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HomeMy WebLinkAboutL 13108 P 417 111111111111 IIIII IIIII 1111111111 IIIII IIIII 111111111 Ill! 111111 IIIII!11111!11 IIII . SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 06/14/2021 Number of Pages : 11 At: 09:28 : 14 AM Receipt Number : 21-0110263 TRANSFER TAX NUMBER: 20-35474 LIBER: D00013108 PAGE : 417 District: Section: Block: Lot: 1000 067 . 00 04 .00 003 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $55. 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 $505 . 00 TRANSFER TAX NUMBER: 20-35474 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 11 ❑2 RECORDEfi Number of pages 2021 -Jun i4 09:28.14 All JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L D010013108 Social Security Numbers P 417 prior to recording. DT# 20-35474 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee ��� Mortgage Amt. 1.Basic Tax Handling 20, 00 2. Additional Tax TP-584 '.L 1 n Sub Total Notation Spec./Assit. or EA-52 17(County) SubTotalQ ) Spec./Add. EA-5217( ) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. Held forAppointment Comm.of Ed. 5-00 Transfer Tax Affidavit Mansion Tax R Oft Z The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 (4 2-0 family dwelling only. Sub Total YES or NO Other C Grand Total v If NO, see appropriate tax clause on page q of this instrument. 4Dist dao 4479009 5 Community Preservation Fund Real Property F2In T A Consideration Amount$ Tax Service iliw Agency 26-APR-21 CPF Tax Due $ Verification _ p -- Improved 6 Satisfactions/Discharg RlCORD&RETURN TO y Owners Mailing Address Vacant Land TWOMEY,LATHAM,SHEA TD KELLEY,DUBIN&QUARTARARO,LLP 33 WEST SECOND STREET TD POST OFFICE BOX 9398 RIVERHEAD,NY 11901-939,,81I TD I= rL Mail to:Judith A.Wascale,Suffolk County Clerk Title Company Information 310 tenter Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title p s Suffolk County Recording & Endorsement Page This page forms part of the attached Boundary Line Agreement made by: (SPECIFY TYPE OF INSTRUMENT) Kelley Danek&Nino Antuzzi The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Christopher M.Evans&Catrin C.Evans,as Trustees of In the VILLAGE The 2020 Evans Family Irrevocable Trust dated 1/24/2020 or HAMLET of BOXES G THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over V ►. r - 4 SMI Stat ID: 4479009 R FA,- 26-APR-21 Tax Maps e District Secton Block Lot School District 1000 06700 0400 021001 SOUTHOLD 1000 06700 0400 003000 SOUTHOLD BOUNDARY LINE AGREEMENT AGREEMENT made this26thday of February 2021 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 CHRISTOPHER M. EVANS and CATKIN C. EVANS, as Trustees of THE 2020 EVANS FAMILY IRREVOCABLE TRUST dated January 24, 2020, Owners of the property at 230 Second Avenue, Peconic, New York 11958 (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 021.001), 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 230 Second Avenue, Peconic, New York (also known as District 1000, Section 067.00, Block 04.00, Lot 003.00) more particularly described in Schedule C attached hereto and Awhich 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 shed owned and utilized by the Second Party situated up to 9.0 feet south of the common boundary line and there are also shade plants,ferns and -1- hostas surrounding the shed (collectively the "Encroachments") that exist within an area on the property of the First Party (the "Encroachment Area") . 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, including the shed 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 -2- the Second Party, and the Parties agree that cost of said removal or relocation shall be at the First Party's sole cost and expense. 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. 4. 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. 5. 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. 6. 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. KELL A EK [NO ANTU I THE 2020 EVANS FAMILY IRREVOCABLE TRUST dated January 24, 2020 r By: CH OPHER M. EVANS, as Co-Trustee -3- By: CATRIN C. EVANS, as Co-Trustee SV ErLANA SCOLL Notary Public,State of New York Reg.No.02SC6407708 Qualified In Kings County Commission Expires 07/06/2024 , �.r-:. ,. t may, f -4- • STATE OF NEW YORK ] COUNTY OF Sok ) On the day ofin the year 2020 before me, the undersigned, personally appeared KELLEY DANEK, p sonally 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 he signature on a instrument, the individual, or the person upon behalf of which the i viduai acted, a ecuted the instrument. totary P lic ETSYA PER; '. BETSYa PERKINS Notary bllc, a r.` b. `�t::bow►Public,State of New lfb�it N 0 EQ 13 01 c ':: Na O1PE6130836 Quail In Suffc ,u.+r�:� Ou8IMed In Suffolk Comm[ n ares Ju;; tri Con�misslon Expires, 18. STATE OF NEW YORK&Vffij ) ) SS.: COUNTY OF - } On the day of 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 ' nature on the instr ent, the individual, or the person upon behalf of which the in idua acted, execut he instrument. otary Public BETSYA PERKINS Notary Public,State of NewYwk No.0 i PE6130636 Qualified In Suffolk Commission Expires July 1� -5- STATE OF NEW YORK ) �) ss.: COUNTY OF N ) On the u day ofin the year 2021before me,the undersigned, personally appeared CHRISTOPH R M. EVANS, or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the WA within instrument and acknowledged to me that the executed the same in lu*capacity, and that by�r signature on the instrument, the individual, or the person upon behalf of which the individual act d, execute he instrument. JOHNATHAN URUCHIMA N0TARY PUBLIC STATE OF NEW YORK NO.01 UR8381271 NwC Public Qualified in the County of New York Commission Expires October 1.2022 STATE OF NEW YORK ) ) ss.. COUNTY OF ) On the day of in the year 2020 before me, the undersigned, personally appeared CATRIN C. EVANS, 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 -60� STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2020 before me, the undersigned, personally appeared CHRISTOPHER M. EVANS, 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 STATE OF NEW YORK ) } 55.. COUNTYOF ikt ) On the Jr day of 4044n the year 2020 before me, the undersigned, personally appeared CATKIN C. EVANS, 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 ins ument, the individual, or the person upon behalf of which the individual acted, the instrument. otary Public SVETL ANA SCoLL Notary Public,State of New York Reg.No.02SC6407708 Qualdled in fangs county Commission Expires 07/06/2024 -6b 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. • ELEV. 31.41 S,C.T.M. NO. OISTRICI: 7000 SECTION:67 BLOCK: 1 LOT(S):2L1 OL DR BROWN 0,9' • ,rPlw cEUR Our SCHEDULE B SLATE ORSTDPPER END BROWN T yArAetE TR WPLLm SM LOAMY SAND F.1' w1 or rO--R[wur[ CRAVEN BROWN 3.F' rRE3,111ATEA WErIAv9,u 3v nsrnr Sc SAND orrrpwNrDTRUSTEES t50th YIr'E TOWN TEov MID ` $, FEB. 73,112 HY EN GDNSI}rAN15 ff9. 1],7°,° 1 FLOW-- \ H8j sj�. I BROWN MEUDIUMM HE I SP SAND ,It, Ar 12.0' GRAVEL =_�\ \\ 12.9'5 ND WATER SHED ' /w 17• JAN. 10, 2019 K. WOYCHUK LS Si - �� ����`o �\] z.e's £ Ss 2ND AVENUE z5' F ro MON. ! W 9.4 ~ EL(33.0) to 0 aja y ( { \ \\'III \'\\` r `?0.22 B - (3a{35 E— Lw1`d{+ GAGED a 33.0 rye 3 �1� tires (D(D'111Fv 750' M4 .'`�! •. zea \ \ \\ \ ���,) ,� y z 1� `— `�� 0.`•�L�(ai� i EL 34.4 ¢�\ \ 69.4 ! 1t + f S CPO I 7 T L(32-M — Exp ev Lp 1 -24 wF�t • �T rr�(Fr l! a� aLe a _-77 ~ ~ v �.v (2fi} 1R2�29-•`T 'a m •1 'PI ~-,6 --- PWXCT LMMR SILT rL MON. I. •) 1 +TF , IJI1 1 SNa33w,W lEs,zr Mold! , I LAD N/F /p 'WATER ERa BLCT OF --15D CHARLES J/ I ' AS +00`D r ROSFANN DEVINE WELL I 5. ZONED R-40 FRONT YARD: 5O' MIN PROPOSED LOT COVERAGE SIDE YARD: 15' MIN, 35' TOTAL PROP OWELLINC W/COVERED PORCH: ]063 S.F. or 2.2x THE WATER SUPPLY, KULS DRYIVELLS AND CESSPOOL REAR YARD: 50' MIN LOCADONS SHORN ARE FROM FIELD OBSFRVAROlS REVISED 09-25-19 AND OR DATA OBTAINED FROM OTHERS AREA; 47,487.55 SOFT. or 1.09 ACRES REVISED 03-20-19 ELEVAnON DATUM, NAVD88-_-_________ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A WOLA71ON OF SFCION 7209 Or INE NEW YORK STATE FDUCA TION LAW. COPIES or THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRU£COPY. GUARANTEES INOCATED HEREON SHALL RUN ONLY TO THE PERSON FOR AHOM THE SURVEY IS PREPARED AND ON NTS BEHALF TO THE DILE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSITUPON LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INST)TURON, GUARANTEES ARE NOT TRANSFERABLE THE OFFSETS OR O,M£NS,ONS SHOWN HEREON FROM THE PROPERTY LINES TO THE SIRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THCY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, AOOnONAL STRUCTURES OR AND OTHER TMPROVEM£NFS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARC NOT GUARANTEED UNLESS PHYSICALLY 010ENT ON DHF PREMISES AT THE IME OF SURLY SURVEY OF:DESCRIBED PROPERTY CERTIFIED TO: NINO ANT(TZZI; KELLEY DANEK; MAP OF: NATIONAL LAND TENURE COMPANY, UUC; FILED: SITUATED AT:PECONIC TOWN OF;SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK + 9 1 Professional land Surveying and Design P.O. Box 153 Aqueboguc, New York 11931 PHONE (65,)298-1589 PAX(691) 2911-15136 FILE # 18-133 SCALE: 1'-30' DATE:OCT. I, 2078 N.Y,5. LISC. NO. 06OB82 matntalnhq Lha raaaraa or 9abart J.9rnnm)t Xenneth LL.Ra)ebuY SCHEDULE C (1000-067.00-04.00-003.000) 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 111 and Lot 112 on a certain map entitled , "Map Number Two of Peconic Shores, Sec. 2", and filed in the Office of the Clerk of the County of Suffolk on September 15, 1930 as Map No. 654. r nom' t