Preview
FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019
EXHIBIT A
EXHIBIT A
FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019
SUPREME COURT
STATE OF NEW YORK COUNTY OF JEFFERSON
KENNETH MILLER,
Plaintiff.
AMENDED COMPLAINT
VS. Index No.:
CHARLES PETER HUNKELE, JR., and
DAVID STROTHERS
Defendants.
Plaintiff, complaining of the Defendants, respectfully alleges and shows to the
Court as follows:
1. At all times mentioned herein the Plaintiff, Kenneth Miller, was and still is a resident of
the City of Albuquerque in the State of New Mexico residing at 10505 Snow Heights Blvd, NE,
Albuquerque, New Mexico 87112.
2. Upon information and belief, the Defendant Charles Peter Hunkele, Jr. was and still is a
resident of the of Kenvil in the State of New Jersey with a residence located at 80 North
City
Dell Ave, Suite 12 in Kevil, New Jersey 07847.
3. Upon information and belief, the Defendant David Strothers was and still is a resident of
Ellicott City in the State of Maryland with a residence located at 9804 Middle Meadow Road,
Ellicott City, Maryland 21041.
4. The Plaintiff is the owner of certain real estate located in the Town of Hounsfield in the
County of Jefferson.
5. Plaintiff's was deeded Edith R. Abbey Roeschlaub to Mervin Miller
property initially by
56
and Barbara Miller on or about the day of November 1984. A copy of that deed is annexed
hereto, made a part hereof and labeled Exhibit A.
Pappas, Cox, Kimpel, Dodd & Levine, P.C.
Syracuse, New York
Page 2 of 7
FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019
6. Both Barbara Miller and Mervin H. Miller passed away.
I8th
7. On or about the day of February 2014, Kenneth Miller, as the Administrator of the
Estate of Mervin H. Miller, deeded said property to the Plaintiff, Kenneth Miller. A copy of said
deed is annexed hereto, made a part hereof and labeled Exhibit B.
8. The Plaintiff is the owner of the real property located off Storrs Road set forth in Exhibits
A and B.
9. In addition, said deeds granted and conveyed to the owner of Plaintiff's property,
easements providing for the use of a recreational area, the right to install a pump and access to
the lake.
10. Annexed hereto and made a part hereof and labeled Exhibit C is a copy of the map for
the area in question.
11. The Plaintiff and Plaintiff's predecessors used the easements for recreational and access
purposes for thirty years since the easements were granted.
12. There are two properties which are subject to the easements. Those properties are owned
by the Defendants.
13. One property was owned by Edith R. Abbey Roeschlaub.
14."
That property was then placed in the Edith R. Abbey Roeschlaub Trust and was deeded
2002
on or about the day of August 2009 by Charles Roeschlaub as Successor Trustee of the Edith
R. Abbey Roeschlaub Trust to the Defendant Charles Peter Hunkele, Jr. A copy of that deed is
annexed hereto, made a part hereof and labeled Exhibit D.
15. Said deed provides that it is subject to the rights of ingress and egress across the parcel as
mentioned in the deeds to Harvey and Miller and is also subject to any restrictions and easements
of record.
Pappas, Cox, Kimpel, Dodd & Levine, P.C.
Syracuse, New York
Page 3 of 7
. .
FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019
16. The second neighboring parcel which is subject to the easement was owned by Michele
A. Harvey and Bernard Harvey who transferred the property to Bernard L. Harvey and Mary
Jane Harvey by deed dated March 13, 2002.
17. Thereafter, Mary Jane Harvey and Bernard Harvey transferred the property to the
Defendant David Strothers by means of deed dated June 11, 2015. A copy of deed is annexed
hereto, made a part hereof and labeled Exhibit E.
18. Said deed also provided that it was subject to any easements, rights of ways, covenants
and restrictions of record.
19. The Plaintiff and Plaintiff predecessors were granted easements allowing for the use of
the Defendant's property for the water line and pump, a recreational area and a 10 foot access
area. Those easements were used over a period of about 30 years.
20. The two properties, which are subject to the easements, were recently transferred to the
Defendants who have refused to honor the easements.
21. The Defendants have moved their docks and stairs in order to prevent Plaintiff's use of
the easements, access to use of the recreational area and have refused to allow access to the 10
foot right of way to the lake.
22. As a result, Plaintiff has nõt been able to use the easements.
23. The Defendants have unjustly claimed that the Plaintiff has no easements or interest in
the real estate.
24. Plaintiff is entitled to a Declaratory Judgment against the Defendants stating that the
Defendants'
Plaintiff has easements on the properties for the water line and pump, a recreational
area and a 10 foot right of way and that the Defendants are ordered to allow the lawful, peaceful
and uninterrupted use of said easements by the Plaintiff and Plaintiff's successors.
Pappas, Cox, Kimpel, Dodd & Levine, P.C.
Syracuse, New York
Page 4 of 7
FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019
25. None of the Defendants are unknown and none are infants, or incompetent to manage
themselves or their affairs.
26. Any judgment granted herein will not affect any person or persons not in being or
ascertained at the commencement of this action, who by any contingency contained in a devise
or grant or otherwise could afterward become entitled to a beneficial estate or interest in the
aforesaid mentioned premises, and that every person in being who would have been entitled to
such an estate or interest, if such event had happened immediately before the commencement of
this action is named a party hereto.
27. No personal claim is made against the Defendants herein, unless said Defendants assert a
claim adverse to the claim of the Plaintiff as set forth in this complaint.
Defendants'
28. The claims are adverse to that of the Plaintiff and Plaintiff is entitled to
Declaratory Judgment as requested above.
AS AND FOR A SECOND CAUSE OF ACTION
Plaintiff repeats each allegation previously made and further alleges and shows the Court
as follows:
Plaintiffs'
29. As set forth above, the Plaintiff and Predecessors were deeded a 10 foot
easement froni their property to the water. The shorelme at that location is rocky and has been
used continuously with a set of stairs and a dock in connection with the easement.
30. The Defendants have moved the stairs and docks such that the shoreline and water is no
longer accessible from the easement.
31. Stairs and a dock are necessary in order to continue the use of the easement.
Pappas, Cox, Kimpel, Dodd & Levine, P.C.
Syracuse, New York
Page 5 of 7
. .
FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019
32. Plaintiff requested permission to construct stairs on the right of way going down to the
water and a dock. Both Defendants have refused Plaintiff's request and have been denying the
Plaintiff the use of the easement.
33. None of the Defendants are unknown and none are infants, or incompetent to manage
themselves or their affairs.
34. Any judgment granted herein will not affect any person or persons not in being or
ascertained at the commencement of this action, who by any contingency contained in a devise
or grant or otherwise could afterward become entitled to a beneficial estate or interest in the
aforesaid mentioned premises, and that every person in being who would have been entitled to
such an estate or interest, if such event had happened immediately before the commencement of
this action is named a party hereto.
35. No personal claim is made against the Defendants herein, unless said Defendants assert a
claim adverse to the claim of the Plaintiff as set forth in this complaint.
Defendants'
36. The claims are adverse to that of the Plaintiff and Plaintiff is entitled to
Declaratory Judgment in that Plaintiff may construct stairs and a dock in connection with the use
of the right of way and/or any injunction preventing the Defendants from interfering with the use
of the easement.
WHEREFORE, the Plaintiff demands Judgment:
1. Against the Defendants declaring that the Plaintiff and all persons claiming through the
Plaintiff have easements against the property of the Defendants which provide for the water line
and pump, a recreational area and a 10 foot right of way;
Pappas, Cox, Kimpel, Dodd & Levine, P.C.
Syracuse, New York
Page 6 of 7
..
FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019
2. The Plaintiff also requests further Judgment against the Defendants claiming the Plaintiff
is entitled to constract stairs and a dock in connection with the 10 foot right of way easement
and/or any injunction preventing the Defendants from interfering with the use of the easement.
3. That the Defendants are baned from taking any actions which would interfere with
Plaintiff s use of the easements as declared by the court, together-w)Óe costs and
disbursements and t such other and further relief as the o ay de just and proper.
Date: November 2018
THOMAS . GIVAS, ESQ.
PAP dS, COX, KIMPEL ODD & LEVINE, P.C.
Att rneys for Plain1iff
614 James Street
Syracuse, New York 13203
Tel: (315) 472-4481
Fax: (315) 472-2289
Email:tvivas@nappascoxlaw.com
VERIFICATION
STATE OF-NEW-¥6RK )
he i RO ) SS:
COUNTY OF-JEFEERSON )
KENNETH MILLER, being duly sworn, deposes and says that Deponent is the Plaintiff in
the within that Deponent has read the Amended Summons and Complaint and
action; foregoing
knows the contents that the same is tme to Deponent's own lmowledge, except as to the
thereof;
matter therein stated to be alleged on information and belief, and that as to those matters Deponent
believes it to be the basis of Plaintiff's knowled s h is e owner of the real property in
true;
connection with this action. ..
Swom before me this P
day of )g Aer , 2018. SEA L
O FFl CIAL
Alyssa Ortiz
NOTARY PUBLIC
C STATE OF NEW MEXICO
Commission Expires: R { 70l20 )†
My
Pappos, Cox, Kimpel, Dodd & Levine, P.C.
Syracuse, New York
Page 7 of 7
FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019
19831
Eade the 5th day of 'November Maateen ursdredand
. Eighty-Four
EDITHR, ABBEYROCSCHIAUB, residing at 121 Revere Street
N.V., Port Charlotte, Florida 33952,
party of the frst part, and
c HERVINHTT.TFR end BARBARA HILLER, his wife, of 248 Ashdale Avenue,
Syracuse, New York, as tenants by the entirety,
..
part tea of the second port,
Stt$Øt , that the part y of the fret part, in constdarat½n of
Que----------------2--6--------------------------------Dotfor
(; L.00 )latuful money of the United States, and other good and
valuable. consideration paid by the part ies of the acoondparty
does herebu frant and releaseunto the part les of the accond part,
their heirs and osstina forever, aR THAT PIECE OR PARCELOF LAND
situate in the Town of Hounnfield, County of Jefferson end State of flew
York and bounded and described as follower
Beginning at an iron pipe set on this survey (1984) at the southwesterly
corner of a parcel of land conveyed by Elsie N, Robertson to Genevieve H
Sheppard Dixon, October 24, 1967 and recorded in the Jefferson County
Clerk's office in Liber 838.of Deeds on Page 399, said iron pipe also
being at the southeasterly corner of a parcel of lend conveyed by Ambroe
J. Ruppert to Edi,th R. Abbey, June 22, 1974 and recorded in said Clerk's
Office -in Liber 656 of Deeds on Page 344 and said iron pipe also bein;;
. on the northerly botindary of a 25-foot private road right of way .co.Stor ts._. ......... . .
. . Earbbr Road-dd add iipe being lidrtherly 12Cfeet from the..centerline of
a gravel .road; thence along the northerly boiindary of said right of way,
N 88* 28' 00'Va..distance of 3.11 feet to an existing iron pipe; thence
conclnuinj; on the .samebearing along said northerly road boundary a dis-
cance of 57,00 feet to an iron pipe set on the easterly edge of a gravel
access drin, amid pipe being northerly 16.5+ feet from the centerline
of maid gravel road to Stores Harbor Road; clience along the eastely edge
of said gravel drive and being through the lands of said Abbey previousl
mentióned atid also being through another parcel of land conveyed to Edit t
R, and Emerson Abbey, August 29, 1957, by Matthew H. Knapp and recorded
14" f
N 04* 44'
in said Clerk's of fice in Liber 655 of Deeds on Page 597,S8*
a distiance of 100.03 feet to an iron pipe set; thence S 50' 18" E a
distance of 10,02 feet to an iron pipe set at the southwesterly corner
of a 0.159 acre parcel which in proposed to be conveyed by said Abbey,
said iron pipe also being about on the west-erly line of a third parcel
of land conveyed to said Edith R. and Emerson Abbey by Hatthew H, Knapp,
April 26,.1958 and recorded in said clerk's office in Liber 661 of Deeds
co Page 216: thence continuing on the same bearing through said lands of
Abbey a distance of 65.00 feet to an iron pipe set on the easterly line
of said Abbey and the westerly line of a parcel of land conveyed by
Matthew H. Knapp to Genevieve H. Sheppard, May 22, 1957 and recorded in
said Clerk's Office in Liber 682 of Deeds on Page 229: thence along the
=p
FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019
line of eaid parcel and.the first mentioned Dixon parcel, (L 838 - P 39 )
and the easterly lina of said first mentioned Abbey parcel. S 03* 48'
57" W a distance of 100.00 feec to the point of beginning, being 0.155
acre of land more or less.
It is intended to convey by the above description a portion of the land
nou mened by Edith R. Abbey and conveyed to her, or to her mad her hus-
band (now -deceased) by the three conveyances previously mentioned above
Excepting and reserving any utility casements of record.
ALSD, granting and conveying to the grantees the use of, along with
others, of a parcel of land along Lake Ontario, said lend to be used fo
.docking.boats, fishing, swimming and as a picnic area, and also grantin 4
and conveying. the right to install a water peop and line from the like
co the above described 0.155 acre percel, said water facilities .to be
maintained by the grantees, The use of' said premines are -aubject to th 4
-sairof the a me by:che grantor, Said premises are bounded and describ d
an follows: Beginning at an iron pipe -
set on the line between naid Abb y
(L 661 + P.216) .and Sneppard (L 682 P 229) previously mentioned above
said iron pipe being at the northeasterly corner of said 0.159 acre
parcel proposed to be conveyed and previously mentioned and said iron
48' 57" E a distance of 112.60
pipa being N 02' feet from the north-
easterly corner of the above described 0.155 acre parcel being conveyed
harain; thence from said point81*of 22' beginning along the.northerly line
of said 0.159 acre parcel. S 20"Wa distance of 66.49 feet to en
iron pipe set at the northwesterly corner of said 0.159 acre parcel;
thence continuing-03'on48' the 57"
same bearing a distance of 73,09 feet to a
point: .thence V E a distance of 30.61 feet to in ex.isting
iron pipe at the top of the bank; .thence continuing on the same bearingi.
a distance of 25+ feet to the shoreline of Black River Boy. in Lake
Ontario; thenca easterly along said shoreline as it winds and turns a
distance of 1461 feet to a point at the northeasterly corner of eaid
and
j Abbey 03* 48* the northwesterly corner
57" W a distance of of said Sheppard; thence along said
. line, S 40± feet to an existing iron pipe
Bl* 22' 15"
] on said line at the top of the.bank, said iron- pipe being N
E a distance of 139.58. feet fcom the previously centioned iron pion at
the top of the banki chence continuing on the same bearing along the
line betwe.en said Abbey sad Shepeard a distance of 30.61 feet to the
point of beginning,
the grantees herein accept.this property subject to the following
condheions, all of which the grantees herein accept and agree to:
4 While adhering to all rules and regulations posted in said
area, special permission is needed from grantor for parties
of more than sight (8) persons in the recreation area. Specia
booking for use of screen house is needed, pursuant to avail-
ability. Maintenance of dock and recreation area. expenses
are to be shared equally by property paners.
3) Accessibility to lake is granted.to grantees by corridor ten
j (10) feet. wide from point of southwesterly surveyor's atake
of Miller property to northwesterly stake of Miller
. feet-to southwesterly property
east-·ten-(10) stake of-Abbey
following a northerly line. ten (10) feet wide to a property
stake at
northwesterly Abbey property, a recreation area
C) The grantess he.cein grant to the antor the ri t of fir.st
refusal co re-purchase the proper herein, in a event
grantees receive t bona fide offer of purchase of che
end dekice té rissell, proparty
u:91081 na 247
FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019
9m1081 ne 248 - .
OfC with the appurtanances and all the estate and rights of the
part y of the frst part in and to said premises.
. RItÒ 10 0ÎÔ the premises herein granted unto the port Las
ofthe secondpart, their heirs and assigns)brever,
ItÔ raid party of the first part
covenantcat follows•
tSt ‰t the part ies of ths stoond part shall quietly an)oy the eald
premises.
st0ub That acid party of the first Part
ad‡tforever 5t8112 the title to said premtees.
Whirb ‰t the grantor .will receivethe consideration for tÉts .conveyance
acut will hold the right to recelbesüch consideration as a trust fund to be applied
fret for the prerpose.ofpaying ths. cost of any improvement, that has been com.
manced upon the premists and has not been completed at least four months befbre
the making and recording of thlt deed,and that the grantor will apply the same
frst to the payment .of thi coat of improvement before using any part of the total
of the sameforany other purposes
RKE1VED
$...s?ÅÜ..........
REAL ESTATE
JU1.2 9 S87
TRANSFERTAX .
JEFFERSON
.....CCUNTY-.-... --- -
ÎÎR8 CÛΕ the part y of the free part ha a
herounto set her hand and seat the day and year frst abous written.,
and partLea of second part have here to net their hands
day and first bove written. o
seals the
Edith R. bey Roe thlaub
!
fifaraara allier
FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019
FLORIDA
Cissatg of CHARI.OTTE
-eF
. On th.is day of
MSRGGRt Mitteteen Hundred and
Eighty-Four befors me, the subscriber,
personally appeared
EDITHR. ABBEYROESCHLAUB
to me personally known and knqwn to me 50 be the eame
person described
in and.who
.. · azacutedthe witMn Instrument, and ars duly
e [id to me that sha azaoistedthe tome
..-
Notary Public
mswrPWWc,Scrm
OfherideAtLarge
STATEOF NEWYORK kyCommisseFJohajvly24ISco
)
COUNTYOF ONOFJACA ) SSt
On this 14 day of .do , Nineteen Hundred and
before me, the subscriber, Eighty-FLu,
BARBARA personally appeared MERVINMILI.ER and
to me personally
H ILLER,
· persons described in and who known and known to me to be the same
executed the vithin Instrument, and
dul severally acknowledged to me that they exec ther
ed the asma.
m
FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019
ADMINISTRATOR'S DEED
THIS INDENTURE, made the /8 day of Ñ& em v , 201.4
BETWEEN KENNETH MILLER, of 1711 State Road 314, Albuquerque,
Preview
FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019 EXHIBIT A EXHIBIT A FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019 SUPREME COURT STATE OF NEW YORK COUNTY OF JEFFERSON KENNETH MILLER, Plaintiff. AMENDED COMPLAINT VS. Index No.: CHARLES PETER HUNKELE, JR., and DAVID STROTHERS Defendants. Plaintiff, complaining of the Defendants, respectfully alleges and shows to the Court as follows: 1. At all times mentioned herein the Plaintiff, Kenneth Miller, was and still is a resident of the City of Albuquerque in the State of New Mexico residing at 10505 Snow Heights Blvd, NE, Albuquerque, New Mexico 87112. 2. Upon information and belief, the Defendant Charles Peter Hunkele, Jr. was and still is a resident of the of Kenvil in the State of New Jersey with a residence located at 80 North City Dell Ave, Suite 12 in Kevil, New Jersey 07847. 3. Upon information and belief, the Defendant David Strothers was and still is a resident of Ellicott City in the State of Maryland with a residence located at 9804 Middle Meadow Road, Ellicott City, Maryland 21041. 4. The Plaintiff is the owner of certain real estate located in the Town of Hounsfield in the County of Jefferson. 5. Plaintiff's was deeded Edith R. Abbey Roeschlaub to Mervin Miller property initially by 56 and Barbara Miller on or about the day of November 1984. A copy of that deed is annexed hereto, made a part hereof and labeled Exhibit A. Pappas, Cox, Kimpel, Dodd & Levine, P.C. Syracuse, New York Page 2 of 7 FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019 6. Both Barbara Miller and Mervin H. Miller passed away. I8th 7. On or about the day of February 2014, Kenneth Miller, as the Administrator of the Estate of Mervin H. Miller, deeded said property to the Plaintiff, Kenneth Miller. A copy of said deed is annexed hereto, made a part hereof and labeled Exhibit B. 8. The Plaintiff is the owner of the real property located off Storrs Road set forth in Exhibits A and B. 9. In addition, said deeds granted and conveyed to the owner of Plaintiff's property, easements providing for the use of a recreational area, the right to install a pump and access to the lake. 10. Annexed hereto and made a part hereof and labeled Exhibit C is a copy of the map for the area in question. 11. The Plaintiff and Plaintiff's predecessors used the easements for recreational and access purposes for thirty years since the easements were granted. 12. There are two properties which are subject to the easements. Those properties are owned by the Defendants. 13. One property was owned by Edith R. Abbey Roeschlaub. 14." That property was then placed in the Edith R. Abbey Roeschlaub Trust and was deeded 2002 on or about the day of August 2009 by Charles Roeschlaub as Successor Trustee of the Edith R. Abbey Roeschlaub Trust to the Defendant Charles Peter Hunkele, Jr. A copy of that deed is annexed hereto, made a part hereof and labeled Exhibit D. 15. Said deed provides that it is subject to the rights of ingress and egress across the parcel as mentioned in the deeds to Harvey and Miller and is also subject to any restrictions and easements of record. Pappas, Cox, Kimpel, Dodd & Levine, P.C. Syracuse, New York Page 3 of 7 . . FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019 16. The second neighboring parcel which is subject to the easement was owned by Michele A. Harvey and Bernard Harvey who transferred the property to Bernard L. Harvey and Mary Jane Harvey by deed dated March 13, 2002. 17. Thereafter, Mary Jane Harvey and Bernard Harvey transferred the property to the Defendant David Strothers by means of deed dated June 11, 2015. A copy of deed is annexed hereto, made a part hereof and labeled Exhibit E. 18. Said deed also provided that it was subject to any easements, rights of ways, covenants and restrictions of record. 19. The Plaintiff and Plaintiff predecessors were granted easements allowing for the use of the Defendant's property for the water line and pump, a recreational area and a 10 foot access area. Those easements were used over a period of about 30 years. 20. The two properties, which are subject to the easements, were recently transferred to the Defendants who have refused to honor the easements. 21. The Defendants have moved their docks and stairs in order to prevent Plaintiff's use of the easements, access to use of the recreational area and have refused to allow access to the 10 foot right of way to the lake. 22. As a result, Plaintiff has nõt been able to use the easements. 23. The Defendants have unjustly claimed that the Plaintiff has no easements or interest in the real estate. 24. Plaintiff is entitled to a Declaratory Judgment against the Defendants stating that the Defendants' Plaintiff has easements on the properties for the water line and pump, a recreational area and a 10 foot right of way and that the Defendants are ordered to allow the lawful, peaceful and uninterrupted use of said easements by the Plaintiff and Plaintiff's successors. Pappas, Cox, Kimpel, Dodd & Levine, P.C. Syracuse, New York Page 4 of 7 FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019 25. None of the Defendants are unknown and none are infants, or incompetent to manage themselves or their affairs. 26. Any judgment granted herein will not affect any person or persons not in being or ascertained at the commencement of this action, who by any contingency contained in a devise or grant or otherwise could afterward become entitled to a beneficial estate or interest in the aforesaid mentioned premises, and that every person in being who would have been entitled to such an estate or interest, if such event had happened immediately before the commencement of this action is named a party hereto. 27. No personal claim is made against the Defendants herein, unless said Defendants assert a claim adverse to the claim of the Plaintiff as set forth in this complaint. Defendants' 28. The claims are adverse to that of the Plaintiff and Plaintiff is entitled to Declaratory Judgment as requested above. AS AND FOR A SECOND CAUSE OF ACTION Plaintiff repeats each allegation previously made and further alleges and shows the Court as follows: Plaintiffs' 29. As set forth above, the Plaintiff and Predecessors were deeded a 10 foot easement froni their property to the water. The shorelme at that location is rocky and has been used continuously with a set of stairs and a dock in connection with the easement. 30. The Defendants have moved the stairs and docks such that the shoreline and water is no longer accessible from the easement. 31. Stairs and a dock are necessary in order to continue the use of the easement. Pappas, Cox, Kimpel, Dodd & Levine, P.C. Syracuse, New York Page 5 of 7 . . FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019 32. Plaintiff requested permission to construct stairs on the right of way going down to the water and a dock. Both Defendants have refused Plaintiff's request and have been denying the Plaintiff the use of the easement. 33. None of the Defendants are unknown and none are infants, or incompetent to manage themselves or their affairs. 34. Any judgment granted herein will not affect any person or persons not in being or ascertained at the commencement of this action, who by any contingency contained in a devise or grant or otherwise could afterward become entitled to a beneficial estate or interest in the aforesaid mentioned premises, and that every person in being who would have been entitled to such an estate or interest, if such event had happened immediately before the commencement of this action is named a party hereto. 35. No personal claim is made against the Defendants herein, unless said Defendants assert a claim adverse to the claim of the Plaintiff as set forth in this complaint. Defendants' 36. The claims are adverse to that of the Plaintiff and Plaintiff is entitled to Declaratory Judgment in that Plaintiff may construct stairs and a dock in connection with the use of the right of way and/or any injunction preventing the Defendants from interfering with the use of the easement. WHEREFORE, the Plaintiff demands Judgment: 1. Against the Defendants declaring that the Plaintiff and all persons claiming through the Plaintiff have easements against the property of the Defendants which provide for the water line and pump, a recreational area and a 10 foot right of way; Pappas, Cox, Kimpel, Dodd & Levine, P.C. Syracuse, New York Page 6 of 7 .. FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019 2. The Plaintiff also requests further Judgment against the Defendants claiming the Plaintiff is entitled to constract stairs and a dock in connection with the 10 foot right of way easement and/or any injunction preventing the Defendants from interfering with the use of the easement. 3. That the Defendants are baned from taking any actions which would interfere with Plaintiff s use of the easements as declared by the court, together-w)Óe costs and disbursements and t such other and further relief as the o ay de just and proper. Date: November 2018 THOMAS . GIVAS, ESQ. PAP dS, COX, KIMPEL ODD & LEVINE, P.C. Att rneys for Plain1iff 614 James Street Syracuse, New York 13203 Tel: (315) 472-4481 Fax: (315) 472-2289 Email:tvivas@nappascoxlaw.com VERIFICATION STATE OF-NEW-¥6RK ) he i RO ) SS: COUNTY OF-JEFEERSON ) KENNETH MILLER, being duly sworn, deposes and says that Deponent is the Plaintiff in the within that Deponent has read the Amended Summons and Complaint and action; foregoing knows the contents that the same is tme to Deponent's own lmowledge, except as to the thereof; matter therein stated to be alleged on information and belief, and that as to those matters Deponent believes it to be the basis of Plaintiff's knowled s h is e owner of the real property in true; connection with this action. .. Swom before me this P day of )g Aer , 2018. SEA L O FFl CIAL Alyssa Ortiz NOTARY PUBLIC C STATE OF NEW MEXICO Commission Expires: R { 70l20 )† My Pappos, Cox, Kimpel, Dodd & Levine, P.C. Syracuse, New York Page 7 of 7 FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019 19831 Eade the 5th day of 'November Maateen ursdredand . Eighty-Four EDITHR, ABBEYROCSCHIAUB, residing at 121 Revere Street N.V., Port Charlotte, Florida 33952, party of the frst part, and c HERVINHTT.TFR end BARBARA HILLER, his wife, of 248 Ashdale Avenue, Syracuse, New York, as tenants by the entirety, .. part tea of the second port, Stt$Øt , that the part y of the fret part, in constdarat½n of Que----------------2--6--------------------------------Dotfor (; L.00 )latuful money of the United States, and other good and valuable. consideration paid by the part ies of the acoondparty does herebu frant and releaseunto the part les of the accond part, their heirs and osstina forever, aR THAT PIECE OR PARCELOF LAND situate in the Town of Hounnfield, County of Jefferson end State of flew York and bounded and described as follower Beginning at an iron pipe set on this survey (1984) at the southwesterly corner of a parcel of land conveyed by Elsie N, Robertson to Genevieve H Sheppard Dixon, October 24, 1967 and recorded in the Jefferson County Clerk's office in Liber 838.of Deeds on Page 399, said iron pipe also being at the southeasterly corner of a parcel of lend conveyed by Ambroe J. Ruppert to Edi,th R. Abbey, June 22, 1974 and recorded in said Clerk's Office -in Liber 656 of Deeds on Page 344 and said iron pipe also bein;; . on the northerly botindary of a 25-foot private road right of way .co.Stor ts._. ......... . . . . Earbbr Road-dd add iipe being lidrtherly 12Cfeet from the..centerline of a gravel .road; thence along the northerly boiindary of said right of way, N 88* 28' 00'Va..distance of 3.11 feet to an existing iron pipe; thence conclnuinj; on the .samebearing along said northerly road boundary a dis- cance of 57,00 feet to an iron pipe set on the easterly edge of a gravel access drin, amid pipe being northerly 16.5+ feet from the centerline of maid gravel road to Stores Harbor Road; clience along the eastely edge of said gravel drive and being through the lands of said Abbey previousl mentióned atid also being through another parcel of land conveyed to Edit t R, and Emerson Abbey, August 29, 1957, by Matthew H. Knapp and recorded 14" f N 04* 44' in said Clerk's of fice in Liber 655 of Deeds on Page 597,S8* a distiance of 100.03 feet to an iron pipe set; thence S 50' 18" E a distance of 10,02 feet to an iron pipe set at the southwesterly corner of a 0.159 acre parcel which in proposed to be conveyed by said Abbey, said iron pipe also being about on the west-erly line of a third parcel of land conveyed to said Edith R. and Emerson Abbey by Hatthew H, Knapp, April 26,.1958 and recorded in said clerk's office in Liber 661 of Deeds co Page 216: thence continuing on the same bearing through said lands of Abbey a distance of 65.00 feet to an iron pipe set on the easterly line of said Abbey and the westerly line of a parcel of land conveyed by Matthew H. Knapp to Genevieve H. Sheppard, May 22, 1957 and recorded in said Clerk's Office in Liber 682 of Deeds on Page 229: thence along the =p FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019 line of eaid parcel and.the first mentioned Dixon parcel, (L 838 - P 39 ) and the easterly lina of said first mentioned Abbey parcel. S 03* 48' 57" W a distance of 100.00 feec to the point of beginning, being 0.155 acre of land more or less. It is intended to convey by the above description a portion of the land nou mened by Edith R. Abbey and conveyed to her, or to her mad her hus- band (now -deceased) by the three conveyances previously mentioned above Excepting and reserving any utility casements of record. ALSD, granting and conveying to the grantees the use of, along with others, of a parcel of land along Lake Ontario, said lend to be used fo .docking.boats, fishing, swimming and as a picnic area, and also grantin 4 and conveying. the right to install a water peop and line from the like co the above described 0.155 acre percel, said water facilities .to be maintained by the grantees, The use of' said premines are -aubject to th 4 -sairof the a me by:che grantor, Said premises are bounded and describ d an follows: Beginning at an iron pipe - set on the line between naid Abb y (L 661 + P.216) .and Sneppard (L 682 P 229) previously mentioned above said iron pipe being at the northeasterly corner of said 0.159 acre parcel proposed to be conveyed and previously mentioned and said iron 48' 57" E a distance of 112.60 pipa being N 02' feet from the north- easterly corner of the above described 0.155 acre parcel being conveyed harain; thence from said point81*of 22' beginning along the.northerly line of said 0.159 acre parcel. S 20"Wa distance of 66.49 feet to en iron pipe set at the northwesterly corner of said 0.159 acre parcel; thence continuing-03'on48' the 57" same bearing a distance of 73,09 feet to a point: .thence V E a distance of 30.61 feet to in ex.isting iron pipe at the top of the bank; .thence continuing on the same bearingi. a distance of 25+ feet to the shoreline of Black River Boy. in Lake Ontario; thenca easterly along said shoreline as it winds and turns a distance of 1461 feet to a point at the northeasterly corner of eaid and j Abbey 03* 48* the northwesterly corner 57" W a distance of of said Sheppard; thence along said . line, S 40± feet to an existing iron pipe Bl* 22' 15" ] on said line at the top of the.bank, said iron- pipe being N E a distance of 139.58. feet fcom the previously centioned iron pion at the top of the banki chence continuing on the same bearing along the line betwe.en said Abbey sad Shepeard a distance of 30.61 feet to the point of beginning, the grantees herein accept.this property subject to the following condheions, all of which the grantees herein accept and agree to: 4 While adhering to all rules and regulations posted in said area, special permission is needed from grantor for parties of more than sight (8) persons in the recreation area. Specia booking for use of screen house is needed, pursuant to avail- ability. Maintenance of dock and recreation area. expenses are to be shared equally by property paners. 3) Accessibility to lake is granted.to grantees by corridor ten j (10) feet. wide from point of southwesterly surveyor's atake of Miller property to northwesterly stake of Miller . feet-to southwesterly property east-·ten-(10) stake of-Abbey following a northerly line. ten (10) feet wide to a property stake at northwesterly Abbey property, a recreation area C) The grantess he.cein grant to the antor the ri t of fir.st refusal co re-purchase the proper herein, in a event grantees receive t bona fide offer of purchase of che end dekice té rissell, proparty u:91081 na 247 FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019 9m1081 ne 248 - . OfC with the appurtanances and all the estate and rights of the part y of the frst part in and to said premises. . RItÒ 10 0ÎÔ the premises herein granted unto the port Las ofthe secondpart, their heirs and assigns)brever, ItÔ raid party of the first part covenantcat follows• tSt ‰t the part ies of ths stoond part shall quietly an)oy the eald premises. st0ub That acid party of the first Part ad‡tforever 5t8112 the title to said premtees. Whirb ‰t the grantor .will receivethe consideration for tÉts .conveyance acut will hold the right to recelbesüch consideration as a trust fund to be applied fret for the prerpose.ofpaying ths. cost of any improvement, that has been com. manced upon the premists and has not been completed at least four months befbre the making and recording of thlt deed,and that the grantor will apply the same frst to the payment .of thi coat of improvement before using any part of the total of the sameforany other purposes RKE1VED $...s?ÅÜ.......... REAL ESTATE JU1.2 9 S87 TRANSFERTAX . JEFFERSON .....CCUNTY-.-... --- - ÎÎR8 CÛΕ the part y of the free part ha a herounto set her hand and seat the day and year frst abous written., and partLea of second part have here to net their hands day and first bove written. o seals the Edith R. bey Roe thlaub ! fifaraara allier FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019 FLORIDA Cissatg of CHARI.OTTE -eF . On th.is day of MSRGGRt Mitteteen Hundred and Eighty-Four befors me, the subscriber, personally appeared EDITHR. ABBEYROESCHLAUB to me personally known and knqwn to me 50 be the eame person described in and.who .. · azacutedthe witMn Instrument, and ars duly e [id to me that sha azaoistedthe tome ..- Notary Public mswrPWWc,Scrm OfherideAtLarge STATEOF NEWYORK kyCommisseFJohajvly24ISco ) COUNTYOF ONOFJACA ) SSt On this 14 day of .do , Nineteen Hundred and before me, the subscriber, Eighty-FLu, BARBARA personally appeared MERVINMILI.ER and to me personally H ILLER, · persons described in and who known and known to me to be the same executed the vithin Instrument, and dul severally acknowledged to me that they exec ther ed the asma. m FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/25/2019 ADMINISTRATOR'S DEED THIS INDENTURE, made the /8 day of Ñ& em v , 201.4 BETWEEN KENNETH MILLER, of 1711 State Road 314, Albuquerque,