HomeMy WebLinkAboutL 12082 P 958
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BOUNDARY LINE. AGREEMENT
THIS AGREEMENT made the 23rd day of June, 2000, by and between ELMER O.
RULAND, JR., residing at (no #1 New Suffolk Avenue, Mattituck, New York 11952.
hereinafter referred to as ~Ruland~, and HAROLD AVENT, residing at (no #) Main
Road, Laurel, New York 11948 and LAURA M. AVENT, residing at 925 First Street.
Ne~ Suffolk, New York 11956, hereinafter both referred to as ~Avent~.
WHEREAS, Ruland is the owner of premises as conveyed to him by deed from
Elmer D. Ruland dated May I, 1961 and recorded in the Office of the Clerk of the
County of Suffolk on May 2, 1961 in Liber 4980 Page 548, which property is more
particularl} described as Parcel No.5 in said deed:
Bounded northerly by Suffolk Avenue; easterly and northerly by land
of Helen Tuthill; again easterly by Great Cove; southerly by
woodland of Walter Grabie, on a straight line as indicated by the
remains of an old fence; and southwesterly and westerly by a,gutter
and land now or formerly of Cedric H. Wickham, being intersected by
a highway laid out and known as Marratooka Avenue, supposed to
contain about eighteen (18l acres, be the same more or less (SCTM
#1000-11S.00-010.00-00I.000l, also more particularly bounded and
described as follows:
ALL that certain plot, piece or parcel of land with the buildings
and improvements thereon erected, situate, lying and being at
Mattituck, Town of Southold, County of Suffolk <:.nd State of New
York, being more particularly bounded and described as follows:
BEGINNING at a point on the southerly line of New Suffolk Avenue
which point marks the intersection of the southerly line of New
Suffolk Avenue and the easterly line of Marratooka Road;
RUNNING THENCE along the southerly line of New Suffolk Avenue North
780 40' 30~ East 997.23 feet to a monument and land now or formerly
of H. Tuthill;
RUNNING THENCE along the last mentioned land the following two (2l
courses and distances:
1. South 30 46' 30~ East 181.60 feet;
2. South 690 36' SO" East 67.0 feet to the ordinary high
water mark of Deep Hole Creek;
RUNNING THENCE on tie line courses along said ordinary high water
mark of Deep Hole Creek the following five(5) courses and distances:
l. South 07' 09' 56" West 288.14 feet;
2. South 03' 13 ' 49" West 153.06 feet;
3. South ", 30' 59" East 27.31 feet;
4. South 02' 25' 36" West 125.90 feet;
5. South 19' 51 ' "" East 16.35 feet to land formerly of
Weese, now of Suffolk County;
RUNNII;':; THENCE along the last mentioned land and land formerly of
Karn and land formerly of Grabie South 780 47' 10~ West 569.18 feet
to the northeasterly side of a right-of-way;
RUNNING THENCE along said right-of-way North 710 39' 20~ West 223.91
feet to the easterly line of Marratooka Road;
RUNNING THENCE along the easterly line of Marratooka Road the
following two (2) courses and distances:
1. North 240 38' 30~ West 275.29 feet;
2. North 1Bo 14' 20~ West 425.1B feet to the point or place
of BEGINNING.
EXCLUDING THEREFROM premises conveyed from Elmer r. Ruland, Jr. to
Dorothy Avent by deed dated May 28, 1965 and recorded on June 10,
1965 in Liber 5759 at page 305.
(Now SCTM: 1000-115.00-10.00-001.000); and
WHEREAS, Ruland conveyed to Avent's predecessor in title, Dorothy Avent,
by deed datpA May 28, 1965 and reccrded in ~he Of!ice of the Clerk of the County
of Suffolk on June la, 1965 in Liber 5759 Page 305, a portion of the original
Parcel NO.5 of the aforementioned premises described as follows:
ALL that certain plot, piece or parcel of land situate, lying and
being at Mattituck, Town of Southold, County of Suffolk and State of
New York, being more particularly bounded and described as follows:
COMMENCING at a point the following two courses and distances
from the intersection of the Southerly line of New Suffolk Avenue
with the easterly line of Marratooka Road: (1) North 780 40' 30~
East along the Southerly line of New Suffolk Avenue a distance of
750 feet; (2) South 110 19' 30~ East a distance of 500 feet to the
northwesterly corner of the premises herein described and from said
point or place of beginning running thence along other land of Elmer
D. Ruland, Jr. North 780 40' 30~ East a distance of 186 feet more or
less to the ordinary high water mark of Deep Hole Creek; thence in
2
a generally southerly direction along various courses and distances
following the high water mark of Deep Hole Creek 305 feet more or
less to land of Weese; thence South 780 47' lOw West along said land
of Weese and along land of Karn a distance of 139 feet more or less;
thence North 110 19' 30w West along other land of Elmer D. Ruland,
Jr. a distance of 301.65 feet to the point to the point or place of
beginning.
(Now SCTM #1000-115.00-010.00-002.000); and
WHEREAS, Harold Avent, is a co-devisee under the Last Will and Testament
of Dorothy J. Avent, who died a resident of Suffolk County, New York, on February
18, 1976, leaving a Will which was admitted to probate in the Suffolk County
Surrogate's Court on March 18, 1976 (File No. 505 P 76,; and Laura M. Avent
acquired title by deed dated June 11, 1999, recorded in the Suffolk County
Cl'!!rk's Office on July a, 1999, in Liber 11974 Page 395, from Laura M. Avent a5
EXl!!cutrix of the Last Will and Testament of Carl Avent (a co-devisee under the
Lain Will and Testament of DOrothy J. Avent); and
WHEREAS, due to a mistake there was an erroneous metes and bounds
description in the aforementioned deed to Dorothy J. Avent, which has resulted
in litigation by a certain lawsuit entitled WEImer D. Ruland, Jr., Plaintiff v.
Har.old Avent, Laura M. Avent et al.", Supreme Court, State of New York, County
of Suffolk, Index No. 00-09994, for reformation of the aforesaid incorrect deed
and for other relief; and
WHEREAS, the parties hereto desire to settle the litigation concerning the
boundaries and to fix and definitely establish the boundary lines between the two
parcels above mentioned, respectively owned by them as aforesaid.
NOW, THEREFORE, in consideration of the premises and of the sum of One
Dollar by each of the parties hereto to the other in hand paid, the receipt of
whereof is hereby acknowledged, the said parties hereto, for themselves, their
heirs, successors and assigns, covenant and agree that the said boundary lines
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between the Ruland end Avent parcels be and the same hereby are established as
lil,es described as follows:
The northerly line of the Avent parcel shall be as follows:
BEGINNING at a point at the northwesterly corner of land of Avent
which is the following two (2) courses and distances from the
intersection of the southerly line of New Suffolk Avenue and the
easterly line of Marratooka
Road:
1. North 780 40' 30~ East along the southerly line of New
Suffolk Avenue a distance of 750 feet;
~. South 130 26' 44~ East a distance of 481.07 feet to the
point or place of BEGINNING;
RUNNING THENCE trom said point of BEGINNING the following two (2)
courses and distances:
1. North 860 40' 20~ East 55.sa feet;
2. North 780 40' 30" East 115.84 feet to the ordinary high
water mark of Deep Hole Creek.
Ruland hereby remises, releases and quitclaims to Avent, their heirs and
aSlligns forever, ali of his right, title and interest in and to any land lying
to the south of the aforesaid boundary line.
Avent hereby remises, releases and quitclaims to Ruland, his heirs and
as~;igns forever, all of their right, title and interest in and to any land lyi:".g
to the north of the aforesaid boundary line.
The westerly line of the Avent parcel shall be as follows:
BEGINNING at a point at the northwesterly corner of land of Avent
which is the fOllowing two (2) courses and distances from the
intersection of the southerly line of New Suffolk Avenue and the
easterly line of Marratooka Road:
1. North 760 40' 30~ East along the southerly line of New
Suffolk Avenue a distance of 750 feet;
2. South 130 26' 44~ East a distance of 481.07 feet to the
point or place of BEGINNING;
RUNNING THENCE from said point of BEGINNING South 080 09' OO~ East
a distance of 321.41 feet.
Ruland hereby remises, releases and quitclaims to Avent, their heirs and
assigns forever, all of his right, title and interest in and to any land lying
4
tc the east of the aforesaid boundary line.
Avent hereby remiseo, releases and quitclaims to Ruland, his heirs and
assigns forever, all of their right, title andf)interiJ'11 i~~d tfTny~cd~ h~
;~eWofA-thf~S.h1~ry line. ke J~ If' (J )
IT IS MUTUALLY COV1!:NANTED AND AGREED by and between the parties to these
presents that this agreement shall run with the land and be binding upon and
enure to the benefit of the respective hei::,s, executors, administrators,
successors ol,d assigns of each of the parties hereto.
IN WITNESS WHEREOP, the parties he::'eto have set their hands and seals t~e
day and year first above written.
PJ__ h d!Zi? u(7~+ ,.I~
~~uland, -Jr. -,
, ~_L.J
~-'fi Avent
I" Clt,,~_ro>~
Laura M. Avent
STATE OF NEW YORK, COUNTY OF SUFFOLK, 55:
On the 23rd day of June, in the year 2000, before me, the undersigned.
personally appeared ELMER D. RULAND, JR. personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the
name in his capacity, and that by his signature on the instrument, the individ~al
or the person upon behalf of which the individual acted, executed the instrument.
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Notary Public
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TORRENS
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Cel1ificate#
PriorClr. Ii
Deed! MOl1gage Instrument
Deed I Mol1gage Tax Stamp
FEES
Page! Filing Fee
Ilandiing
Tp.584
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Notation
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EA-5217(County)
Sub Tota!
EA.5217 (Slate)
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Comm. of Ed
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SubTotal
Other
GRAND TOTAL
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Real Property Tax Service Agenc)' Verification
Disl. Section Block
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Initials \C\
SalisfactionslDischargeslReleases List Property Owners Mailing Add
RECORD & RETURN TO:
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2000 IlOV -6 fH 3: 23
[D'~'f..HQ P. P,~~1,"l:E
r".ER:~ OF
Sept fJ~K COI,,::ITV
Recording I Filing Stamps
Mortgage Amt.
I. Basic Tax
2 Additional Tu
SubTotal
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_Add
TOT '-fTG TAX
0tW TO":'I_OualCC'1Jnt~_
tkld f('ll" ..\ppof1klt':rnenl ~
Tran,ftTTa."
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Mansion Tn -
The property (Ovemj by this mortgage IS or
will be improved b) a one or two ramil)
dwelling only.
YES or NO
If NO. see appropriate taX c~ page It
_armis instrument.
Community Preservation .und
Consideration Amount $
CPF Tax Due
$
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mproved
v'acanl Land
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8 Tille Company Information
Co. Name ii' ~'Y7
mid 2- 2-
& Endorsement Pa
Suffolk Count
'Ilus page forms part of the attached
(SPEO
J) ul-d/V,,( \JR.. The prerniseshertin is situated in
SUFFOLK COUNIY. NEW YORK.
In the TomlShip of S;olkfloY
In the VILLAGE
or HAMLET of
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TO
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llOXES 5 TIIRU 9 MUST BE TYPED OR pRINJE) IN BLACK INK ONLY PRIOR TO RECORDING OR FILING,
(OVERI
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