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HomeMy WebLinkAboutL 12688 P 600SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Number of Pages: 18 Receipt Number : 12-0034425 TRANSFER TAX NUMBER: 11-16877 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 037.00 06.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 03/23/2012 04:07:35 PM D00012688 600 Lot: 003.004 Received the Following Fees For Above Instrument Exempt Page/Filing $90.00 NO Handling COE $5.00 NO N¥S SRCHG TP-584 $5.00 NO Notation Cert. Copies $11.70 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 11-16877 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $20.00 $15.00 $0.00 SS0.00 $0.00 $196.70 Exempt NO NO NO NO NO JUDITH A. PASCALE County Clerk, Suffolk County Number of pages This document will be public record. P.,[ease remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument ,I ..Deed / Mortgage Tax Stamp RECORDED 2012 Mar 23 04:07:55 PM JUDITH ~. PflSC~LE CLERK OF' SUFFOLK COUNTV L D00012688 P 600 DTff 11-16877 Recording / Filing Stamps Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) ' R.RT.S.A. Comm. of Ed. Affidavit / Certified Copy F ' NYS Surcharge Other I 4 I Dist.[0C Real Property Tax Service Agency .~pijtL.c ation 1000 03700 1000 03700 Sub Total /15--- ~5"0 073 //, 70 ,,,,oo ~u~,o. ~/.70 0600 003004 0600 003005 Satisfactions/Discharges/Rele~es List' Property Owners Mailing Address RECORD & RETURN TO: V, O' Mail to: Judith A. Pasoale, Suffolk Oounty Olerk 310 (}enter Drive, Riverhead, NY 11901 www. suffotk¢ounlyny, gov/¢ierk .Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assii~ or Spec./Add. TO~. MTG. TAX Dual Town ' Dual County __ Held for Appointment Transfer Tax ~ __ Mansion Tax ' The proper~ cove~ed by this. mortgage is or will be improved, by a one or two family dwelling only. YES . or' NO __ If NO, see appropriate tax clause on pige # ~ff this insmmaent. 5 Community P~eservation Fund Consideration Amount CPF Tax Due Improved Vacant Land ~ /Faa TD !FTi.tlg Company Information e ~:~-kTqc-ks zr~c_ Suffolk County Recording & Endorsement Page This page forms part of the attached TO (SPECIFY'TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of -'~O~k~l q In the VII .LAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. BOUNDARY LINE AND EASEMENT AG~EMENT BOUNDARY L~E AND EASEMENT AGREEMENT (hereina~er the "Agreement") made as of this IV~ day of March, 2012, between EDW~ A. THO~ and VIRG~IA THO~, his wife, both residing at 53 French Creek Drive, Rochester, New York 14618, hereinafter referred to as the "Party of the First Part", and JOHN S. THORP. and C1NTHIA THORP, his wife, both residing at 10 Rockville Avenue, Rockville Centre, New York 11570, hereinafter referred to as the "Party of the Second Part". WITNESSETH: WHEREAS, the Party of the First Part is the owner of premises known as 80 South Lane, East Marion, Town of Southold, County of Suffolk and State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 037.00, Block 06.00, Lot 003.003 and more particularly bounded and described on Schedule A, annexed hereto and made a part hereof, which premises wet:e conveyed or intended to be conveyed to the Party of the First Part by deed dated June 30, 1995, and recorded in the Office of the Suffolk County Clerk on July 7, ! 995, at Liber 11732, Page 230; and WHEREAS, the Party of the Second Part is the owner of premises known as 120 South Lane, East Marion, Town of Southold, County of Suffolk and State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 037.00,- Block 06.00, Lot 003.002 and more particularly bounded and described on Schedule B, annexed hereto and made a part hereof, which premises were conveyed or intended to be 05-409288.5 conveyed to the Party of the Second Part by deed dated May 1, 2006, and recorded in the Office of the Suffolk County Clerk on May 23, 2006, at Liber 12451, Page 427; and WHEREAS, the Party of the First Part and the Party of the Second Part wish to resolve a dispute over the ownership of and rights in and to a portion of the properties located along the common boundary tine between such properties owned by the Party of the First Part and the Party of the Second Part; and WHEREAS, a survey of such properties owned by the Party of the First Part and the Party of the Second Part has been prepared by Young & Young Surveyors, prepared December 20, 20t 1, a copy of which is annexed hereto and made a part hereof as Schedule C (the "Survey"); and WHEREAS, the Survey depicts the common boundary line between such properties owned by the Party of the First Part and the Party of the Second Part commencing on the southerly side of South Lane and continuing generally in a southerly and easterly direction to Gardiners Bay. NOW, THEREFORE, in consideration of one dollar paid by the Party of the Second Part to the Party of the First Part and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and of the mutual covenants, agreements, conditions and stipulations herein contained, the parties do acknowledge and agree as follows: reference. All of the preamble paragraphs set forth above are incorporated herein by 05-409288.5 2 2. The Party of the First Part and the Party of the Second Part acknowledge and agree that the common boundary line between their respective properties set forth in the preamble paragraphs above is as shown on the Survey and said common boundary line is more particularly bounded and described on Schedule D, annexed hereto and made a part hereof. The Party of the First Part does hereby remise, release and forever quit claim unto the Party of the Second Part and the Party of the Second Part's successors and assigns forever, all the right, title, interest, claim and demand whatsoever as the Party of the First Part has or ought to have in or to the property described on Schedule B hereto. Except as expressly set forth in this Agreement, the Party of the Second Part does hereby remise, release and forever quit claim unto the Party of the First Part and the Party of the First PaWs successors and assigns forever, all the fight, title, interest, claim and demand whatsoever as the Party of the Second Part has or ought to have in or to the property described on Schedule A hereto. 3. The ~Party of the First Part hereby grants unto the Party of the Second Part, and the Party of the Second Part's heirs, successors and assigns forever, a perpetual exclusive easement over the portions of the property of the Party of the First Part (such portions, the "Easement Property") on which encroachments of the "Frame Shed", the "Concrete Pad", the "Railroad Tie Curb", the "Railroad Tie" and the "Concrete Wall" and the associated stair are located as more particularly depicted on the Survey (collectively, the "Existing Improvements"), for purposes off (i) a right-of-way across, on, in and over the Easement Property for the beneficial use and enjoyment of the Existing Improvements, and (ii) maintaining, repairing, improving, upgrading and replacing such Existing Improvements on the Easement Property and installing a fence (in accordance with and subject to applicable laws) on such Easement Property. With respect to the Concrete Wall and associated stair, such Easement Property shall include a strip of land 05-409288.5 3 extending north from the Concrete Wall and running parallel to the boundary line set forth in Schedule D of this Agreement a distance of 5 feet and extending south from the Concrete Wall and running parallel to the boundary line set forth in ScheduIe D to the Iine of Gardiner's Bay. The Party of the Second Part, and the Party of the Second PaWs heirs, successors and assigns, are granted the fight to trim and remove trees, roots, brush or any other natural or other obstructions or impediments within the Easement Property. The Party of the Second Part shall indemnify and hold the Party of the First Part harmless from any and all claims, actions, judgments, damages, including reasonable attorneys' fees, and/or any other logs arising from the Party of the Second Part's use of the Easement Property. The Party ofth~ acts and/or omi: representatives repair, Existing Impro~ Party of the First Part for all of the ,Ioyees, agents, invitees and :ourse of the use, maintenance, upgrading and replacement of the ts and warrants that: described in th, owner of the premises assessed or ill, the Party of the First Part or liens of the First Part that are unpaid or unsatisfied of record in any court of the State of New York or the United States; 05-409288.5 4 d. The Party of the First Part is not precluded from entering into or performing its obligations under this Agreement by any mortgage, lien or other encumbrance on the property described in the first WHEREAS clause of this Agreement; e. No proceedings in bankruptcy have ever been instituted by or against the Party of the First Part in any court or before any officer of any state or of the United States; f. There are no actions or proceedings pending that affect the property of the Party of the First Part. 5. The Party of the Second Part covenants, represents and warrants that: described in th simple owner of the premises t; the Party of the Second Part or liens assessed unpaid or of the Second Part that are York or the United States; performing its the property de for which the cc cluded from entering into or lien or other encumbrance on greement, except for any mortgage ,btained and attached to this Agreement; 05-409288.5 5 e. I'4o proceedings in bankruptcy have ever been instituted by or against the Party of the Second Part in any court or before any officer of any state or of the United States; f. There are no actions or proceedings pending that affect the property of the Party of the Second Part. 6. If either party, or such party's heirs, successors or assigns, shall breach or violate any of the temps, conditions, rights, obligations or covenants set forth in this Agreement then the non-breaching party may seek enforcement of the terms of this Agreement by an action in any court of competent jurisdiction in the State of New York, County of Suffolk, after giving the breaching party written notice of such breach or violation and such breaching party fails to cure such breach or violation within ten (I0) days after receipt of such notice; provided, however, that if such breach or violation cannot reasonably be cured within such ten (10) day period and provided further that the breaching party shall have commenced to cure such breach or violation within such ten (10) day period and thereafter diligently and expeditiously proceeds to cure the same, such ten (10) day period shall be extended for such time as is reasonably necessary for the breaching party in the exercise of due diligence to cure such breach or violation. The prevailing party in any such action shall be entitled to recover reasonabIe attorneys' fees, costs and disbursements from the non-prevailing party. 7. All notices, demands or other communications required, permitted or desired to be given under this Agreement shall be in writing and sent by registered or certified mail, postage prepaid, return receipt requested, or delivered by nationally-recognized overnight commercial courier addressed to the party to be so notified at its address hereinafter set forth. A notice shall be deemed to have been received: (a) three (3) days after the date such notice is 05409288.5 6 mailed by registered or certified mail, and (b) on the next day (other than Saturday, Sunday or any day that is a federal or state legal holiday) if sent by nationally-recognized overnight commercial courier, in each case addressed to the parties as follows: If to the Party of the First Part: If to the Party of the Second Part: Edward and Virginia Thorp 53 French Creek Drive Rochester, NY 14618 John and Cinthia Thorp 10 Rockville Avenue Rockville Centre, NY 11570 8. This Agreement shall be recorded by the Party of the First Part in the Suffolk County Clerk's Office against the properties of the Party of the First Part and the Party of the Second Part described in the preamble paragraphs of this Agreement. 9. The construction, validity and effect of this Agreement shall be determined under the laws of the State of New York, without regard to principles of conflicts of law. 10. This Agreement shall run with the land and be binding upon and inure to the benefit of the parties hereto, their heirs, legatees, executors, administrators, legal representatives, successors and assigns, including remote, as well as immediate, successors and assigns thereof. 11. This Agreement contains the entire understanding between and among the parties hereto with respect to the transactions contemplated herein. 12. This Agreement may not be modified, altered, terminated or discharged in any manner other than as herein provided, except by an instrument in writing signed by all parties hereto. 05,.409288.5 7 13. This Agreement may be executed in multiple counterparts, each of which shall, when executed, be deemed an original, and all of which when taken together shall constitute but one agreement. 14. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of such term, provision or condition. 15. It is understood and agreed that all understandings and agreements heretofore had between and amongst the parties hereto are merged in this Agreement which alone fully and completely express their agreement and that the same are entered into after full investigation, neither party relying upon any statement or representation made by the other except as specifically set forth in this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the date first written above. Edward A. Thorp 05--409288.5 8 STATE OF NEW YORK ) ) SS.' COUNTY OF /'/(tTY//~ ( On the 42~ 7 ~day of January in the year 2012, before me, the undersigned, personally appeared EDWARD A. THORP and VIRGINIA THORP 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(les), 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. SAMUEL E. NOEL Notary PubSc, State, ot New Yor~ No. 01'N~51031 Ouahried in Monroe County Notary Public STATE OF NEW YORK ) ) SS.: COUNTY OF'~q(I3~ ~x}, ( \ ~V~.X.~day ~v~ ' On the of-Javmavy in the year 2012, before me, the undersigned, personally appeared JOHN S. THORP and CINTHIA THORP 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(les), 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. ADAM JASSEY Notary Public, State of New York No. 02JA6114380 Qualified irt Nas~. au C .ou~ ~I~Y~Z..O ~ Commission Expires Augum ] o, ._, 05-409288~5 SCHEDULE A See Attached 05-409288.5 SCHEDULE A First American Title Insurance Company' SCHEDULE A (Description) Title # DESCRIPTION: (FOR CONVEYANCING ONLY - PARCEL 1) ALL that certain plot, piece or parcel of land with The buildings and improvements thereon erected, situate, lying and being at East Marion in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a pQint on the southerly side of Oak Court, now known as South Lane, which point of beginning is situate North 58 degrees 58 minutes 30 seconds East, 57.28 feet from the corner formed by the intersection of the southerly side of Oak Court, now known as South Lane, and the easterly side of Orchard Lane (a/k/a Old Orchard Road}; THENCE from said point of beginning North 58 degrees 58 minutes 30 seconds East, 17.44 feet along the southerly side of Oak Court, now known as South Lane, to a point; THENCE South 31 degrees 01 minute 30 seconds East, 80..00 feet; THENCE South 83 degrees 11 minutes 54 seconds East, 37.98 feet; THENCE South 31 degrees 01 minute 30 seconds East, 238.03 feet to the approximate high water mark of Gardiner's Bay (sometimes called Peconic Bay); RUNNING THENCE southwesterly along the approximate high water mark of Gardiner's Bay along a tieline running South 28 degrees 59 minutes 01 second West, 54.77 feet to the boundary line between the premises now being described and other premises now or formerly of Roger J. Walz and Leslie Walz; THENCE North 31 degrees 01 minute 30 seconds West, 368.70 feet to a point on the southerly side of Oak Court, now known as South Lane, the point or place of rBEGINNING. SCHEDULE B See Attached 05-~09288.5 SCHEDULE B First American Title Insurance Company SCHEDULE A (Description) Title # (FOR CONVEYANCING ONLY - PARCEL 2) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Oak Court, now known as South Lane, which point of beginning is situate North 58 degrees 58 minutes 30 seconds East, 74.72 feet from the corner formed by the intersection of the southerly side of Oak Court, now known as South Lane, and the easterly side of Orchard Lane (a/k/a Old Orchard Road); RUNNING THENCE North 58 degrees 58 minutes 30 seconds East, 30.00 feet along the southerly side of Oak Court, now known as South Lane, to a point; THENCE easterly along the southerly side of Oak Court,on an arc of a curve bearing to the right with a tie!ine running North 76 degrees 25 minutes 50 seconds East, 29.88 feet to the boundary line between the premises now being described and other premises now or formerly of Frank S. Thorp, Jr. and Paula C. Thorp; THENCE South 31 degrees 01 minute 30 seconds.East, 315.19 feet to the approximate high water mark of Gardiner's Bay (sometimes called Peconic Bay); RUNNING THENCE southwesterly along the approximate high water mark of Gardiner's Bay along a tieline running South 27 degrees 54 minutes 49 seconds West, 33.28 feet, to land now or formerly of Edward A. Thorp and Virginia Thorp, his wife, acquired in deed in Liber 11732 page 230; THENCE North 31 degrees 01 minute 30 seconds West, 238.03 feet; THENCE North 83 degrees 11 minutes 54 seconds West, 37.98 feet; THENCE North 31 degrees 01 minute 30 seconds West, 80 feet to a point on the southerly side of Oak Court, now known as South Lane, at the point or place of BEGINNING. SCHEDULE C See Attached 05-409288.5 SCHEDULE D COMMON BOUNDARY LINE The common boundary line is herein described as follows: BEGINNING at a point on the southerly side of Oak Court, now known as South Lane, which point is distant North 58 degrees 58 minutes 30 seconds East a distance of 74.72 feet from the comer formed by the intersection of the southerly side of Oak Court now known as South Lane, with the easterly side of Orchard Lane; and RUNNING THENCE from said point or place of beginning the following three (3) courses and distances: 1. South 31 degrees 01 minutes 30 seconds East a distance of 80.00 feet to a point; and South 83 degrees 11 minutes 54 seconds East a distance of 37.98 feet to a point; 3. South 31 degrees 01 minutes 30 seconds East a distance of 238.03 feet more or less to tile northerly line of Gardiner's Bay at the ordinary high water mark. 05-409288.5 CONSENT OF MORTGAGEE MORTGAGOR: MORTGAGEE: JOHN S. THORP AND C1NTHIA THORP ELIZABETH G. TRENCHENY In the matter of the Boundary Line and Easement Agreement (the "Agreement") between Mortgagor and Edward A. Thorp and Virginia Thorp, to which this Consent is attached, the undersigned, on behalf of herself and her heirs, successors and assigns, as holder of the Mortgage dated May 1,2006 (the "Mortgage") in the principal amount of $400,000 made by Mortgagor to Mortgagee, encumbering the premises known as 120 South Lane, East Marion, New York (the "Property"), hereby consents to the execution and delivery of the Agreement by Mortgagor and consents to same being recorded against the PrOperty, and hereby agrees that the Mortgage, including all amendments, modifications, supplements, reinstatements, extensions and consolidations thereof, are and shall be subject and subordinate to the Agreement. MORTGAGEE Elizabe~ G. Trencheny ff STATE OF NEW YORK COUNTY OF SUFFOLK ) ) ss: ) On the/'Tfl, day of ~'ma. ryqn the year 2012, before me, the undersigned, personally appeared Elizabeth G. Trencheny, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. SUSA~,~ Notary Pub..'~ :5. ~ Of New York NO. 0'~ ~'."~",h;O39B42 SUSAN MOLLOY No~aff Pub!ic, State Of NeW Yo~ No. 01MO5039842 Queried in Nassau County ~o~issiqn Expires Feb, 27, 2~ 05.-409288.5