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HomeMy WebLinkAboutL 13076 P 838 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 l l l l l l l l l l l l l l l l l 1111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 11/04/2020 Number of Pages: 9 At: 02 :57 : 35 PM Receipt Number : 20-0176392 TRANSFER TAX NUMBER: 20-09238 LIBER: D00013076 PAGE : 838 District: Section: Block: Lot: 1000 067 . 00 04 . 00 023 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $45 . 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 $0 . 00 NO RPT $400 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $495 . 00 TRANSFER TAX NUMBER: 20-09238 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 0 0 RECORDED 2020 Novi 04 02:57:35 PM Number of pages JUDITH H. PASCALE CLERK OF SUFFOLK COUNT'' This document will be public L D00017075 record. Please remove all P 72 Social Security Numbers DT# 20-09238 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee —tom Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 .*Z _ 1 r� SubTotal Notation �- Spec./Assn. or EA 52 17(County) Sub Total f , Spec./Add. EA-5217(State) /�U TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. Held forAppointment 6Comm.of Ed. 5. 00 , 11 Transfer Tax Affidavit Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 ''++ family dwelling only. Sub Total `'T�� ' YES orNO Other G Grand Total l5• If NO, see appropriate tax clause on n page ti of this instrument. 4 Dist. 1001 1001 4267053 Se$, I" " ti 5 Community Preservation Fund (teal Property p T S 1111111101111Consideration Amount$ Tax Service R SMI A Agency 29-OCT CPF Tax Due 5 Verification _ ___ , - pp - � Improved 6 Sat isfactio ns/Discharg RjCORD&RList ETURNper TO:yOwners Mailing Address Vacant Land Twomey,Latham,Shea,Kelley, Dubin &Quartararo LLP P.O. Box 9398 TD Riverhead, NY 11901 TD Attn: Bryan C. Van Cott, Esq. TD Mail to:Judith A. Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title tt 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Boundary Line Agreement made by: (SPECIFY TYPE OF INSTRUMENT) Kelley Danek and Nino Antuzzi The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Sophia Cartselos in the VILLAGE or HAMLET of BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over OF ,�Stat ID: 4267053 Tax Maps District Secton Block Lot School District 1000 06700 0400 021001 SOUTHOLD 1000 06700 0400 023000 SOUTHOLD BOUNDARY LINE AGREEMENT AGREEMENT made this 19th day of October, 2020, between KELLEY DANEK and NINO ANTUZZI Owners of the property at 600 Burtis Place, Peconic, New York (hereinafter referred to as the "First Party") and SOPHIA CARTSELOS, residing at 300 Second Avenue, Peconic, New York (hereinafter referred to as the "Second Party"); WITNESSETH : WHEREAS,the First Party is the owner of certain premises known as 600 Burtis Place, Peconic,New York(Also known as District 1000,Section 067.00,Block 04.00,Lot 21.1),more particularly described on Schedule A attached hereto and made a part hereof; and WHEREAS,the Second Party is the owner of premises known as 300 Second Avenue, Peconic, New York(also known as District 1000,Section 067.00, Block 04.00, Lot 23Vwhich more particularly described in Schedule C attached hereto and is bounded to south by the adjoining property owned by the First Party as depicted on the survey prepared by Kenneth M. Woychuk Land Surveying, PLLC last dated October 1, 2018 attached hereto as Schedule B (the"Survey"); and WHEREAS,as shown on the Survey,the First Party and Second Party share a common boundary line which is the northerly boundary line of the property of the First Party and the southerly boundary line of the property of the Second Party; and WHEREAS, the Survey depicts a fence owned and utilized by the Second Party situated up to 12.9 feet south of the common boundary and a shed owned and utilized by the Second Party situated up to 8.7 feet south of the common boundary (collectively the "Encroachments") that exist within an area on the property of the First Party (the "Encroachment Area"). -1- 1 NOW, THEREFORE, in consideration of the mutual covenants and agreements made herein, the Parties, for themselves, their successors and assigns, covenant and agree as follows: 1. The Parties acknowledge that the property upon which the Encroachments lie is owned by the First Party and that any use of the Encroachment Area or any other portion of the property of the First Party by the Second Party is solely by permission of the First Party. The Second Party makes no claim, by adverse possession or otherwise, of any rights or interest in the Encroachment Area or any part of the premises owned by the First Party. Both parties agree that the boundary line between the northerly side of the property owned by the First Party and the southerly side of the property owned by the Second Party, as shown on the Survey,constitutes the boundary line between their respective properties. 2. The Parties agree that the Second Party may continue to use the Encroachment Area and maintain the Encroachments in their present location as shown on the Survey unless and until the Town of Southold directs that the Encroachments be removed or requires removal of the Encroachments as a condition of approval of a building permit or issuance of a certificate of occupancy for any structure proposed on the premises owned by the First Party. 3. In the event the Town directs the removal of the Encroachments as set forth in paragraph 2, the Parties agree that the Second Party will remove the Encroachments or relocate the Encroachments so that they lie entirely with the boundaries of the property of the Second Party,and the Parties agree that cost of said removal or relocation shall be at the First Parry's sole cost and expense. -2- 4. Any use of the Encroachment Area under this Agreement by the Second Party, her heirs, legal representatives, successors and assigns is permissive and not hostile to or with any claim or right against the First Party, their heirs, legal representatives, successors and assigns. 5.3K This Agreement contains the entire agreement of the Parties and no modification or alteration of the agreement can be made unless in writing and signed by the parties hereto. 6,.,U This Agreement shall run with the land and inure to the benefit of and be binding on the Parties hereto and their respective heirs, legal representatives, successors and assigns. .7.IM This Agreement may be executed in counterparts. This Agreement shall be construed in accordance with and governed by the laws of the State of New York. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. KELLE ANE ,4 INO T I "S PHIA CARTSE S -3- STATE OF NEW YORK ] ] ss.: COUNTY OF On the��day of in the year 2020 before me,the undersigned, personally appeared KELLEY DANEK, 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 her signature on the instrument, the individual, or the person upon behalf of which the indiv'daal acted ecuted the instrument. Notary Public PATRICIAC MOORE NOTARY PUBLIC,STATE OF NEW YORK Registration No.01 M04861668 Qualified in Suffolk County My Commission Expires June 16, �— STATE OF NEW YORK ] ] ss.: COUNTY OF Sjr6r-a IL ) On the�day ofig�in the year 2020 before me,the undersigned, personally appeared NINO ANTUZZI, 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 signatu a instrument, the individual, or the person upon behalf of which the in ua cte xecuted the instrument. Notary Public PATRICIA C MOORE NOTARY Pi76LIC,STATE OF NEW YORK Registration No.01 M04861668 Qualified in Suffolk Coun� My Commission Expires June 16 -4- STATE OF NEW YORK ) ss.: COUNTY OF SLUT 1 ) On the 1 Q*�` day of O C l in the year 2020 before me, the undersigned, personally appeared SOPHIA CARTSELOS, 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. bmv" Vju� Notary Public C GREEN WEISS Rotary Public,State of New York No,olvVE4931537 pualified in Suftoik County Commission Expires June 20,20* 2 U 45d 1 -S- SCHEDULE A (1000-067.00-04.00-021.001) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected situating, lying and being a Peconic, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Mill Road at the southeasterly corner of Lot 119 shown on "Map No. 2 of Peconic Shores", filed in the Suffolk County Clerk's Office as Map No. 654; RUNNING THENCE along said line of Mill Road, South 13 degrees 05 minutes 10 seconds East, 161.07 feet; THENCE along other land of Switzer South 64 degrees 33 minutes West, 185.27 feet to the easterly line of Burtis Place; THENCE along said land North 25 degrees 21 minutes 50 seconds West, 275.78 feet to lot 111 of"Peconic Shores". THENCE along several lots in "Peconic Shores" two courses: 1. North 83 degrees 43 minutes 30 seconds East, 132.90 feet; thence 2. South 76 degrees 51 minutes 30 seconds East, 120.00 feet to the point or place of BEGINNING. • ELEY. 34,4 S,C.T.M. NO, DISTRICT; 1000 SECTION:67 BLOCK; 4 LOT(5):21.1 DR BROWN rrPr,q CLAN out SCHEDULE B 4L LOAM 0.8' ,LLT /—STOPPER PLUr END SM OAUY SAND I.V UMR O TOWN-RTCGT FQ 3ROWNCLAYE3.1' FRESNYIATER WCTWJO,ASCI 3P ELBOW DETERMINED BY SOUTI0 6T WYE SG SAND TOWN TRUSTEES ARD1 k DEuMEATED 91'ER CONS t}I-TS FEB. 13.2019 I FLOW, NBA+s�, I BROWN E ' MEDIUM HE SP SND 12.0' h \ = 9 0'S 8,T'S I r q, GRAVEL A& lb.'^t `• NO WATER SHED I �V, T7 1 \\~ \ s7 JAN. 10, 2019 r K4 10.3'5 K. WOYCHUK LS - Ioa ��� E ss _L 2ND AVENUE �� +a �` I\\\ ' - �e TO•\�A�r en �i+N I \\\ `�_ 41 MON . 1 + W 79.4 ` EL 33-0)" gyp 0 y9 \ B ~ (3836 \ \ z* ��� \�\� n 34) \_ X76 \� \ \� \\ ylp, 1 2 S TY FRU `V 1 r E-•I \ ti PROPOSED CARAGEp EL 3 A A :�• I 5T 7'r EXP f r `~ -14 IE `� fIlir uAdr2 iaot ` � '++ u,PT I bb H PpA:cs uwR,Nc a7' `� R. + b • I 7A:; MON. 11 S 64°33100•W 185.27' MO . I 5 LDWELLINGS AND NF + OF' WW/yPUBIC WATER f , C.ILES COCUZZA ABANDONED I I + RpSEANN DEVINE WELL 145' ZONED R-40 FRONT YARD: 50' MIN PROPOSED LOT COVERAGE SIDE YARD: I5' MIN. 3b' TOTAL PROP. DWELLING W/COVERED PORCH; 106J S.F, or 2.28: THE TTA TER SVPPL Y, *ELLS DRYWELLS AND CESSPOOL REAR YARD: 50' MIN LOCATIONS SHOMV ARE FROM FIELD OBSERVADONS REVISED 09-25-19 AND OR DATA OBTAINED FROM OTHERS AREA: 47,487,55 SQ.rT, or 1.09 ACRES REVISED 03-20-19 ELCVAROV DATUM r NAVD88 —---—_ UNAUTHORIZED ALTERARON OR ADDITION TO THIS SURVEY 15 A VIOLARAY OF SECTION 7209 OF THE NEW YORK STATE COUCA77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BC CONSIDERED TO BE A VALID TRUE COPY GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS RFHALF TO THE TITLE COMPANY, COVERNMENTAL AGENCY AND LENDING INSATUTION LISTED HEREON, AND TO TNF ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. INE OFFSETS OR DIMENSIONS SHO*TV HERFON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT 114TENDEG TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE'ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE SIRULYURES RECGRDEO OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY FMOENT ON THC PREMISES AT THE TIME OF SURVEY SURVEY OF;DESCRIBED PROPERTY CERTIFIED TO: NINO ANTUZZI; KELLEY DANEK; MAP CF_ NATIONAL LAND TENURE COMPANY, LLC; FILED: SITUATED AT;PECOMC TOWN OF:SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Lend Surveying and Design MACI P.O. Box 153 Aquebogue, New York 11931 r OCT. 1, 2018 PHONE (831)298-1588 FAX (831) 298-1588 FILE 1 18-133 SCALE: I"=30' DATE. N.Y.5. L15C. NO. 050882 —1—Ining the record.of Robed 1. R.anewr L K.RneLh IL Woy,huk SCHEDULE C (1000-067.00-04.00-023.000) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected situating, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as and by Lot Number 113 on a certain map entitled , "Map Number Two of Peconic Snores, Peconic, Long Island,New York, property of B.B Bailey and C.H. Bailey, D.R. Young, Surveyor, Riverhead,New York," and filed in the Suffolk County Clerk's Office on September 30, 1930, as Map Number 654.