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Home My WebLink AboutL 13165 P 582 111111111111111111111 VIII VIII VIII III111111111111111 l l l l l l l l l l l l l l l SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 07/20/2022 Number of Pages: 8 At: 03:58 :01 PM Receipt Number : 22-0117687 TRANSFER TAX NUMBER: 21-42060 LIBER: D00013165 PAGE : 582 District: Section: Block: Lot: 1000 115 . 00 10 . 00 001 .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 $490 .00 TRANSFER TAX NUMBER: 21-42060 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ❑1 ❑2 RECORDED 2022 .Jul 20 03:58:01 PM Number of pagesJUDITH A. PASCALE CLERK OF SUFFOLK COUNTY This document will be public L D00013165 P 582 record. Please remove all DT# 21-42060 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation 1 '�1 Spec./Assit. EA-52Y7(County) SubTotalV Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. U 1� Dual Town Dual County Held forAppointment Comm.of Ed. 5. CO_ ' Transfer Tax Affidavit �+ . Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total yl YES orNO Other 'A Grand Total0 If NO, see appropriate tax clause on page# of this instrument. 4 Dist.1 4927213 )00 5 Community Preservation Fund Real Propen PTS III®I�I�®l��I�I� Consideration Amount$ Tax Service R CWH A Agency 11-JUL-22 CPF Tax Due $ Verification - — - - - Improved Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 RECORD&RETURN TO: Vacant Land Heather Wright, Esq. TD P.O. Box 3070 Southampton, NY 11969 TO TD Mail to:Judith A. Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Bridge Abstract LLC www.suffolkcountyny.gov/clerk Title# BAL5266S 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Boundary Line and Maintenance Agreement made by: (SPECIFYTYPE OF INSTRUMENT) The Koehler Family Limited Partnership The premises herein is situated in SUFFOLK COUNTY,NEW YORK, TO In the TOWN of Southold Gerard E. Diffley and Karen L. Diffley In the VILLAGE or HAMLET of Mattituck BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over p S Stat ID: 4927213 R cwH A11-JUL-22 Tax Maps District Secton Block Lot School District 1000 11500 1000 001000 MATTITUCK-CUTCHOGUE 1000 11500 1100 001000 MATTITUCK-CUTCHOGUE R 4 { BRIDGE ABSTRACT BOUNDARY LINE AND MAINTENANCE AGREEMENT This Agreement, made the 0 4 day of Ppe- I , 2022, between THE KOEHLER FAMILY LIMITED PARTNERSHIP, with offices at 108 Allen Blvd., Farmingdale, NY 11735 (hereinafter "KOEHLER") Party of the First Part, and GERARD E. DIFFLEY AND KAREN L. DIFFLEY, residing at 435 Lupton Point Rd., Mattituck ,NY 11952 (hereinafter"DIFFLEY") 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 NO# New Suffolk Ave., Mattituck, NY, designated as District 1000, Section 115.00, Block 10.00, Lot 001.000 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 A"); and WHEREAS, the Party of the Second Part is the owner in fee simple of certain real property known as and by 435 Lupton Point Rd., Mattituck, NY, designated as District 1000, Section 115.00, Block 011.00, Lot 001.000 on the Tax Map for the County of Suffolk State of New York and as more particularly described on Schedule B attached hereto and made part hereof(hereinafter "Parcel B"); and WHEREAS, Parcel A adjoins Parcel B; and WHEREAS, a survey of Parcel A has been prepared by Kenneth M. Woychuck Land Surveying PLLC, land surveyor, last stated January 25, 2022 (hereinafter the "Survey"), a copy of which is attached as Exhibit 1. Said survey shows, among other things, are a arborvitae hedge and row of spruce trees which run along or nearby the southerly line of Parcel A and the northerly line of Parcel B, but is situate up to 7.4 feet inside Parcel A; and WHEREAS, the parties desire to fix and definitely establish the boundary line between the two parcels mentioned above respectively owned by them without resort to litigation; and 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: That irrespective of the placement of the arborvitae hedge and row of spruce trees between Parcel A and Parcel B, the common boundary line between the parcels shall be deemed the southernly boundary of the property owned by the Parry of the First Part and the northerly boundary of the property owned by the Party of the Second Part is established as being described as follows: South 78 degrees 47 minutes 10 seconds West,280.20 feet And the Party of the First Part does hereby remise, release and quitclaim unto the Party of the Second Part, its successors and assigns, all of its right, title and interest in and to any land lying to the south of the said boundary line so established, and the Party of the Second Part does hereby remise, release and quitclaim unto the Party of the First Part, its successors and assigns, all of its right, title and interest in and to any land lying to the north of the said boundary line so established, and The parties further agree and acknowledge that any use by the Party of the Second Part, their heirs, legal representatives, successors and assigns, of any portion of Parcel A lying north of said boundary line, is permissive and not hostile to or with any claim of right against the Party of the First Part, their heirs, legal representatives, successors and assigns. t WFG National Title Insurance Company Title Number: BAL5266S Page 1 Amended 11 31 12022 SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the vicinity of Mattituck, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the easterly side of Marratooka Road and the southerly side of New Suffolk Avenue; RUNNING THENCE from said point or place of beginning along the southerly side of New Suffolk Avenue, North 78 degrees 40 minutes 30 seconds East, 997.23 feet to a stone monument and land now or formerly of Doreen E. Evans and Martin P. Evans; THENCE along said last mentioned land the following two (2)courses and distances: 1. South 03 degrees 46 minutes 30 seconds East along last mentioned land, 181.60 feet; 2. South 69 degrees 36 minutes 50 seconds East,43.82 feet to the westerly side of Deep Hole Creek; THENCE the following three (3) tie line courses and distances along the apparent high water mark of Deep Hole Creek: 1. South 23 degrees 18 minutes 04 seconds East, 99.43 feet; 2. South 03 degrees 31 minutes 41 seconds West, 97.78 feet; and 3. South 06 degrees 44 minutes 36 seconds East, 109.47 feet to land now or formerly of Douglas Hirsch and Leslie Hirsch; THENCE along said last mentioned land the following three (3) courses and distances: 1. South 78 degrees 40 minutes 30 seconds West, 97.20 feet; 2. South 86 degrees 40 minutes 20 seconds West, 55.88 feet to a monument; and 3. South 08 degrees 09 minutes 00 seconds East, 321.41 feet to a concrete monument and land now or formerly of Edward Hanes; THENCE along said last mentioned land, and along land now or formerly of Henry J. Loefler and Nancy M. Loefier, and land now or formerly of Gerard E. Diffley and Karen L. Diffley, South 78 degrees 47 minutes 10 seconds West, 440.77 feet; THENCE North 71 degrees 39 minutes 20 seconds West, 223.91 feet to the easterly side of Marratooka Road; 1 WFG National Title Insurance Company Title Number: BAL5266S Page 2 THENCE northerly along the easterly side of Marratooka Road the following two (2) courses and distances: 1. North 24 degrees 38 minutes 30 seconds West, 275.29 feet; 2. North 18 degrees 14 minutes 20 seconds West, 425.18 feet to the point or place of BEGINNING. SUBJECT to a Right of Way over the subject premises as contained in Liber 1043, Cp. 140, as repeated in Liber 4980, Cp. 548, in Liber 12241, Cp. 322, and in Liber 12700, Cp. 877. SUBJECT to a Right of Way in favor of Tax Lot 002.000 as contained in Liber 5759, Cp. 305, and repeated in Liber 11974, Cp. 395. 2 ALL that rennin plot,piece Of pared of Lind,with the balidinp and improvements thereon crerted,sittute;lyln3 ■nd M42K" at MAttituck, Town of Southold, County of Suffolk and State of Now York, more particularly bounded and described as followst BEGINNING at a point in the center line of a 20 foot right-of-way running easterly from Marratooka Road, said point being 223.91 feet easterly as measured along the center line of the 20 foot right-of- way from the easterly side of Marratooks Roadt Running thence North 78 degrees 47 minutes 10 seconds East along XKM land of Ruland 290.20 feet to land of Karni 0187. Thence South 4 degrees 03 minutes 40 seconds East along said land 1000 140.48 feed Thence northwesterly along the center line of a 20 foot right-of- way North 73 dogress 20 minutes 50 seconds West 262.15 feet and SECT. North 71 degrees 39 minutes 20 seconds Went 35.26 feet to the point 115.00 or place of BEGINNING. TOGETHER withta right of way over said 20 foot right-of-way from the southeasterly corner of the promises westerly about 520 feet BLit. to Marratooka Road. Also with a right-of-way over said 20 foot 11.00 right-of-way from said southeasterly corner of the promises easterly to Deep Hole Creek. Also with a right-of-way over said 15 foot right-of-way from the northeasterly corner of the promises easterly LAT about 311.70 feet to Deep Bole Creek. 001.000 BEXUG AND INTENDED to be the same premises conveyed to the party of the first part by Jules Adriaenseens and boris Adriaenssen■ by deed dated August 5, 1977 and recorded in the Office of the Suffolk County Clark an August 12, 1977 in Liber 6288 at page 103. 9 ou 05 m m O NO 4b N m M 1 P i 1 i i 1 1 2p• '� ! 11 � � I 01 1 A 1 ! m � s � ►v t,� - i lo.. 1 1 1 1 1 1 I i c i I I I I i I nl.LU4�UGV1YlY �i'V LV CL "m IYrtiiSl'7'1'��CN.......i �RaJl'SAR3FC6raa . INCLUDES ROADWAY ASPHALT: 113 S.F. RESERVED DEVELOPMENT AREA#iB: 30,363 S.F. TOTAL AREA INCLUDES 35' WIDE ACCESS ALONG (SCTM#1000-115-10-2): 25,967 S.F. ii. INCLUDES 10' WIDE LUPTON POINT RD. ACCESS: 2,374 S.F. c: � � > INCLUDES ADDRONAL 10' ACCESS ALONG CLIFTON RD.: 2,022 S.F. i I �v. REVISED 01-25-22 rf' REVISED 01-19-22 REVISED 01-12-22 ;.. Iw' REVISED 12-22-21 REVISED 11-27-21 UPDATE 10-12-21 ';- REVISED 09-24-21 E" =; REVISED 09-09-21 u..v THE WATER SUPPLY, WELL$ DRYW£LLS AND CESSPOOL .' LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS V t UNAUIHOIDZED ALTERATION'OR ADgM:W R1 iHIS SURVEY IS A NOLARONf OF SECnON 7209 OF TNf NEW YORK STATE EDUCATKW"It COPIES 0�IN1S SURVEY - �_,._. NAP NOT HEARING 71A LAND SUR1£YOPS INSSSU SEAL SIUILL NOT Bf L'dNSIDERED TO BE A VAUD TRUE COPY GUARANIEES INDICATED NEREDN SINALL RUN `+.+.. ONLY TO THE PERSON FUR WHOM THE SURWY IS PREPARED AND ON NIS BEHALF ro THE OT I MSFENY, GOVERNMENTAL AGENCY AND LENDONO INSn7UnON LISTED N£R'ON,AND TO THE ASSIGNEES OF THE LENDING INSI TURM;GJARANIEES ARE NOT iRANSFERABI£. THE OYTSM OR DWENg0NS SHONN HEREON FROM THE PROPERTY LINES TO 7HE STRUCRWS ARE FOR A SPECIFIC PURPOSE AND USE MEREFQRf TIIE'Y ARE NOT w7ENOED TO MONUMENT INE PROPERTY LINES OR TO WIDE THE EREC71ON OF FENCES ADDITIONAL SIRUCNRfS OR AND OWER/YPROI¢MEN7S £ASEIlENTS I AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON WE PREIOSES AT 7TH 77ME OF SURVEY CERTIFIED TO:PECONIC LAND TRUST; SURVEY-DESCRIBED PROPERTY TOWN OF SOUTHOLD; BRIDGE ABSTRACT LLC; SIUATED AT:MAT11TUCK TowN oF:SOUTHOLD KENNETH M WDYCHUK LAND 3URYEYING, PLLC Professional Land Surveying and Design SUFFOLK COUNTY, NEW YORK - P.O. Hoz 169 Aquebogue, New York 11991 .. '•` PHONE(esL*Be-Lsaa VAX(esq 29e-1aea FILE Y 14-62 SCALE:1"=50' DATE.JUNE 30, 2014 N.Y.S USG N0. 05PBH2 m�mutwos w'".0 of 8a0it �'�oif°M v�eeat (. I I i I i I ® � BRIDGE ABSTRACT The party of the Second Part acknowledges and agrees that the arborvitae hedge and row of spruce trees may remain in its current location with the permission of the Party of the First Part for as long as said arborvitae hedge and row of spruce trees stand. The parties further agree to each maintain the arborvitae hedge and row of spruce on their respective properties at its current height for as long as said trees shall stand. In the event of any "die off" of the existing arborvitae hedge row and spruce trees, replacement trees of a similar type and height will be planted on the common boundary line. 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 hereuour hands and seals on the date first above mentioned. HE HLE Y LIMITE ARTNERSHIP - RA D IFFLEY KAREN L. DIF LEY STATE OF NEW YORK } } ss.: COUNTY OF SUFFOLK ) On the/AgVN .day ofin the year 2022 before me, the undersigned, personally appeared JOHN KOEHLER,+prso'nally 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 .57A L != —lkbWA C-Z4a-S QLi1�L�lFlls(� ! l.�F�CLIC QD. �� a STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) On the y`f day oft-,'lfin the year 2422 before me, the undersigned, personally appeared GERARD E. DIFFLEY AND KAREN L. DIFFLEY, 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 whi the individuals acted, executed the instrument. Notary Public15'0F � �?af�Na L. �` � 5 , �i9 qul�uh1�=b l�tl�r �C C'n. �/�