The URL can be used to link to this page

Home My WebLink AboutL 13273 P 99 I Illflli illf IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I I 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: 11/21/2024 Number of Pages: 11 At: 01: 46:26 PM Receipt Number : 24-0143741 TRANSFER TAX NUMBER: 24-12827 LIBER: D00013273 PAGE : 099 District: Section: Block: Lot: 1000 145 . 00 04 . 00 013. 000 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 $0 .00 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 $505. 00 TRANSFER TAX' NUMBER: 24-12827 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULEO County Clerk, Suffolk County ' � ❑1 2❑ RECORDED 2024 Nov 21 01:46:26 PM Number of pages UINCENT PULEO CLERK OF SUFFOLK COUNTY This document will be public L D00013273 record. Please remove all P 099 Social Security Numbers DT# 24-12827 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 X2 Sub Total Notation Spec./Assit. or EA-5217(County) Sub Total gJ Spec./Add. EA-5217(State) TOT.MTG.TAX P.T.S.A. r 1 Dual Town Dual County Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total 1W YES or NO - Other Grand Total If NO,see appropriate tax clause on page# of this instrument. 10 -z5la 4 Dist. 1000 1 145.00 ,,, ,. 04.00 , 013.000 5 Community Preservation Fund 10( 5421056 Real Property P T S sideration Amount$ 0.00 Tax Service R QTY A I'II�I+J�+ �III� li�l� Agency ofiMYS III CPF Due $ 0.00 Verification Improved 6 RECORD&RETURN TO: Vacant Land Frank A. Isler, Esq. TD Smith, Finkelstein, Lundberg,et al. 456 Griffing Avenue TD Riverhead, New York 11901 TD Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Dime Abstract LLC www.suffolkcountyny.gov/clerk Title# BRG#24-2337 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Boundary Line Agreement made by: (SPECIFYTYPEOF INSTRUMENT) Jane Seeth Irrevocable Trust B&Douglas S. Seeth The premises herein is situated in Revocable Living Trust SUFFOLK COUNTY, NEW YORK, TO In the TOWN of Southold Joseph J.Grillo,Sr.Living Trust In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over p T -S Stat 1D: 5421456 R DTY A06-NOV-24 Tax Maps District Secton Block Lot School District 1000 14500 0400 013000 MATTITUCK-CUTCHOGUE 1000 14500 0400 012001 MATTITUCK-CUTCHOGUE AGREEMENT AGREEMENT, made this day of D Ovbef, 2024, between Paul D. Seeth and Randall A. Seeth, Trustees of the Jane Seeth Irrevocable Trust B dated January 1, 2012 and Paul D. Seeth and Randall A. Seeth,Trustees of the Douglas S. Seeth Revocable Living Trust dated May 14, 2012(collectively hereinafter referred to as the "Property Owner"), with an address c/o 1937 S.E. 33rd Terrace, Cape Coral,Florida 33904; and Joseph J. Grillo, Sr. a/k/a Joseph Grillo, Jr. and Susan Grillo, as Trustees of the Joseph J. Grillo, Sr. Living Trust, (hereinafter referred to as the "Neighbor"), with an address at 3 Versailles Court, Brookville, New York; W ITNESSETH: WHEREAS, the Property Owner is the owner of certain premises known as 175 Mesrobian Drive, Laurel,New York(SCTM# 1000-145.00-04.00-013.000)as described in Schedule A attached hereto(the "Subject Property")and as shown on the survey dated September 4, 1992, attached hereto as Exhibit 1 (the "Survey of the Subject Property");and WHEREAS, the Neighbor is the owner of premises of property known as 365 Mesrobian Drive, Laurel,New York(SCTM# # 1000-145.00-04.00-012.00 1)as described in Schedule B attached hereto(the "Neighbor's Property"); and WHEREAS, the Neighbor has installed Belgium block curbing and asphalt paving on the Subject Property that has created a 45 square foot encroachment area(the "45 Square Foot Encroachment")and has constructed a brick pillar with light pole on the Subject Property that is part of the entrance gate to the Neighbor's Property(the "Encroaching Pillar")as shown on the Survey of Kenneth M. Woychuk Land Surveying, PLLC, last revised May 23,2024, attached hereto as Exhibit 2 (the "Survey of the Grillo Property");and has also installed an irrigation 1 control box and irrigation pipes on and in the Subject Property and has also planted trees, shrubs and other plantings on the Subject Property(the "Plantings") (all of which are collectively referred to as the "Encroachments"); NOW THEREFORE,in consideration of mutual covenants and agreements,the parties hereby mutually agree and declare as follows: 1. The Neighbor hereby affirmatively confirms and acknowledges that the northerly boundary of the Neighbor's Property is the record line of title as shown on the Survey of the Subject Property (Exhibit 1); 2. The Neighbor affirmatively confirms and acknowledges that the placement of the Encroachments on the Subject Property has not and shall never ripen into nor become any right to use or ownership of any portion of the Subject Property except to the limited extent expressly provided herein; 3. The Property Owner agrees that the Encroaching Pillar, the 45 Square Foot Encroachment, and the irrigation pipes and irrigation control box located on the Subject Property may remain where currently located so long as the Neighbor maintains them in good condition The Neighbor hereby agrees to indemnify,defend and hold harmless the Property Owner from any and all claims, losses,costs and damages, including but not limited to judgments, attorney's fees,court costs and the cost of appellate proceedings arising in whole or in part from the Encroaching Pillar, 45 Square Foot Encroachment and the irrigation pipes and irrigation control box being located on the Subject Property. 4. In the event the Neighbor fails to maintain the Encroaching Pillar, the 45 Square Foot Encroachment,or the irrigation pipes and irrigation control box in good condition as required under paragraph 3 above, and fails to cure the default within thirty(30)days from 2 receipt of the Property Owner's notice to cure the default, then the Property Owner shall have the right to remove the Encroaching Pillar,the 45 Square Foot Encroachment,or irrigation pipes and irrigation control box and the Neighbor shall have no further rights with respect to them. The Neighbor shall reimburse the Property Owner for the costs of removal within thirty (30)days of the Neighbor's receipt of written demand for payment from the Property Owner. 5. The Neighbor further agrees that the Belgium blocks that have been placed at grade by the Neighbor in the driveway on or close to the actual northerly title property line shall remain in place so long as this Agreement remains in effect. 6. The Neighbor acknowledges that the Property Owner has sole legal title to the Plantings and hereby waives and releases any and all claims he may have to the Planting. 7. The Neighbor expressly agrees that it is prohibited from installing, planting,or erecting anything whatsoever on the Subject Property. 8. The Neighbor agrees to pay the Property Owner's attorney fees incurred in preparing this Agreement as well as the costs to have this Agreement recorded in the Office of the Clerk of Suffolk County. Payment shall be made simultaneously with the execution of this Agreement. 9. Any notice or other communication("Notice") shall be in writing and sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf, by email and by delivery in person or by overnight courier, with receipt acknowledged. Notice shall be deemed given when emailed. Notice to the Property„owner; Paul Seeth Email: mattitucklI@gmail.com 3 Frank A. Isler, Esq. Email: fisler@sfliy.com Address: Smith, Finkelstein, Lundberg, Isler& Yakaboski, LLP 456 Griffing Avenue Riverhead,New York 11901 Notice To the Neighbor: Joseph Grillo Email:joegrillo3@aol.com Martin D. Finnegan, Esq. Email: m fi nnegan@northfork.law Address: , Finnegan Law P.C. 13250 Main Road P.O. Box 1452 Mattituck New York 11952 10. In the event of a breach of the terms and conditions of this Agreement resulting in either party,and/or subsequent owners, seeking judicial intervention, it is agreed that the prevailing party in any such action, in addition to any other recovery, shall be entitled to recovery that parry's reasonable attorney's fees. 11, This Agreement shall be governed by and construed in accordance with the laws of the State of New York. 12. The invalidity of any clause of this Agreement shall not invalidate or render the remaining Agreement void. 13. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed an original, but all such counterparts shall 4 constitute one and the same instrument and shall be recorded in the office of the Clerk of Suffolk. 14. 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, their heirs and distributees, beneficiaries, legal representatives, successors,assigns and all subsequent owners of either Premises, including, without limitation, the indemnification provisions of Paragraph 3. In Witness Whereof, this Agreement has been signed as of the date and year first written above. Property Owner: Neighbor: By: By: Paul D. Seeth,Trustee sep rillo,Jr.,Trustee By: RA4ABy: Randall A. Seeth,Trustee 94san Grillo,Trustee STATE OF k��/Ur } ss.: COUNTY OF"r cam On the �h day of 4570 . in the year 2024 before me,the undersigned, personally appeared Paul D. Seeth,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose namc(s)is(are)subscribed to the within instrument and acknowledged to me that helshelthey 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 DEBRA I=REDERICK Way Public,State of New York No.01 FR6047399-Suffolk County Commission Expires August 28,20—&r 5 S IATE OF FLORIDA,COUNTY OF BROWARO Srvom to(or affirmed)and subscribed before me tnlsj24y of , Sign iNf Print w 10` C-i 9 J STATE OF ;ram�r;d�} (f?fActeJ Notary Signature} COUNTY OF On the day of nC�rn the year 2024 before me,the undersigned, personally appeared Randal I A. Seeth,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(its),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. C"' Notary Public STATE OF } 4 ALICIA COFDO�ANO }ss.: MYCONOUSSI0NM5767A6 COUNTY OF�} a >XXPIRES:Juts 29,2028 On the O—L::) day of _in the year 2024 before me,the undersigned, personally appeared Joseph Grillo, Jr.,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/shetthey 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. ASHELEY DENIS NOTARY PUBLIC,State of Nevi York No.01 DE6361378 <;;�� Qualified in Nassau County 0 u lic Commission Expires July 10.00r(M- STATE OF � } COUNTY OF l �r'�} On the— day of� in the year 2024 before me,the undersigned, personally appeared Susan Grillo,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/herhheir capacity(ies),and that by his/her/their signatures)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. ASHELEY DENIS NOTARY PUBLIC,State of New York No.01 DE8361378 Notary ublic Qualified In Nassau'County �,r�.r Commission Expires July'10, W 6 SCHEDULE A ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected,situate, lying and being;in the Hamlet of Laurel, Town of Southold,County of Suffolk,State of New York, bounded and descnbefd as follows' , Beginning at a point marked by an iron pipe on the easterly side of a Private Road or Right-of-Way distant 297.15 feet southerly from the intersection of the southerly side of Peconic Bay Boulevard,and the easterly side of said private road, as measured along the easterly side of said Private Road; Running Thence North 83 degrees 00 minutes lit 157.81 feet to a monument; Thence north 75 degrees 45 minutes 40 seconds East 9.8 feet to the ordinary high water line of Brush's Creek;as it winds and turns in a southerly direction to a point in such high water tine to which a tie line drawn on a course South 38 degrees 24 minutes 10 seconds East,and measuring 153.46'feet drawn from the proceeding point on the high water line of Brush's Creek wouldintersect'said high waterline ofi8iush's Creek; thence South 75 degrees 45-minutes 40 seconds West 99.0 feet to a monument; thence North 67 degrees I I minutes 50 seconds West 73.66 feet to a monument;thence North 20 degrees 07 minutes West 94.93 feet to a monument;thence South 75 degrees 45 minutes 40 seconds West 58.00 feet to a monument on the easterly side of the Private Road heretofore mentioned; Running Thence along the easterly side of said Private Road North 20 degrees 07 minutes West 20 feet to the iron pipe at the point or placeiof Beginning. Being and intended to Be the same premises conveyed to the party of the first part by deed dated October 2 I, 1994 and recorded in the Office of the Suf rook County Clerk in Liber 11706, Page 54I. Subject and Together with the rights of others in and to a Right-of-Way agreement dated the 27°i day of March, 1965, and recorded in the Office of the Clerk of Suffolk County in Liber 5758,Page 335,on the 9w day of June, 1965. • SCHEDULE B Legal Description SCTM#: 1000-145.00.04.00-012.001 A,LL that certain piece or parcel of real property,with the improvements therein contained, situated and being at Laurel,in the Town of Southold,County of Suffolk and State of Now York, bounded and described es follows and also known as Suffolk County Tax Map designation District 1000,Section 145.00,Block 04.00,Lot 012.001. PARCEL I: BEGINNING at a monument set on the southerly line of a 12 foot right-of-way hereinafter described,said monument being the northeasterly comer of land of Malcolm and Edna Adeatson and the northwesterly corner of the premises herein described; RUNNING THENCE along said line of said 12 foot right-of-way,South 67 degrees i I minutes 50 seconds East,66.40 feet; THENCE across the southerly end of said right-of-way and along land of Douglas Seeth,'North 75 degrees 45 minutes 40 seconds East, 120 feet more or less to ordinary high water mark of Brush's Creek; THENCE along the high water tine of Brush's Creek,tho following two(2)courses and distances: 1) South 49 degrees 02 minutes 50 seconds East,34.47 feet; 2) South.38 deg=38 minutes 50 seconds East, 166.91 feet to Peconic Bay; THENCE along Peconic Bay,on a tie-line of South 52 degrees 07 minutes 30 seconds West,a distance along said curve of 213.92 feet to land of Adamson above-mentioned; Tl:TENC E North 26 degrees 21 minutes 00 seconds West along said last mentioned land,313.00 feet to the point or place of BEGTNNIN(). fARCEL U: BEGINNING at a monument on the southerly line of Peconic Bay Boulevard at the northwesterly corner of Lot 1 as shown an-Map of Property of Elirsbcth Mesrobien and Forest Hills Improvement Co.Inc."filed in the Suffolk County Clerk's Office as Map No.1381,from said point of beginning: RUNNING THENCE the following ten(10)courses: 1)South 20 degrees 07 minutes East,405,62 feet;thence 2)North 75 degrees 45 minutes 40 seconds East,50.15 feet;thence 3)South 67 degrees 11 minutes 50 seconds Fat,96.32 feet;them 4)North 75 degrees 45 minutes 40 seconds West, 19.92 feet;thence 5)North 67 degrees I 1 minutes 50 seconds West,66AO feet;then= 6)South 75 degrees 45 minutes 40 seconds West,58.97 feet;thence 7)South 20 degrees 07 minutes Emi,307 feet more or less to ordinary high water mark of Peconic Bay;thence 8)westerly along said high water mark on a tie line of South 69 degrees 53 minutes West,6 feet; thence 9)North 20 degrees 07 minutes West,along Map of Laurel Park No.212,723.0 feet to said southerly line of Peconic Bay Boulevard:thence 10)along said southerly line,North 69 degrees 13 minutes East,20.00 feet to the point or place of .BEGINNING. RESERVING to party of the first pan,Beatrice Wasson,and her children,John Wasson, Joyce Wasson and Wendy Wasson,a1ifa estate in and to the use of Parcel 11 for access to and use of the beach in common with others and subject to the rights of others to use said premises.Said access to be only along the 6•foot and 20 foot path lying to the West of Suffolk County Tax Map designation District 1000,Section 145.00,Block 04.00,Lot 012.001. hl p Qo lv W 2�rr• p m fioo�n�� M ,Op,L qo� o� r^no .n 0 oa o \ xm�. Wm cnOdr'Z rl- ^+n Lo- 00, • - b pad 2-5 N cL N ' o c a �•v y a ma. a d19O , n LA Tyco - ui Skn 2 ^W O - ti t- a 6�"7 �,o ,b 9 •�Z w n 91I'S 0 CQ:— fF O ;i a3 .0 3 -n.-r � < r,, I y:•''�,aC o �/ Op' •:mod Exhibit 1 1 S.C.7.lY]. lli3��«>! I000 Jectl�n N-5 B�ocK Ld c $AY Bo�L��Agv ' 'Ao LANDNIFDF I LANONFO` .1pNH497K.AN 11, XkH HAFRK AN 1, LAND NF OF 1 DOUGLAS S SEEM 11 uivaDKxr ANn REVOCAME LIVING TRUST � sARYIi �� RaorD.rxr R9A `mr' mcI � 1ae•p1 - Nlsaf�F. } •2��i��ly I•..' sa NTS�•s'•D•E w✓ nrs � � �� s sd1�d' �.• � / 7C 9 ¢V� a p �.•.. S LAND NFN v� FOREST HUNT tAND NF OF A i4,M•' jlj 1l / �.'.'. MARY SANCHEZA dam .;._.:... i p�CO MM.PARCEL 1 d PARCEL 2 ARE AS OESCRISED IN THE LAST RECORDED DEED FOR THIS PARCEL(UBER 9694 PAGE 88) WE WA IER SVPPL Y.WEUS ORYAELLS AM CESS-M LO —5 SNONN ARE'ROM Fl D95ERYA BONS A.OR VA.DBFAMTD IRD{I D M-t iEYA MAP No.3BIOJCOM3 N AREA:51,113,98 SOFT.Dr 1.17ACRES E1CVAnW a.rw. lYV d9 ALnA—M Ap—N RAS SIAKY 6 A NnlAnpt lM'1rCnd'I i140(i]NE AEIY—SIT——LAW LtilFt LW]MS SWSEr ENO!9MFEARWO ME LINO SIMN:sDR5[wlro•4YD SEAL SNML MOr Bf[A'SDERfp N nE A vAL9 IMA'twY CS MPG RD MM'dV 9AV1 RIM t/SRnNNFAYO: NO�N R1KW iM YMttr r5 MEPAMP ANO(M w5 RENAIE M[ 11L<[wANY,G0IERNYfNM(A¢M'Y IxO IEMA'ND MnNRW of A59P.FES tr n(lE*aME wSRNnMt AVMANRFS IRE rqI MAN4EAAPIE NE ors5[rS M[RYE1v9iDR5 SNOMI.ERld nMv PY msCRrY IA<S rD rK PrM,C /iA A 94(llt PNYn9:AM lg nRRLFO'2 nFY ARC EWE R£'w"ee FtOpD EIEVAnIX6 DETFMANED NDr MR".M.2 N YDWArEN1 INC PRA�ERIY lMT3 LR tD DAR R(FPECR(M V RIVfYi AOpigiµ SM.C'nlKs Oa/M DMx AwvOx.�Y[Nri 4YYdIJ 3YE�£:0.�,STAL ttOOO Winf vE10Cfry wVARO M'AVE nCIrRW: A/rO/Ol 9.BANKA[E SrMK'IWES RfCLAD[P Pf VFECWPLD 4PF NOI dIAPANRN IMtE15 Mv51(N(v EHRN1 fW n,F R1ru5ES Al iM 1M tr AMKv easE aooD iiEvnnoNS DETERMmED rk:P/O LOTS 8,78 ELIZABETH MEMOS"EAN AND FOREST HILLS CERTIFIED TO:UOSEPH GRILLO SR.; 2(YE x:Rsa'As CETFPNRED TDFR:au5DE nE R.n Awuuu GHv+LE iIOGCPIAM_ a. IMPIpyEMENf CO.INC. '> JAN.16,1943 Mo.1381 _A_ Ar:LAUREL SUFOL SCOUNTY D KENNETH N 1/OYCRUK I/n SIntNu G,PLLC SUFFOIX COUNTY,NEW YORK P"TA"ll—Land Sursging And DmIBn P.O.Rez IW Aqua.PBua,Ne Tort 11131 RU 1224-18- WALE,1^%30' DATE:MAY 23,2024 Tom" Pwln(mrpm-Iem ru i�Il+or-Ima N.Y.S.USG ND.OSOBB2 ti1W'.i....1uFPY3?r�:. .R 9s.•:. w.t } 1^ '^F'. �... .... ._ .--....._ .vv.-...—...-.-.�...-_.._. -..—.- Exhibit 2