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
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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
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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
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DISTRICT SECTION
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FLOCKE:E!
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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.