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HomeMy WebLinkAboutL 12699 P 630SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Number of Pages: 9 Receipt Number : 12-0081787 TRANSFER TAX NUMBER: 11-25279 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 009.00 11.00 EXAMINED AND CHARGED AS FOLLOWS $o.oo Received the Following Fees For Above Instrument Exempt Page/Filing $45.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $10.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX N~4BER: 11-25279 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE COunty Clerk, Suffolk County 07/15/2012 04:16:25 PM D00012699 630 Lot: 008.001 Exempt $20.0O NO $15.00 NO $0.00 NO $120.00 NO $0.00 NO $215.00 Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2012 Jut 18 04:16:25 SUDiTH fl. Pf$CflLE CLERK OF SUFFOLK COUNTY L D00012699 P 630 DT~ 11-25279 Deed/Mortgage Instrument Deed/MortgageTax Stamp ] Recording /Filing Stamps 3 I FEES Page/Filing Fee Handling O Notation EA-52 17 (County) Sub Total /"~) EA-S217 (State) Comm. of Ed. 5. 00 A~davit Ce~ified Copy NYS Surcharge 15. 00 Sub Total Other Grand Total ~'~, lO00 00900 1100 00800I ",,; Real Propert Ta×Service ~ 1000 00900 1100 009002 Agency Verification Satisfa( ;s John Shea, Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP P.O. Box 9398 Riverhead, NY 11901 8 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax ~ Mansion Tax The property covered 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 page #__ of this instrument. 5 Community Preservation Fund Consideration Amount CPF Tax Due $ ~ Improved VacantLand TD TD Mail to: Judith A. Pascale, Suffolk County Clerk C7o. L me Title Company Information 310 Center Drive, Riverhead, NY 11901 ~-I~O~'L~- /~/,'qT"/1)/¥19~. 7-'/T/-~ www.sufolkcountyny.gov/clerk ITM (uT e ) Suffolk County Recording & Endorsement Page This page forms part of the attached by: Fishers Island Windswept Properties, LLC Boundary Line Agreement (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUN'['L NEW YORK. made TO In theTOWNof Southold ,. , ~J['"~ C'mt~l"/I.~',.7"[/' In theVILLAGE BOXES 6 THRU 8 MUST BE TYPED OR PRINTED ~N BLACK INK ONLY PRIOR TO RECORDING OR FILING. {overJ BOUNDARY LINE AND FENCE AGREEMENT AGREEMENT made this &z~3'~ay of June, 2012, by and between Fishers Island Windswept Properties, LLC, at 19020 County Road 6, Plymouth, Minnesota 55447 (hereinafter, the "Owner"), and Atwood Collins, III and Cynthia W. Collins, with an address at ~, Fishers Island, NY 06390 (hereinafter, the "Adjoining Owner"). ~?f~'~¢/'* ~ WITNESSETH WHEREAS, the Owner is the owner of real property, presently situated on the north side of Beach Avenue on Fishers Island in the Town of Southold, County of Suffolk and State of New York, having Suffolk County Tax Map Number 1000-009.00-11.00-009.002 (hereinafter the "Owner's Premises"), more particularly bounded and described on a separate page marked Schedule "A" attached hereto and made a part hereof, SAID PREMISES BEING THE SAME AND INTENDED TO BE THE SAME as those conveyed by deed dated October 27, 2005 and recorded January 10, 2006, in Liber 12429 Page 667, and as those shown on a certain survey map dated June 7, 2012, made by CME Associates Engineering, Land Surveying & Architecture, PLLC (hereinafter, the "Survey"), which Survey is attached hereto as Schedule "B" and made a part hereof; and WHEREAS, the Adjoining'Owner is the owner of real property presently situated on the north side of Beach Avenue on Fishers Island in the Town of Southold, County of Suffolk and State of New York, having Suffolk County Tax Map Number 1000-009.00-11.00-008.00, which is more particularly described in deed dated January 25, 1993, and recorded on February 2, 1993, in Liber 11616 Page 798, which adjoins Owner's Premises (hereinafter the "Adjoining Owner's Premises"); and, q3~4'e~t~8~--ho oeo ~ ,~t°t~t~qF~ ~t~cr~ rnt~tt~-~O WHEI~AS, there is a garden, lawn area and fence within the boundaries of the Owner's Premises located east of the westerly record line of said premises (sometimes hereinafter referred to as the "Garden"); and, WHEREAS, the parties desire to establish the common boundary line between the Owner's Premises and the Adjoining Owner's Premises. NOW THEREFORE, in consideration of the premises and mutual promises made in this Agreement, and the sum of One Dollar ($1.00) and other good and valuable consideration by each of the parties to the other in hand paid, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. The Adjoining Owner hereby conveys, releases, and quitclaims unto the Owner and Owner's successors and assigns forever all of the Adjoining Owner's right, title and interest in and to all lands east of the westerly record line of the Owner's Premises covered by the Garden as shown on the Survey. 2. The placement of the Garden on the Owner's Premises does not and shall never ripen into nor become a right to use any portion of the Owner's Premises by the Adjoining Owner, but is and shall continue to be only a use by sufferance of that portion of the Owner's Premises. 3. If the Owner should ever demand that the Adjoining Owner remove the Garden from Owner's Premises, the Adjoining Owner will promptly do so at Adjoining Owner's sole cost and expense. 5. The parties agree that this Agreement will inure to the benefit of the mortgagees, current or future, of the respective premises described herein. 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, their respective heirs, distributes, legal representatives, successors and assigns. IN WITNESS WHEREOF, this Agreement has been signed as of the date and year first above written. Fishers Island Windswept Properties, LLC, Owller Ros fit'/ Atwood Collins, III fi/,// "c3nthi'a W. Collins STATE OF NEW YORK) COUNTY OF J"'w~/~ss': On the ,-.~ day of J~Z?n the year 2012 before me, the undersigned, personally appeared ROSALYN DRISCOLL, 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. Notary Public Notary Public, State of New Yo~k No. 01R06093103 Qualified in Suffolk County Commission Expires May 27, 2015 On the ~/~ day of June in the year 2012, before me, the undersigned, personally appeared ATWOOD COLLINS, III 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(s), or the person upon behalf of which the individual acted, executed the instrument. · ,., -~ J/'/ q'-o~n3 C_~,,¢m :,,;,,,,_,,, ~., /~ . -.,~ . , ~/_ ~,~,~.a x~. ~:. o.-: .... :':. "A:' .......... '.,4 )_ss.' On the ~"]}L& day of June in the year 2012, before me, the undersigned, personally appeared CYNTHIA W. COLLINS personally known to me or proved to me on the basis of satisthctory 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(s), or the person upon behalf of which the individual acted, executed the instrument. Notary' Public-~ .,,,'~; Fidelity National Title Insurance Company Title No.: F12-7404-84847SUFF SCHEDULE A-1 Description Amended 06/15/12 Alt that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the northeasterly' line of Beach Avenue at the dividing line between the herein described parcel and land formerly of Atwood Collins III and Cynthia Collins, said monument being located 97.44 feet North of a point which is 2267.90 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE along said land formerly of Collins North 7 degrees 15 minutes 45 seconds East 194.82 feet to a ~nonument; THENCE still along the last mentioned' land North 57 degrees 29 minutes 00 seconds West 58.88 feet to a monument and land now or formerly of Lucinda J. Herrick; THENCE along said land now or formerly of Herrick & Land now or formerly of Highland House FL, LLC North 64 degrees 23 minutes 10 seconds East 182.49 feet to a point at the dividing line between the herein described parcel and land now or formerly of Thomas W. Russell, Jr.; THENCE along said land now or formerly of Thomas W. Russell, Jr. the following four (4) courses and.distances: (1) South 25 degrees 36 minutes 50 seconds East 61.52 to an iron pipe; (2) South 3 degrees 29 minutes 50 seconds East 103.50 to an iron pipe; (3) South 14 degrees 5 minutes 51 seconds East 79.76 feet to an iron pipe; (4) South 27 degrees 42 minutes 10 seconds East 123.91 feet to a point at the northwesterly line of Beach Avenue; THENCE along the northwesterly line of Beach Avenue South 77 degrees 17 minutes 00 seconds West 97.53 feet to a monument; THENCE along the northeasterly line of Beach Avenue North 67 degrees 38 minutes 00 seconds West 166.90 feet to the monument set at the point or place of BEGINNING. ALSO TOGETHER WITH permanent easement for the benefit of and appurtenant to the above described premises for the installation, connection, operation, flow and passage, use, maintenm~ce, repair and replacement of the water service line Schedule A-1 (Description) Rev. (02/04) Fidelity National Title Insurance Company Title No.' F12-7404-84847SUFF SCHEDULE A-I Continued over, under, through and across an e~sement area located on other premises adjoining the above-described premises on the east, said other premises being described in that certain deed made to Thomas W. Russell, .Ir., dated August 9, 1990 and recorded in Liber 11207 page 005 on Januaryl8. 1991, said easement area being ten feet in width and its center line being the existing line for water service to the above-described premises as the same extends from Heathulie Avenue across said other premises adjoining on the east to the division tine between the above-described premises and said other premises adjoining on the east. ALSO TOGETHERWITH permanent easement for the benefit of and appurtenant to the above described premises for the continued use and maintenance of any public service utility lineg that may cross said other premises adjoining the above described premises on the east and service the above described premises. Schedule A- ] (Description) Rev. (02104) Schedule~B" 'B¢ 'Sa'~OOa '0 3)40(303Hi ,/ BEGINNING at a monument set on the Northeasterly line of Bea0h Avenue, said monument being located 97.44 feet North of a point which is 2267.90 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"~ and RUNNING THENCE North 7 degrees 15 minutes 45 seconds East .194.82 feet to a monument~ THENCE North 57 degrees 29 minutes 00 seconds West 208.92 feet~ THENCE North 63 degrees 43 minutes 10 seconds West 100.64 feet to a monument~ THENCE South 8 degrees 32 minutes 00 seconds East 270.68 feet to a monument on the Northeasterly. line of said. Beach Avenue~ THENCE South 81 degrees 28 minutes 00 seconds East 129.93 feet to a monument; THENCE South 67 degrees 38 minutes 00 seconds East 165.93 feet.to the monument set on the Northeasterly line of Beach Avenue at the point or place of BEGIN~ING.