HomeMy WebLinkAboutL 13154 P 11 11111111 IIII 1111111111 IIIII IIIII IIIII IIIII IIIII IIII IIII
111111 I I I I I111 I I
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 04/29/2022
Number of Pages: 15 At: 04 :27 :13 PM
Receipt Number : 22-0074888
TRANSFER TAX NUMBER: 21-32957 LIBER: D00013154
PAGE : 011
District: Section: Block: Lot:
1000 005 . 00 02 .00 007 . 009
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $100.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $75 . 00 NO Handling $20 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
TP-584 $5 . 00 NO Notation $0 . 00 NO
Cert.Copies $0 . 00 NO RPT $400 . 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $520 . 00
TRANSFER TAX NUMBER: 21-32957
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
s• FI][2]
� RECORDED
Number of pages 2022 A'pr 29 0 -27:13 P1,1
JUDITH A. PASC:ALE
CLERK SOF
This document will be public SUFFOLK COUNTY
record.Please remove all L 1)00013154
P C111
Social Security Numbers DT# 21-32957
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee
IS-, Mortgage Amt.
1�,Basic Tax
Handling 20, 00
2. Additional Tax
TP-584 S— Sub Total
Notation SpecJAssit.
I D or
EA-5217(County)— Sub Total Spec./Add.
EA-5217(State) _ TOT.MTG.TAX
�� q OD — Dual Town Dual County —
R.P.T.S.A. Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax ufi
Affidavit _
Mansion Tax
� The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00 ° � family dwelling only.
Sub Total �* YES or NO
Other /In�
Grand Total 1 If NO, see appropriate tax clause on
tpage# oft is ins ument.
`0)
12 1 121M
4 Dist, 10 4789216 1.� � 5 Community Preservation Fund
Real Property p T S +ILII�I�IlI0llllll�l�ll�ll�llllllllllll��l Co ideration Amount$ _
Tax Service R POL A I ! l I f! f I
Agency 01-MAR-2 CPFT Due $
Verification
- - -- Improve
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
STEPHEN L.HAM,III,ESQ. TD
MATTHEWS&HAM TD
38 NUGENT STREET
SOUTHAMPTON,NY 11968 TD
Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name r i7dI1?( rl wea
www.suffolkcountyny.gov/clerk Title# /
g Suffolk County Recording & Endorsement Page
This page forms part of the attached EASEMENT AGREEMENT made
by: (SPECIFY TYPE OF INSTRUMENT)
THE van HENGEL FAMILY The premises herein is situated in
PROPERTY TRUST dtd. 12/08/2011 SUFFOLK COUNTY,NEW YORK.
TO In theTOWN of SOUTHOLD
CHRISTOPHER RUSSELL BALL In the VILLAGE
and DAPHNE LeFEAVER BALL or HAMLET of FISHERS ISLAND
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
r PT S
Stat ID: , 4789216 R POL A 1-MAR-22
Tax Maps
District Secton Block Lot School District
1000 00500 0200 007009 FISHERS ISLAND
1000 00500 0200 007010 FISHERS ISLAND
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EASEMENT AGREEMENT /� p
EASEMENT AGREEMENT, made as of the l7'*day of December, 2021, by
Maarten Riley van Hengel, Virginia Loughlin, Hugh Drake van Hengel and Drusilla
Ruth van Hengel, as Trustees of The van Hengel Family Property Trust dtd.
1210812011, 9 Ryder Road, Ossining, New York 10562 (hereinafter, EGrantoro, and
Christopher Russell Ball and Daphne LeFeaver Ball, 23 rue de Bourgogne, Paris
75007, France (hereinafter collectively, [Granteeq;
WITNESSETH :
WHEREAS, Grantor is the owner in fee simple of a parcel of land located at
and designated as [Hillwatch❑1825 Castle Road, Fishers Island, Town of Southold,
County of Suffolk and State of New York (SCTM No. 1000-005.00-02.00-007.009), more A
fully described in Schedule A attached hereto ([Grantor's Premises E); and
WHEREAS, Grantee is the owner in fee simple of a parcel of land located
at and designated as EKinderhaus01825 Castle Road, Fishers Island, Town of Southold,
County of Suffolk and State of New York (SCTM No. 1000-005.00-02.00-007.010), more 6
fully described in Schedule B attached hereto ([Grantee's Premisesq; and
WHEREAS,Grantee desires to acquire a temporary non-exclusive easement
and right of way over a portion of GrantorFS Premises, which portion includes the existing
driveway serving Grantor® Premises and Granteerg Premises, and Grantor is willing to
grant such an easement and right of way upon the terms and conditions hereinafter set
forth;
NOW,THEREFORE, in consideration of the sum of Ten Dollars($10.00)and
other good and valuable consideration paid by Grantee, the receipt and sufficiency of
which is hereby acknowledged, Grantor hereby grants and releases unto Grantee and
GranteeFs respective distributees, devisees, personal representatives, successors and
assigns, a temporary non-exclusive easement and right of way over and across the L
Easement Area described on Schedule C hereto as appurtenant to and for the benefit of
GranteeFS Premises for the purpose of ingress and egress by pedestrians and vehicles to
and from Granteefs Premises and the private road sometimes called Castle Road, East
End Road and East Main Road. The foregoing grant is subject to the further terms of this
Easement Agreement to which Grantor,and Grantee do hereby agree as follows-
1.
ollows:1. Grantor and Grantee shall share equally in the cost of ordinary
maintenance of and repair to the existing driveway located in the Easement Area. For
purposes of this Agreement, Ernaintenance Eshall include but not necessarily be limited to
keeping the Easement Area clear from such obstructions as may affect it from time to time,
including snow and ice as well as fallen tree limbs and other debris resulting from the
I
elements. For purposes of this Agreement, Repair shall include but not necessarily be
limited to restoration of the driveway in the Easement Area to the condition in which the
driveway exists on the date hereof, the parties acknowledging that no such repair shall be
deemed necessary until there has been substantial wear and tear to the driveway as
determined by a licensed paving contractor.
2. Grantor and Grantee shall repair at their sole cost and expense any
extraordinary damage to the Easement Area or to the driveway located therein resulting
from their particular acts or omissions or the acts or omissions of their respective
contractors, guests or other invitees. For purposes of this Agreement, [extraordinary
damage[6hall mean and include damage other than that resulting form normal wear, tear,
natural deterioration and the elements.
3. Grantee and any person or entity engaged by Grantee for such
purpose shall have the right, from time to time upon reasonable notice to and consent of
Grantor, which consent shall not be unreasonably withheld or delayed, to enter upon
Grantors Premises in order to maintain and repair the driveway in the Easement Area.
4. To the extent one party pays the portion of the expense of an item
of maintenance or repair for which the other party is responsible hereunder, the paying
party shall be entitled to reimbursement from the other party forthwith upon demand.
5. No construction vehicles or heavy machinery shall be allowed in the
Easement Area between Memorial Day and Labor Day in any year without the written
consent of Grantor, which consent shall not be unreasonably withheld or delayed,.
6. The easement and right of way granted herein is for ingress and
egress by pedestrians and vehicles only and the Easement Area shall not be used for
parking or storage.
7. Grantee shall indemnify and hold harmless Grantor from and against
all claims, demands, suits, costs, expenses, liabilities, fines, penalties, losses, damages
and injury to person, property or otherwise,including,without limitation,direct, indirect and
consequential damages, court costs and reasonable attorneyla fees, resulting to Grantor
and arising from or in any respect relating to any exercise or use of the easement granted
hereunder by Grantee and Grantees guests and invitees except to the extent any such
injury, loss or damage shall have been caused by or shall have resulted from the willful or
intentional act of, or failure to exercise ordinary care by, Grantor, its agents, guests,
invitees, family members or employees.
8. This Easement Agreementand the easement and right of way granted
hereunder shall terminate on the earlier to occur of(i) the date a new driveway serving
GranteeFs Premises alone shall have been constructed on Grantee F9 Premises and is
2
operational and has been duly approved by any permitting authorities with jurisdiction, or
(ii) December 10, 2024.
IN WITNESS WHEREOF, Grantor and Grantee have executed this
Easement Agreement as of the day and year first above written.
THE van HENGEL FAN41LY PRO ERTY TRUST dtd. 1210812011, Grantor
By
Maarten Riley van Hen el, Co-Trustee
By
Virginia Loughlin, Co-Trustee
By
Hugh Drake van Hengel, Co-Trustee
By
Drusilla Ruth van Hengel, Co-Trustee
t3 t a-s
Christopher Russell Ball,
By Stephen L. Ham, III, as agent
. ,
Daphne LeFeaver Balll,
By Stephen L. Ham, III, as agent
STATE OF W`e,,i '-(deL((
SS.-.
COUNTY OF OWYOtL )
On the L� day of December in the year 2021 before me, the undersigned, personally
appeared Maarten Riley van Hengel personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity and that
by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instru n
A�,NE„YaIfIff
v�,'',,,,
STATE ` G' Notary II
,'OF NEW YORK', s �(� Jzk-t�5NOTARY PUBLIC3
.[ +OUALIFIEOINNASM000U;,#N
0 +, 01Y063551230.
"9,,, /ON
EXQ1FiE 01+
i
r r
STATE OF )
COUNTY OFss.:
}
On the - day of December in the year 2021 before me, the undersigned, personally
appeared Virginia Loughlin 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 the'person. upon.behalf of which the
individual acted, executed the instrument. '
Notary Public
STATE OF
COUNTY OFss.:
}
On the day of December in the year 2021 before me, the"Undersigned, personally
appeared Hugh Drake van Hengel personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity and that
by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
Notary Public
t 1 'e
4
1 +
1
1
operational and has been duly approved by any permitting authorities with jurisdiction, or
(ii) December 10, 2024.
IN WITNESS WHEREOF, Grantor and Grantee have executed this
Easement Agreement as of the day and year first above written.
THE van HENGEL FAMILY PROPERTY TRUST dtd. 1210812011, Grantor
By
Maartenk- R=-
el, Co-Trustee
By
Virgi Aa Loughlin, Co-Trustee
By � -
Hugh Drake van Hengel, Co-Trustee
By
Drusilla Ruth van Hengel, Co-Trustee
Christopher Russell Ball,.,,.
By Stephen L. Ham, III, as agent
Daphne LeFeaver Balll,
By Stephen L. Ham, III, as agent
STATE OF )
ss.:
COUNTY OF )
On the day of December in the year 2021 before me, the undersigned, personally
appeared Maarten Riley van Hengel personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity and that
by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
r1F
Notary Public
3
operational and has been duly approved by any permitting authorities with jurisdiction, or
(ii) December 10, 2024.
IN WITNESS WHEREOF, Grantor and Grantee have executed this
Easement Agreement as of the day and year first above written.
THE van HENGEL FAMILY PROPERTY TRUST dtd. 1210812011, Grantor
By
Maarten Riley van Hengel, Co-Trustee
By
Virginia Loughlin, Co-Trustee
By
Hugh Drake van Hen el, Co-Trustee
By
Drusilla Ruth van Hen el, Co-Trustee
Christopher Russell Ball,
By Stephen L. Ham, III, as agent
Daphne LeFeaver Balll,
By Stephen L. Ham, III, as agent
STATE OF )
ss..
COUNTY OF )
On the day of December in the year 2021 before me, the undersigned, personally
appeared Maarten Riley van Hengel personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity and that
by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
Notary Public
3
1 •
1 1 1 r , ' I •
STATE OF
ss.:
COUNTY OF )
On the day of December in the year 2029 before me, the undersigned, personally
appeared Virginia Loughlin 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 the person upon behalf of which the
individual acted, executed the instrument.
Notary Public
STATE OF )
ss..
COUNTY OF )
On the day of December in the year 2021 before me, the undersigned, personally
appeared Hugh Drake van Hengel personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity and that
by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
Notary Public
i
i
,
4
STATE OF
COUNTY OF 1N�sT�,�nCsTer) ss.:
On the S day of December in the year 2021 before me, the undersigned, personally
appeared Virginia Loughlin 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 the person upon behalf of which the
individual acted, executed the instrument.
Dorothee R Caulfiely taryPub c
Nota Public-State of New York a4lt�„�
-
Notary �'
No. 01 CA6078909
Qualified'in Westchester County
My Commission ExpiresAugust 12, 2022
STATE OF CN(I�IP }
jq SS.:
COUNTY OF j(he )
On the 0- day of December in the year 2021 before me, the undersigned, personally
appeared Hugh Drake van Hengel 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 he executed the same in his capacity and that
by his signature on the instrument, a ndividual, or the person upon behalf of which the
individual acted, executed the in ru n
tary Publ'c
��� ��
CLAUDIA BENNETT
NOTARY PUB!_IC - CONNECTICUT
MY COMMISSIOj� E:Xi'[RES JUL. 31, 2022
4
STATE OF or-1p )
ss.:
COUNTY OF
On the G"' day of December in the year 2021 before me, the undersigned, personally
appeared Drusilla Ruth van Hengel 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 the person upon behalf of which the
individual acted, executed the instrument.
ay'4i - -C
&6
Nota Public
OFFICIAL STAMP 1
= CHRISTINAMICHELA
NOTARY PUBLIC•OREGON
COMMISSION NO.996794
MY COMMISSION EXPIRES APRIL 14,2024
STATE OF NEW YORK )
ss..
COUNTY OF SUFFOLK )
On the 1 -7 day of Jae in the year 2021 before me, the undersigned, personally
appeared Stephen L. Ham, III personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacities and that
by his signatures on the instrument, the individual, or the persons upon behalf of which the
individual acted, executed the instru
V
14, Notary Public
John J.Turck
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01 TU6105593
Qualified in Suffolk County
Commission Expires Feb.9,2024
5
Schedule A
to
Easement Agreement
Grantor: THE van HENGEL FAMILY PROPERTY TRUST dtd. 12/08/2011
Grantee: Christopher Russell Ball and Daphne LeFeaver Ball
Agreement Dated: December/77 , 2021
i
ALL that certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of
Suffolk and State of New York, being a part of that portion of Fishers Island lying to the
east of Peninsula Road, said lot or parcel of land being bounded and described as follows:
BEGINNING at an iron pipe on the southeasterly line of a road, said iron pipe being
located 268.71 feet North of a point which is 215.28 feet East of a monument marking the
U.S. Coast and Geodetic Survey Triangulation Station "East End 2"; and
RUNNING THENCE South 18 degrees 02 minutes 30,seconds West, 419.89 feet;
THENCE North 71 degrees 02 minutes 40 seconds West, 203.46 feet to an iron pipe;
THENCE North 13 degrees 57 minutes 20 seconds West, 267.97 feet to a point on the
southeasterly line of said road, said point being a point of curve to the right having a radius
of 573.11 feet and the direction of whose radius at that point is South 30 degrees 46
minutes 43 seconds East;
THENCE northeasterly following the arc of said curve, 402.11 feet to the iron pipe at the
point or place of BEGINNING.
6
Schedule B
to
Easement Agreement
Grantor: THE van HENGEL FAMILY PROPERTY TRUST dtd. 12/08/2011
Grantee: Christopher Russell Ball and Daphne LeFeaver Ball
Agreement Dated: December .t 1 , 2021
ALL that certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of
Suffolk and State of New York, being more particularly bounded and described as follows:
BEGINNING at an iron rod set on the southeasterly line of a road, said iron rod being
located 195.61 feet North of a point which is 171.82 feet East of a monument marking the
U.S. Coast and Geodetic Survey Triangulation Station "East End 2"; and
RUNNING THENCE from said point of beginning South 13 degrees 57 minutes 20
seconds East, 267.97 feet to an iron rod;
THENCE South 71 degrees 02 minutes 40 seconds West, 203.46 feet to an iron rod;
THENCE South 18 degrees 02 minutes 30 seconds West, 98.44 feet to a monument;
THENCE North 71 degrees 02 minutes 40 seconds West, 292.22 feet to a point;
THENCE South 32 degrees 50 minutes 20 seconds West, 55.77 feet to a point;
THENCE North 41 degrees 32 minutes 40 seconds West, 67.81 feet to a point of curve to
the left having a radius of 232.57 feet and the direction of whose radius at that point is
South 48 degrees 27 minutes 20 seconds West;
THENCE northwesterly following the arc of said curve, 99.73 feet to a point;
THENCE North 66 degrees 06 minutes 50 seconds West, 108.61 feet to a point of curve
to the left having a radius of 101.08 feet and the direction of whose radius at that point is
South 23 degrees 53 minutes 10 seconds West;
THENCE northwesterly following the arc of said curve, 44.25 feet to an iron rod set on the
southeasterly side of said road;
7
THENCE North 70 degrees 42 minutes 20 seconds East, 6.38 feet to a point of curve to
the left having a radius of 665.39 feet and the direction of whose radius at that point is
North 19 degrees 17 minutes 40 seconds West;
THENCE northeasterly following the arc of said curve, 185.81 feet to a point;
THENCE North 54 degrees 42 minutes 20 seconds East, 170.00 feet to a point of curve
to the right having a radius of 573.77 feet and the direction of whose radius at that point
is South 35 degrees 17 minutes 40 seconds East;
THENCE northeasterly following the arc of said curve, 45.22 feet to the iron rod set at the
point or place of BEGINNING.
8
Schedule C
to
Easement Acireement
Grantor: THE van HENGEL FAMILY PROPERTY TRUST dtd. 12/08/2011
Grantee: Christopher Russell Ball and Daphne LeFeaver Ball
Agreement Dated: December 1-1 , 2021
All that certain plot, piece or parcel of land, situate, lying and being at Fishers
Island,Town of Southold, County of Suffolk and State of New York, being more particularly
bounded and described as follows:
BEGINNING at a point in the southerly line of Castle Road, said point being 273.86 feet
North of a point which is 67.53 feet East of a monument marking the United States Coast
and Geodetic Survey Triangulation Station "East End 2"; and
RUNNING THENCE South 10°49' 44" West, 20.86 feet to a point;
THENCE South 12°50' 13" East, 64.82 feet to a point;
THENCE South 31°32' 37" East, 102.33 feet to a point;
THENCE South 23'24' 50" East, 24.73 feet to a point of curve to the right having a radius
of 47.50 feet and the direction of whose radius at that point is South 66035' 10" West;
THENCE southwardly following the arc of said curve, a distance of 34.37 feet to a point;
THENCE South 18°02' 30" West, 104.80 feet to a point;
THENCE South 28°52' 30" West, 82.76 feet to a point in the northerly boundary of said
easement being conveyed;
THENCE along said boundary line North 71°02' 40" West, 40.00 feet to a point;
THENCE North 18°57' 20" East, 15.00 feet to a point;
THENCE South 71°02' 40" East, 6.39 feet to a point of curve to the left having a radius
of 25.00 feet and the direction of whose radius at that point is North 18°57' 20" East;
9
THENCE northeastwardly following the arc of said curve, a distance of 34.94 feet to a
point;
THENCE North 28°52' 30" East, 47.73 feet to a point;
THENCE North 18°02' 33" East, 103.38 feet to a point of curve to the left having a radius
of 32.50 feet and the direction of whose radius at that point is North 71°57' 27" West;
THENCE northwardly following the arc of said curve, 23.52 feet to a point;
THENCE North 23°24' 50" West, 23.67 feet to a point;
THENCE North 31'32' 37" West, 103.73 feet to a point;
THENCE North 12`50' 13" West, 68.87 feet to a point;
THENCE North 31*36' 19"West, 21.82 feet to a point in said southerly line of Castle Road;
THENCE eastwardly along said road line and following the arc of a curve to the right with
a radius of 573.77, a distance of 30.56 feet to the point of BEGINNING.
10