HomeMy WebLinkAboutL 12728 P 558
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
' Type of Instrument: AGREEMENT Recorded: 05/03/2013
~ Number of Pages: 6 At: 03:21:21 PM
Receipt Number 13-0052918
LIBER: D00012728
PAGE: 558
District: Section: Block: Lot:
1001 004.00 09.00 024.003
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $30.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
Affidavit $0.00 NO TP-584 $0.00 NO
Notation $0.50 NO Cert.Copies $0.00 NO
i RPT $120.00 NO
' Fees Paid $190.50
THIS PAGE IS A PART OF THE INSTRUMENT
~ THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
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.z RECORDED
Number of pages 2013 t9ay O3 0:21:21 Pfi
' .JUDITH R. F'pSGF1l.E
CLERK nF
This document will be public ~LIFFOLK i:.OUNT~1
record. Please remove all L UOII01'2728
Social Security Numbers P 558
prior to recording.
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 7 S?~• Spec./Assit.
.~i) o r
EA-5217{County) ~ Sub Total ~J`V~ Spec./Add.
EA-5217 (State) TOT. MTG. TAX
I/~U•~ ~p~~ Dual Town Dual County
P.T.S.A. ~°7r~,
Held for Appointment
Comm. of Ed. 5. 00 ~ Transfer Tax
Mansion Tax
Affidavit _
The property covered by this mortgage is
Certified Copy ar will be improved by a one or two
NYS Surcharge 15. 00 ~ family dwelling only.
Sub Total YES or NO
' Other , S7/ .
Grand Total V If N0, see appropriate tax clause on
page tt of this instrument.
4 Dist. I 2473940 II~« I~I~ I 3 5 Community Preservation Fund
Real Property P T S Il~lill~lllll~I~I~III`IIIIhI~lIIIIIIIII~~~ ~ Consideration Amount $
Tax Service R POL A k II I` I I I
Agency 01-MAY-1 ~ CPF Tax Due 5
Verification
~ ~ I v
_ mpro ed
6 Satisfactions/D'+scharges/Releases List Property Owners Mailing Address
RECORD & RETURiV TO: Vacant Land
' TD
Steven E. Cohen, Esq.
Franklin, Cringer & Cohen, P.C. TD
666 Old Country Road, Suite 202
Garden City, NY l 1530 TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com an Informarion
310 Center Drive, Riverhead, NY 91901 Co. Name Preferred Abstract Corp.
www.suffolkcountyny.gov/clerk Title 4i 524so2942
g Suffolk Coun Recordin 8i Endorsement Pa e
This page forms part of the attached Agreement made
by: (SPECIFY TYPEOFINSTRUMENT) ~
Riverhead Commerce Park Associates, LLC The premises herein is situated in '
5UFFOLKCOUNTY, NEW YORK. i1'r~c'rr'~
TO In the TOWN of Southold
Michael Hagerman , In the VILLAGE
or HAMLET of Greenport
BOXES 6 THRU R MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
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PT S
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Stat ID: 2473940 p1-MAY-13
Tax Maps
District Sector Block Lot School District
10Q1 00400 090Q 0240Q3 GREENPORT
i iQ01 00400 0900 024004 GREENPORT
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AGREEMENT
THIS AGREEMENT made as of the 28~' day of March2012, between
RIVERHEAD COMMERCE PARK ASSOCIATES, LLC (hereinafter "RCPA"), a New
York limited liability company having an office at;185 Old Country Road, Suite
Riverh
ead N.Y.11901
,party of the first part, ,
MICHAEL HAGERMAN (hereinafter "Hagerman") residing at 4115 3oundview
Ave
nue, Southold, New York art of the
p y second part,
WHEREAS, Hagerman is the owner of that certain premises known as 132 Front Street,
r
G eenport, New York mare articu
p lady described on Schedule A
designated as SCTM 1001-004.00-09.00-024.004 (hereinafter "132 Front Street")hereto
WHEREAS, RCPA is the owner '
of that certain re i
New York more partlcularl described on Schown as 134 Front Street,
Greenport, y edule B attached hereto
designated as SCTM 1001-004.00-09.00-024.003 hereinafter "934 Fro °
~ nt Street
WHEREAS Ha
Berman and RCPA s predecessors ;in-interest Robert
E. Levy and
Maxine Levy previously executed a certain Pa
Wall A reement d
J and recorded in Liber 10638 page 494 affecting 132 grant Street and 134 Front ~Stree8
(hereinafter the "198$ Part Wall A reement"
Y 9
WHEREAS ther i '
e s currently one boiler room serving both 132 Front Street and 134
Front Street at the rear of the buildings that has not been divided by the construction of a
party wall as apparently required b the terms of t
Y he 1988 Party Wall Agreement
(hereinafter the °Boiler Room"),
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WHEREAS, the Boiler Room is currently accessed by a single door at the rear of the
buildings and contains two furnaces -one serving 132 Front Street within the property
lines of 132 Fron
t Street maintained b H
a erman and ~th
Y g a other servin 134 Front S#reet
9
within the ro art lines of
p A Y 934 Front Street maintained b RCPA
y and one or m r
oe
chimneys,
WHEREAS, Hagerman and RCPA desire to modify the 1988 Party Wall Agreement as it
relates to the Boiler Room and to specify their res active ri hts and li
p, 9 ob gations with
respect to the Boiler Room,
NOW THEREFORE, it is hereby agreed between the parties as follows; ,
. 1. Bath parties shall have access to the Boiler Room at all times.
2. The Boiler Room shall be maintained as a single bailer room and shall not be
separated by the party wall contemplated by ;the 1988 Party Wall Agreement
unless such separation is mandated by applicable law. As long as the Boiler
Room Is a single boiler room, the parties shall share equally the expense of
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' maintaining the door leading into the room common c '
shall remain responsible for maintaining and replacing its sepa ate equ pmentand
~ repairing the portion of the boiler room within its lot lines including its webs, floor
and ceiling. ,
3. If separation of the Boiler Room is mandated by law, such se ar '
promptly made by the parties or their agents by`extension of the existinlon artall be
along the existing lo# lines as contemplated by the 7988 Party Wall gpre wall
and tf~e cost and expense for such separation shall be shared equaly by the
i parties. ;
4. This Agreement shall at all times be construed as a covenant
running with the land.
b. This Agreement shall be binding upon the undersigned, their successors, heirs,
assigns and grantees.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above wri#ten,
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In presence of: RIVERHEAD COMMERCE; PARK ASSOCIATES, I.LC
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' By: Richard fsrael, Manager & er
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M1CHA p. HA AN
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SCHEDULE A
ALL that certain plot, piece or parcel of land, situate, lying and being in the Village of
Greenport, Town of Southold, County of Suffolk and State of New York bounded and
described as follows:
BEGINNING at a point on the north side of Front Street distant 347.86 feet easterly as
measured along the north side of Front Street from the confer formed by the interaction
of the north side of Front Street and the east side of Third Street (Railroad Avenue):
THENCE North OS degrees 26 minutes 30 seconds West and part of the way through a
party wall 148.39 feet to the south side of Adams Street:
THENCE along the south side of Adams Street North 84 degrees 16 minutes l0 seconds
East 2l .34 feet to lands now or formerly of Bagble:
THENCE along lands last above mentioned Soutli OS degrees 46 minutes 20 seconds
East 148.50 feet to the north side of Front 5trect:
THENCE along the north side of Front Street South 84 degrees 33 minutes 30 seconds
West 22.35 feet to the point or place of BEGINNING.
. ~w .
;{,~y,:~;. 1 Title No, 524502942
"~J`~•~;~;1~^~'. . - ~ , SCHEDULE B
AL]L that certain plot, piece or parcel of Land, with the buildings and improvements thereon
erected, situate, lying and being in the Village of Greenport, Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northerly side of Front Street, distant easterly as measured
along the northerly side of Front Street, 326.94 feet from the corner formed by the northerly
side of Front Street with the easterly side of Third Street;
RUNNING THENCE north OS degrees 26 minutes 3Q seconds west along the easterly fine of
land now or formerly of R.B. Hudson Company, Inc, and partly through the center of a party
wail the distance of ]48.28 feet to the southerly line of Adams Street;
THENCE north 84 degrees 16 minutes 14 second east, along the southerly line of Adams
Street, 20.91 feet to a paint; '
THENCE south 1y~5 degrees z5 minutes 30 seconds east and~partly through the center of a
PAY wall the distance of 148.39 feet to the northerly side ofFront Street;
THENCE south 84 degees 33 minutes 30 seconds west and along the northerly side of Front
Street, a• distance of 2t}.92 feet to the paint ar place of BEGINNING,
51~TBJEC"T to an easement in favor of the premises adjoining on the west known as number
135 Front Street for the sewer line and water line.
SUBJECT to a party wall agreement for the party wall between the premises being conveyed
herein and the premises now or formerly owned by R.B. Hudson Company, Inc.
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STATE OF NE1N YORK )
) ss.:
COUNTY OF SUFFOLK )
On the 28th day of March in the year 20'12, before me, the undersigned, a Notary
Public in and for said State, personally appeared RICHARD ISRAEL, personally known
to me or proved to me on the basis of satisfactory evidence to be the individual whose
names is subscribed to the within instrument and acknowledged tv me that he executed
the same in his capacity, and that by his signature an the instrument, the individual, ar the
person upon behalf of which the individual acted, executed t instrument.
Notary Pub lc
~fNDA 3. CARLSON
Notary Public, State of New York
N o. 01 CA6137178
STATE OF NEW YORK ) ~ Qualified in Suffolk County
S5 : ~ Commission Expires Nov. 14, 20
COUNTY OF SUFFOLK )
On the 28th day of March in the year 2012, before me, the undersigned, a Notary
Public in and for said State, personally appeared MICHAEL HAGERMAN, personally
known to me ar proved to me on the basis of satisfactory evidence to be the individual
whose names 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, ar the person upon behalf of which the individual acted, executed the
instrument.
No ary Public
LlNbA S. CARLSON
' Notary Public, State of New York
No. Ot CA6t 37178
Qualified in Suffolk County
Commission Expires Nov. 94, 20
Record ~ Return to:
Steven E, Cohen, Esq.
Franklin, Gringer ~ Cohen, P.C.
666 QId Country Raad, Suite 202
Garden Clty, N,Y. 11530