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HomeMy WebLinkAboutL 12702 P 763SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Number of Pages: 5 Receipt Number : 12-0095974 TRANSFER TAX NUMBER: 12-01583 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 070.00 07.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $25.00 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: 12-01583 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 08/21/2012 11:15:40 AM D00012702 763 Lot: 015.000 $20 00 $15 00 $0 oo $60 0o $0 00 $135 O0 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 31 Page /FiIing Fee Handling 20. 00 Notation EA-52 17 (County) EA-52t 7 {State) ".P.T.S.A. Corem. of Ed. 5. O0 Affidavit Certified Copy NYS Surcharge 15. 00 Other Real Property Tax Service Agency Verification Deed / Mortgage Tax Stamp J FEES Sub Total ~'~/ Sub Total (~ ~ Grand Total /'~'~ 1000 07000 0700 015000 RECORDED 2012 gug 21 11:15:40 AM JUDITH A. PgSCgLE CLERK OF SUFFOLK COUNT? L D00012702 P 763 DT~ 12-01583 Recording / Filing Stamps 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 i):l,st ru ment. Community Preservation Fund Consideration Amount CPF Tax Due $ ~ made Improved__ Satisfactions/Discharges/Releases List Property Owners Mailing Address / · RECORD & RETURN TO: / Vacant Land McNulty-Spiess, P.C. . / TD 2t4 Roanoke Avenue / TD P.O. Box 757 Riverhead, NY 11901 ~,/ TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 I Title Company Information www.sunOlKCOuntyny.gov/clerK I Title # BAL2140S Suffolk County Recording & Endorsement Page lhis page forms part of the attached Right of Way and Boundary Lin.e..Agreement by: {SPECIFY TYPE OF INSTRUMENT) Janina B[enias The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO IntheTOWN of Southold Peanut Alley Properties, LLC ..... In the VILLAGE or HAMLET of BOXES tl THRU 8 MUST BE TYPED OR PRINTED ~N BLACK INK ONLY PRIOR TO RECORDING OR FILING, Cover) RIGHT OF WAY AND BOUNDARY LINE AGREEMENT AGREEMENT made this '~ day of AUGUST, 2012 by JANINA BIENIAS, residing at 730 Main Bayview Road, Southold, New York, hereinafter referred to as the party of the first part, and PEANUT ALLEY PROPERTIES, LLC, with offices at 41900 Main Road, Peconic, New York, hereinafter referred to as the party of the second part. WITNESSETH: WHEREAS, the party of the first part is the owner of a parcel of land situate at Southold, in the Town of Southold, County of Suffolk, State of New York, known and designated as SCTM No. District 1000, Section 70, Block 7, Lot 14, (hereinafter referred to as "Lot 14 Benefitted Premises"), and WHEREAS, the party of the second part is the owner of a parcel of land immediately adjacent to the east of said above mentioned parcel, known and designated as SCTM, No. District 1000, Section 70, Block 7, Lot 15, (hereinafter referred to as "Lot 15 Burdened Premises"}, which parcel of land was conveyed to the party of the second part by the party of the first part by Deed dated August 7, 2012; and WHEREAS, the party of the second part wishes to afford the party of the first part and future owners of the "Lot 14 Benefitted Premises", the right to use the existing driveways on the "Lot 15 Burdened Premises" for ail reasonable purposes, including but not being limited to ingress and egress and the installation and maintenance of utilities; and WHEREAS, the parties desire to confirm the boundary line between the two parcels above mentioned, respectively owned by them as aforesaid. NOW, THEREFORE, in consideration of the 'covenants contained herein and the sum of one dollar paid by each of the parties hereto to the other and other good and valuable consideration, the receipt of which is hereby acknowledged, the said parties hereto, for themselves, their heirs, distributees, executors, administrators, successors and assigns, covenant and agree as follows: 1. The boundary line between the two parcels above mentioned be and the same is hereby confirmed as the same line as shown as the division line between the said "Lot 14 Benefitted Premises" and "Lot 15 Burdened Premises" as shown on the survey of the "Lot 15 Burdened Premises" prepared by John Metzger dated "May 1, 2012, May 7, 2012, (certifications)" annexed hereby as EXHIBIT A. 2. The party of the second part hereby grants to the party of the first part, her agents, employees, guests, invitees, heirs, successors and assigns, an easement and right of way in and over the driveways located on "Lot 15 Burdened Premises" as depicted on the aforementioned survey for the purpose of ingress and egress to and from, and the installation and maintenance of utilities for, "Lot I4 Benefitted Premises." 3. The party of the first part acknowledges that she makes no claim to any interest in any property owned by the party of the second part lying east and north of the boundary line between the "Lot 14 Benefitted Premises" and the "Lot 15 Burdened Premises", and the party 'of the second part acknowledges that it makes no claim to any interest in any property owned by the party of the first part lying west and south of the boundary line between the "Lot 14 Benefitted Premises" and the "Lot 15 Burdened Premises.' 4. Each party agrees to indemnify and hold the other party harmless from any liability, action, claim, cost or expense, including reasonable attorney's fees arising from or relating to the use and maintenance of the driveways by each party and their agents, employees, guests and invitees. 5. This Agreement shall run with the land and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns of each of the parties hereto. .. IN WITNESS WHEREOF, the parties hereto have hereto set their hands and seals the day and year first above written. ~/dANINA BIENIAS PEANUT ALLEY PROPERTIES, LLC By ~//~/~ Member/Manager STATE OF NEW YORK: COUNTY OF SUFFOLK On the {~ day of AUGUST, 2012, before me the undersigned, a Notary Public in and for said State, personally appeared JANINA BIENIAS, 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 Not~~~upon which the individual acted, executed the instrument. STATE OF NEW YORK · COUNTY OF SUFFOLK On the /_~ day of AUGUST, 2012, before me the undersigned, a Notary Public in and for said State, personally appeared THOMAS P. GRATTAN, 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 same in his capacity and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Not~m~ Z A~PHA~ T DR~VE.~,~y