Preview
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021
EXHIBIT A
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021
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, coraplainiñg 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 City of Kenvil in the State of New Jersey with a residence located at 80 North
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 property was initially deeded by Edith R. Abbey Roeschlaub to Mervin Miller
5th
and Barbara Miller on or about the day of November 1984. A copy of that deed is annavad
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 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021
6. Both Barbara Miller and Mervin H. Miller passed away.
18th
7. On or about the day of February 2014, Kenneth Miller, as the Admiñistrator 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
20th
on or about the day Of August 2009 by Charles Roeschlaub as Successor Trustee of the Edith
R. Abbey Roeschlaub Trust to the Deandan+ Charles Peter Jr. A of that deed is
Hunkele, copy
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 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021
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 eaaammts, 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 not been able to use the easements.
23. The Defendants have claimed that the Plaintiff has no easements or interest in
unjustly
the real estate.
24. Plaintiff is entitled to a Declaratory Judgment against the Defendants stating that the
Defeñdants'
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 Defandant- are ordered to allow the peaceful
lawful,
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 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021
2. The Plaintiff also requests further Judgment against the Defendants claiming the Plaintiff
is entitled to construct stairs and a dock in connection with the 10 foot right of way cascmcñ‡
and/or any injunction preventing the Defendants from interfering with the use of the easement.
3. That the Defendants are barred from taking any actions which would interfere with
Plaintiff's use of the easements as declared by the court, together with the costs and
disbursements and t such other and further relief as the C ma eem t and proper.
Date: November 2018
THOMA . GIVAS, ESQ.
PAPPA , COX, KIMPEL, DODD & LEVINE, P.C.
Attorneys for Plaintiff
614 James Street
Syracuse, New York 13203
Tel: (315) 472-4481
Fax: (315) 472-2289
Email: tvivas@pappascoxlaw.com
VERIFICATION
pew JAedo
STATE OF-NEWV6RK )
haji BO ) SS:
COUNTY OFJEl5ERSON )
KENNETH MILLER, being duly sworn, deposes and says that Deponent is the Plaintiff in
the within action; that Deponent has read the foregoing Amended Summons and Complaint and
knows the contents thereof; that the same is true to Deponent's own knowledge, except as to the
matter therein stated to be alleged on informanen and belief, and that as to those matters Deponent
believes it to be true; the basis of Plaintiff's knowled s h is e owner of the real property in
connection with this action.
TH
Sworn before me this 5
day o lloo«&T , 2018.
O F FICIAL SEAL
Alyssa Ortiz
NOTARY PUBLIC
N lic STATE OF NEW MEX1CO
R 70/70 1
My Commission Expires:
Pappas, Cox, Kimpel, Dodd & Levine, P.C.
Syracuse, New York
Page 7 of 7
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021
EXHIBIT
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021
19831
gade the 5th day of -November Ntratsen Èundred and
Eighty-Four
EDITH K. ABBEYROl:SCHIAUE,residing at 121 Revere Street
NW., Port Charlotte, Florida 33952,
party of the fret part, and
a HERVINHILI,ER:and BARBARA HILLER, his wife, of 248 Ashdale Avenue,
syracuse, New Toth, as tenants by the entirety,
.
. . Part ice of the ascend prt,
ksttøøttÎt,that the part y of the frst port, in consideration of
One------.------ ---------------------------.-----Dortar
(A LOD )towfut nsonay of the RfnstedStates, and other good and
valuable consi.doration pard bythapart ion of the secondµrt,
does hareby front and release unto the part Lea of the second part,
theiir heira and assifna f6reocr, all THATPIECE OR PARC2LOP LAND
situate in the Town of Hounnfield, County of Jefferson and State of He¾
York and bounded and described as follows:
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
Clark's Office in Liber 838 of Deeds on Page 399, said iron pipe also
being at the southeasterly corner of a parcel of land conveyed by Ambros
J. RuPPert to Edith R. Abbey, June 22 1974 and recorded in said Clerk's
Offica in Liber 856 of Deeds on Page 44 and said iron pipe also bein;;
on the northerly boundary of a 25-foot private road. right of way to Scot re... . . . . .
Harh6r Road arsd amid pipe being -oortherly 12Cfeet from the centerlina o?
a gravel road; thence along the northerly boiindary of said right of way,
N 88' 28' 00'Wa distance of 3.11 feet to an existing iron pipe; thence
continuing on the same bearing along said northerly road boundary a dis-
tance of 51.00 feet to an iron pipe set on the easterly edge of a gravel
access drive, said pipe being northerly 16.5+ feet from the centerline
of amid gravel road to Stores Harbor Road; clience along the eastely edge
of said gravel drive and being through the landa of said Abbey previousl*
mentioned and also being through another parcel of land conveyed to Editi
R. and Emerson Abbey, August 29, 1951. by Hatthew H. Knapp and recorded
04* 44' 14" I
in said Clerk's office in Liber 655 of Deeds on Page 597,88"N 50' 18"
a distance of 100.03 feet to an iron pipe set: thence S E a
distance of 10.02 feet to an iron pipe set at the mouthwesterly corner
of a 0.159 acrc Parcel which is proposed to be conveyed by said Abbey,
said iron pipe also being about on the westerly line of a third parcel
of land conveyed to said Edith R. and Emerson Abbey by Notchev H. Knapp,
April 26, 1958 and recorded in said Clerk's Office in Liber 661 of Deeds
on Page 216: thence continuing on the same bearing through said lands of
Abbey a distance of 65.00 feet to an iron pipe sec on the casterly line
of amid Abbey and the westerly line of a parcel of land conveyed by
Matthew H. Knapp co Ceneviove H. Sheppard, May 22. 1957 and recorded in
said Clerk's Office in Liber 682 of Deeds on Page 229; thence along the
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021
line of naid parcel and the first mentioned Dixon parcel, (L 838 - P 39-)
and the easterly linn of said first mentioned Abbey parcel, S 03* 48'
57" W A distance of 100.0D feet to-.the point of beginning, being 0.155
acre of. land more or less.
It la intended p convoy by the abova description a portion of the land
now owned by Edith R. Abbey aild conveyed to her, or to. her and her hus-
band (now deceased) by the three conveyances. previously mentioned above
Excepting and reserving any utility casements of rácord.
ALSO, 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, swintaing and as a picnic area, and also grantin .
and conveying the right to install a water pump and line from the lake·
to the above described 0.L55 acre parcel, said water facilities to be
maintained by the grantees. ne use of'said oremlans. are aubject to th
-sairof^che essc by cho grantor. Said premises ai•e bounded and describ d .
as folloust .Beginning at an iron pipe set on the line between eaid Abb y
(L 661 - P 216) and Sneppard (L 682 - P 229) previously mentioned above
amid iron pipe being at the northeasterly corner of eaid 0.139 acro
parcel proposed co be conveyed and previously mentioned and said iron
oips being N 02° 48' 57" E a distance of 112.60 feer from the north-
easterly corner of the above described 0.155 acre parcel being conveyed
horain; thence from said point of beginning along the northerly line
22'
of said 0.159 acre parcei. S Bl* 20"Wa distance. of 66.49 feet to an
iron pipe set at the northwestorly corner of said 0.159 acre parcel;
thence continuing on the same bearing a. distance of 73.09 feet to a
point; thence it 03° 48' 5?" E a distance of 30.61 feet co an existing
iron pipe at the top of the bank; thence continuing on. the same bearing
a distance of 251 feet to the shoreline of Black River Boy. in Lake
Ontario; thence easterly along said shoreline as it winds and turns a
di.atance of 1461 feet to a point at the northeasterly corner of noid
Abbey and the corner of said Sheopards thence alons said
03° 48'northwesterly
57" W a distance of 40+_feet .to an existing
line, S iron pa
on said line at the top of the bank. said iron pion being N 81° 2 18"
E a distance of 139.58 feet from the previously mentioned iron pion at
the top of the bank; thence continuing on the same boaring along the
line between said Abbey and Sheppard a distance of 30.61 feet to the
point of beginning,
the rantees herein accept this property subject to the following
cond tions, all of whieft the granteen herein accept and agi-ee to:
, While adhering to all rules and regulations posted in said
area, apecini permisaion in needed from grantor for parties
of more than eight (8) persons in the recreation area. Specia .
] booking for use of acreen house is needed, purauant to avail-
abilicy. Haintenance of dock and recreation area expanoes
are to be shared equally by property owners.
3) Accessibility to lake is granted to granteca by corridor ten
(10) feet wide from point of nouthwesterly surveyor's stake
of Miller property to northwesterly stake of Hillor . .
- east can (10) feet·to southwesterly arake of"Abbey prproperty
èrty
following a northerly line ten (10) feet wide to a at a at
northwesterly Abbey property, a recreation area. .
C) The granteen berein grant to the grantor the right of first
refusal co re-purchase the property herein, in tite event
grantees receive A bona fide offer of purchase
ofthfproparty
us1081 m 247
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021
. us1081 ine 248
ofth the appurtanances and all the estata and rifkts of the
part y of the prst pare in and to said premises.
. . she alth Ž$ l[0lb the prertslsesherein thsated unto the part lan
of the secondpart, their heirs and assigns/bréuer,
Ith safd party of the first part
covenant cat follows.
ttst ‰t the part Las of chs second part shall quietly a,njoy the said
premises.
C0ub ‰t told party of the first part
atil foretter 1 the Utte to said promises.
That the frantor wilt receive the ;:-;'Ã ,ad..n for this conveyorsom
and unit hold the rlght to recelbesisch b-.-Mud:-n as a trust fund to be applied
frtt for the purpore of paping the cost'of any improventant, tÑà ,t Kas been com-
menced upon the premiars and has not been cornpleted at least four months befbre-
the making and reevrrttng of this deed, and that the frontor witz apply the some
prat to the palpisent of the opst of improvement before using any part of the totat
of the tanta for any other pairpas
REALESTATE
JUl. 2 9 s
TRANSTER TAX
JEFFEASON
.COUNTY.
It Î$11856 RCCÛΕ the part y of the prst port ha a
herounto ses her hand and seat the day and year prst abova written,,
and parties of second part have here to set their hands seala the
day and 1 t bova writte
Edith R. bey Roe thlaub
..e n M1 er
rbara MLiter
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021
. si
g
ice
tt
65
. kt
21*ll
renance Dzzos
249 ROESCHLAUB
BARRAEA .
cross .13202
st Yonx of Building
an 5,
e.
and York
und.081 November
New so.
ABLEY
MILLER c.
eMI New
Hills
E. -=----- A a Syracuse,
o a.
EDITH MERVIN
MF -!arn 404-06
caAs.
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021
EXHIBIT
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021
ADMINISTRATOR'S DEED
THIS INDENTURE, made the /& day of Nav , 20_14
BETWEEN KENNETH MILLER, of 1711 State Road 314, Albuquerque, New Mexico,
87015, as Administrator of the Estate of Mervin H. Miller, late of the Town of
28*
Hounsfield, New York, who died intestate on the day of two thousand
twelve, party of the first part,
and KENNETH MILLER, of 1711 State Road 314, Albuquerque, New Mexico,
87015
ca 2. of tñê second part
WITNESSETH, That wherees letters of administration were issued to the party of the first
part, by the Surrogate's Court, County of Jefferson, New York, on May31, 2012, and by virtue
of the power and authority given in and by Article 11 of the Estates, Powers and Trusts Law,
or any amendment thereof from tinie to tirne nÃade, and in consideration of One and 00/100
Dollars ($1.00), lawful money of the Urtited States, paid by the party of the second part, the
receipt whereof is hereby acknowledged, does hereby grantand release unto the party ofthe
second part, the distributees or successors and assigns of the party of the second part
forever,
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Hounsfield, County of
Jefferson and State of New York, and being more particularly described as set forth in
"A"
Schedule attached hereta arid inade a part hereof.
TOGETHER with ali right, title end interest, if any, of the party of the first part in and to any
streets and roads abuttirig the above described premises to the center lines thereof,
.. . . . . .. .
TOGETHER with the appurtenances, and also the estate which the said decedent had at the
t:me of death. in said premises, and also the estate therein. which the party of the ñrst part
has or has power to convey or dispose of, whether individually, or by virtue of said estate or
statute or otherwise.
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the
distributees or successors and assigns of the party of the second part forever.
Subject to the trust fund provisions of section thirteen of the Lien Law.
AND the party of the first part covenants that the party of the first part has not done or
suffered anything whereby the said premises have been encumbered in any way whatever.
Whenever the text hereof requires, the singular number as used herein shall include the plural
and all genders.
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and
year first above written.
ESTATE F. MERVIN H. MILLER
ifETH1fitLLElf, Adi inistrator
STATE OF . gtff 'tE If b __)
GUUNTY OF } c;r2r/a/2(a ) ss.:
On the day of n the year, 20j__4, before me, the undersigned,
personally appeared KENNETH MI R, persona!Iy known to me or proved to me on the
basis of satisfactory evidence to be the individual whose narne is subscribed to the within
instrument and acknowledged to me that he executed the same in his capapity, that by his
sigriature ori the instrument, the individual, or the person iJpon behalf of which the individual.
acted, executed the i trumen
Preview
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021 EXHIBIT A FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021 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, coraplainiñg 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 City of Kenvil in the State of New Jersey with a residence located at 80 North 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 property was initially deeded by Edith R. Abbey Roeschlaub to Mervin Miller 5th and Barbara Miller on or about the day of November 1984. A copy of that deed is annavad 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 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021 6. Both Barbara Miller and Mervin H. Miller passed away. 18th 7. On or about the day of February 2014, Kenneth Miller, as the Admiñistrator 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 20th on or about the day Of August 2009 by Charles Roeschlaub as Successor Trustee of the Edith R. Abbey Roeschlaub Trust to the Deandan+ Charles Peter Jr. A of that deed is Hunkele, copy 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 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021 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 eaaammts, 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 not been able to use the easements. 23. The Defendants have claimed that the Plaintiff has no easements or interest in unjustly the real estate. 24. Plaintiff is entitled to a Declaratory Judgment against the Defendants stating that the Defeñdants' 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 Defandant- are ordered to allow the peaceful lawful, 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 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021 2. The Plaintiff also requests further Judgment against the Defendants claiming the Plaintiff is entitled to construct stairs and a dock in connection with the 10 foot right of way cascmcñ‡ and/or any injunction preventing the Defendants from interfering with the use of the easement. 3. That the Defendants are barred from taking any actions which would interfere with Plaintiff's use of the easements as declared by the court, together with the costs and disbursements and t such other and further relief as the C ma eem t and proper. Date: November 2018 THOMA . GIVAS, ESQ. PAPPA , COX, KIMPEL, DODD & LEVINE, P.C. Attorneys for Plaintiff 614 James Street Syracuse, New York 13203 Tel: (315) 472-4481 Fax: (315) 472-2289 Email: tvivas@pappascoxlaw.com VERIFICATION pew JAedo STATE OF-NEWV6RK ) haji BO ) SS: COUNTY OFJEl5ERSON ) KENNETH MILLER, being duly sworn, deposes and says that Deponent is the Plaintiff in the within action; that Deponent has read the foregoing Amended Summons and Complaint and knows the contents thereof; that the same is true to Deponent's own knowledge, except as to the matter therein stated to be alleged on informanen and belief, and that as to those matters Deponent believes it to be true; the basis of Plaintiff's knowled s h is e owner of the real property in connection with this action. TH Sworn before me this 5 day o lloo«&T , 2018. O F FICIAL SEAL Alyssa Ortiz NOTARY PUBLIC N lic STATE OF NEW MEX1CO R 70/70 1 My Commission Expires: Pappas, Cox, Kimpel, Dodd & Levine, P.C. Syracuse, New York Page 7 of 7 FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021 EXHIBIT FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021 19831 gade the 5th day of -November Ntratsen Èundred and Eighty-Four EDITH K. ABBEYROl:SCHIAUE,residing at 121 Revere Street NW., Port Charlotte, Florida 33952, party of the fret part, and a HERVINHILI,ER:and BARBARA HILLER, his wife, of 248 Ashdale Avenue, syracuse, New Toth, as tenants by the entirety, . . . Part ice of the ascend prt, ksttøøttÃŽt,that the part y of the frst port, in consideration of One------.------ ---------------------------.-----Dortar (A LOD )towfut nsonay of the RfnstedStates, and other good and valuable consi.doration pard bythapart ion of the secondµrt, does hareby front and release unto the part Lea of the second part, theiir heira and assifna f6reocr, all THATPIECE OR PARC2LOP LAND situate in the Town of Hounnfield, County of Jefferson and State of He¾ York and bounded and described as follows: 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 Clark's Office in Liber 838 of Deeds on Page 399, said iron pipe also being at the southeasterly corner of a parcel of land conveyed by Ambros J. RuPPert to Edith R. Abbey, June 22 1974 and recorded in said Clerk's Offica in Liber 856 of Deeds on Page 44 and said iron pipe also bein;; on the northerly boundary of a 25-foot private road. right of way to Scot re... . . . . . Harh6r Road arsd amid pipe being -oortherly 12Cfeet from the centerlina o? a gravel road; thence along the northerly boiindary of said right of way, N 88' 28' 00'Wa distance of 3.11 feet to an existing iron pipe; thence continuing on the same bearing along said northerly road boundary a dis- tance of 51.00 feet to an iron pipe set on the easterly edge of a gravel access drive, said pipe being northerly 16.5+ feet from the centerline of amid gravel road to Stores Harbor Road; clience along the eastely edge of said gravel drive and being through the landa of said Abbey previousl* mentioned and also being through another parcel of land conveyed to Editi R. and Emerson Abbey, August 29, 1951. by Hatthew H. Knapp and recorded 04* 44' 14" I in said Clerk's office in Liber 655 of Deeds on Page 597,88"N 50' 18" a distance of 100.03 feet to an iron pipe set: thence S E a distance of 10.02 feet to an iron pipe set at the mouthwesterly corner of a 0.159 acrc Parcel which is proposed to be conveyed by said Abbey, said iron pipe also being about on the westerly line of a third parcel of land conveyed to said Edith R. and Emerson Abbey by Notchev H. Knapp, April 26, 1958 and recorded in said Clerk's Office in Liber 661 of Deeds on Page 216: thence continuing on the same bearing through said lands of Abbey a distance of 65.00 feet to an iron pipe sec on the casterly line of amid Abbey and the westerly line of a parcel of land conveyed by Matthew H. Knapp co Ceneviove H. Sheppard, May 22. 1957 and recorded in said Clerk's Office in Liber 682 of Deeds on Page 229; thence along the FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021 line of naid parcel and the first mentioned Dixon parcel, (L 838 - P 39-) and the easterly linn of said first mentioned Abbey parcel, S 03* 48' 57" W A distance of 100.0D feet to-.the point of beginning, being 0.155 acre of. land more or less. It la intended p convoy by the abova description a portion of the land now owned by Edith R. Abbey aild conveyed to her, or to. her and her hus- band (now deceased) by the three conveyances. previously mentioned above Excepting and reserving any utility casements of rácord. ALSO, 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, swintaing and as a picnic area, and also grantin . and conveying the right to install a water pump and line from the lake· to the above described 0.L55 acre parcel, said water facilities to be maintained by the grantees. ne use of'said oremlans. are aubject to th -sairof^che essc by cho grantor. Said premises ai•e bounded and describ d . as folloust .Beginning at an iron pipe set on the line between eaid Abb y (L 661 - P 216) and Sneppard (L 682 - P 229) previously mentioned above amid iron pipe being at the northeasterly corner of eaid 0.139 acro parcel proposed co be conveyed and previously mentioned and said iron oips being N 02° 48' 57" E a distance of 112.60 feer from the north- easterly corner of the above described 0.155 acre parcel being conveyed horain; thence from said point of beginning along the northerly line 22' of said 0.159 acre parcei. S Bl* 20"Wa distance. of 66.49 feet to an iron pipe set at the northwestorly corner of said 0.159 acre parcel; thence continuing on the same bearing a. distance of 73.09 feet to a point; thence it 03° 48' 5?" E a distance of 30.61 feet co an existing iron pipe at the top of the bank; thence continuing on. the same bearing a distance of 251 feet to the shoreline of Black River Boy. in Lake Ontario; thence easterly along said shoreline as it winds and turns a di.atance of 1461 feet to a point at the northeasterly corner of noid Abbey and the corner of said Sheopards thence alons said 03° 48'northwesterly 57" W a distance of 40+_feet .to an existing line, S iron pa on said line at the top of the bank. said iron pion being N 81° 2 18" E a distance of 139.58 feet from the previously mentioned iron pion at the top of the bank; thence continuing on the same boaring along the line between said Abbey and Sheppard a distance of 30.61 feet to the point of beginning, the rantees herein accept this property subject to the following cond tions, all of whieft the granteen herein accept and agi-ee to: , While adhering to all rules and regulations posted in said area, apecini permisaion in needed from grantor for parties of more than eight (8) persons in the recreation area. Specia . ] booking for use of acreen house is needed, purauant to avail- abilicy. Haintenance of dock and recreation area expanoes are to be shared equally by property owners. 3) Accessibility to lake is granted to granteca by corridor ten (10) feet wide from point of nouthwesterly surveyor's stake of Miller property to northwesterly stake of Hillor . . - east can (10) feet·to southwesterly arake of"Abbey prproperty èrty following a northerly line ten (10) feet wide to a at a at northwesterly Abbey property, a recreation area. . C) The granteen berein grant to the grantor the right of first refusal co re-purchase the property herein, in tite event grantees receive A bona fide offer of purchase ofthfproparty us1081 m 247 FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021 . us1081 ine 248 ofth the appurtanances and all the estata and rifkts of the part y of the prst pare in and to said premises. . . she alth Ž$ l[0lb the prertslsesherein thsated unto the part lan of the secondpart, their heirs and assigns/bréuer, Ith safd party of the first part covenant cat follows. ttst ‰t the part Las of chs second part shall quietly a,njoy the said premises. C0ub ‰t told party of the first part atil foretter 1 the Utte to said promises. That the frantor wilt receive the ;:-;'à ,ad..n for this conveyorsom and unit hold the rlght to recelbesisch b-.-Mud:-n as a trust fund to be applied frtt for the purpore of paping the cost'of any improventant, tÑà ,t Kas been com- menced upon the premiars and has not been cornpleted at least four months befbre- the making and reevrrttng of this deed, and that the frontor witz apply the some prat to the palpisent of the opst of improvement before using any part of the totat of the tanta for any other pairpas REALESTATE JUl. 2 9 s TRANSTER TAX JEFFEASON .COUNTY. It ÃŽ$11856 RCCÛΕ the part y of the prst port ha a herounto ses her hand and seat the day and year prst abova written,, and parties of second part have here to set their hands seala the day and 1 t bova writte Edith R. bey Roe thlaub ..e n M1 er rbara MLiter FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021 . si g ice tt 65 . kt 21*ll renance Dzzos 249 ROESCHLAUB BARRAEA . cross .13202 st Yonx of Building an 5, e. and York und.081 November New so. ABLEY MILLER c. eMI New Hills E. -=----- A a Syracuse, o a. EDITH MERVIN MF -!arn 404-06 caAs. FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021 EXHIBIT FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021 ADMINISTRATOR'S DEED THIS INDENTURE, made the /& day of Nav , 20_14 BETWEEN KENNETH MILLER, of 1711 State Road 314, Albuquerque, New Mexico, 87015, as Administrator of the Estate of Mervin H. Miller, late of the Town of 28* Hounsfield, New York, who died intestate on the day of two thousand twelve, party of the first part, and KENNETH MILLER, of 1711 State Road 314, Albuquerque, New Mexico, 87015 ca 2. of tñê second part WITNESSETH, That wherees letters of administration were issued to the party of the first part, by the Surrogate's Court, County of Jefferson, New York, on May31, 2012, and by virtue of the power and authority given in and by Article 11 of the Estates, Powers and Trusts Law, or any amendment thereof from tinie to tirne nÃade, and in consideration of One and 00/100 Dollars ($1.00), lawful money of the Urtited States, paid by the party of the second part, the receipt whereof is hereby acknowledged, does hereby grantand release unto the party ofthe second part, the distributees or successors and assigns of the party of the second part forever, ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Hounsfield, County of Jefferson and State of New York, and being more particularly described as set forth in "A" Schedule attached hereta arid inade a part hereof. TOGETHER with ali right, title end interest, if any, of the party of the first part in and to any streets and roads abuttirig the above described premises to the center lines thereof, .. . . . . .. . TOGETHER with the appurtenances, and also the estate which the said decedent had at the t:me of death. in said premises, and also the estate therein. which the party of the ñrst part has or has power to convey or dispose of, whether individually, or by virtue of said estate or statute or otherwise. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. Subject to the trust fund provisions of section thirteen of the Lien Law. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever. Whenever the text hereof requires, the singular number as used herein shall include the plural and all genders. FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 06/02/2021 IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ESTATE F. MERVIN H. MILLER ifETH1fitLLElf, Adi inistrator STATE OF . gtff 'tE If b __) GUUNTY OF } c;r2r/a/2(a ) ss.: On the day of n the year, 20j__4, before me, the undersigned, personally appeared KENNETH MI R, persona!Iy known to me or proved to me on the basis of satisfactory evidence to be the individual whose narne is subscribed to the within instrument and acknowledged to me that he executed the same in his capapity, that by his sigriature ori the instrument, the individual, or the person iJpon behalf of which the individual. acted, executed the i trumen