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,
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• 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
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aLe a
_-77 ~ ~ v �.v (2fi} 1R2�29-•`T
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~-,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
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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.
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