The URL can be used to link to this page

Home My WebLink AboutL 12699 P 631I1! III SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Number of Pages: 8 Receipt Number : 12-0081787 TRANSFER TAX NUMBER: 11-25280 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 009.00 11.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $40.00 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 NUMBER: 11-25280 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 07/18/2012 04:16:25 PM D00012699 631 Lot: 009.002 $20.00 $15.oo $0.00 $120.00 $0.00 $210.00 Exempt NO NO NO NO NO Number of pages ~) This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument RECORDED 2012 Jul I8 04:16:25 PH JUDITH R. PRSCRLE CLERK OF SOFFOLK COUNTV L 000012699 P 6~t DT# 1!-25280 Deed / Mortgage Tax Stamp ] Recording / Filing Stamps 31 FEES Page/Filing Fee Handling Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy NYS Surcharge Other Sub Total 5. 00 is. oo lq-b SubTotal GrandTotal ~:~l~('-)' - 4 J Dist, Real Prope Tax Servic~ Agency Verificatio 5atisf~ 6 8 1000 00900 1100 009002 1000 00900 1100 009003 RECORD & RETURN TO: John Shea, Esq. Twomey, Latham, Shea, K. elley, Dubin&Qua~araro, LLP P.O. Box 9398 Riverhead, NYllg01 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 orNO If NO, see appropriate tax clause on page # __ of this instrument. Community Preservation Fund Consideration Amount CPF Tax Due $ Improved__ VacantLand TD TD Mail to: Judith A. Pascale, Suffolk County Clerk I 7 I Title Company Information 310 Center Drive, Riverhead, NY 11901 ICo. Name www.suffolkcou ntyny.gov/clerk J Title # F= 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 COUNTY, NEW YORK. TO In theTOWN of $ogthold SarahF, Ru~ell, Tmst¢¢ o~-TH~' '-¢/~/~,/~H In the VILLAGE =. ~.',,1-~¢~.~L ~O~c~,~i'2'~'l~] a~ ;tIR. g4'T orHAMLETof BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. made lover) BOUNDARY LINE AND FENCE AGREEMENT AGREEMENT made this a.5~'b' day of June, 2012, by and between Fishers Island Windswept Properties, LLC, at 19020 County Road 6, Plymouth, Minnesota 55447 (hereinafter, the "Owner"), and Sarah F. Russell, as Trustee of the Sarah F. Russell Declaration of Trust dated September 15, 2005, with an address at 20 Geer Hill Road, Hadlyme, CT 06439 (hereinafter, the "Adjoining Owner"). 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 described on a separate page attached hereto as Schedule "A" 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 1000-009.00-11.00-009.003, as conveyed by deed dated February 15, 2006, and recorded on March 22, 2006, in Liber 12441, Page 577, which adjoins Owner's Premises (hereinafter the "Adjoining Owner's Premises"); more particularly described on a separate page attached hereto as Schedule "C" and made a part hereof; and .WHEREAS, there is a wood fence and "tree storage area" within the boundaries of the Owner's Premises located west of the easterly record line of said Owner's Premises (sometimes hereinafter referred to as the "Fence" and Tree Storage"); 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 ali of the Adjoining Owner's right, title and interest in and to all lands lying between the easterly record line of the Owner's Premises and the Fence and all lands west of the easterly record line covered of the Owner's Premises by the Tree Storage as shown on the Survey. 2. The .placement of the Fence and Tree Storage 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. Whenever the Fence and Tree Storage, as presently existing, encroach upon the Owner's Premises, the Owner grants unto the Adjoining Owner a license to allow the Fence to remain in its present location as long as the Fence stands and is maintained in good order, condition and repair and in accordance with all legal requirements. If and when the Fence is rebuilt, the license granted herein shall automatically terminate, and the Fence will be brought within the Adjoining Owner's Premises at the Adjoining Owner's sole cost and expense, and there shall be no further access by the Adjoining Owner to the area east of the Fence on the Owner's Premises. 4. Likewise, if the Owner should ever demand that the Adjoining Owner remove the Tree Storage 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, Owner By: ' Rosa~ Sarah F. Russell, Trustee of the, Sarah F. Russell Declaration of Trust, dated September 15,2005, Adjoining Owner STATE OF NEW YORK) COUNTY OF ~i'.~g£114~ SS.: On the ~?~k'/~ day of-J~-ne in the year 2012 before me, the undersigned, personally appe?ed 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 STATE OF P,._-~'" , COUNTY OF ss: On the ~)5'r!"'day of June in the year 2012 before me, the undersigned personally appeared SARAH F. RUSSELL, 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, and that such individual made such appearance before the undersigned in the City of . .~ Ck'-f-'o C c.\ in the State of Q_ ~ re and office of individual takin~ acknowled~,ement) SHARON ANN MARTHIN$ I~OT~Y PUBLIC I~ GG~C~ EXPIRES ~fl ~ ~8 Fidelity National Title Insurance Company TITLE NO. Fl 2-7404-84847SUFF SCHEDULE A-1 (Description) Amended 06/15/12 All 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 tine between the herein described parcel and land formerly of Atwood Collins Ill 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 monument; 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 l0 seconds East 182.49 feet to a point at the dividing line between the herein described parcel and land now or formerly &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, maintenance, repair and replacement of the water service Iine ) THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law const#ute real property. FOR CONVEYANCING ONL Y: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. SCHEDULE A-I (Description) Rev. (03/04) Fidelity National Title Insurance Company TITLE NO. Ft2-7404-84847SUFF SCHEDULE A-I (Description) (Continued) over, under, through and across an easement 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, Jr., 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 line 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 lines that may cross said other premises adjoining the above described premises on the east and service the above described premises. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONL Y: Together with all the right, title and interest of the part of the first part, of in and to the land lying in the street in front of and adjoining said premises. SCHEDULE A-I (Description) Rev. (03/04) Schedul~B~ SCHEDULE "C" ALL that plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a monument on the southwesterly line of Heathulie Avenue at the dividing line between the herein described parcel and land of Elizabeth F. Husband; and RUNNING THENCE along land of Husband South 64 degrees 23 minutes 10 seconds West 78.59 feet to a point at the dividing line between the herein described parcel and other lands of the party of the first part about to be conveyed to Judith R. Driscoll and Dorothy R. Chapman: THENCE along said other lands about to be conveyed to Driscoll and Chapman the following four (4) courses and distances: (l) (2) (3) (4) South 25 degrees 36 minutes 50 seconds East 61.52 feet to an iron pipe; South 3 degrees 29 minutes 50 seconds East 103.50 feet to an iron pipe South 14 degrees 5 minutes 51 seconds East 79.76 feet to an iron pipe; 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 North 77 degrees 17 minutes O0 seconds East 65.01 feet to a monument; THENCE along said Avenue line North 26 degrees 02 minutes 30 seconds East 83.64 feet to a monument set at the intersection of the northwesterly line of Beach Avenue and ~he southwesterly line of Heathulie Avenue; THENCE along the southwesterly line of Heathulie Avenue North 25 degrees 36 minutes 50 seconds West 322.00 feet to the monument set at the point or place of BEGINNING.