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HomeMy WebLinkAboutL 13015 P 106 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 I I I I I I I I I I I I I I I I I I I I I I I!1 1 1 1 1 1 l l l l l l l l l l l l l i l l l l l l l l l l SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: ENCROACHMENT Recorded: 06/11/2019 Number of Pages : 7 At: 04 : 30 : 04 PM Receipt Number : 19-0110534 TRANSFER TAX NUMBER: 18-34688 LIBER: D00013015 PAGE : 106 District: Section: Block: Lot: 1000 056 . 00 06 . 00 003 .004 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO Affidavit $5 . 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 $485 . 00 TRANSFER TAX NUMBER: 18-34688 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages RECORDED 2019 .jun 11 04:30:04 P4 JUDITH A. PASCALE This document will be public -CLERK OF SUFFOLK COUNTY record. Please remove all L D00013015 Social Security Numbers P 106 prior to recording. DT# 18-34608 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584x� SubTotal Spec./Assit. Notation or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. U/ Held forAppointment Comm.of Ed. 5. 00 Transfer Tax Mansion Tax Affidavit �� The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 1 family dwelling only. Sub Total YES or NO Other CY Grand Total b 1 If NO, see appropriate tax clause on page N of this instrument. %as-4 4 Dist.1000 Section056.00 Block 06.00 Lot 003.004 5 Community Preservation Fund Real Propert 3879813Consideration Amount$ Tax Service NUA VerificationAgency R DIT A IIIIIII II IIIIII I III�IIl�llllllllll CPF Tax Due ^$ ®� 30-MAY-1 Improved Satisfai � Jress 6 n� unvtti' rcei UKN_1 U: Vacant Land �,� SCkvjClr+L Ir So,konnon I P,C . TD TD �QU '/04 . N4 000-7 TD A TfY\. D-U S,e-P 1' ec O M 04 �C S ef Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name First American Title Insurance Company www.suffotkcountyny.gov/clerk Title N 3019-941735 8 Suffolk County Recording & Endorsement Page This page forms part of the attached �iGe 5e� R"li'k °r �� Qn d irnc(OC[�tmr�� made by: (SPECIFY TYPE OF INSTRUMENT) C t✓ L 12,9-a14-1 i�\G' The premises herein is situated in SUFFOLK COUNTY,NEW YORK. I TO I In the TOWN of Southold &4 Of 'pT nferpr,Se 5�—r_.y1L. In the VILLAGE or HAMLET of Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BL&CK INK ONLY PRIOR TO RECORDING OR FILING. over p R DTY A Stat I D: 3879813 30-MAY-19 Tax Maps District Secton Block Lot School District 1000 05600 0600 003004 SOUTHOLD 1000 05600 0600 004000 SOUTHOLD r f ULSTxICT SEC?-i ON 3LOCK � TOT k �, �v �� I �C) 0 1E � oly oisl � loo cit p DISTRICT SECTION B.s.,OCh LOT -T 17 EL—ri—H- DISTRICT EE= DISTRICT SECTION BLOCK LOT = . EIE= BLOCK LOT DISTRICT -. SECTION _ DISTRICT SECTION BLOCK LOT EE= EL= DISTRICT SECTION BLOCK LOT SECTION . —, LOT ra' DISTRICT . _..__............._ ..__.._._._.... LOT •_ ,� ..,c-, �....C.IC,. BLOCK DISTRICT_.____...—_...._..._.es. •,,. .. ,.—_.---- _... . ED ELEIIE DISTRICT SECTION BLOCK LOT 0= LOT DISTRICT SECTION. FLOCKE:E! i 3oIR - gHI'7 35 This License, Right of Way and Encroachment Agreement made this ?'Y day of Vqr 2019, by and between C & L REALTY, INC., a New York corporation with an address of 61600 Main Road, Southold, NY 11971 ("C&L") and PORT OF EGYPT ENTERPRISES, INC, a New York corporation with an address of 62300 Main Road, Southold, NY 11971 ("POE"). 1�` 1006 WHEREAS, C&L is the owner of property located at 61600 Main Road, Southold, New 5.- 05 6,001�ork and also known as District 1000, Section 056.00, Block 06.00, Lot 003.004 and more fully ]3_ 0(0.00 _003 ot,+described on Schedule A attached hereto (the "C&L Property"); and 00 Doo WHEREAS, POE is the owner of property located at 62300 Main Road, Southold, New York and also known as District 1000, Section 056.00, Block 06.00, Lot 004.andoar more fully described on Schedule B attached hereto (the "POE Property"); and WHEREAS, the attention of the parties hereto has been called to a Survey last dated Jan. 14, 2011 prepared by Peconic Surveyors, P.C., that shows a metal frame building with canvas cover (the "Building") located on the POE Property and owned by POE encroaching onto the C&L Property approximately four and one-half feet west of the boundary line between the C&L Property and the POE Property (the "Boundary Line"); and WHEREAS, C&L acknowledges and agrees that a part of the Building encroaches on the C&L Property; and WHEREAS, the parties to this Agreement seek to clarify and resolve any title matters arising from the existence of said encroachment and further desire to define their respective rights and obligations with respect to and resulting from the existence of the Building and the encroachment. NOW THEREFORE, in consideration of the mutual promises herein made and exchanged, the parties agree as follows: 1. The encroaching portion of the Building shall be allowed to remain in its current location for as long as it stands and remains in its present position and dimensions. 2. POE shall be responsible for the maintenance, upkeep and repair of the Building. 3. During the term of this Agreement, POE shall be afforded a right of way over the C&L Premises west of the Boundary Line to access the Building. 1 4. POE hereby agrees and acknowledges that it makes no claim of right, title and interest to the C&L Property underlying that portion of the Building that encroaches on the C&L Property west of the Boundary Line. 5. The term of this Agreement, as well as the license and right of way herein granted to POE, and the encroachment by part of the Building west of the Boundary Line, shall continue as long as the Building remains standing in its current location. 6. In the event of the reconstruction and/or replacement of the Building in its entirety, the parties agree that this Agreement shall terminate and any reconstructed or replaced Building shall be relocated exclusively on the POE Property. 7. All notices, requests, demands and other communications required or permitted hereunder shall be in writing and shall be deemed to be duly given if(i) delivered by hand or (ii) mailed certified or registered first class mail, postage prepaid return receipt requested, or (iii) deposited, all delivery charges prepaid, for next day service with a reliable overnight courier service, properly addressed to the party entitled to receive such notice at the address hereinabove set forth, or to such other address as a party may direct by notice to the other party. Notice shall be deemed to have been given and received on the day of a hand delivery, three (3) calendar days (but not less than one (1) business day) after mailing and, in the case of a courier service, on the date scheduled for delivery. 8. The parties further agree that this Agreement: (a) shall be a covenant that runs with the land constituting the C&L Property and the POE Property and may be recorded by either party against both parcels; and (b) shall bind and/or inure to the benefit of the parties hereto and their respective assigns, transferees and successors in title to their respective properties. IN WITNESS WHEREOF, this Agreement has been signed as of the date of and year first above written. C &/tL�IREALTY, IN By: William Lieblein, Secretary PORT OF EGYPT N PRISES, INC. First American Title By:6 U/z C___ Insurance Company William Lieble'n, President b6�S'rhlyd Avenue 5th s Now York.N.Y.10017 Mono:(212)922.9700 Fac:(2121922.0881 2 ACKNOWLEDGMENT STATE OF NEW YORK ) :ss COUNTY OF S r'�� ) On the Y'day ofJ ain the year 2019, before me, the undersigned, personally appeared William Lieblein, personally known to me or proved to me on the basis of satisfactory evidence to he 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 person upon behalf of which the individual acted, executed the instrument. �peSEPl1 M.SAtANOi'� �''��` Notwy public.State of New York No ary ub is No.025AS020869 QuaiiRed in New York County commission Expires Nov.29, 2021 [Seal of Notary Public] Record and return to: .�� Schwartz& Salomon, P. C. 225 Broadway, Suite 4200 New York, New York 10007 3 NN L�L� Title No. 3019-941735 AMENDED 04/04/2019 (rb) 4/25/2019(amu) SCHEDULE "A" SAID PREMISES IS MORE ACCURATELY DESCRIBED AS SURVEYED: BEGINNING AT A PONT ON THE SOUTHEASTERLY SIDE OF MAIN ROAD (S.R. 25) DISTANT 48.92 FEET WESTERLY AS MEASURED ALONG THE SOUTHEASTERLY SIDE OF MAIN ROAD (S.R. 25) FROM THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHEASTERLY SIDE OF MAIN ROAD (S.R. 25) WITH THE SOUTHERLY SIDE OF OLD MAIN ROAD; RUNNING THENCE SOUTH 190 41'00" EAST 469.81 FEET TO A BULKHEAD ALONG BUDD'S POND; THENCE THE FOLLOWING 3 COURSES AND DISTANCES ALONG A BULKHEAD ALONG BUDD'S POND: (1)SOUTH 700 41' 15" WEST 94.75 FEET; (2) NORTH 170 25' 20" WEST 98.73 FEET; (3) SOUTH 71° 20' 30" WEST 65.80 FEET; THENCE SOUTH 410 10' 15"WEST ALONG A TIE LINE ALONG BUDD'S POND 32.94 FEET; THENCE NORTH 230 30' 00"WEST 43.25 FEET; THENCE NORTH 210 35'00"WEST 118.00 FEET THENCE NORTH 270 51' 20"WEST 196.25 FEET TO THE SOUTHERLY SIDE OF MAIN ROAD (S.R. 25); THENCE NORTH 580 31'00" EAST ALONG THE SOUTHEASTERLY SIDE OF MAIN ROAD(S.R. 25) 133.28 FEET; THENCE NORTH 680 31' 00" EAST STILL ALONG THE SOUTHEASTERLY SIDE OF MAIN ROAD (S.R. 25) 89.68 FEET TO THE POINT OR PLACE OF BEGINNING. THE policy to be issued under this report will insure the title to such buildings and improvements erected on the premises, which by law constitute real property. FOR CONVEYANCING ONLY:TOGETHER with all the right,title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. Schedule B 62300 Main Road Southold, New York Block 6,Lot �( ALL that certain plot„piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows; BEGINNING at a point on the southerly side of Main Road, at the northwest comer thereof, which point marks the northeast comer of land of Michael J. Morris where same intersects the said southerly side of Main Road; RUNNING THENCE along the southerly side of Main Road the following two courses and distances: 1. North 68 degrees 31 minutes 00 seconds east 48.92 feet; 2. North 87 degrees 38 minutes 30 seconds east 78.92 feet-, THENCE along other land of W.J. and H.K. Lieblein, the following five courses and distances: 1. South 25 degrees 05 minutes 00 second east 220.58 feet; 2. North 64 degrees 55 minutes 00 seconds east 12 feet; 3. South 25 degrees 05 minutes 00 seconds east 35 feet; 4. South 64 degrees 55 minutes 00 seconds west 12 feet; 5. South 12 degrees 38 minutes 00 seconds east 226 feet to the ordinary high water mark of Budds Pond; THENCE along the ordinary high water line of Budds Pond on a tie line north 79 degrees 17 minutes 40 seconds west 139.75 feet to land of Michael J. Morris; THENCE along said land north 19 degrees 41 minutes 00 seconds west 430 feet to the southerly side of Main Road, the point or place of BEGINNING.