HomeMy WebLinkAboutL 13263 P 524 SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 09/10/2024
Number of Pages : 11 At: 11 : 43 : 07 AM
Receipt Number : 24-0112553
TRANSFER TAX NUMBER: 24-04854 LIBER: D00013263
PAGE : 524
District: Section: Block: Lot:
1000 094 . 00 03. 00 001 . 011
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 $13.75 NO RPT $400 . 00 NO
Transfer tax $0.00 NO Comm.Pres $0 . 00 NO
Comm.Pres Fund $0 . 00 NO Comm.Housing Fund $0 . 00 NO
Fees Paid $518 . 75
TRANSFER TAX NUMBER: 24-04854
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
VINCENT PULEO
County Clerk, Suffolk County
❑1 ❑2
Numberof pages 2024 Spo 10 11:43.07 AM
IINCENT PULED
CLERK; OF
This document will be public �iL LDC,0 c3263v
p L i�GOO13253
record. Please remove all P 524
Social Security Numbers UT# 24-04854
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
31 FEES
Page/Filing Fee Mortgage Amt.
1.Basic Tax
Handling 20. 00fl 2. Additional Tax
1
TP-584 10 r U Sub Total
Notation Spec./Assit.
or
EA-5217(County) Sub Total OQ Spec./Add.
EA-5217(State) TOT.MTG.TAX
�.�R.P.T.S.A. Dual Town Dual County
Held for Appointment
Comm.of Ed. 5. 00 1 If Transfer Tax
Affidavit nr • � Mansion Tax
Certified Copy The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15, 00 },� I family dwelling only.
Sub Total YES or NO
Other , G
Grand Total J If NO,see appropriate tax clause on
L, } page#_Af this instrumer�t.�,`
4 1 Dist. 1000 5387357 1000 �V� 5 Community Preservation Fund
Real Property RP4 III�1 IIIII I CPF Tax Due Amo$nt$�
Tax Service
Agency
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing dress
RECORD&RETURN TO: Vacant Land
Wickham, Bressler&Geasa, P.C.
P.O. Box 1424 TO
Mattituck, NY 11952
TO
TO
Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Company information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffo[kcountyny.gov/clerk Title#
8T Suffolk County Recording & Endorsement Page
This page forms part of the attached Boundary Line Agreement made
by: (SPECIFY TYPE OF INSTRUMENT)
Christopher C.Browder&Holly M.Browder,Joseph M.Donegan,Executor The premises herein is situated in
of the Will in the Estate of Robert Verdi,Jr.and Jeanne Marie Bellows SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of Southold
Chnstopher C.Browder&Holly M.Browder,Joseph M.Donegan,Executor I n the VILLAGE
of the Will in the Estate of Robert Verdi,Jr.and Jeanne Marie Bellows or HAMLET of Mattituck
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
PT S
Stat ID: R RAK A 5387357 10SEP-24
Tax Maps
District Secton Block Lot School District
1000 09400 0300 001008 MATTiTUCK-CUTCHOGUE
1000 09400 0300 001011
BOUNDARY LINE AGREEMENT
A(;R1;EMEN'1' made this day of'August, 2024, by and between Christopher C.
Browder and !Molly M. Browder, residing at 4050 Soundview Avenue. Mattituck, New York
11952 (licreiiiaftcr "Browder") and Joseph M. Donegan as Executor of the Will in the Estate of'
Robert Verdi, Jr. (hereinafter `'Executor") residing at 4105 Soundview Avenue, Mattituck, New
York 1 1952, and Jeanne Marie Bellows, residing at 22 Old County Road, Chester, Connecticut
06412, as specific devisee under Will (hereinafter "Bellows").
WITNESSETH
WHEREAS, Browder is the owner of real property located at 4050 Soundview Avenue,
Hamlet of Mattituck, Town of Southold, County of Suffolk, and State of New York and
designated as Suffolk County Tax Map No. 1000-094.00-03.00-00 1.011 (hereinafter, the
"Browder Property"), more particularly described in Schedule "A," attached hereto and made a
part hereof; and
WHEREAS, Executor is the owner of real property located at 4105 Soundview Avenue,
Mattituck, 'town of Southold, County of Suffolk and State of New York and designated as
Suffolk Comity Tax Map Number 1000-094.00-03.00-001.008 (hereinafter, the "Estate
Property"), 11101-C particularly described in Schedule "B," attached hereto and made a part hereof.
and Bellows is the specific devisee of the Estate Property under the-Will; and
WHEREAS, the Executor has conveyed the Estate Property to Bellows and Bellows is
now the owner of the Bellows Property; and
WHEREAS, the Browder Property and the Estate Property are adjacent to one another
and share a common boundary line; and
WHEREAS, the Estate Property is benefitted by, and the Browder Property is burdened
by a 49.5 foot deeded right-oi'-way over the northerly 49.5 feet of the Browder Property
("ROW"), which right of way provides access to the "Estate Property" in common with others;
and
WHE,RE'AS, the deeded ROW is, by its terms, a non-exclusive easement to be utilized
l'or vehicular and pedestrian access, ingress and egress to and from the E-statc Property and
Soundview AMILIC and for installation and maintenance of utility lines and mains ("ROW
Purpose").
WHE'RE,AS, a locked gate and supporting members, electronic control box. privet
hedges, irrigation lines, and underground wires or cables connecting and servicing same, both
above and underground, (the "Estate Installations") servicing the Estate Property and belonging
to Executor are situated on the Browder Property across and within the Right of Way; and
Page
WHEREAS, the parties wish to resolve any claim, uncertainty, or doubt as to the precise
location ol'the common boundary line between the Browder Property and the Estate Property.
and confirm the acknowledgement that the Estate Installations give no rights to any prescriptive
casement or adverse possession claims, and to set Forth the rights and obligations of each party
with respect to the continued presence of.the Estate Installations and any future encroachment by
the 1;xCClrlO1-or 13cllows onto the Browder Property;
NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration by each of the parties to the other, the receipt and sufficiency of
which is hereby acknowledged, the parties, for themselves, their-heirs, successors and assigns,
covenant and agree as follows:
1 . The representations set forth in the preceding "WHEREAS" recitals are incorporated
herein and made an enforceable part of this Agreement.
2. That the common boundary line between the two properties is described as set forth
ill Schedule "C", attached hereto and made a part hereof.
3. Browder agrees that the Estate Installations are permitted to remain in their current
location unless and until Browder provides notice of removal to the EXCCutor and Bellows
pursuant to Paragraph 6 of this Agreement. Upon such notification, Bellows will remove the
Estatc Installations, or those specified in the notice, within ninety (90) days of delivery of the
notice. Removal shall be at the sole cost and expense of Bellows, who shalt repair any damage
to the property created by such removal. Prior to such notice and removal, Bellows agrees to
maintain the privet hedges in the ROW in good condition and to keep the gate unlocked and the
IMW unimpeded at all times.
4. The Executor and Bellows agree that no additional items shall be affixed to the Estate
Installations or installed in or under the Right of Way at any time in the future, and that the
1zight of Way will not be impeded or obstructed
5. The Executor and Bellows agree not to install any camera, video device or other
survcillal7CC cgLHpnlCnl within the Right of Way or in any locations which will capture images of-
any portion ol'the Browder Property other than the portion of the improved portion of the Right
of Way betwecri the terminus Of SOUndview Avenue to the Estate's driveway on the Estate
properly.
6. The continued use and maintenance of the Estate Installations on the
Browder Property including without limitation any future installations within the Right of Way
or elsewhere on the Browder Property, have not ripened and shall never ripen into a claim of
adverse possession or prescriptive easement, nor shall there be a right to use any portion of the
Browder Property by the Estate, other than the deeded ROW for the ROW Purpose,
7. Bellows agrees to remove any and all of the remaining Estate
Installations within ninety (90) days after demand by Browder at her sole expense, and to restore
any damage to the Browder Property; in default whereof, Browder shall have the right to
Page 2
remove same, restore the area, and recover the cost thereof from Bellows, including without
limitation, their reasonable attorney's fees, costs and expenses. Browder shall not be responsible
for any claim, damage or injury to person or property, including the Estate Installations,
occurriltg on the ROW, or as a consequence of the gate being locked, other than those arising
due to actions by Browder, and Bellows hereby agrees to indemnify and hold Browder and the
I'xCCUtor harmless from any such claims, damage or injury, including their reasonable attorney's
fees.
R. 'fire GXCCutOr and Bellows hereby convey, release, and quitclaim unto
l3rowdcr and thClr SLICCCSSor-s and assigns forever all of their right, title and interest, if any, in
and to any portion of the Browder Property, except for the rights the Executor and Bellows
benefit from by virtue of the deeded ROW as limited by this ROW Agreement
9. It is mutually covenanted and agreed by the parties 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, distributees, legal representatives, successors and assigns, as limited by the
provisions of paragraph 3 hereof. Notwithstanding the foregoing sentence, the obligations of the
l-xecttt0r- 11C]-CLInder will Cease following the execution and delivery of this Agreement and the
simultaneous date that the Executor's dced to the Estate Property is executed and delivered by
the Executor to Bellows together with all conveyance forms required to convey the Estate
Property and record the dced to Bellows; except that the Executor's representations hereunder
Shall survive and continue to be bmdrno on the Lxecutor, and should any owner of the Estate
Property Succeeding the ExCCutor in title and should Bellows or successors assert any claims
contrary to the agreements herein, the hxccutor agrees not to take a position contrary to those
representations.
10. This Agreement may be executed in counterparts, each of which when so executed
shall be decured to be an original and all of'which taken together shall constitute one and the
Same instrument.
11. a) Any notice or other communication (`'Notice") shall be in writing and either a)
sent by either of'the parties hereto by registered or certified mail, postage prepaid, or b) delivered
in person or by overnight courier, with receipt acknowledged, to the respecXive addresses given in
this agreement for the party, to whom the Notice is to be given, or to such other address as such
party shall hereafter designate by Notice given to the other party or parties pursuant to this
paragraph, and to the then current owner of record of the property. Each Notice mailed shall be
deemed given on the third business day following the date of mailing the same, and each Notice
delivered in person or by overnight courier shall be deemed given when delivered. A copy ofthe
Notice shall he sent to the attorney for the other party at the time of sending the Notice as above,
by email to awickham @wbgIawyers.coin for Browder, to hbeeunder@egangolden.com and
kiln a kimsmithlaw.com for the Executor and ihLrlme a kellyandhLlhne.net for Bellows.
12. This agreement is binding on the parties, their heirs, successors and assigns.
13. 1 n the event of tiny legal proceeding or litigation between the parties hereto
['age 3
arising out ol'this Agreement, each of'thc parties hereto hereby waives the right to a trial by jury,
and agrees that the matter shall be brought and heard in Suffolk County, NY. In any such action
or appeal thereof'; the prevailing party shall be entitled to his or her reasonable attorncv's fees.
14. Upon execution and recording of the Boundary Line Agreement, the parties will
cxccutc a Stipulation of Discontinuance of*the pending Suprcmc Court action tinder Index No.:
606703/2023 without Prejudice to the terms of this Agreement and the enforcement thereof.
f 7her resi of'this document has been left imentionally blank with Signature pages to followl
1-
i.
1
Page 4
IN WITNESS WHLREOIa, this Agreement has been signed as of Lhc date and year first
above written.
_L-7d
Christopher C. Brow cr
Aq, 0�'
rc J
Holly M. Browder
Jose onegall, as I:xccutor
of the Estate of Robert M. Verdi, Jr.
r
.Icahn M.Iric Bc11 ws
STATE Of, NEW YORK )
) ss..
COUNTY Of" SUFFOLK)
On the day ofAvwt in the year 2024, before me, the undersigned, personally
appeared CHRIS'l OIDTIE9 C. BROWDI:R AND 1-101_LY M. BROWDER. personally Known to
hie or proved to me on the basis of satisfactory evidence to be the individuals whose names are
subscribed to the within lnstrL1171ent and acknowledged to me that they executed the same in their
capacity, and that by their signatures on the instrument, the individuals, or the person upon
behalf I'which the Individuals XlCd, CXCCLILCd the instrument.
.Votary 1' Iblic
ABIGAIL A.WICKHAM
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.52-4642871
Qualified to Suffolk Courtly
Commission Egires seutember 3o,2o2S
Page 5
J er S e
STATEL' OF' NEW
COUNTY Oi rri
On tilt i ) day or Au in the year 2024, bel'ore I11c, the undersigned.
personally appeared JOSFAITI M. DO LGAN, personally known to tile or proved to me on the
basis ol'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
Sillnatul'C Oil the 1i1St1'1.1111CI1t, the individl al, or the []crsc*�� '��i�of which the individual
N"
acted, executed 1c iinsttr Irn lit.-4!!U
r
tjCWARD W. KATONA JR.
Notary Public Ir-� - ommission#5021M5
�- ry Public,State of New imay
My Commission Expires
o February 20, 2029
State (or District of Columbia, Territory, or Fore., "�„ � '` -ut ss:
'OOP
1 v
On the �4' _ day of'_ in the year 2024, before me, the undersigned,
personally appeared .II?nNNI; MAR11" I I"LLOWS personally known to me or proved to me on
the basis ol'satislactory evidence to be the individual whose name is subscribed to the within
InStr1.1111CIll and acknowledged to me that she CXccuted the sank in her capacity, and that by her
signaturc Oil the iIIStr11111CIlt, [lie individual. or the person upon behalf of which the individual
acted. CSeCUted the instrument, and that Such Individual made such appearance before the
undersigned Ill Ltl�fd`Zv-p� �{ � � �.Ltc. ypr�C
(insert the Cior other (and insert the State or Country or other
politijsubsion place the acknowledgment was taken)
(s office of individual taking acknowledgment
JAMES N.HULME
Notary Public,State of New York"
No.02H U48849t34
Qualified in Suffolk County`
'Perm Expires January 20, M17
Page 6
SCHEDULE "A"
Uescription of Browder Property
SCHEDULE "B"
Description of Estate Property
SCHEDULE "C"
Sketch
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Pa-L-
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ti. SCHEDULE A
Fide0ty National Title UsurAnce Company
TrrU NO.P12-74C4- 043M
5=DULE A 1<(DOCAptiou)
ALL that certain plot,pieta or parcel of slid,situate,lying and being at Matsrtuck Town of Southold.County of Suffolk
and State of Now York,known and designated as Lot 1 on a certain map-eratid4'Map of Conservation Subdivision for
Rd*SW,filed 11�1=6 in the Suffo&Coumy Clams Office as Map NO.11472,bounded and descrbed as follows.
Beginning at a point on the southeast corner of Sound View Avenue where same is ink by the division line
between Lots l and 2 on the above described map;
Thence North 26 degrees 02 minutes 10 seconds West along the easterly side of Sound View Avenue,51.04 feet to land
now or formerly of Diana Smith;
Thence North 49 degrees S2 minutes 20 seconds East along last mentioned land, 1S4.92 feet;
Thence North 57 deg oes 08 minutes 50 seconds.East 0111 along last mentioned land and land now or fbrmerly of Verdi,
20&72 feet to land now or fbimorly of Decikinger,
Thence South 26 degrees 14 minutes 50 seconds East along last.ma Wooed land,494-96 feat to the division line between
Lots 1 and 2 on the above described map;
Thence the following 4 courses and distances along the dividing fine between Lots 1 and 2:
1)South 63 degress 49 minutes 10 seconds West 324.56 fear;
2)North 25 dap m 48 minutes 00 seconds West,200.40 feet;
3)North 26 degrees 02 minutes 10 seconds West 180.64 feet;
4)South 49 degrees 52 minims 20 seeands West,36.09 feet to the point or place of BEGINNING.
THE p jCi TO 8ElSS ap under AW eoomltnnea wly imam flu ddar to moo bafldi�ga and hnWovemetds on the premissr whlah
bylaw cctitdW8 real propaWV-
F1 DR t:L71Yi'EYfIIYCIIYG OXL Y:7hgashw with all the rlght,ddc and lmerart of the parry ojtfre first past Rlhe aad to the land ly(neg
in the we&Jnf wo of and&#,oftInrgsald prey hzL
SCHEDULE B
S-12255W !
Amended$14l11
F
ALL that cattalo plat,piece or parorl of read,with the buildings and lmprove eat s #
thereott acted,lying and being at bfattitud;TOVM of Southold,Cowtty of Buffoik and
State of Naw York,bounded and descrlbod as fbllawe:
BBOI M.M at&point on the northerly side of a SO R wide tight of way at the comer _
formed by the intersection of the southwasterty comer of the land described horein with `
the southeasterly comer of the land now or formerly ofDh=Smith,the said point of
begltming also being north 49 degrees 52'W east 154.92 Oat from the nordwastedy
Wminus of$ound View Avenue; `
RUNNING'THENCE from the point of beginning north 26 dogmas 45'09"west 254.32
RUNNING THENCE north 25 degrees 391171 west 289,42 feat to a tie line along the `
mean biA water mark of the Long Island Sound;
RUNNINO'THENCE along the said tit line north,57 dogmas 42' 14"east 193.38 feet;
RUM4ING THMCE south 26 dorm 10'S0"east 541.85 feet to the nmtberly side Of
1
50 R widc right of way, i
RUNNING'THBNCB along the Qartharly side of the said 50 8 wide right of way south j
$7 dcgmc3 08'50"west 199.72 feet to the point or plane of BEOINNINO.
S
• i
S
3
3
i
SCHEDULE C
SURVEY OF LOT 2
"CONSERVATION SUBDIVISION FOR RANDY 5HUR"
FILED -IN THE OFFICE OF THE OLMK OF SUFFOLK COUNTY
ON NOV. 25, 2006 AS FILE NO. 11472
SITUATES HATTITUOK
TOM 50UTHOLD
SUFFOLK COUNTY, NY oe
SURVEI'!=D D6G. 18, 2012
.�
SUW.OLK GOUNl Y TAX
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