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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.
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Stat ID: 2488071 22-MAY-13
Tax Maps
District Secton Block Lot School District
1000 07DDD 03DD 022006
1000 07000 0300 .023000 5OUTHOLD
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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 _
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' 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
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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.