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Court Order lOA!*fM11q Mt yam\Rn STATE OF NEW YORK D- tin WARREN COUNTY s Q? I, Pamela J. Vogel, Clerk of the County of Warren of the County Court of said County and of the Supreme Court, both being courts of Record having a common seal, DO HEREBY CERTIFY that I have compared this copy with the original DESCRIPTION: ORDER DATE: 10/04/2016 CASE# 2012-57449 filed, recorded, or entered in this office and that the same is a correct transcript thereof and of the whole of said original. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County and Courts on Date: 10/13/2016 Pamela J.Vogel By. Warren County Clerk Deputy CASE#: 2012-57449 10/04/2016 ORDER Image: 1 of 20 STATE OF NEW YORK SUPREME COURT COUNTY OF WARREN ------------------------------------------------------------------------ RUSSELL A. HILLIARD,MARY C. HILLIARD, SO ORDERED SUZANNE E.TYRER,KIMBERLY L. LYON, LAURA B. STIPULATION, TYRER,DAVID P. CERNY and KATHY A.CERNY, SETTLEMENT, Plaintiffs, EASEMENT AND MAINTENANCE -against- AGREEMENT Index No. 57449 RJI No. 56-1-2012-0433 Hon.Robert J.Muller DAVID W. DOSTER,LISA A.DOSTER,GLENS FALLS NATIONAL BANK AND TRUST COMPANY, and TAYLOR HILL PROPERTIES,LLC. Defendants. ------------------------------------------------------------------------- WHEREAS,Plaintiffs, Russell A. Hilliard and Mary C. Hilliard(hereinafter collectively "Hilliard")as tenants by the entirety are the record title owners of two parcels of real property located in the Town of Queensbury,County of Warren and State of New York by virtue of two deeds recorded in the Warren County Clerk's Office,the first deed recorded on June 16, 1995 in Book 949 of Deeds at Page 266 known by the Warren County Real Property Tax Service Section Block and Lot("SBL")Number of 289.17-1-3("Hilliard Property I")and the second deed recorded on November 20, 1995 in Book 963 of Deeds at Page 258 known by the Warren County Real Property Tax Service Section Block and Lot("SBL")Number of 289.13-1-50 ("Hilliard Property II"), and WHEREAS,Plaintiffs,Suzanne E.Tyrer, Kimberly L. Lyon and Laura B. Tyrer (hereinafter collectively"Tyrer"), as joint tenants with the right of survivorship are the record title owners of two parcels of real property located in the Town of Queensbury,County of 'M CASE#: 2012-57449 10/04/2016 ORDER Image: 2 of 20 Warren and State of New York by virtue of a deed recorded in the Warren County Clerk's Office on August 23,2006 in Book 3027 of Deeds at Page 98 known by the Warren County Real Property Tax Service Section Block and Lot("SBL")Numbers of 289.17-1-2 and 289.13-1-51 (collectively the"Tyrer Property")and, WHEREAS, Plaintiffs David P. Cerny and Kathy A.Cerny(herein collectively"Cerny") as tenants by the entirety are the record title owners of a parcel of real property located in the Town of Queensbury, County of Warren and State of New York by virtue of a deed recorded in the Warren County Clerk's Office on May 11,2006 in Book 2933 of Deeds at page 227 known by the Warren County Real Property Tax Service Section Block and Lot("SBL")Number of 289.13-1-35("Cerny Property"), and WHEREAS,Defendants David W.Doster and Lisa A.Doster(hereinafter collectively "Doster")as tenants by the entirety are the owners of two parcels of real property located in the Town of Queensbury,County of Warren and State of New York by virtue of two deeds recorded in the Warren County Clerk's Office, the first deed was recorded on October 5, 2011, in Book 4340 of Deeds at page 173,known by the Warren County Real Property Tax Service Section BIock and Lot("SBL')Number of 289.17-1-5 and the second deed was recorded on April 10, 2013,in Book 4731 and at Page 29, known by the Warren County Real Property Tax Service Section Block and Lot Number of 289.17-1-7(collectively the"Doster Property") and WHEREAS,Defendant Glens Falls National Bank and Trust Company(hereinafter "GFNB")holds a mortgage on the property owned by the Dosters which was recorded in the Warren County Clerk's office on October 9,2014,in Book 5057 of Mortgages at page 5,and WHEREAS, Plaintiffs commenced the above entitled action by filing a complaint on July 10, 2012 seeking, among other things, a determination of the rights of the parties with 2 CASE#: 2012-57449 10/04/2016 ORDER Image: 3 of 20 respect to a certain easement and right of way to the waters of Glen Lake over the Defendants' properties,to which Dosters counterclaimed,and WHEREAS, Plaintiffs appeared by and through their attorneys,FitzGerald Morris Baker Firth,P.C.,the Doster's having appeared by and through their attorneys,Bartlett,Pontiff,Stewart &Rhodes, P.C, and GFNB having appeared by and through its attorneys,McPhillips,Fitzgerald &Cullum,LLP,and WHEREAS,Plaintiffs withdrew their claims against Defendant Taylor Hill Properties, LLC(hereinafter"Taylor Hill")by voluntary discontinuance on April 1,2013, after Taylor Hill transferred of a portion of its real property to the Dosters,and WHEREAS, for purposes of settlement the Dosters agree to grant an easement and right of way over their property benefiting Hilliard Property I,Hilliard Property U,Tyrer Property and Cerny Property,and WHEREAS,the Plaintiffs and Defendants are now desirous of resolving their dispute as to their respective claims and reaching a full and complete settlement of this action,and NOW,THEREFORE,the PIaintiffs Hilliard,Tyrer and Cerny(collectively"Plaintiffs") and the Defendants Doster and GFNB stipulate and agree to resolve all of the issues raised by the litigation and to settle this action upon the following terms and conditions: 1. Location and Terms of Pedestrian RiEht of Way: a. The Dosters hereby grant and convey to the Plaintiffs a pedestrian right of way no less than four (4) feet in width commencing at Ash Drive and located along the western boundary line of the Doster Property to the waters of Glen Lake. 3 CASE#: 2012-57449 10/04/2016 ORDER Image: 4 of 20 b. The Plaintiffs' pedestrian right of way shall include the right of access to and use of a dock at the terminus of the Pedestrian right of way extending into the waters of Glen Lake,as more fully set forth in paragraph 3 below. c. The Dosters shall construct a pathway on their property in the location of the pedestrian right of way for the benefit of the Plaintiffs and will clear said pedestrian right of way of all trees, stumps, boulders and other impediments to create a pathway that is suitable for pedestrian travel by foot while carrying items to the dock. d. Until the Dosters complete the construction of the pedestrian pathway, the Plaintiffs shall have a temporary easement for pedestrian access by foot over the Doster's existing driveway from Ash Drive to the western dock. e. After its construction, the Plaintiffs shalt be responsible for the maintenance of the pedestrian right of way subject to the oversight of the Dosters with respect to Plaintiffs'compliance with all applicable municipal rules and regulations. f. The Plaintiffs shall be solely responsible for the maintenance of the pedestrian right-of-way granted under the terms of this paragraph 1. The Plaintiffs shall keep the right-of-way in good repair and condition, free from obstructions and in an open and passable condition for use by the Plaintiffs and their guests and invitees. All maintenance shall be done Monday through Saturday during daylight hours between 10 a.m. and 4 p.m. and shall be undertaken in such manner as not to obstruct, impede or interfere with neighboring properties or with the Dosters'property outside of the right-of-way, including the use thereof by the Dosters, their tenants, guests and invitees. All maintenance shall be at the 4 CASE#: 2012-57449 10/04/2016 ORDER Image: 5 of 20 Plaintiffs' sole cost and expense, and the Plaintiffs agree to indemnify and hold the Dosters harmless in connection therewith. 2. Location and Terms of the Beach Easement. a. The Dosters hereby grant and convey an easement to the Plaintiffs for the use of a beach area along the western boundary of the Doster's Property. b. The `Beach Area" shall be comprised of an area measuring 10 feet along the shoreline from the western boundary line of the Doster's property by 10 feet in depth in a northerly direction along the western boundary line. c. The Beach Area shall be used for swimming purposes, which shall include sunbathing and the use of chairs/lawnchairs provided that no more than three(3) chairs/lawn chairs shall be allowed on the Beach Area at any one time. d. Use of the Beach Area for swimming shall be limited to daylight hours between L OAM and 7PM. e. No equipment,nor any personal property or items belonging to the Plaintiffs or to their guests and invitees may be stored or left on the Doster's property at any time. f. The Plaintiffs shall be solely responsible for the maintenance of the Beach Easement granted under the terms of this paragraph 2. The Plaintiffs shalt, at their sole cost and expense, maintain the Beach Easement in a good state of repair, free of any garbage or other obstructions and, after 7 p.m., any items of personal property belonging to the Plaintiffs and/or their guests and invitees. All 5 CASE#: 2012-57449 10/04/2016 ORDER Image: 6 of 20 maintenance shall be done Monday through Saturday during daylight hours between 10 a.m. and 4 p.m. and shall be undertaken in such manner as not to obstruct, impede or interfere with neighboring properties or with the Dosters' property outside of the easement area, including the use thereof by the Dosters, their tenants, guests and invitees. All maintenance shall be at the Plaintiffs' sole cost and expense, and the Plaintiffs agree to indemnify and hold the Dosters harmless from all such maintenance and the costs associated therewith. 3. Location of the Dock and Dock Riebts. a. The Dosters agree to construct and maintain a dock for the benefit of the Plaintiffs at the terminus of the aforementioned Pedestrian right of way extending straight into the waters of Glen Lake in a southerly direction. b. The dock will be four (4) feet wide and forty (40) feet in length from the mean low water mark extending southerly into the waters of Glen Lake. c. The dock will be placed in the water at the same location as the "west dock" as depicted on the Doster's survey map prepared by David J. Bolster dated 7/29/11 and sealed 3/5/13. d. The dock shall be used for activities related to docking a boat and launching a boat from the dock including securing the vessel, applying covers, cleaning the vessel and other routine maintenance activities. e. Fishing or exterior boat washing from on or around the dock will not be permitted. 6 CASE#: 2012-57449 10/04/2016 ORDER Image: 7 of 20 f. The parties agree that the dock will be owned by and be the personal property of the Dosters. g. The Plaintiffs collectively shall be granted a total of four(4)deeded dock spaces located along the east and west sides of the dock accommodating one boat per space. No boat(s)shall be berthed along the south end of the dock. h. The Dosters agree that the dock will be placed in the water annually by May 1 of each year, weather and lake conditions permitting, and will remain in the water until October 15. i. The Plaintiffs shall be responsible for obtaining all permits and/or approvals, including a special use permit from the Town of Queensbury. Plaintiffs' applications for permits and/or approvals to the Town of Queensbury shall first be submitted to the Dosters for review and approval prior to being filed with the Town. The Dosters approval(s)shall not be unreasonably withheld. j. The Dosters shall own the dock and shall be responsible for all ordinary, routine maintenance and repairs thereto, including the cost and expense associated therewith. The Plaintiffs shall be responsible for any damage, beyond ordinary wear and tear, to the dock caused by any one of them, including their guests and invitees, and shall have an affirmative obligation to promptly report any such damage(s)to the Dosters. Any repairs resulting from any such damage, including all costs associated therewith, shall be the sole responsibility of the Plaintiffs with any work to be performed in a workmanlike manner. The Plaintiffs and the Dosters agree to indemnify and hold each other harmless in connection with their 7 CASE#: 2012-57449 10/04/2016 ORDER Image: 8 of 20 respective obligations hereunder for maintenance of the dock and any damage(s) thereto. 4. Additional Provisions: a. The grants herein for use of the pathway, beach and dock are intended to be for the benefit of the properties currently owned by the Plaintiffs as identified above and no other or further subdivided portion(s)thereof, it being the intention of the parties that the rights granted herein by the Dosters are forever limited to the four parcels of real property currently owned by the named Plaintiffs. b. The grants herein for use of the pathway, beach and dock are intended to run with the land and shall be binding upon and inure to the benefit of the heirs,successors and assigns of the parties. c. The Plaintiffs agree to defend, indemnify and hold the Dosters harmless with respect to maintenance and use of the pathway, and the use of the Beach Area and dock by the Plaintiffs,their guests and invitees. d. The Dosters and the Plaintiffs agree that neither will impede or obstruct the others free passage over the pathway, or impede or obstruct their use of the Beach Area or dock in accordance with the terms thereof. e. The Plaintiffs agree that the use of the pathway, Beach Area and dock on the Doster's property by themselves, their guests and invitees shall be in accordance with the Doster's Rules and Regulations, set forth in Schedule "A", all of which are expressly incorporated herein and made a part hereof. 8 DL\. J'YJV LV /J 11/ Vi/ c..V./.v vi\✓ui� iaiuy .. .�L vi c..c CASE#: 2012-57449 10/04/2016 ORDER Image: 9 of 20 f. Each of the parties hereto shall be responsible for their respective attorneys' fees in connection with the negotiation, signing and recording of this Stipulation and Settlement Agreement,general releases and the stipulation of discontinuance. g. Plaintiffs shall cause this Stipulation and Agreement to be filed and recorded in the Warren County Clerk's office and indexed against the properties of the parties hereto. S. Filing Fees/Approvals: a. The Plaintiffs shall be responsible for all filing and recording fees associated with this agreement. b. The Parties agree that the terms of this Stipulation and Agreement are subject to all applicable federal, state, administrative, local and/or municipal approvals that may be required. c. GFNB agrees to subordinate its mortgage (or other lien) against the Doster's Property to the Easement and Maintenance Agreement. 6. Enforcement of Stipulation and Settlement: a. The terms and conditions of this Stipulation and Settlement Agreement shall be enforceable by any party and their successors and/or assigns. b. If any party or other person or entity bound by this Stipulation and Settlement Agreement shall institute any motion, action or proceeding in a court of competent jurisdiction to enforce the terms and conditions of this Stipulation and 9 CASE#: 2012-57449 10/04/2016 ORDER Image: 10 of 20 Settlement Agreement based upon the alleged default of any other party or person or entity bound by this Stipulation and Settlement Agreement, upon the decision, order or judgment of the court determined on the merits, the party prevailing in such action or proceeding shall be entitled to recover, and the non-prevailing party or parties shall pay to the prevailing party, the costs, expenses and disbursements, including reasonable attorneys' fees, incurred by the prevailing party. c. This Stipulation and Settlement Agreement is being executed by Plaintiffs and Defendants freely and voluntarily and not by reason of representations and inducements of any other party. 7. Applicable Law: This Stipulation and Settlement Agreement shall be interpreted and controlled by the laws of the State of New York. 8. Modification and Waiver: This Stipulation contains the entire understanding between the parties, each of whom acknowledges that there have been and are no representations, warranties, covenants or undertakings other than those expressly set forth herein. No modification, cancellation, or waiver of any of the terms of the Stipulation shall be valid unless put in writing, signed and acknowledged by all parties. No waiver of any breach or default of a term of this Stipulation shall be deemed a waiver of any breach or default of the same or similar nature. This Stipulation and Settlement Agreement may not be changed orally. t0 CASE#: 2012-57449 10/04/2016 ORDER Image: 11 of 20 9. Who is Bound: In addition to the parties themselves, this Stipulation and Settlement Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties to this Stipulation and Settlement Agreement. 10. Mutual General Releases: As soon as is practicable after the execution of this Stipulation and Settlement Agreement and the same having been So Ordered by the Court, the parties agree to exchange mutual general releases. 11. Stipulation of Discontinuance: Upon this Stipulation and Settlement Agreement being So Ordered and upon the exchange of mutual general releases among the parties, the parties' attorneys shall execute a Stipulation of Discontinuance, discontinuing the action with prejudice, and the same shall be filed in the Warren County Clerk's office and a copy provided to the Court in accordance with the Civil Practice Laws and Rules. A. It is the intention of the parties that the Supreme Court, Warren County retain jurisdiction over this action for the future enforcement of this Stipulation and Settlement Agreement. It is further the intention of the parties that the filing and docketing of this Stipulation and Settlement Agreement will not discontinue or terminate this action and-the action will remain on the calendar until such time that the Stipulation of Discontinuance is filed. 11 CASE#: 2012-57449 10/04/2016 ORDER Image: 12 of 20 12. Counterparts: This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, and all of which, when taken together, constitute one and the same document. The signature of any party to any counterpart shall be deemed a signature to,and may be appended to,any other counterpart. IN WITNESS WHEREOF, the Parties have executed this Stipulation and Settlement Agreement as of August 2016. 1 Russell A.Hilliard Mary C.Hilliar E. Tyrer Kimberly L. yon ura B. er Davi .Cerny Kathy C 12 CASE#: 2012-57449 10/04/2016 ORDER Image: 13 of 20 David D er Lisa Doster Glens F Its National Bank an st Company By: SO ORDERED: on.Rob J.M ller, S.C. ated: t?e ,2016 Lake George,New York ENTER y 13 L1\. JR JV L V. /J 11/ V 1/ GV 14/ VL\✓l.:L l\ 11llQ l�C. 1 V VL GG CASE#: 2012-57449 10/04/2016 ORDER Image: 14 of 20 STATE OF NEW YORK ) SS.. COUNTY OF WARREN ) On the_-day of a in the year 2016 before me,the undersigned, a Notary Public in and for said State,peffonally appeared Russell A.Hilliard,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or he p on upon behalf of which the individual acted,executed this instrument. Notary Public .•`•GNAE� CR {{�••NOTARY N0.02CR8278g75 CUALIFIED IN 8AIiATO(;r,ClTYi N QOMM EXP. i A ti 03/04/2017 � ��y)•. AVBII�..•. 0 0P N S44 ' y STATE OF NEW YORK ) }SS.. COUNTY OF WARREN ) On the day of &4GrQ--. in the year 2016 before me, the undersigned, a Notary Public in and for said State, sonally appeared Mary C. Hilliard, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument, the individual, the rson upon behalf of which the individual acted,executed this instrument. t Notary Public TA d•••�4NPE L/cRa�'; r fVO. to 02CR827g575: i� UT t IE0IN N = COMM.EXZ COUWTY 03104/2017' C �UBLIG N 14 ,,I,,�O� 'EWy,`,•• CASE#: 2012-57449 10/04/2016 ORDER Image: 15 of 20 STATE OF NEW YORK ) SS.. COUNTY OF WARREN ) On the 31 day of a in the year 2016 before me,the undersigned,a Notary Public in and for said State, ersonally appeared Suzanne Tyrer, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument, the individual, pe on upon behalf of which the individual acted,executed this instrument. ., Notary Public ♦��•,..•�;oT� RO�`•, NO. KR °kRe2�ws AUT LrM01spi to COMM c PAY: STATE OF NEW YORK ) ;y•:, 03/041i 0»• SS.: F COUNTY OF ) On the 31 day of ud- in the year 2016 before me,the undersigned, a Notary Public in and for said State,peiKonally appeared Kimberly L. Lyon,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument, the individual, or th person upon behalf of which the individual acted,executed this instrument. Notary Public `jc,NAEL C"!" 02cli 2" N Lip,,e f a rV�s t� I GO M STATE OF NEW YORK ) %���s.;o�'1IoiP ',� SS.: • F ' sic,,.. COUNTY OF ,� ���N E W On the L day of��,sejZ in the year 2016 before me,the undersigned,a Notary Public in and for said State, personally appeared Laura B. Tyrer, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument, the individual, or th person upon behalf of which the individual acted,executed this instrument. Nota '� ry lic Pub �� •••.....N '••�0 0, / qUA CQ�7 i fn 403 y j�T�F�FO k�sl CASE#: 2012-57449 10/04/2016 ORDER Image: 16 of 20 STATE OF NEW YORK ) )SS.: COUNTY OF WARREN ) On the 23 day of in the year 2016 before me, the undersigned, a Notary Public in and for said State, rsonally appeared David Cemy, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument, the individual, r th person upon behalf of which the individual acted,executed this instrument. Notary Public ��• NG O No 02CR0270075 SAPAT�EO IN 2 N} COMM.Exp, STATE OF NEW YORK ) : A 4 0310+/2017 / sc $S.: F •1 y0�. COUNTY OF WARREN ) "IOF N+E's++ On the 013 day of /q+t k in the year 2016 before me, the undersigned, a Notary Public in and for said State, ersonally appeared Kathy Cerny, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument, the individual, the p son upon behalf of which the individual acted,executed this instrument. Notary Public % .••NpT,4R .ti No.02cRa27aa7s� ' � OUALIF1E0 IN SNtATC{;�COU N i COMM.EXP 16 CASE#: 2012-57449 10/04/2016 ORDER Image: 17 of 20 STATE OF NEW YORK ) }SS.: COUNTY OF On the t Cf day of AiAAi&sf —in the year 2016 before me, the undersigned, a Notary Public in and for said State, personally appeared David Doster, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed t same in his capacity as Supervisor for the Town of Galway, and that by his si atum on t i t!Tent, the individual, or the person upon behalf of which the individual acte , xecut'd t e ' rument. KolPublic MARK E.CERASANO Notary Public,State of New York Saratoga County,Reg.02CE4941739 STATE OF NEW YORK ) My Commission Expires Aug.2S.2041 ) SS.: COUNTY OF WAtZREP ) On the J�day of A u wi+ in the year 2016 before me, the undersigned, a Notary Public in and for said State,personally appeared Lisa Doster,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the s e in her capacity, and that by her signature on the instrument, the individual, r the pers pon behalf of which the individual acted,executed this instrument. Nly Public MARK E.CERASANO Notary Public,State of New York Saratoga County,Reg.02CE4941739 My Commission Expires Aug.29,20LL 17 CASE#: 2012-57449 10/04/2016 ORDER Image: 18 of 20 STATE OF NEW YORK ) ,A/ ) SS.: COUNTY OF WA.r►rCh ) On the/�ay ofsa�',h'tbe in the year 16 before , the undersigned, a Notary Public in and for said State, personally appeared C& JL(.��/Y� _, personally known to me or proved to me on the basis of satisfacto4 evidence to be the individual whose name is subscribed to the within ffistiWent and a knowledged to me that she/he executed the same in her/his capacity as V lr� pfP S idegj for the Glens Falls National Bank and Trust Company, and that by her/his signature on the instrument,the individual,or the person upon behalf of which the individual acted, executed the instrument. Im"I"liml 1.�-Iu-qlk— Not Public MELISSA D.LESCAULT NOTARY PUBO 0-STAT OF,NEw YORK, QUALIFIED IN SARATOGA COUNTY (6) MY COMMISSION EXPIRES FEB 3,20 18 CASE#: 2012-57449 10/04/2016 ORDER Image: 19 of 20 RULES AND REGULATIONS The following rules and regulations shall govern the use of the pedestrian right-of-way providing access from Ash Drive to the shore of Glen Lake, the use of the Beach Area,and to use of the dock to be constructed and installed by the Dosters (hereinafter collectively referred to as the "Easement Area"). 1. Parking shall be prohibited on the Doster's property. 2. Alcohol,smoking, including smokeless cigarettes,and nudity are prohibited. 3. All persons utilizing the Easement Area shall behave in a civil manner.No loud or foul language or loud noise will be permitted. 4. Except for headphones,ear buds and similar devises,amplified radio,music devices and musical instruments are not permitted. 5. Drones are prohibited. 6. Swimming by the Plaintiffs and those authorized to use the Easement Area is at the users'own risk. 7. No equipment nor any items of personal property belonging to the Plaintiffs or to their guests and/or invitees may be stored or left on the Doster's property or on the Easement Area at any time. 8. Feeding ducks, fish or wildlife from the Easement Area is prohibited. 9. No pets allowed on the Easement Area except that an owner or owner(s)may be permitted to use the pedestrian right-of-way to bring his or her duly licensed and registered dog to their boat(s)provided such dog is leashed and provided that any dog waste is promptly and properly disposed of. 10. Launching of boats and/or water crag of any kind from the Doster's property or Easement Area is prohibited. 1 l. The dock shall be used for activities related to docking a boat and launching a boat from the dock,including securing the vessel,applying covers,cleaning the vessel and other routine maintenance activities. Fishing or exterior boat washing from on or around the dock will not be permitted. Boats berthed at the dock shall not be used for sunbathing or other similar beach area activities. 12. No boat required to be registered shall be berthed at the dock unless the boat has a current registration sticker affixed thereto. "Schedule A" CASE#: 2012-57449 10/04/2016 ORDER Image: 20 of 20 13. No mechanical boat lifts or extensions shall be permitted. 14. No mooring or tying of additional boats, floats,innertubes or other water devises to the boats berthed at the dock shall be permitted. 15. Use of the Beach Area for swimming shall be permitted during daylight hours only between 10:00 am and 7:00 pm. 16. No removal of vegetative buffers outside of the Easement Area. 17. Use of fertilizer,pesticides or other toxic materials is prohibited. 18. Use of BBQ,gas stoves, fireworks or other flammable devises on and within the Easement Area is prohibited. 19. The Easement Area shall not be utilized for any commercial purpose,including lease,rental or charter for profit. 20. Other than for the property owners and members of their immediate family over the age of 18, use of the Easement Area by all others must be accompanied by a property owner. 21. No portable sewerage devise or sewerage disposal shall be permitted within the Easement Area.