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HomeMy WebLinkAboutL 13130 P 446 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 11/19/2021 Number of Pages : 6 At: 03 : 11 : 00 PM Receipt Number : 21-0199393 TRANSFER TAX NUMBER: 21-13451 LIBER: D00013130 PAGE : 446 District: Section: Block: Lot: 1000 118 . 00 03 . 00 001 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 . 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 $480 . 00 TRANSFER TAX NUMBER: 21-13451 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County j. liar-, ry ., F1 IF Number of pages RECORDED 2021 1dr-.v 19 0.3:11:00 FM UDITH A. PASCALE This document will be public CLERK.OF record. Please remove all SUFFOLK COUNTY.L DOOO13130 Social Security Numbers P 446 prior to recording. CST# 21-13451 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recoding I Filing Stamps 3 FEES Page/Filing Fee _ Mortgage Amt, Handling 20. 00 1. Basic Tax - 2. Additional Tax ��O— Sub Total — Notation SpecJAssit. or EA-52 17 (County) Sub Total ` •C) Spec./Add. _ EA-5217(State) TOT.MTG.TAX _ .P.T.S.A. '�-1 :�& — � Dual Town Dual County_ Held for Appointment Comm.of Ed. 5. 00 Transfer Tax _ Affidavit %(y, ��S' Mansion Tax The property covered b Certified Copy P P Y y this mortgage is or will be improved by a one or two NYS Surcharge 15. 00family dwelling only. Other Sub Total YES or NO 1 — Grand Total t40 0 If NO,see appropriate tax clause on r` page# of this instru ent. 4 Dist �+�p 4538822 l.J 5 Communi T ty Preservation Fund Property Real Pro P S p y R SMI AI to, I " Consideration Amount$ _ Tax Service 19-JUN-21 Agency CPF Tax Due $ Verification ---- . � 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO: Vacant Land TD /dG6 TD - TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name FIDELITY NATIONAL TITLE www.suffoikcountyny.gov/clerk Title# 7 –Q 919-S g Suffolk- County Recording & Endorsement PaLre This page forms part of the attached l ku made by: '(SPECIFVTYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK.I TO -In the TOWN of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BR TYPED Cxt PRINTED IN 13LACIC INK ONLY PRIOR TO RECORDING OR FILIIIG 12-0109_10108kk (nver) p T -S Stat ID: 4538822 R SMI A , 1907UN-2 i Tax Maps District Secton Block Lot School District 1000 11800 0300 001000 MATTITUCK-CUTCHOGUE 1000 11800 0300 003001 MATTITUCK-CUTCHOGUE �s BOUNDARY LINE AGREEMENT This Agreement, made the f-/day of Lh, 2021, between GERALD STAGG, residing at 7500 Nassau Point Road, Cutchogue, NY 11935, Party of the First Part and JUSTIN BLAIR, residing at 555 Bridge Lane, Cutchogue, NY 11935, Party of the Second Part. WHEREAS, the Party of the First Part is the owner in fee simple of certain real property known as and by 7500 Nassau Point Road, Cutchogue, NY 11935. Designated as 1000; 118.00; 03.00; 003.001 on the Tax Map for the County of Suffolk, State of New York and as more particularly described on Schedule A attached hereto and made part hereof(hereinafter "Parcel X); and WHEREAS, the Party of the Second Part is the owner in fee simple of certain real property known as and by 555 Bridge Lane, Cutchogue, NY 11935 designated as 1000; 118.00; 03.00; 001.000 on the Tax Map for the County of Suffolk, State of New York and as more particularly described in Schedule B attached hereto and made part hereof(hereinafter "Parcel B"); and WHEREAS, Parcel A and the westerly boundary line of Parcel A is noted on a survey prepared by Kenneth M. Woychuk Land Surveying, PLLC dated March 16, 2021, (hereinafter the uSurvey"), a copy of which is attached as Exhibit 1; and WHEREAS, said survey also shows, amongst other things, that the Party of the Second Part has encroached upon the property of the other, to wit: Additionally, the parties acknowledge that said chain link fence extends away from the designated westerly boundary line at its furthermost point 27.5 feet onto the property of the Party of the First Part, as depicted on the aforementioned survey. Furthermore, said survey clearly indicates the existence of a playground area and shed of the Party of the Second Part extending upon the property of the Party of the First Part. Additionally, the parties agree that there are trees planted along the rear property line which extend onto the property of the Party of the First Part. WHEREAS, the parties desire to avoid any further controversy in regard to the existing boundary line between the two parcels mentioned above, respectively owned by them, without resort to litigation; NOW, THEREFORE, in consideration of the mutual promises and conveyances herein contained, and other good and valuable consideration, the receipt of which is hereby mutually acknowledged, the parties hereto for themselves and their heirs, legal representatives, successors and assigns, covenant and agree as follows: 1. That said fence shall continue to remain in existence. Each party may utilize the properties for which the fence might indicate that they would be out of possession as if they were owners thereof subject, however, to the following: 2. The Party of the Second Part agrees that in the event the shed.is removed or the playground area is removed, that there shall be no continuing rights to a new shed or a new playground area being erected onto the property of the Party of the First Part, The Party of the First Part reserves the right to move his fence along the property line if, as, and when the trees die or are removed. 3. The parties thereby agree and acknowledge that any use by the other of the properties designated on their respective side of the existing chain link fence previously described is permissive and not hostile or with any claim of right against the other, their heirs, legal representatives, successors and assigns. 4. The parties hereby agree to hold each other harmless for any claims that may arise when either party occupies the aforementioned westerly boundary line located between Goldfish Pond Road and the fence of the Party of the First Part. IT IS MUTUALLY AGREED AND COVENANTED that this agreement shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns. In WITNESS WHEREOF, we have hereunto set our hands and seals on the date first above mentioned. PARTY OF THE FIRST PART PART-Y-O T E SECOND PART GERALD ST ( , JUSTIN BLAIR STATE OF NEW YORK } COUNTY OF SUFFOLK } ss.: On the / y� day of h in the year 2021 before me, the undersigned, personally appeared GERALD STAGG, personally known to be 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 signature on the instrument, the individual, or the person upon behalf of which the individual ac cuted strument. Not ublic7 HARVEY A. ARNOI•f Notary Public,State of New York 02AR0096585-Suffo! ountp Commission Expires Oct. 31, 0� STATE OF NEW YORK ) COUNTY OF SUFFOLK } ss.: i _ On the 2-LI day of March in the year 2021 before me, the undersigned, personally appeared .JUSTIN BLAIR, personally known to be 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 signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public baAS -'S-4f)A ti2� _ oAvlo J.JArinluzzr a s ►�lao a5 d 4Z;65 NOTARY PUBLIC,STATE OF NEW YORK Registratlon No.02JA60r,Ea8 Qualified in Suffolk County ��� Corwrtission Expires February 13,20071 SCHEDULE A ALL (hat certain pfot,.piece or parcel of land siluale lying and being In the Town of Southold County of Suffolk Stele of New York BEGINNING at a point on the westoily Ilne of Nassau Point Road which point Is South 2 degrees 39 minutes 18 seconds East 30.30 loot born a poinl lormod by tho IntersectionI ilia weslorly line of Nassau Point Road with the southerly line of a parcel of land conveyed by Leland B, Fr4ser to Thelma Dialendorl by deed recorded in the Office of the Clerk of Suffolk County In Liber 6349 P' ge 138, and I. RUNNING THENCE from sold polril•of BEGINNING southerly along an Irregular curve marking the w;69fdriy 16% of Nassau Point Rond, Iledines along sold curve (i) bearing South 7 degrees 53 Irtinules 32 seconds West for a distance of 77.41 feet; (2) South 0 degreer; 23 minutes 43 seconds West 82.35 Not; THENCE North 85 degrees 31 minutes 28 seconds West through the land of the.party of the first part 349.64 reel to the easterly line of Goldfish Pond Road; THENCE northerly along an Irregular curve marking the easterly line of Goldfish Pond Road,tie liner, along said curve: (1) bearing North 4 degrees 57 minutes 19 seconds East for a distance of 93.01 feel; (2) bearing Norih 18 degrees 01 minutes 49 seconds East for a distance of 79.22 feet; THENCE South 84 degrees 29 minutes 35 seconds jl�asl through the land of ilia party of the first part 289.04 feel to the point or place of BEGINNING 4 SCHEDULE B ALL that certain plot, piece or parcel of lana with the buildings and improvements thereon er=4 situate, lying and being at Nassau Point or Little I•log Neck, in the Town of South hold,County of Suffolk and State of New York and being that unnumbered Block bounded northwcstbrly by Bridge Lane; easterly and southerly by Goldfish Pond Road; and westerly by Bayberry Road; shown on map ent;llcd "Amended Mup Day of Nassau Point, owned by Nassau Point Club Properties, Inc.,situate in the Town of South hold Long Island,New York, surveyed Juno 20 8, 1922, by Otto W. Van Tuyl, C.[3. and Surveyor. Greeepoint. New York" and is filed in the Once of the Clerk of the County of Sufrolk on August 16, 1922 as mapNa. IS6, which said block is more particularly bounded and described us follows: BEGINNING at a point on the southerly side of Bridge Lane, Tustin to pay tic-line of 5° and 42 minutes 00 seconds West 50.00 fcct fmm a monument whcre the division line bertiveta lots 127 and 128 an the above map intersects the southerly line or 13ridgo lane; RUNNING THENCE in a southerly and south westerly direction along the irregular curve of the westerly line of Goldfish Pond Road.to the point which is distant a tie-lien of South 8° 19 minutes 10 seconds West, 190.62 feet from the above-mentioned place of beginning; THENCE southwesterly and westerly along the irregular curve of the northwesterly and northerly liens of Goldfish Pond Road to a point which is distant a tic-line of South 43°26 minutes 30 soconds West 147.29 fret from the last mentioned point; RUNNING THENCE in a north and northerly direction along the irregular corner of the�casterly side of Bayberry Road, 190 feet more or less to a point which is distant a tie-line of North 20° 19 minutes 30 seconds West 188.51 feet from said last mentioned point; THENCE northeasterly and easterly along the irregular curve of the southerly side of Bridge bene 230 fat more or Icstg to the pointer place of RECINN[NC.