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HomeMy WebLinkAboutL 13149 P 332 I I I I I I I I I I I I SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 03/30/2022 Number of Pages : 8 At: 03 :24 :37 PM Receipt Number 22-0054894 TRANSFER TAX "NUMBER: 21-29142 LIBER: D00013149'�' PAGE : 3 3 2, 4 .� . District: Section: Block: Lot: 1000 128 . 00 01 .00 004 . 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 COE $5 . 00 NO NYS SRCHG : $15 .00' : NO + TP--584, $10 . 00 NO Notation $4 ,,��' _ 'NO 'C .; Cert. opies y` $0 . 00 NO RPT 400:0 . •NO Transfer tax $0. 00 NO Comm.Pres $0 . 00. ,NO Fees Paid $490 . 00 TRANSFER TAX NUMBER: 21-29142 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County r a RECORDED Number of pages 2022 Mar 30 03:24:37 PM JUDITH R. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L 000013149 Social Security Numbers P C1T# 21-29-29 142 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax.Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt, 1.Basic Tax Handling 20. 00 � 2. Additional Tax TP-584 6� — Sub Total Notation`` Spec./Assit. 0 / or EA-52 17(County) Sub Total -7 Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A.� Dual Town Dual County ��pp Held forAppointment Comm.of Ed. 5. 00 Transfer Tax Affidavit + • Mansion Tax Certified Copy The property covered by this mortgage is f ' or will be improved by a one or two NYS Surcharge 15. 00 ya0 family dwelling only. Sub Total YES or NO Other Grand Total 00 CM If NO, see appropriate tax clause on page# of his instrument. 4 Dist. EOOC 4814728 5 Community Preservation Fund Real Property p T S I I I Consideration Amount$ Tax Service R SMI A Agency 24-MAR CPF Tax Due $ Verification --- —- — �_ Improved 6 -Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land Morgan W. Fiedler, Esq. TD PO Box 587 Greenport, New York 11944 TD TD Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Boundary Line Agreement made by: (SPECIFY TYPE OF INSTRUMENT) Robert M.Constantini and Kim E. Constantini The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold 115 Peconic Bay Homeowner, LLC In the VILLAGE or HAMLET of Laurel G THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over p S ' Stat ID: 4814728 24-MAR-22 { Tax Maps District/Secton Block Lot School District "^ 12800 0100 004000 MATTITUCK-CUTCHOGUE 1000 12800 0100 005000 MATTITUCK-CUTCHOGUE A s. M BOUNDARY LINE AGREEMENT i AGREEMENT made this i� day of• Q 20_9 by and between Robert M. Constantini and Kim E. Constantin residing at 5700 Great Peconic Bay Blvd., Laurel, NY 11948, party of the first part, and 5445 Peconic Bay Homeowner, LLC, having an address of 5445 Peconic Bay Blvd., Laurel,NY 11948, party of the second part. WHEREAS, the party of the first part is the sole owner of the property known as 5705 Great Peconic Bay Blvd., Laurel, NY 11948 (also known as District 1000, Section 128.00, Block 01.00, Lot 004.000) ("Adjacent Property") as described on Schedule A annexed hereto and made a part hereof, pursuant to a deed dated September 19, 1988 and recorded October 13, 1988 in Liber 10713 Page 81; and WHEREAS, the party of the second part is the sole owner of the property known as 5445 Peconic Bay Blvd., Laurel, NY 11948 (also known as District 1000, Section 128.00, Block 01.00, Lot 005.000) ("Subject Property") as described on Schedule B annexed hereto and made a part hereof, pursuant to a deed dated June 4, 2019 and recorded July 26, 2019 in Liber 13021 Page 450; and WHEREAS, the Adjacent Property and the Subject Property are contiguous and share a common boundary line along the West side of the Adjacent Property and the East side of the Subject Property; and WHEREAS, according to a survey of the Subject Property made by Kenneth M. Woychuk Land Surveying, PLLC dated December 18, 2017 (See Exhibit C annexed hereto and made a part hereof) (the "Subject Property Survey"): the lawn from the Adjoining Property to the East encroaches 17 feet onto the Subject Property and concrete patio encroaches 1.8 feet onto the Subject Property; and WHEREAS, the parties desire to relinquish any and all rights of title or interest they may have in the land of the other. NOW, THEREFORE, in consideration of Ten ($10.00) Dollars and other good and valuable consideration, the parties hereby covenant and agree as follows: 1. The party of the first part makes no claim and will not claim and hereby releases any right, title and/or interest acquired by prescription or otherwise over the Subject Property and agrees that it has no rights over the Subject Property. 2. The party of the second party makes no claim and will not claim and hereby releases any right, title and/or interest acquired by prescription or otherwise over the Adjacent Property and agrees that it has no rights over the Adjacent Property. 3. The parties acknowledge that the boundary is actually the record line delineated in the attached Subject Property Survey, and the parties of the first part agree that the lawn and 1 concrete patio will be removed, at their cost and expense, upon the request of the parties of the second part or their successors in title. 4. The parties acknowledge and agree that any maintenance of any part of the Subject Property by the party of the first part is and has been consensual and without claim of right and shall never result in the vesting of any property rights in the party of the first part or any successor in interest, by adverse possession or otherwise. 5. The parties agree to permit this agreement to be recorded. 6. This agreement and the covenants herein shall run with the land, and inure to the benefit of and be binding upon the parties hereto and their respective heirs, legatees, administrators, executors, legal representatives, successors and/or assigns, including remote, as well as immediate, successors to and assignees of the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement the day and year first above written. Robert M. Constantini 1445 Peconic Bay Homeowner, LLC By: Keri Minnick, Member Kim E.&onstantini 2 STATE OF NEW YORK } ss: COUNTY OF, r ) On the `0I"*, day of 1Gtk,;Rrq in the year 20 before me, the undersigned, personally appeared ROBERT M. CONSTANTINI, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(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. 00 Notary Public MORGANT W. FIEDLER STATE OF NEW YORK ) NOTARY PUBLIC-STATE OF NEW YORK Ss: No.02FI6304179 COUNTY OF 5uf(6.l)L ) Qualified in Suffolk County My Commission Expires 05-27-2022 On theAt", day of TAnoAr4 in the year 20a9 before me, the undersigned, personally appeared KIM E. CONST NTINI, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(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. Notary Public MORDANT W. FIEDLER NOTARY PUBLIC-STATE OF NEW YORK STATE OF NEW YORK ) No.02FI6304179 r// ss: Qualified in Suffolk County COUNTY OF 50(f I k ) My Commission Expires 05-27-2022 On the I? '' day of R 6r()arY _ in the year 20692. before me, the undersigned, personally appeared KERI MINNICK, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(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. MORGANT W. FIEDLER NOTARY PUBLIC-STATE OF NEW YORK Notary Public No.02FI6304179 Qualified in Suffolk County My Commission Expires 05-27-2022 3 ALL*a dsrwn pm. pig" of puM 01 WW, with the bWWifts and l�rww�y ti�efiaa said. ohm",hd�1 7�R at MatEltuGic, In the Town of 5puthDid, County of Sutfolk and State of iter York. bounded and described as tollows: BEGINNING at a monument set on the northwesterly side of Peconic gay Boulevard, at the southwesterly corner of the premises about to be described, and the SautheaSterly corner of lands formerly of Pasternak, now at "10861 Ligouri ; Rtil tKG THENCE Horth 19 degrees 57 minutes 30 seconds Most 217.65 feet along said lands of Ligourl to a monument; . RUNNING THENCE North 18 degrees 56 minutes 30 seconds West 54,84 feet along lands of Ligourl to a monument; RUNNING MENCE North 46 degrees 48 minutes 20 seconds East 56.60 feet along lands Of Lillian P. Dyer to a monument; RUNNING THENCE South 43 degrees 11 minutes 40 seconds East 250.00 feet along lands Nott or tormerly of Itrivarasy to a monument set on the northwesterly line Of Peconic Bay Boulevard; RUNMING THENCE South 46 degrees 48 minutes 20 seconds Best 165.00 feet along the northwesterly line of Peconic Bay Boulevard to the monument at the point of BEGINNING. TOGETHER WITH a right-of-way In common with others from Peconic Bay Boulevard to Great Peconic pay, over a strip of land 12 feet in width lying between the westerly line of lands now or formerly of Edward Stoehr, and the easterly line of lands originally of Higgins, later of Carlton N. Prdnkdrd and George F. Hammill, 800 Westchester Avenue•Suite 5340•Rye Brook,NY 10573•T(914)381-6700•F(914)381-3131 315 Madison Avenue•Suite 3028 r New York,NY 10017•T(212)432-3272+F(800)329-9396 JUDICIAL TITLE 30 West Main Street•Suite 302.Riverhead,NY 11901 •T(631)395-0500•F(631)405.3155 Title Number: 145412lFA-S SCHEDULE .e) Amended 12/09/2021 ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the northwesterly side of Peconic Bay Boulevard with the northeasterly side of Acorn Lane (as said intersection is shown on the Map of Sand Wood,filed in the Office of the Clerk of the County of Suffolk, on August 15, 1951,as Map No. 1857); RUNNING THENCE along the northeasterly side of Acorn Lane, the following two (2) courses and distances: North 50 degrees 13 minutes 30 seconds west, 240.10 feet (240.00 feet, survey); Northwesterly along an arc of a circle bearing to the left, having a radius of 50.00 feet, a distance along said arc of 131.14 feet, RUNNING THENCE along land now or formerly of Pasternak, north 39 degrees 30 minutes 00 seconds east, 478.84 feet; RUNNING THENCE along land now or formerly of G.B. Woodhull, the following two (2) courses and distances: South 17 degrees 37 minutes 37 seconds east, 203.71 feet; South 18 degrees 38 minutes 20 seconds east, 217.69 feet (217.65 feet, survey) to the northwesterly side of Peconic Bay Boulevard; RUNNING THENCE along the northwesterly side of Peconic Bay Boulevard, the following three (3) courses and distances: South 48 degrees 07 minutes 30 seconds west, 17.33 feet; South 46 degrees 24 minutes 20 seconds west, 164.68 feet; South 39 degrees 46 minutes 30 seconds west, 49.11 feet to the corner first mentioned above, the FOR CONVEYANCE PURPOSES B00 Westchester Avenue•Suite S340•Rye Brook,NY 10573•T(914)381-6700•F(914)381-3131 315 Madison Avenue•Suite 3028•New York,NY 10017•T(212)432-3272•F(800)329-9396 JUDICIAL TITLE 30 West Main Street•Suite 302•Riverhead,NY 11901 •T(631)395.0500.F(631)405-3155 Title Number: 145412FA-S SCHEDULE 8 (continued) Amended 12/09/2021 point or place of BEGINNING. TOGETHER with a non-exclusive Right of Way leading from the southeasterly line of Peconic Bay Boulevard to Peconic Bay over the following described parcel: BEGINNING at a point on the southeasterly side of Peconic Bay Boulevard, where the same is intersected by the easterly line of land now or formerly of Schott and Blankshire and from said point of BEGINNING; RUNNING THENCE north 46 degrees 24 minutes 20 seconds east along the southeasterly side of Peconic Bay Boulevard, 8.75 feet; RUNNING THENCE south 19 degrees 41 minutes 40 seconds east, 481.74 feet; RUNNING THENCE north 37 degrees 34 minutes 00 seconds east, 17.00 feet; RUNNING THENCE south 19 degrees 41 minutes 40 seconds east, 45.00 feet more or less to the mean high water line of Peconic Bay; RUNNING THENCE southwesterly along the mean high water line of Peconic Bay, 25.00 feet more or less to land now or formerly of Schott and Blankshire; RUNNING THENCE along said last mentioned land, north 19 degrees 41 minutes 40 seconds west, 528.00 feet more or less to the southeasterly side of Peconic Bay Boulevard at the point or place of BEGINNING. FOR CONVEYANCE PURPOSES The policy to be issued under this report will insure the title to such buildings and improvements erected on the premises which by law constitute real property. TOGETHER with all the right, title and interest of the party in the first part,or, in and to the land lying in the street in front of and adjoining said premises. & 6� C S-C,T,M,NO. DISTRICT; 1000 SECTION:128 9LOC9t 7 LOT(S}:5 s . r 1♦ • I ♦ LtlIM 111AIT•U�F/ ♦ I wen 1...f COIY colrefr I I • • ~ I I • / / I I I il/.01 VM4l l..ri/10115 r_-- —_ A r y I \ _ { \ NH OP LYAILL L/a4/10117 RID N7Y.77.7001 � ^ ———— —Is— b w 1 ` 1 -VACANT- - '1 ROODED Lor o ormm 50 O D + + W i + •3�� 5 I I I � T 1 1 1 ��` mak, ,��,• ��.�� / //�/ \�,� �� at. y �oP °5 4� � ur. 1.�a11e0 OF 1 W'Ria1[1t Milo SOFT. `\♦ WETLANDS: 27,325 SO.Fr, or 0.63 ACRES THE WA1FR SUPPLY, KLMDRYIfElLS AND CESSPOOL UPLAND: 89,264.5 SQ.F, or 2,03 ACRES �\ LOCATIONS SNOIW ARE nN N FIELD Of?MRVA IIONS AND CR DATA 09 TAINED FROM OnTPS, AREA: 1[115,389.5 SQ.FT, or 2.68 ACRES ELEVATION DATUM; NAV06B LP7AU7HORrIED AL 7ERA ITON OR AMPON TD 1105 51/RWr IS A VIOLA DON Or SEC DON 7202 OF THE NEW nIRK STATE EOUCADON LAW. COPT OF THIS SLRY£r MAP NOr 9EARWO THE LAND SURWYOWS EMBOSSED SEAL SHALL NOT BE CONSIDERED TD BE A VALjD TRUE COPY. CUARANIEES W&CA TED HEREON SHALL RUW OKY rO THE PERSON FOR KWV RAE SURVEY 15 PREPARED AND ON HIS BEHALF TO INE TITLE COMPANY, COWITNUENrAL AGENCY AND LEMOMIG WSR7U71CN USMV H£RE01C AND TO 7N£AMAIE£S Or THE LENOWNC WSRIUNOM QIARANT££S ARE NOT TRANSF£RAjXE. RTE OFFSETS Or DWENSONS"W HEREON FROM INE PROPERTY LWES TD rHE S11TECTURES ARE FOR A SPECRTC PURPOSE AND USE THEREFORE 1NEY ARE Nor 1NT£MOED TO MONUIIIENr 01E PROPERTY LWES OR TD G17OE 771E ERECTTON OF FENCEx ADDIRONAL SMUCrLWES OR AND DRIER n/PROVEMENFS EASEMENTS ANO/pp SUBSORFAOE STAUCIURES RECORDED OR uvRECGRDED ARE NOT GUARANTEED MESS PHYSCALLr ENDEN7 ON THE PREMISES Ar INE DME Or SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED 70:5445 PECONIC BAY HOMEOWNER, LLC MAT'OF; FIRST AMERICAN TITLE INSURANCE COMPANY; FILED: ALL STATE ABSTRACT CORP.; SITUATED AT:LAUREL TOWN OF:SOUTNOLD KENNETH X WOYCHUX LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surra)inj and Design / P.O. Box 159 Aquabotue, New York 11951 FILE / 17-146 SCALEr 1--.50' DATE;DEC. 18, 2017 PHONE(931)ea9-1598 PAX 1071] ttaa-lana N Y.S LISC. N0. 070882 w1.%kM&Am 1a.I.../s..r a.a.,%I.D---7 a F—th a.r.T uh