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HomeMy WebLinkAboutL 13136 P 358 J 1111111 lilt 1111!111111111!Il1111111111111!!!11 1111 IIII 1111111111111111111111111 1 .. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 01/03/2022 Number of Pages: 8 At: 04 : 11 : 35 PM Receipt Number : 22-0000313 TRANSFER TAX NUMBER: 21-18382 LIBER: D00013136 PAGE : 358 District: Section: Block: Lot: 1000 053. 00 06. 00 008 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40 .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 $490 . 00 TRANSFER TAX NUMBER: 21-18382 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County '2I i ❑12❑ RECORDED Number of pages 2022 J.an 1)3 04:11:35 PK JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK COUNT'S record. Please remove all L DOOO13136 P 353 Social Security Numbers DT# 21-13332 prior to recording. Deed/Mortgage Instrument Deed/Mortgage'fax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee WU Mortgage Amt. ' 1.Basic Tax Handlingj( 20. 00 2. Additional Tax `'� 0 TP-584 Sub Total Notation\ Spec./Assit. `] or EA-52 17(County) Sub Total 1 or /Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A.k\ � Held forAppointment Comm.of Ed. 5. 00 Transfer Tax Mansion Tax Affidavit ' The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 1s. 00 4ao family dwelling only. Sub Total YES or NO Other f �r� Grand Total l� �f � If NO, see appropriate tax clause on page# of this instru men� r 4 Dist. ( 4718835 ;000 5 Community Preservation Fund Real Property P T cr f V11, f II Consideration Amount$Tax Service RSM1 A Iu Agency yp-0EC 2t CPF Tax Due $ Verification J Improved� Satisfactions/Discharges Releases List Property Owners Mailing Address 6 R CORD&RETURNp0: Vacant Land JEROLD NEMETZ, ESQ. 74 BROADWAY TD AMITYVILLE, NEW YORK 11701 TD TD Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name PRIMARY LAND SERVICES www.suffolkcountyny.gov/clerk Title# pY-32564 8 Suffolk County Recording & Endorsement Page This page forms part of the attached C made by: (SPECIFY TYPE OF INSTRUMENT) DAHNA M.BASILICE,AS TRUSTEE The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD STERLING BRENT REAL ESTATE LTD. In the VILLAGE or HAMLET of BOXES 6 THRU H MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over P T -S- r� R SMI .A Stat ID: 4718835 20-DEC-21 Tax Maps District Secton Block Lot School District 1000 05300 0800 008000 GREENPORT 1000 05300 0800 009000 GREENPORT a r DECLARATION OF COVENANTS AND RESTRICTIONS PROTECTED VIEW AGREEMENT This AGREEMENT made this 12" day of March 2021 by and between DAHNA M. BASILICE, AS TRUSTEE OF THE DAHNA M. BASILICE REVOCABLE TRUST, 3255 Bay Shore Road, Greenport, NY 11944 and STERLING BRENT REAL ESTATE LTD., 74 Broadway, Amityville, NY 11701 (hereinafter collectively referred to at the "Parties") WITNESSETH: WHEREAS, DAHNA M. BASILICE, AS TRUSTEE OF THE DAHNA M. BASILICE REVOCABLE TRUST, owns real property located at 3255 Bay Shore Road, Greenport, NY 11944 and further described as SCTM No. 1000-053.00-06.00-008.000 hereinafter referred to as Property A and described in the attached Exhibit A (hereinafter the "Benefitted Premises") and WHEREAS, STERLING BRENT REAL ESTATE LTD., owns real property located at 3345 Bayshore Road, Greenport, NY 11944 and further described as Suffolk County Tax Map Nos. 1000-053.00-06.00-009.000 described in the Attached Exhibit B (hereinafter the "Burdened Premises") WHEREAS, Property A and Property B share a common boundary line (hereinafter, the "Shared Boundary"), which is further described on a survey made by Nathan Taft Corwin III, Land Surveyor dated 9/12/2017 updated 4/26/2018 (see attached Exhibit "C") commencing in a easterly direction from Bay Shore Road running thence 153.51 feet and WHEREAS, the parties have agreed to certain conditions described below relating to their common boundary and relating to maintaining 0/OOD /04Q 053. 00 0-0. 00 1 0(0. 00 pfd, 00 00 fir. OOp OOq. 000 protected views apart from herein described, NOW, THEREFORE, it is agreed by and between the parties, in consideration of ten dollars and other valuable consideration, as follows: 1. The Parties represent and warrant that they are the owners of the properties described herein and they have full power and authority to enter into this agreement. 2. The Parties agree that the existing four-foot fence in the front of Benefited Premises shall remain in its current state. 3. The Parties further agree that the owner of the Benefited Premises may erect a six-foot fence within the side / rear yard of that premises running along the common boundary until it reaches the back yard of the Benefitted Premises. The owner of the Burdened property agrees to not have any structure or plantings in excess of six (6) feet along the side yard of the common boundary. 4. The Parties further agree that from a point beginning at the start of the rear yard of the Benefited Premises and continuing along the boundary line all the way to the waterline of the benefited Premises, the owner of the Burdened property will not erect any structures or plantings from the end of the fence to the waterline. S. That the owner of the Benefited Premises shall have the right to demand the removal of any structures inconsistent with the within provisions. 6. Termination. This covenant shall run for a period of ten (10) years or upon transfer of the Benefited Premises. The Owner of the Burdened Property shall cooperate in the execution of any documentation required to effectuate the removal of this covenant from any portion of the Protected 2 View Area as set forth herein. 7. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and the parties hereby acknowledge that there have been and are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 8. Neither this Agreement nor any provision hereof shall be amended or modified or deemed amended or modified, except by an agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. 9. This agreement shall bind the respective Parties heirs, successors and assigns as set forth herein. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first written above. DAHNA M. BASILICE IP- STERLII BRE EAL STATE LTD. Ii QWJ -�� By: {Officer} 4C�6' CP-LScE a Or— T q{ OAWA AA- c3Ive,i c IkJ aC.arsLSE:, � End of page 3 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) On the �d qday of March on the year 2021 before me, the undersigned, personally appeared DAHNA M. BASILICE personally known to me or proved to me on the basis of satisfactory evidence to be the Individual (s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. DAVID J.JANNCIZZI NOTARY PUBLIC,STATE OF NEWY ORK Registration No.02JAG052585 STATE OF NEW YORK) commissioQualn Aires FgbN ry 13.' )SS: COUNTY OF SUFFOLK) On the �1� / day of March on the year 2021 before me, the undersigned, personally appeared f9Pma-1.4 - personally known to me or proved to me on the basis of satisfactory evidence to be the Individual (s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. B DAVID J.JANNU NOTARY PUBLIC,STATE OF NEW YORK Registration No.02JAGO52585 Qual&d in Suffolk County w�3 Commission ExPi February 3, 4 g3 ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being near Greenport in the Town of Southold, County of Suffolk and State of New York, known and designated as the southerly half of Lot 56, and all of Lot 57, on a certain map entitled, "Amended Map A, Peconic Bay Estates, situated at Arshamomaque, Town of Southold,New York, Otto W. VanTuyl,Land Surveyor, and filed in the Office of the Clerk of the County of Suffolk on May 19, 1933 as Map Number 1124,and bounded and described as follows: BEGINNING at a point on the easterly side of Bayshore Road, where the same is intersected by the division line between Lots 57 and 58 as shown on said map; RUNNING THENCE along the easterly side of Bayshore Road, North 23 degrees 51 minutes West, 75 feet; RUNNING THENCE through Lot 58 as shown on said map, North 66 degrees 09 minutes East, 155 feet to Peconic Bay; RUNNING THENCE along said Peconic Bay, South 23 degrees 51 minutes East, 75 feet to the division line between Lots 57 and 58 as shown on said map; RUNNING THENCE along said division line, South 66 degrees 09 minutes West, 155 feet to the easterly side of Bayshore Road at the point or place of BEGINNING. X � IT ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as part of Lots 58 and 59 on a certain map entitled "Amended Map A, Peconic Bay Estates" situate at Arshamomaque, Town of Southold, New York, Otto W. Van Tuyl, Land Surveyor and filed in the Office of the Clerk of the County of Suffolk on May 19, 1933 as Filed Map Number 1124 which said lots are more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Bayshore Road distant 930.64 feet northerly from the corner formed by the intersection of the easterly side of Bayshore Road with the northerly side of Island View Lane, said beginning point also being where the division line between lots 59 and 60 intersects the easterly side of Bayshore Road; RUNNING THENCE North 23 degrees 51 minutes 00 seconds West along the easterly side of Bayshore Road 100.00 feet to the division line between lots 57 and 58; RUNNING THENCE North 66 degrees 09 minutes 00 seconds East along said division line 153.51 feet to the tie line along the apparent high water mark on 4/26/2018 of the Peconic Bay; RUNNING THENCE South 17 degrees 14 minutes 09 seconds East 100.69 feet along the apparent high water mark on 4/26/2018 of the Peconic Bay to the division line between lots 59 and 60; RUNNING THENCE South 66 degrees 09 minutes 00 seconds West along said division line 141.92 feet to the easterly side of Bayshore Road, the point or place of BEGINNING. 1 0. �{ .Z � 1 b .o O 0 rn z ti r � � � � � 60.dL•LL S � � 1 3 _ a . 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