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Home My WebLink AboutL 12957 P 87 I I I A II I I I I I I I I I I I I I I I I I I I I I I I I I!IIlI I I I II I I!I l l l l l l l l l l l l l l l l l l l i i l l l SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 04/10/2018 Number of Pages : 13 At: 09:29 : 59 AM Receipt Number : 18-0064701 TRANSFER TAX NUMBER: 17-27627 LIBER: D00012957 PAGE : 087 District: Section: Block: Lot: 1000 010 . 00 09. 00 001 . 004 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $65 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $10 . 00 NO Notation $0 . 00 NO Cert.Copies $16.25 NO RPT $400 . 00 NO Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO Fees Paid $531 .25 TRANSFER TAX NUMBER: 17-27627 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 2❑ RECORDED • Number of pages 2018 HGY' tt19.29:U,..- .5r-1 Ali JUDITH H. PPSCPLE CLERK OF This document will be public •UFFOLK COUNTY record.Please remove all L D00012957 Social Security Numbers P 087 prior to recording. DT# 17-277627 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax 20. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation -- or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX —4Dual Town Dual County T.S.A.'H fi.P. U u ¢. Held for Appointment Comm.of Ed. 5. 00 Transfer Tax • . Mansion Tax Affidavit The property covered by this mortgage is ertified Copy 6 a� or will be improved by a one or two Surcharge 15, 00 4 family dwelling only. Sub Total YES or NO Other Grand Total .� �� If N0, see appropriate tax clause on page k of this instrument. ment. Iwo ka 1)1(9 4 1 Dist. 1( 3603935 S=CQ, ' J )T',d4 14 5 1 Community Preservation Fund Real Properly RPH A �I�IIIIIe1I1111®Illlll�I�'ml�� iI Consideration Amount$ _ Tax Service Ilu+ll III I II! I Agency 30-MAR-1 (PF ax Due $ Verification ` Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land STEPHEN L.HAM,111,ESQ. TD MATTHEWS&HAM TD 38 NUC3ENT STREET SOUTHAMPTON,NY 11968 TD Mai(to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title a 3 — 8 Suffolk County Recording & Endorsement Page This page forms part of the attached VIEW EASEMENT CONSENT AGREEMENT made by (SPECIFY TYPE OF INSTRUMENT) JAMES BALLENTINE The premises herein is situated in and JEANNIE BALLENTINE SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD J.GEDDES PARSONS In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over pT S ' Stat ID: 3603935 1 R CWH A 30-MAR-18 Tax Maps District Secton Block Lot School District rvo 1000 01000 0900 001004 FISHERS ISLAND U 1000 01000 0900 003001 FISHERS ISLAND VIEW EASEMENT CONSENT AGREEMENT THIS VIEW EASEMENT CONSENT AGREEMENT is made the 12!day of February, 2018, by and between JAMES BALLENTINE and JEANNIE BALLENTINE, 79 Roton Avenue, Rowayton, Connecticut 06853 (hereinafter referred to collectively as "Ballentine"), and J. GEDDES PARSONS, 4 Palm Trail, Hobe Sound, Florida 33455 (hereinafter referred to as "Parsons"); WITNESSETH : WHEREAS , Ballentine is the owner in fee of a parcel of real property situate at 1910 Montauk Avenue, Fishers Island, Town of Southold, County of Suffolk and State of New York (SCTM No. 1000-010.00-09.00-001.004), having acquired title to such parcel by deeds recorded in the Office of the Suffolk County Clerk in Liber 12392 page 118 and Liber 12546 page 448, respectively, said parcel being more particularly bounded and described as set forth on Schedule A hereto (the "Ballentine Property"); and WHEREAS, Parsons is the owner in fee of a parcel of real property situate at 515 Sterling Street, Fishers Island, Town of Southold, County of Suffolk and State of New York(SCTM No. 1000-010.00-09.00-003.001), having acquired title to such parcel by deed recorded in the Office of the Suffolk County Clerk in Liber 12498 page 361, said parcel being more particularly bounded and described as set forth on Schedule B hereto (the "Parsons Property"); and WHEREAS, in order to preserve and maintain views from the Ballentine Property over the Parsons Property, the former owner of the Parsons Property granted to the former owner of the Ballentine Property a permanent view easement running with the land (the "View Easement" ) for the benefit of the Ballentine Property over a portion of the 1 Parsons Property (the "Restricted Area") by deed recorded in the Office of the Suffolk County Clerk in Liber 8367 page 56; and WHEREAS, the terms of the View Easement provide that, without the prior written consent of the owner of the Ballentine Property, which consent shall not be unreasonably withheld, the owner of the Parsons Property shall not build, or permit to be built or exist, any structure of whatsoever nature within the Restricted Area; and WHEREAS, in connection with the reconstruction and expansion of the residence on the Parsons Property, Parsons desires to utilize a portion of the Parsons Property lying partially within the Restricted Area as reflected on the Plans and Elevations prepared by Albert, Righter & Tittmann Architects, reduced versions of which are dated 12/11/17 and attached hereto as pages C-2, C-3, C-4 and C-5 of Schedule C(the"Parsons Plans"); and WHEREAS, Ballentine has reviewed the Parsons Plans and is satisfied that the proposed construction reflected in the Parsons Plans will not interfere with the views from the Ballentine Property and is willing to consent to the same; NOW, THEREFORE, in consideration of the sum of Ten Dollars and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Ballentine and Parsons do hereby agree as follows: 1. Subject to the compliance by Parsons with Sections 2 and 3 below, Ballentine hereby consents to the proposed construction on the Parsons Property as reflected in the Parsons Plans notwithstanding that a portion thereof would lie within the Restricted Area. 2. Parsons shall cause the proposed construction on the Parsons Property to be completed substantially in accordance with the Parsons Plans so that there is no 2 material difference between the respective dimensions shown on the Parsons Plans and the actual completed construction insofar as the same lies within the Restricted Area. To the extent the completed construction lies within the Restricted Area and is visible from the residence on the Ballentine Property, Parsons shall install additional natural screening to block the view from such residence. In the event the completed construction is damaged or destroyed, Parsons may repair and/or replace the same without the necessity of any further consent from Ballentine so long as the dimensions of the new construction do not exceed the dimensions of the proposed construction reflected in the Parsons Plans. 3. Parsons shall cause the trees, brush and bamboo to be removed from the Restricted Area substantially as reflected on page C-2 of Schedule C hereto and to maintain the growth in the area of removal from time to time so that any regrowth does not interfere with the view from the residence on the Ballentine Property. 4. Ballentine and Parsons hereby ratify and confirm the terms and conditions of View Easement as modified hereby. For purposes of this View Easement Consent Agreement,the terms"Ballentine"and"Parsons"shall also mean and include their respective heirs, personal representatives, successors and assigns that may at any time hold title to the Ballentine Property or the Parsons Property, as the case may be. IN WITNESS WHEREOF, Ballentine and Parsons have executed this View Easement Consent Agreement as of the day and year first above written. L� Jamw� Jeannie BAllentine . Geddes Parsons 3 STATE OF CONNECTICUT ) ' COUNTY OF V)�Lt'9 ) ss.: On the`1,r day of February in the year 2018 before me, the undersigned, personally appeared James Ballentine and Jeannie Ballentine personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instruments, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals ma sVuw h appearance before the undersigned in the T� &F 1W W in the State of Connecticut. (insert the City or other political subdivision) •1�;4 Notary Pu is State of CQ ecticut - TERRY L. z . NOTARY PUBLIC '?` CONNECTICUT STATE OF FLORIDAMY COMMISSION EXPIRES ) JANUARY 31,2022 rr ss.: COUNTY OF i�Gt,rtin) On the /cl,day of February in he year 20 18 ore me, the undersigned, personally appeared J. Geddes Parson ersonally known to me or proved to me on the basis of satisfactory evidence to be the indivi ua w ose names 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 is ru ent, and t t such individual made such appearance before the undersigned in theVo in (insert the City or other political subdivision) the State of Florida. 7b."4v VALE11lE A MUNftOENotary Public, State of Florida y Public stale of Floridarif, A AUnt��mm.Expires May 5.2018 mmission Ar ff 119811 4 Schedule A to View Easement Consent Agreement Ballentine Property (SCTM #1.000-010.00-09.00-001.0041 All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNfNG at a monument set on the easterly side of Montauk Avenue, said monument being 1548.63 feet North of a point which is 605.97 feet West of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "PROS"; RUNNING THENCE North 44 degrees 22 minutes 00 seconds East, 74.36 feet to an iron pne; THENCE South 77 degrees 14 minutes 51 seconds East, 168.98 feet to an iron pipe; THENCE South 03 degrees 06 minutes 40 seconds East, 114.34 feet to an iron pipe; THENCE South 11 degrees 44 minutes 05 seconds West, 89.00 feet; THENCE South 81 degrees 21 minutes 48 seconds West, 141.55 feet to an iron pipe on the easterly side of Montauk Avenue; THENCE along the easterly side of Montauk Avenue the following three (3) courses and distances: 1. North 14 degrees 25 minutes 55 seconds West, 17.51 feet; 2. North 27 degrees 00 minutes 15 seconds West, 137.21 feet; and 3. North 01 degree 26 minutes 30 seconds East, 67.52 feet to the monument set on the easterly side of Montauk Avenue at the point or place of BEGINNING. A-1 Schedule B to View Easement Consent Agreement Parsons Property {S_CTM # 1000-010.00-09.00-003.001 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 a stone monument set on the westerly side of Sterling Street, said monument being located 1582.94 feet North of a point which is 172.66 feet West of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE North 58 degrees 12 minutes 00 seconds West, 75.37 feet; THENCE South 17 degrees 04 minutes 00 seconds West, 31.50 feet; THENCE South 57 degrees 26 minutes 00 seconds East, 75.00 feet to the westerly line of Sterling Street; THENCE along the westerly line of Sterling Street South 25 degrees 01 minute 15 seconds West, 78.84 feet; THENCE along the westerly side of Sterling Street South 25 degrees 01 minute 15 seconds West, 17.00 feet to an iron pipe; THENCE South 84 degrees 39 minutes 15 seconds West, 160.56 feet to an iron pipe; THENCE North 03 degrees 06 minutes 40 seconds West, 114.34 feet to an iron pipe; THENCE North 77 degrees 14 minute 51 seconds West, 168.98 feet to an iron pin which is North 44 degrees 22 minutes 00 seconds East, 74.36 feet from a monument on the southeasterly line of Montauk Avenue, said monument being 1548.63 feet North of a point which is 605.97 feet West of a monument marking the U. S. Coast and Geodetic Triangulation Station "PROS"; THENCE North 44 degrees 22 minutes 00 seconds East, 206.54 feet to a stone monument; THENCE North 67 degrees 34 minutes 00 seconds East, 3.34 feet to a stone monument; THENCE North 81 degrees 06 minutes 30 seconds East, 64.80 feet to a monument; B-1 THENCE North 76 degrees 07 minutes 25 seconds East, 46.07 feet to a drill hole in a wall; THENCE North 69 degrees 34 minutes 50 seconds East,47.21 feet to a stone monument; THENCE North 49 degrees 50 minutes 10 seconds East, 55.80 feet to a drill hole in the face of a retaining wall at the shore of West Harbor; THENCE ALONG West Harbor the following two (2) courses and distances: (1) South 51 degrees 22 minutes 54 seconds East, 95.87 feet; and (2) South 65 degrees 41 minutes 00 seconds East, 35.00 feet; THENCE South 32 degrees 00 minutes 36 seconds West, 117.98 feet partly along the northwesterly line of Sterling Street to a drill hole; THENCE along said street line South 05 degrees 01 minute 40 seconds West, 67.32 feet to the monument set at the point or place of BEGINNING. B-2 Schedule C to View Easement Consent Agreement Reduced Versions of Parsons Plans and Elevations See following pages C-2, C-3, C-4 and C-5. C-1 J W. x = z Q d a'd w V N ww � z Or w. 0 a/•• i/: - •I �� Cl- O N N N O co w N = GO C' Z W F- w � N CC w C ` w C/] N mLU I Z (n pW. 5R � O' w l-w �, w w N ~ O � w- z w w z z ww F r, cn lei xl V) w z - �, O . l Mr, v ! w V Z w n w w z w co o LU F f" g rn U U #� fT N C-2 Z ZLL N m r• LU LLI 0 Lu 57< 0icoo A: ;ALU _ to co y N / LU LU Z _y N w \Il W_ U / N N co � M \ � r C-3 s-� N � 71II w3 I I x � flllltllllllli M 2 0 I I N IIIIiIIillElll IE1111�1111111lI ! � Ilt �IIII}IIII'I m a y z � ' lill�lllll I . C7 CID � I l I � Illilllllilll h IE I > ;o �c I r rn o z ` Il 4 v m o C r z Cf) z rrt ;IiIllElllfil m m O I ! I I I r Z ao ry � o � to IT I � I r z 0 w rrrr n w O cn N cC.A n N C ro F= w r - oo m r W W caz J � � 11111 11� N IIIA fll��IIII�=�" Z 1I144 E: m C ;i 1141111I1� m rn z CA m - � I - 00 rn- r rn z m s 0 c U) m c s r