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Home My WebLink AboutL 11418 P 238 11418PE238 o 73 BOUNDARY LINE AGREEMENT j AGREEMENT, made this � day of October, 1991 , by and between MARYBELLE CARDE, (SS1070-36-4517) residing at 510 ""Bayberry Road, Cutchogue, NY 11935 , MARGARET CARDE HIATT, i ttoA ,'(SS#070-36-2613) residing at 2758 La Silla Dorada, Santa Fe, NM �Q,A 7505, FREELAND H. CARDS, III, (SS#066-40-0312) residing at 732 tRO•� 11th St. SE, Washington DC 20003 , CAROL CARDE FETHRE, �ds�R°'• (SS#249-72-5094) residing at 441 Lexington Avenue, Iowa City, " Iowa 52246, RICHARD SCOTT CARDE, (SS#052-40-2851) residing at .y�\. 425 South Saltair Avenue, Brentwood CA 90049, (hereinafter "THE Dis. CARDE FAMILY" , and 1000 JOANNE B. McSHERRY (SS#109-30-2289) , residing at No # Sec. Bayberry Road, P. 0. Box 600, Cutchogue, NY 11935 (hereinafter 111 . 00 "McSHERRY". Blk. W I T N E S S E T H 14 . 00 WHEREAS, the CARDE FAMILY owns certain real property located Lot at the West side of Bayberry Road (#510) , Nassau Point, 036. 001 Cutchogue, Town of Southold, County of Suffolk and State of New 03'.043 York, commonly referred to by SCTM NO. 1000 - 111 . 00 - 14 . 00 - 036. 004, (See SCHEDULE "A" annexed hereto) , and Dis. 1000 WHEREAS, McSHERRY owns certain real property immediately to Sec. the South of the CARDE FAMILY property, Nassau Point, Cutchogue, 118. 00 Town of Southold, County of Suffolk and State of New York, Blk. commonly referred to by SCTM NO. 1000 - 118 . 00 - 01 . 00 - 01. 00 012 . 000 and 013.000, (See SCHEDULE "B" annexed hereto) , and Lots 013. 001 WHEREAS, McSHERRY or others on her behalf have constructed a wood bulkhead, wood walkway, and wood curbing encroaching upon a portion of the CARDE FAMILY property along the common boundary of the two (2) properties at the shoreline of Wunneweta Pond, as shown on the survey of the CARDE FAMILY property prepared by Joseph A. Ingegno, Land Surveyor, dated July 22 , 1991, and $ R V D REAL ESTATE FEB 18 1992 IRAN ER JAX '' SU OLK k— COHNly a 1 21 ; sed R�'C Q Q G� FEB 18 1992 &M Or&#I=�OMW 1 11918P�239 WHEREAS, the parties wish to provide for the continued use of said wood bulkhead, wood walkway, and wood curbing located upon the CARDS MILT property by MoSEERM, her heirs, successors and assigns, for the mutual benefit of the parties, and WHEREAS, the parties wish to reaffln the Boundary Line between the respective properties as shown on said survey. WOW, THEREFORE, in consideration of mutual covenants herein contained, IT IS HEREBY ACREEDe (1) MSEMEMTt The CARDS fAHILT grants to heirs, successors and assigns, a non-exclusive ee�� her Ingress and egress and to pass over, on cement for portion of the foot only, upon that CAME FAMILT property on which the wood bulkhead, wood walkway, and wood curbing is currently located, as shown on said survey. (2) WOOBSTRMTIONI The CARDS FAMILY shall not obstruct, impede, or interfere, with the reasonable use by McSEERM of such Portion of the CRUDE FAMILY property. (7) M11Ei McSEERM shall be solei the maintenance and upkeep of the said y responsible for khead wood walkway and wood curbing and shall maintain thethe same,in good condition. The said bulkhead, walkway and curbing to the extent located upon the. CARDE FAMILT property shall not be moved or extended without consent of the CARDS FAMILY. (1) TERMS This Agreement shall remain in effect until such time as the bulkhead, walkway and curbing is removed from the CARDS FAMILT property by McSRERM or her agents or successors, or e sooner, until such time as the bulkhead is substantially destroyed by natural causes. 11418VAO ISI ISN IFICATIOMMi McBBBRRY shall indemnify and hold harmless the CARDS FAMILY from all liability, damage, injury or claim, resulting from their use of the said bulkhead, walkway and curbing. (8) CONSIDRRATIONZ The CARDS FAMILY shall not seek consideration for the past or future use of the said bulkhead, walkway, and curbing other than as provided for herein. (7) AGRZWM"- MCSNSRRT hereby accepts the boundary between the parcels as shown on the survey of Joseph A. Ingegno, LS Dated July 22, 1991 and waives and releases all claim _ whatsoever to property of the CARDR FAMILY by reason of her past, present and/or future use of the bulkhead, walkway and curbing located on the CARDS FAMILY property. (8) BINDING SFr1CT2 This Agreement shall run with the land and shall be binding upon the parties hereto, their respective successors, heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day and year first above written. MARTRSLLB CARDS MARGARET CARDS MATT by MMARTBSLLR CARDS, Attorney-ia-Fact FRSBM.AIMD B• CARDS. III by MAR MJA CANOB. Attormay-im-Fact EWEW t� 11418VAI CAROL CAME FRTUX by MARYHRLLE CAME, Attorney-la-Fact • dl.. •I. � .r ,6,� RICHARD SCOTT CARDS by MRRTRELLE CAM.. Attorney-La-►act NessoRHY = STATE OF NEW YORK) COUNTY OF SUFFOLK) as On this 15th day of October, 1991 before me personally came MARYSELLE CARDS tome known and known to me to be the individual described in an"ho executed the foregoing instrument, and she acknowledged t me t at she executed the same. _ �r //qq�, 11�(A / /.1 11111AYf.MTff Notary Pum+�� pardYoy'yi Dllc- STATE OF NEN YORK) 4sdnssi�Mm I ast COUNTY OF SUFFOLK) On this 15th day of October, 1991, before me personallycame MARYEELLE CAROB, to me known to be the individual described in and who executed the foregoing instrument and to me known to be describednandi whoct 01 by herMAtttortney-in-racNtAexecutedi thevsameland acknowledged that she by Virtue of a Power of Attorney dated June 4, 1991 and intended to be recorded in the Office of the Clerk of the County of Suffolk simultaneously herewith and who also swore before that the said MARGARET CAME HIATT was still alive and has n revoked the said Power of Attorney and is not under end• dLn ty. XPi md*jff R Notery Pu c HOIMH�iG�RD mm� 01000100"0001. i.1' 1141&x,2= STATE OF NEM YORK) � so'of SUFFOLK) On this 15th day of October, 1991, before me personally cave NANYRELLE CANDE, to me known to be the individual described in and who executed the foregoing instrument and to me known to be the Attorney-in-Pact of FREsLAND ■. CARDs, III, the individual described and who by his Attorney-in-Fact executed the sane and acknowledged that she by Virtue of a Power of Attorney dated June 11, 1991 and intended to be recorded in the Office of the Clerk of the County of Suffolk simultaneously herewith and who also swore before me that the said rREEI.AM M. CARDS, III was still alive and has revoked the said Power of Attorney and is not under any di it . G .�'� 9R11M1 godIMs'RL Notary Public ow wion" 0010100% STATE OF NEW YORE) I w: couNTY OP SUFFOLK) On this 15th day of October, 1991, before me personally came NARYEEIJA CAME, to me known to be the individual described in and who executed the foregoing instrument and to we known to be the Attorney-in-Fact of CARDL CARDS FETSEE, the individual described and who by her Attorney-in-Fact executed the same and acknowledged that she by Virtue of a Power of Attorney dated June 21, 1991 and intended to be recorded in the Office of the Clerk of the County of Suffolk simultaneously herewith and who also swore before me that the said CAROL CARDS FETEa was still alive and has not revoked the said Power of Attorney and is not under any disabil y. Notary u ` 00�� ar C ii4i8r�A3 . STATE or NEN YORK) COUNTY OF SUFFOLK, ass On this 15th day Of October, 1991, before me personally came nand Ywwlho eexeeMuted thewfor going instruumentdanddtolsodknown tolbe the Attorney-in-Pact of RiCRARO SCOTT CARNE,acknthe individual described and who by his Attorney-in-Fact executed the same au.d Juneo71e/991 andged intendshe edYtotbe recorded in ther Of Officeof the Clerk of the County of Suffolk simultaneously herewith and who Also swore before me that the said RICWM SCOTT CAROB was still alive and has not revoked the said Power of Attorney and is not under any dice! t�i . D d YNTA Notary Pu NOfMf "s,4010p� � STATE Or NEN YORK) COUNTY OF SUFFOLK) sas On this 6 JOANNE 8- McSH tRRYdto me known andaof tober. lknown tor rwe o991 befoe mePbbesthelly came individual described in and who executed the foregoing Instrument, and she acknowledged to me that she executed the same iota ry Pu c R�11M1WM E9 IEIfMf11N%MWM NnYaI MaiNOs Wt e, ems= ,TITLE NO. 9108-01736 LEGAL DESCRIPTION PAGE: 1 1141SH244 SCHEDULE "A" ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK KNOWN AND DESIGNATED AS LOTS 215, 216, 217 AND PART OF LOTS 214 AND 218 ON A CERTAIN MAP ENTITLED "AMENDED MAP OF NASSAU POINT" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON AUGUST 16, 1922 AS MAP NUMBER 156, SAID LOTS AND PART OF LOTS WHEN TAKEN TOGETHER BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY SIDE OF BAYBERRY ROAD WHERE THE SAME IS INTERSECTED BY THE SOUTHERLY SIDE OF LAND NOW OR FORMERLY OF RUST; SAID POINT BEING DISTANT 325 FEET MORE OR LESS SOUTHWESTERLY AS MEASURED ALONG THE NORTHWESTERLY SIDE OF BAYBERRY ROAD FROM THE SOUTHWESTERLY END OF A CURVE CONNECTING THE SOUTHERLY SILE OF WUNNEWETA ROAD WITH THE NORTHWESTERLY SIDE OF BAYBERRY ROAD; RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG THE NORTHWESTERLY AND WESTERLY SIDE OF BAYBERRY ROAD THE FOLLOWING TWO COURSES AND DISTANCES: 1) ALONG A TIE LINE BEARING SOUTH 22 DEGREES, 02 MINUTES, 21 SECONDS WEST 61 . 08 FEET;, 2) SOUTH 05 DEGREES, 19 MINUTES, 32 SECONDS WEST 184.11. FEET (ACTUAL) , SOUTH 04 DEGREES, 56 MINUTES, 50 SECONDS WEST 186. 96 FEET (DEED) TO LAND NOW OR FORMERLY OF MC SHERRY; RUNNING THENCE ALONG SAID LAND, NORTH 86 DEGREES, 29 MINUTES, 44 SECONDS WEST 301. 92 FEET (ACTUAL) , NORTH 86 DEGREES, 56 MINUTES, 10 SECONDS WEST 300 . 00 FEET (DEED) TO THE MEAN HIGH WATER LINE OF WUNNEWETA POND; It RUNNING THENCE ALONG THE MEAN HIGH WATER LINE OF WUNNEWEAT POND THE FOLLOWING 17 TIE LINE COURSES AND DISTANCES: 1) NORTH 58 DEGREES, 21 MINUTES, 13 SECONDS WEST 122 .95 FEET; 2) SOUTH 77 DEGREES, 53 MINUTES, 15 SECONDS WEST 143 . 39 FEET; 3) SOUTH 43 DEGREES, 11 MINUTES, 14 SECONDS WEST 54 .87 FEET; 4) SOUTH 68 DEGREES, 24 MINUTES, 18 SECONDS WEST 149 . 05 FEET; 5) NORTH 26 DEGREES, 30 MINUTES, 53 SECONDS WEST 69 . 57 FEET; 6) NORTH 53 DEGREES, 42 MINUTES, 33 SECONDS EAST 76 . 22 FEET; 7 ) NORTH 34 DEGREES, 18 MINUTES, 53 SECONDS EAST 143 . 67 FEET; 8) SOUTH 73 DEGREES, 33 MINUTES, 06 SECONDS EAST 184 . 65 FEET; •��k+ur +;, + , n r k y {)*M P.POMAN f E CORDES FEB 18 M2 amcr orouomm ,TITLE NO. 9108-01736 LS GAL. DESC,RIPTION PAGE: 2 1141SP9245 9) NORTH 53 DEGREES, 24 MINUTES, 06 SECONDS EAST 168 .77 FEET; 10) SOUTH 04 DEGREES, 17 MINUTES, 09 SECONDS EAST 99 . 94 FEET; 11) SOUTH 43 DEGREES, 34 MINUTES, 06 SECONDS EAST 31 . 50 FEET; 12) NORTH 79 DEGREES, 43 MINUTES, 05 SECONDS EAST 63 . 01 FEET; 13) NORTH 51 DEGREES, 44 MINUTES, 47 SECONDS EAST 83 . 97 FEET; 14) NORTH 56 DEGREES, 27 MINUTES, 17 SECONDS WEST 3 . 53 FEET; 15) NORTH 30 DEGREES, 19 MINUTES, 26 SECONDS EAST 5 . 43 FEET; 16) NORTH 30 DEGREES, 09 MINUTES, 17 SECONDS WEST 13 .69 FEET; 17 ) NORTH 25 DEGREES, 36 MINUTES, 55 SECONDS EAST 50 .96 FEET TO LAND NOW OR FORMERLY OF RUST AND; RUNNING THENCE ALONG SAID LAND THE FOLLOWING 3 COURSES AND DISTANCES: 1) SOUTH 63 DEGREES, 34 MINUTES, 10 SECONDS EAST 30 . 44 FEET; 2) SOUTH 89 DEGREES, 38 MINUTES, 20 SECONDS EAST 60 . 00 FEET; 3) NORTH 78, TOWNSHIP 21 NORTH, RANGE 20 EAST 80 . 76 FEET TO THE NORTHWESTERLY SIDE OF BAYBERRY ROAD, THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 111 . 00 BLOCK 14 .00 LOT 036 .001 AND LOT 036 . 003 . rr ( I"N D ) ME r JVWAAD P.NOW ■ O �' � FEB 18 1992 ams cow Y( 11418PC246 SCHEDULE "B" 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, at Nassau Point, County of Suffolk and State of new York, consisting of parts of Lots Numbered 212 , 213 , and 214 as shown on a Map entitled, "Amended Map A of Nassau Point owned by Nassau Point Club Properties, Inc. " , dated June 28, 1922 and filed in Suffolk County Clerk' s office August 16 , 1922 as map No. 156, described as follows: BEGINNING at a concrete monument set on the Westerly line of Bayberry Road as shown on said Map at a point 30 feet Southerly along said line from its intersection with the Southerly line of said Lot Number 214; RUNNING THENCE due West, partly through Lot Number 213 and partly through Lot Number 212 and passing through two concrete monuments at intervals along said line 332 feet to ordinary high water mark of Wunneweta Pond; THENCE Northeasterly along a tie line bearing North 9° 40 ' East 148 .74 feet; THENCE South 860 56 ' lo" East 300 feet to the Westerly line of Bayberry Road; THENCE along the Westerly line of Bayberry Road 130 . 80 feet to the point or place of BEGINNING. ! r bdY`'iY t",r��{{ �� .y,_ .�.., k. R C O p'�� FEB Ill 1992 Q 11NOLCd ., ye„wf Oxi �it .F1{th