HomeMy WebLinkAboutL 13154 P 12 1111111 Ilii 11111 I I I I I I I I I 111111 lI1 1 1 1 1 1II I!!il I I I I I111
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 04/29/2022
Number of Pages: 14 At: 04 :27 :13 PM
Receipt Number : 22-0074888
TRANSFER TAX NUMBER: 21-32958 LIBER: D00013154
PAGE: 012
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 $70 . 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 $515.00
TRANSFER TAX NUMBER: 21-32958
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
RECI DED
Number of pages
2022 Apr 29 04:27:13 Ph1
_TUDITH A. PASCALE
This document will be public CLERK OF
SUFFOLK COUNTY
record.Please remove all L D09013154
Social Security Numbers P 012
prior to recording. DT# 21-32952
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
�
Page/Filing Fee 0 Mortgage Amt.
1.Basic Tax '
Han 20. 00
2. Additional Tax
TP Sea Sub Total
Notation Spec./Assit.
SEA 52 17(County) Sub Total or
Spec./Add.
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A.
_Dual Town Dual County _
Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Mansion Tax
Affidavit
mw The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total 40z YES or NO
Other
Grand Total SI If NO, see appropriatetax clause on
page# of thiis in trum``ent.
4 1 Dist. 11 4789214 '1,Q12J19 5 Community Preservation Fund
Real Property
Tax Service R PO A ,IIIIIIIIIIII�IIIIIIIVIIIILIIIIIIII�IIIII Consideration Amount$
Agency 01-MAR- CPF ax Due $
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant L nd
STEPHEN L. HAM,111,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
www.suffolkcountyny.gov/clerk �a
Title#
8 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 the TOWN 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
p T S
Stat ID: 4789214 R POL A0.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
EASEMENT AGREEMENT, made as of the 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, "Grantor"), and
Christopher Russell Ball and Daphne LeFeaver Bali, 23 rue de Bourgogne, Paris
75007, France (hereinafter collectively, "Grantee);
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 Jx,
fully described in Schedule A attached hereto (Grantor's Premises"); and
WHEREAS, Grantee is the owner in fee simple of a parcel of land located
at and designated as "Kinderhaus" 1825 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 Q.
fully described in Schedule B attached hereto ("Grantee's Premises"); and
WHEREAS, utility equipment and devices have previously been installed in
a portion of Grantor's Premises for the purpose of providing electric, telephone/data and
water utility services to Grantor's Premises and Grantee's Premises; and
WHEREAS, Grantee desires to acquire a permanent easement over a
portion of Grantor's Premises, which portion includes the land under which the utility
equipment and devices serving Grantor's Premises and Grantee's Premises were installed,
and Grantor is willing to grant such an easement 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 does hereby grant and release unto Grantee, and
Grantee's distributees, devisees, personal representatives, successors and assigns, a
permanent easement upon, across, over and/or under the Easement Area described on
Schedule C hereto for the use, installation, maintenance, repair and replacement of G
electric, telephone/data and water service conduits, lines, pipes, transformers and other
utility equipment and devices of any nature that may now or may hereafter be employed
to provide utility services to Grantee's Premises. The foregoing grant is subject to the
further terms of this Easement Agreement to which Grantor and Grantee do hereby agree
as'iollows:
l
' 1. All utility equipment and devices installed from and after the date hereof,
if any, shall be installed underground.
2. The easement granted hereunder shall include the right of Grantee and
Grantee's contractors and agents to enter upon Grantor's Premises upon written consent
of Grantor,which shall not be unreasonably withheld or delayed, to undertake any actions
in the Easement Area consistent with the purposes for which this easement is granted,
including but not limited to the trimming, cutting and removal of trees and other vegetation
that in Grantee's reasonable judgment might interfere with the continuity of any utility
service, and the obligation of the Grantee at Grantee's sole cost and expense (but subject
to Sections 3 and 4 below ) to restore any disturbed area as nearly as practicable to its
original condition after the placement, installation, maintenance, repair, inspection or
replacement of any such utility service.
3. Grantor and Grantee shall repair at their sole cost and expense any
extraordinary damage to the Easement Area or to the utility equipment and devices 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 Easement
Agreement, "extraordinary damage" shall mean and include damage other than that
resulting form normal wear, tear, natural deterioration and the elements.
4. Except for extraordinary damage for which one or the other of Grantor
or Grantee shall be responsible pursuant to Section 3, the cost of maintaining the
Easement Area and repairing damage to the Easement Area or the utility equipment and
devices located therein shall be borne equally by Grantor and Grantee; provided,however,
when the utility equipment and devices are not shared and serve only Grantor or Grantee
separately, such cost shall be borne solely by Grantor or Grantee, as the case may be.
5. 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 attorney's 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 Grantee's 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.
6. This Easement Agreement and the easement granted hereunder shall
run with the land and shall be binding upon and inure to the benefit of the respective
distributees, devisees, personal representatives, successors and assigns of Grantor and
!Grantee.
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IN WITNESS WHEREOF, Grantor and Grantee have executed this
Easement Agreement as of the day and year first above written.
THE van HENGEL FAM Y PROP RTY TRUST dtd. 121x8/2011, Grantor
By
Maarten Riley van H n o-Trustee
By
Virginia Loughlin, Co-Trustee
By
Hugh Drake van Hengel, Co-Trustee
By
Drusilla Ruth van Hengel, Co-Trustee
C4c F+L, Aui 444 17AU
Ry 4 L" t
Christopher opher Russell Ball,
By Stephen L. Ham, III, as agent
Daphne LeFeaver Balll,
By Stephen L_ Ham, III, as agent
STATE OF Ve4j 7 kr-L}
ss.:
COUNTY OF Aie_0voxb
On the P 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 the person upon behalf of which the
individual acted, executed the instrument.
otary Public
CRAIG WEXLER v
.P40fiARY PUBLIC-STATE OF NEW YORK'
3 No.01 WE8071493
Qualified in New York County
My Commission Expires 03-10.2022
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
Ma art Riley an Hengel, Co-Trustee
By J
Vrgini oughlin, Co-Trustee
By f
Hugh Drake van Hengel, G"o-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.
Notary Public
3
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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 Hengel, Co-Trustee
By. 'DX,�4
Drusilla Ruth n Hengel, o-Trustee
Christopher Russell Bali,
By Stephen L. Ham, III, as agent
Daphne LeFeaver Balli,
By Stephen L. Ham, 111, 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
STATE OF }
ss.:
COUNTY OF
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
t
i
STATE OF }
ss..
COUNTY OF )
On the day of December in the year 2027 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
4
5
STATE OF y )
COUNTY OF WC-SXC"-t-er) ss.:
On the S5 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.
laaR4, tal ILA
F.tauWkC Notary)
otaryPublic
Dorothee R Caulfield
Notary Public-State of New York
No. 01 CA6078909 .
Qualified'in Westchester County
My Commission Expires August 12, 2022
STATE OF CdNveWr wi- )
COUNTYI`OOF FAtArIe.P ) ss.:
On the /%qday 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,4 executed the same in his capacity and that
by his signature on the instrument, the i i id 1, or the person n behalf of which the
individual acted, executed the instruiont
7
Not u IiC
t�'ar-zo
J1
CLAUDIA SENNETT
1..., iA?Y 1 L[Bl_IC - CONNECTICUT
:.'.
C UM 1MISS]0 I EXP 1RES JUL. 31,2022
4
STATE OF
COUNTY OF Mir: AINGii,a I} ) ss.:
,vr.
On the Gday 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.
Notary Publ'c
CAA X 14,,
OFFICIAL STAMP
CHRISTINA MICHELA
NOTARY PUBLIC-OREGON
k ' COMMISSION NO.995794
PAY COM4USSION EXPIRES APRIL 14,2024
STATE OF NEW YORK ).
ss..
COUNTY OF SUFFOLK )
On the 17 day of Jae in the year 2029 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, the persons upon behalf of which the
individual acted, executed the instrume
otary Public
John J.Turck
NOTARY PUBLIC,STATE OF NEW YORK
Rcgisualiou No.01TU6105593
Qualified in Suffolk County
Commission Expires Feb,9,2024
5
Schedule A
to
Easement Aareement
Grantor: THE van HENGEL FAMILY PROPERTY TRUST dtd. 12/08/2011
Grantee: Christopher Russell Ball and Daphne LeFeaver Ball
Agreement Dated: December 17 , 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 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 are-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 11 , 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; R 41D
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;
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
7
North 19 degrees 17 minutes 40 seconds West;
THENCE northeasterly following the are 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 are of said curve,45.22 feet to the iron rod set at the
point or place of BEGINNING.
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' Schedule.0
to
Easement Agreement
Grantor: THE van HENGEL FAMILY PROPERTY TRUST dtd. 12/08/2011
Grantee: Christopher Russell Bali and Daphne LeFeaver Ball
Agreement Dated: December 11 , 2021
Easement Area for Electric and Telephone/Data Service
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 ten feet in width
and the center line of which is more particularly described as follows:
BEGINNING at a point in the southerly line of Castle Road, said point being 270.16 feet
North of a point which is 37.19 feet East of a monument marking the United States Coast
and Geodetic Survey triangulation Station "East End 2"; and
RUNNING THENCE the following eight (8) courses and distances to a point in the
northerly boundary of the herein conveyed easement:
(1) South 09' 06' 21" East, 126.26 feet;
(2) South 34°15' 42" East, 31.49 feet;
(3) South 47°38' 47" East, 57.30 feet;
(4) South 06'50' 07" East, 24.25 feet;
(5) South 21°31' 38" East, 22.37 feet;
(6) South 57°13' 56" West, 62.77 feet;
(7) South 73` 07' 03" West, 100.98 feet; and 2
(8) South 35°59' 53" West, 45.98 feet.
9 rA °�
Easement Area for Water Service
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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 ten feet in width
and the center line of which is more particularly described as follows:
BEGINNING at a point in the southerly line of Castle Road, said point being 271.09 feet
North of a point which is 199.81 feet East of a monument marking the United States Coast
and Geodetic Survey triangulation Station "East End 2"; and
RUNNING THENCE the following nine (9)courses and distances to a point in the northerly
boundary of the herein conveyed easement:
(1) South 19° 08' 00" West, 189.06 feet;
(2) South 68°09' 49" West, 16.14 feet;
(3) South 29°41' 36" West, 66.22 feet;
(4) South 01°45' 01" East, 18.54 feet;
(5) South 56°35' 07" West, 46.32 feet;
(6) South 72°39' 40" West, 80.67 feet;
(7) North 69027' 00" West, 23.92 feet;
(8) South 73°07'03" West, 12.45 feet; and
(9) South 35°59' 53" West, 45.98 feet.
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