Yin..�}o��.�..3.. ...f 5,4,t�?A.1/�,. .�. .........(if the place of resi ce is in a city, include the street and street number, if any,4- he/she/lhe is (atethe esident or other officer or director or attorney in fact duly appointed) of the (name of corporate ), the corpo ration(�Ydescri bed in and which executed the above instrument; that he/ ow&the seal of said corporation; that the seal affixed to said instrument is such corporate seal; t it was so affixed by authority of the board of directors of said corpora -onf4, and that he/ igned his/hen"r name(, thereto by like authority. Notary ubli' Printed Name: My Commission Expires. 05�2V le a r ZZZ, r a ®� 4 a � ► STATE OF NEW YORK COUNTY OF SUFFOLK, ss: On the 2 day of , in the year 2018, before me the undersigned, personally appeared J. Christopher Finan personally known to m_e or proved to me on the basis of satisfactory evidence, to be the individualWwhose nameVis (,g E subscribed to the within instrument and acknowledged to me that (he) (fie w ) executed the same in (his) (tbdfr) capacity().sf, and that by(his) (Pe2 Qt� ) signatureVon the instrument, the individualvor the person upon behalf of which the individualS,$)'acted, executed the instrument. Not ubl O v5-2q. L Z 4�ol rl¢ xz 7-543 o° r + .SNS SCHEDULE A All that certain plot, piece or -parcel of land, with the buildings and improvements t::ereon erected, situate' lying and being at Fishers Island, Town of Southold, County of Suffolk and State of Now York, more particularly described on a certain map entitled "Pian of Peninsula at Fishers Island owned by Charles W. Hedge and Frances G_ Thorp, made by Chandler and Palmer, Engrg., Norwich, Conn. 1913, revised Oct. 1951, July 1953, Sept. 1967 and Lot Areas Added Jan. 29, 1976" and filed in the Office of the Clerk of the County of Suffolk on March 11, 1913 as Map No. 223, said parcels more particularly bounded and described as follows: PARCEL NO. ONE, ,- A 20 ft. Right of Way bounded: 'E NORTHERLY: By Lots 4, 5, 6, 7 and B, a distance of 250 feet, more or leas; EASTBRLY: By a 20 ft. Right of Way; J, SOUTHERLY: By Lots 1B, 20, 22, 24 and 25, a distance of 250 feet, more or less; WESTERLY: By a 20 ft. Right Of Way. A 20 ft. Right of Way bounded: NORTHERLY: By Lots 28, 27, 26, 25, 24, 22 and 20, a distance Of 315.5 feet, r more or leas; EASTERLY: By a 20 ft. Right of Way; SOUTHERLY: By Lots 19, 21, 23, a 20 ft. Right of Way, and Lot B0, a distance of 312.6 feet, more or legal WESTERLY: By a 20 ft. Right of Way. PARCEL NO. THREEt A 2O ft. Right of Way bounded: NORTHERLY: By a '10 ft. Right of Way and part of Lot 1, a distance of 20.11 feet, more or legal EASTERLY: By a '20 ft. Right of Way, Lot 28, a 10 ft. Right of Way, Lots 80, 79, 78, 77, 76, 75, a 10 ft. Right of Way,Lots 74, 73, 72,71, 70, 69, 68, 67, 66 and 65 and in part by Derbies Cove, a distance of 1,300 feet, more or least SOUTHEASTERLY: By property of others, a distance of 20 feet, more or legal WESTERLY: By Lots 64, 63, 620 a 12 ft. Right of Way, Lots 61 and 600 a 20-ft. Right of Way, Lots 89, 90 and 81, a 20 ft. Right of Way, Lots 39, 38,. 37,36,35, 34, 33 32 31 and 30 a diatance of 1 310 teat -more or less. PARCEL NO. FOUR: A 20 ft. Right of Way bounded: 3 NORTHERLY: By Lots 84, 85, 86, 87, BB and B9, a distance of 385 feet, more or Sega: EASTERLY: By a 20 ft. Right of Way; SOUTHERLY: By Lots 59, 58, 57, 56, 55, 54, 53 and 52, a distance of 408 feet, more Or less; WESTERLY: By a 20 ft. Right of Way. PARCEL NO. FIVE: A 20 ft. Right of Way bounded: r' NORTHERLY: By a Right of Way, 28 feet, more or lona, i EASTERLY: By Lots 81, 82, 83 and 84, and a 20 ft. Right of Way, a distance of 340 feet, more or least SOUTHERLY= By a 20 ft. Right of Way► WESTERLY: By a part of Lot 47, Lots 45, 44, 43, 42, 41 and 40, a distance of 355 -.. -- 'faac,,"more or lees';--_ -- Together with a vection of the Northern most part of Lot 91 being triangular in shape bordered on the Easterly side of a Right of Way, a distance of 50 feet, more or lose; Southerly by the remaining portion of Lot 81, a distance of 30.25 feet, more or less and Westerly by a Right of Way, a distance of 50 feet, more or less. PARCEL NO. SIR: A 10 ft. strip of land bounded: NORTHERLYt By Lot 75, a distance of 98 feet, more or laser EASTERLY By barbies Cove, a distance of 10 feet, more or least SOUTHERLY: Ey Lot 74, a distance of 88 feet, more or leas; WESTERLY: By a Right of Way, a distance of 10 feet, more or lose. Schedule B. The Easement Area ELBERT M. BURR TO FISHERS ISLAND WATER WORKS An easement for installation and maintenance of a water main and other electric, telephone or communications utilities. Said easement being 10 feet in width and extending Northwesterly, Northeasterly,Northerly and Easterly from the northwesterly end of Peninsula Road and being described as follows. BEGINNING at a point in the Northeasterly line of the herein described easement, said point being located 979.14 feet East of a point which is 1778.33 feet North of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"and thence running Northwesterly 391.26 feet to an iron pipe; thence turning an exterior angle to the left of 68° 39' 00" and running Northeasterly 350.40 feet to a point; thence turning a deflection angle to the left of 41° 31' 05"and running Northerly 377.98 feet to a point; thence turning an exterior angle to the left of 81° 56' 07" and running Easterly 263.15 feet to an iron pipe; thence turning an interior angle to the right of 90° 00' 00" and running Northerly 10.00 feet to a point; thence turning an interior angle to the right of 90° 00' 00"and running Westerly 274.67 feet to a point; thence turning an interior angle to the right of 81° 56' 07" and running Southerly 385.70 feet to a point; thence turning a deflection angle to the right of 41° 31' 05" and running Southwesterly 361.26 feet to a point;thence turning a deflection angle to the right of 68° 39' 00"and running Northwesterly 11.30 feet to a point; thence turning a deflection angle to the left of 68° 39' 00" and running Southwesterly 10.75 feet to a point; thence turning an interior angle to the right of 68° 39' 00"and running Southeasterly 21.47 feet to a point;thence turning a deflection angle to the left of 68° 39' 00" and running Northeasterly 10.75 feet to a point; thence turning a deflection angle to the right of 68° 39' 00" and running Southeasterly 395.75 feet to a point; thence turning an interior angle to the right of 90° 00' 00" and running Northeasterly 10.00 feet to the point of beginning. 6 S"cHlab 0L.� Con+ gi ia f s g111: opt 143 a 14, MMA Mill r ZAPS �� a F �,� $ C4 IN g Ito 6 Ila ° a F � � a..welae cope I � 1 1 - JpB p.l• REYISIpM S IEA 5 Fit""tiN Rnen - FlSHERS ISLAND WA ER WORKS .�y �MTM ^q, Ia ~z - - rH•.rv.�Ra r v IJw slu wAm i Ara hhwttz%RLC IDIS 33}4a� R36 DM lv �•r4'w..M...xry PROPOSED WATER mAIN EXTENSION CME L