Loading...
HomeMy WebLinkAboutL 12731 P 173 i iiiiiii iii ~~iii iiii~ ~~i~i ~i~i~ ~~~ii i~~ii ~i~i~ viii i~~i i ii~iii ilia ~i~~i iii iii SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: ENCROACHMENT Recorded: 05/29/2013 Number of Pages: 7 At: 11:30:41 AM Receipt Number : 13-0063898 TRANSFER TAX NUMBER: 12-23736 LTBER: D00012731 PAGE: 173 District: Section: Block: Lot: 1000 070.00 03.00 022.006 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO Affidavit $0.00 NO TP-584 $10.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $120.00 NO Transfer taac $0.00 NO Comm.Pres $0.00 NO Fees Paid $205.00 TRANSFER TAX NUMBER: 12-23736 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ?1 2? Number of pages REi~ukC~ED . 2CE13 Play 29 11:317:41 RM _TlIDITH R. PR~;C:RLE CLERK i:1F This document will be public suFFr,LK C.OLINT4 record. Please remove all L P00012'31 Social Security Numbers P 173 prior to recording. aT# 12-23735 ' Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps ~!3 FEES Page /Filing Fee ~ Mortgage Amt. 1. Basic Tax _ Handling 20: 00 2. Additional Tax _ TP-584 ~ ~ Sub Total Notation / SpecJAssit. or EA-52 17 (County) Sub Total ~ Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00 ~ Transfer Tax Affidavit ~ Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 ~ family dwelling only. Sub Total YES or NO Other Grand Total O If NO, see appropriate tax clause on page # of tys instrument. 4 2488071 S~ ~~~C~F~ ~ 5 Community Preservation Fund Real Property P T S IIII~II~I[~I~UIIIII~~~~I~Ilul~l~~l~lll~l Consideration Amount $ Tax Servece R VITA I I I I l 1 Agency 22-MAY-1 CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN/~TO: Vacant Land i I •.1 ~.f ~ . D w s ~s ~ TD o ~ 3 - TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com an Information 310 Center Drive, Riverhead, NY 11901 C .Name - e / ~ r wwwsuffolkcountyny.gov/clerk Tide # ~ t 3 _ ~ y o y _ 'r? 9 q 3 ~ S ~ ~i g Suffolk Count Recordin & Endorsement Pa e This page forms part of the attached ~ ` ~O '9 c L' E ' c-l-T i~.~ ~ .,-made by: (SPECIFY TYPE OF INSTRUMENT) l ~ ~ ~ ~ ~ ~ z } ~ ~ ~ F ~ The premises herein is situated in ~r ~ o E _ G~ o ~ Z SUFFOLK COUNTY, NEW YORK. TO In the TOWN of ~d ~ o ~ ~ ) - 1 ~-o .~,5 ~ ~~SrFIn the VILLAGE O ~ ~ ~ ~N r ) ~ ~ i z-oo' or HAMLET of ~-/~E ~OC~ 6 )E T/dS j BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. iz-oia..iorasu (nverl PT S . R viT A Stat ID: 2488071 22-MAY-13 Tax Maps District Secton Block Lot School District 1000 07DDD 03DD 022006 1000 07000 0300 .023000 5OUTHOLD .,t~,,.:~.~. r , _ . _ 1s... t.~S~~4t . Y' ~ 1wF .Lv~ ~t / .f ~ ~k,'•` r~~- ,F_3 r}~. air i~_ ~i r^ _y~'., .!a ~ ~F~ i,{ i~ t.r.'~ ~_If' 4 . i. J F` u-S , fit. :~~r ~ 'Yyr.,~ , _1 Fy~r _ ~r, `Y x,,, ~r,,..:~ ..w-y Q . ~ ~ r ' ENCROACHMENT AGREEMENT s This AGREEMENT, made the ~ day of ~ ~ , 2413, between PAUL R. GOMEZ and ELLEN~~UROPE-GOMEZ, residing at 3800 Wells Avenue, Southold, New York 11471 (hereinafter "the GOMEZES) Party of the First Part, and ANTHONY T. CONIGLIO, as TRUSTEE of THE CONIGLIO FAMILY 2007 IRREVOCABLE TRUST, residing at 9 Carrie Drive, Manalapan, New Jersey 0772b (hereinafter "CONIGLIO FAMILY TRUST'') Party of the Second Part; WHEREAS, the Party of the First Part is the owner in fee simple of certain real property known as and by 3800 Wells Avenue, Southold, New York, designated as, Section 070.00, Block 03.00, Lot 022.i9p6on the Tax Map for the County of Suffolk, State of New York and as mare particularly described on Schedule A attached hereto and made part hereof (hereinafter "Parcel A"}; and WHEREAS, the Party of the Second Part is the owner in fee simple of certain real property known as and by 2575 Oaklawn Avenue, Southold, New York designated as Section 070.00, Block 03.00, Lot 023.000 on the Tax Map for the County of Suffolk State of New York and as more particularly described on Schedule B attached hereto and made part hereof (hereinafter "Parcel B"); and WHEREAS, Parcel A adjoins Parcel B; and WHEREAS, a survey of Parcel. A has been prepared by Kenneth M. Waychuk Land Surveying, PLLC on April 1, 2013 (hereinafter the "Survey"), a copy of which is attached as Exhibit 1. Said survey shows, among other things, a Belgian block curb which runs along or nearby the westerly line of Parcel A and the easterly line of Parcel B and encroaches up to 1.5 feet inside the westerly line of Parcel A; and WHEREAS, the parties desire to Iix and definitely establish the boundary line between the two parcels mentioned above respectively owned by them without resort to litigation; and NOW, THEREFORE, in consideration of the mutual promises and conveyances herein contained, and other good and valuable consideration, the receipt of which is hereby mutually acknowledged, the parties hereto for themselves and their heirs, legal representatives, successors and assigns, covenant and agree as follows: THAT irrespective of the placement of the Belgian block curb between Parcel A and Parcel B, the common boundary line between the parcels shall be deemed the westerly boundary of the property owned by the Party of the First Part and the easterly boundary of the property awned by the Party of the Second Part is established as being described as follows: A line BEGINNING at a point on the northerly side of Wells Avenue distant 150.00 feet easterly from the corner formed by the intersection of the easterly side of Oaklawn Avenue with the northerly side of Wells Road; RUNNING THENCE North 23 degrees 23 minutes 50 seconds West, 100.00 feet; and, THAT the parties further agree and acknowledge that any use by the Party of the Second Part, their heirs, legal representatives, successors and assigns, of any portion of Parcel A lying East of the boundary line, is permissive and not hostile to or with any claim of right against the Party of the First Part, their heirs, legal representatives, successors and assigns; and, THAT the parties further agree that the aforementioned Belgian block curb may remain in its 1 _ t ' current location so long as the Party of the Second Part shall continue to maintain it in good condition. In the event said curb requires inspection, maintenance or repair, the Party of the Second Part shall have a limited permission to enter Parcel A to affect such inspection, maintenance or repair; and THAT the parties further agree that in the event that the Party of the Second Part shall desire to remove and replace said belgian block curb, the Party of the First Part grants permission to enter Parcel A to remove same, upon express condition that the Party of the Second Part, shall, upon replacement, move said belgian block curb back to the boundary line between their respective premises, as shown on the survey attached hereto and made part hereof as Exhibit 1; and, IT IS MUTUALLY AGREED AND COVENANTED that this agreement shall run with the land and inure to the benefit of and 6e binding upon the parties hereto and their respective heirs, legal representatives, successors.and assigns. In WITNESS WHEREOF, we have hereunto set our hands and seals on the date first above mentioned. Paul R. Gom Ellen Eur ~ e-Go ez Ant ny T. Coni io, as Trustee of the Coniglio Family 2007 Irrevocable Trust. STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK) On the day of in the year 2013 before me, the undersigned, personally appeared Paui R. Gomez an Elope-Gomez, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instru t. Notary Public BRIAN A. Anto>ai;WS Notary Public, State qt New York ~ ~ ' tVo. 02AN50t4509 Qualified !n Suffolk Coun ComrrZission Expires p7~i51 t 2 s STATE OF NEW YORK ) ) 55.. COUNTY OF SUFFOLK) On the day of in the year 2013 before me, the undersigned, personally appeared ,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 as Trustee of The Coniglio Family 2007 Irrevocable Trust, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK STATE STATE OF NEW JERSEY } } ss.: COUNTY OF ~ v~~ ) On e D day of in the year 2013, before me the undersigned, personally ppeared' personally known to me or roved 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 as Trustee of The Coniglio Family 2007 Irrevocable Trust, and that by his 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 {add the city or political subdivision and the state or country or they pl of acknowledgment was taken). Notary Public' ~ Sarn P. Al utio Notary P blic of New Jer ey Corlrxn±ssl~n Expires 7 3 r r i S.G.?.r~. NO. DiSTR?CT: ;QOQ 5=LS10N: 70 9LJ.7C: 3 L6T5}:22.a + L4T e c`.,°~: f 0 e..t n~ n. v e ~ d ~ o ~ w 6 LOT ~ C Y3rt F[wC{ O.slr Q? ~Cph L07 6 o~ v.u '4] ~ ' ~ 9' .h' LOT 7 h~O ~ y~ ~ d' ~`L~~ o~ti o,ix ` ~ ~eao ~orpiw- r`I'f ~ tQIX 0.~'r _a ~-`"ate er.r• arw 4' b ~'GC w,cwa ~D+F Y v, S L]- A4 ~ . O ~ C ~ ~ - ~ ],t'6 ~7.r y s ~ ~ f LAND n/T A c Z, or c ~ e L-7 ~ 4LILE i. LES'JS l~ °r~ C ~ E ae~ :+,AE~ n AS Pnw b' ~ z~~ og 1r ~ srszcaow a ~ 1 e ~ ~ so.ae• i ~ ~ 573'20'00"W 19a,IP' WELLS ~sD•) r~ ~.,t-•AK.~ A VEN UE lw~Lts R.~AO ~ suarcT ro c~'F_NhtiTS t I~sT~c~,ws u?ya :2C7y PC.y]y THE wATR SLPPt Y, 1ti'~.:.5. DR:M`}15 AND CESSP00! COCA RpNS 5]+OrrNr ARE FRGrr f1rSD D?iRVA ROxS AnD D7 Df TA ~TaNED FRAU OTxERS I a.',.f.:4D,iB3.53 SQ..k`F'. or 0.82 ACt?.S ~,FvATteNDArJ+~• f UNAV!}I.T'iZFD fL 777A 71AY 6? ADA'flLYJ TD N'S SURV;Y lS A NO~TIO~r' 6 S=CRON 7209 p: 7kF uh•1Y rpWC S7A f'DOG T7Cn' LA w. :~lc'S ~ RL'S SUR~~ NAP NOT BEARNJG TNF LAN7 SUrT1F_YG?'S c"y30S5EL Srfl SYAL[ NOi BF C:Ng(>r~i chi 7p BF A vALp] Tiilti G9~'Y. GVARANTr'£S lNi7.'.A l`p N£RSLn' Sh'ALA R:IN pNL' TG 7aaE RYSDN :pR Af!DN THE SLRVe .'!5 AREPhREp sND O+i NIS 8EJiALF 7G 7}!E FI Ii.: CW!?AN:: DDURN.vEN'AL fL7~+LY ANO L'T'DING +NS7r7tlTfGYv L.'S 7::fi NERELV.: 4ND b THE ASSICN~S O~ fRC' ~NNNG INS717U R^,AV, OIlARAN~§ ARE NOT 7RANSFiRABLi. y~ p~FS-STS OP DfAfEA'9'AVS ShfONN N_REQ'~' :+`~?r! T14E ?RL1':7 %1' UNE5 70 T•!: SrRUCiVRcT~ ARE >~P A S~E'.~?C ?VR.°0.~ AND U~ r1i:~?CP~£ 7NEr ARE NO' INY.-7JD:7! TO JONJLENT TifF .PRA~~T" l.INCS L4T f0 CIlE7E THE ~FCT7Q'i O= X43 ADD(DONAL 57R'JL1WE5 d4 AND Dr?lER AVPRO>FJ~EN fS EASEM_N75 AND/g4 SUSSIIRFACF S7RU'RIRS RELU7D2 O? UNRF'~Y}2D'S A~ NOT GUAr?ANY'= UNLESS PX`.'Sr^,.I~:' EY~Ni ONE R!` Pr2zA!!$F$ A7 7'MF Tn~ G" $!/Ri~Y 41R~a a: L0i S ~ CERi1~lED T0: JOHN C.~fANDL~R; plh~ 07: P:CDNiC D~_0?McNF COR?. ~ NANCY CHaND~rZ; =r.+: DEC. 27. 200 ~ :~~.1072:; I `F1GtL!„ NA71OIV~ il;'~ c lNSU.~a.NCE; s,n„r:'D AT; SDUTHO~F TowN oF: SOUTHO_G ~ KEh'NETH~: WOYCHI3K LAND SIIR'1~YING. PI.'.:C SurrOLK COUNT`.', NSW YORK Pro;essSonyl Lana Survarine and ?ecign y P.O. Soz :S3 AguebO(~ue, Nex YarY II311 r F ~3-c1 ScnL_ 7"=3G' Dh-: ~?r~IL t, 207,5 rcavz (aaL)zva-rsea rAZ {as:1 zye-;see N. Y.S LISC. NQ 050882 m.~ee rn. r.o.rah er yaren ar~mr i Ke.ne~a rL r~nw: EXHIBIT 1 Fidelity National Title Ins~zrance Company ' TITLE i~0. F13-7404-84937SUFF SCHEDULE A 1 (Description) AMEI~rDED 41912013 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold in the Tawn of Southold, County of Suffolk and State of 1~Tew York, known and designated as and by Lot No_ 6 as shown on a certain map entitled, "Subdivision Map of Peconic Development Corp" filed in the Office of the Clerk of the County of Suffolk on December 27, 2001, as Map No. 10723, which said lot is more bounded and described as follows: BEGmrNI~TG at a point on the northerly side of Wells Avenue distant 150.00 feet easterly from the comer formed by the intersection of the easterly side of Oaklawn Avenue with the northerly side of Wells Avenue; RLT'NL~rG THENCE Nor`~h 23 degrees 23 minutes 50 seconds west, 100.00 feet; THENCE North 24 deo ees 34 minutes 30 seconds East; 277.38 feet; THENCE South 20 degrees 56 minutes 00 seconds East, 308.73 feet to the northerly side of ~~telIs Avenue; zo THENCE South 73 degrees a~9 minutcs 00 seconds West along the northerly side of Wells Avenue, 194.11 feet to the point or place of BEGLNNIl~TG. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on rhepremises which by taw constitute real property. FOR CONVEYANCING ONLY.' Together with all the right, title and interest of the party of the frst part, of in and to the land Iying in the street in front of and adjoining said premises. SCHDDULE.4-1 (Description) Rev. (03!04} ' ~ SCHEDULE B ! ~ DESCRIPTION !i ALL that certain plot, piece or parcel of land, situate, lying and {aeing in the Town of Southold, County of Suffolk and State of New York bounded and described as follows; BEGINNING at a monument at the intersection of the easterly line of Oakiawn Awe. witf~ the northerly line of Weds Ave; RUNNING afang said easterly line of Oaklawn Ave. North 23 degrees 23 minutes 50 seconds 1rVest a distance oft 00.00 feet to a monument and fond now or formerly of Peconic Development Corp.; RUNNING THENCE along said land now or formerly of Pecianic Development Corp., two courses and distances; t) Parade{ with said northerly line of Wells Ave., Nortl•? 73 degrees 2Q minutes E}0 ' seconds East a distance aft 50.00 feet; 2) Parallel with said easterly line of Oaklawn Ave. South 23 degrees 23 minutes 50 seconds East a distance of X00.00 feet to a monument on said northerly line of bllel{s Ave; RUNNING THENCE along said northerly of Wells Ave., South 73 degrees 20 ' minutes 04 seconds West a distance o€ 150.130 feet to the point or place of $1~G1NNING.