HomeMy WebLinkAboutL 12746 P 582
. I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
111111 IIlll IIIII 1111 IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: ORDER Recorded: 09/30/2013
Number of Pages: 11 At: 03:54:28 PM
Receipt Number : 13-0124560
LIBER: D00012746
PAGE: 582
District: Section: Block: Lot:
1000 11700 0500 046004
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $55.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
Notation $0.00 NO Cert.Copies $0.00 NO
RPT $120.00 NO
Fees Paid $215.00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
1?
RECORDED
Number of pages 21713 Sep 30 03:54:28 PM
JUDITH A. PASCALE
CLERK OF
This document will be public SUFFOLK: COUNTY
record. Please remove all L D00012746
Social Security Numbers P 582
prior to recording.
Deed / Mortgage Instrument Deed /Mortgage Tax Stamp Recording / Filing Stamps
3 FEES
Page/ Filing Fee GG~ ~L- Mortgage Amt.
1. Basic Tax
Handling 20. 00
2. Additional Tax
TP-584 Sub Total
Notation SpecJAssit.
or
EA-52 17 (County) Sub Total 7 Spec. /Add.
EA-5217 f ate) _ TOT. MTG. TAX
Dual Town Dual County -
R,P.T.5. Held for Appointment
Comm.of d 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 I / I family dwelling only.
Sub Total YES or NO
Other Grand Total a If NO, see appropriate tax clause on
/y page # of this instrument.
4 Dist, 5 Community Preservation Fund
Tax Servic P T S
2580023 S~[ aTfm N C onideration TaAagen y e er R RMO A II~I~III~I~III~III~IIIIIIIII~IIIIIII IIII~I~ CPFSTax Due Amount $
Verificatioi 30SEP-13
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO: Vacant Land
TD
Wickham, Bressler & Geasa, P.C.
P.Q. Box 1424 TD
Mattituck, New York 11952 TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co. Name
www.suffolkcountyny.gov/clerk Title #
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Sti ulation of Settlement - m,)
by: (SPECIFY TYPE OF INSTRUMENT) Q 12b2 ed s
C- k U 1 f h2l5 The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
l ) TO In the TOWN of A00
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN LACK INK ONLY PRIOR TO RECORDING OR FILING.
over
PT S
R RMO
Stat ID: 2580023 30-SEP-13
Tax Maps
District Secton Block Lot School District
1000 11700 0500 046004 NEW SUFFOLK
1000 11700 0500 046003 NEW SUFFOLK
rc -
~ f.
a°
~rY~sr '
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------------X
GERARD H. SCHULTHEIS and CAROLYN Index No.: 04-19824
SCHULTHEIS,
Plaintiffs,
- against -
STIPULATION OF
ESTATE OF LAWRENCE M. TUTHILL and SETTLEMENT
THE BOARD OF TRUSTEES OF THE
TOWN OF SOUTHOLD,
Defendants.
-------------------------------------------------------------------X
It is hereby stipulated and agreed by and between the undersigned attorneys for plaintiffs
Gerard H. Schultheis and Carolyn Schultheis, "Schultheis", defendant Estate of Lawrence M.
Tuthill, "Estate", and defendant Trustees of the Town of Southold, "Trustees" and the parties as
follows:
WHEREAS, Tuthill and Schultheis are the owners of neighboring parcels of real property
located on Schoolhouse Creek in New Suffolk, New York and shown on the Suffolk County Tax
Map at 1000-117.0-05.0-046.04, the "Tuthill Property"; and 1000-117.0-05.0-046.03, the
"Schultheis Property"; and
WHEREAS, the instant lawsuit filed by Schultheis pertains to the existence and exercise
of reparian or littoral rights on the neighboring properties, the "Action", and the ownership of the
underwater land in Schoolhouse Creek; and
WHEREAS, all parties desire to settle and resolve, with prejudice, the action and all
other claims, disputes or potential disputes which have been or might be -or could ever be
asserted by or against each other with respect to the riparian rights of the two parcels and
between Schultheis and Tuthill and not the Trustees as to ownership of the underwater land in
Schoolhouse Creek; and
WHEREAS, the parties agree that this Stipulation shall bind the successors, heirs and
assigns and representatives of the parties hereto and shall be recorded by Schultheis in the Office
of the Suffolk County Clerk under Suffolk tax map numbers of each of the subject parcels
promptly hereafter;
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, it is hereby stipulated and agreed by and between the respective parties
hereto that:
1. The Tuthill Property and the Schultheis Property each enjoy riparian/littoral rights
to the waters of Schoolhouse Creek adjacent to their respective properties as provided herein.
2. Schultheis may maintain the docks appurtenant to their property as currently
existing as shown on Exhibit A hereto, or as may be repaired or replaced or secured to pilings
from time to time and may dock vessels thereat and otherwise utilize the area shaded on Exhibit
A hereto without interference from Tuthill. In addition, Schultheis may otherwise navigate the
waters of Schoolhouse Creek to gain access to the shaded area in Exhibit A or any other lawful
purpose. Tuthill may construct and maintain docks as permitted and dock vessels thereat
appurtenant to its property, provided same do not interfere with Schultheis' rights hereunder.
Specifically, and notwithstanding the foregoing, the existence of the shaded area on Exhibit A
shall not prevent the ingress and egress of a 21 foot vessel of customary beam to the Tuthill
property adjacent to the Schultheis property on the east side of Schoolhouse Creek, provided that
Tuthill shall not dock vessels at its finger docks which unreasonably obstruct such access.
3. The parties expressly agree not to object to any effort to obtain permits needed to
exercise the other party's riparian or littoral rights pertinent to their respective properties,
provided same does not interfere with such party's riparian rights. In addition, Schultheis
specifically agrees not to object to the construction of a catwalk, piling and /or dock on Tuthill's
property adjacent to the Schultheis' westerly property line, on condition that same does not
interfere with the use of Schultheis' riparian/littoral area as set forth in Exhibit A.
4. Schultheis agrees to promptly hereafter execute a quitclaim deed granting any
interest they may have to the land under Schoolhouse Creek to the estate of Lawrence A Tuthill.
The deed shall be recorded by Tuthill in the Suffolk County Clerk's Office with respect to
Suffolk County tax map numbers of each of the subject parcels. Schultheis further agrees not to
challenge or oppose, now or in the future, Tuthill's claim of ownership to the land underwater of
Schoolhouse Creek and shall not financially support in any way such challenge or opposition.
Such grant shall not effect the rights of Schultheis under paragraph two hereof. This stipulation
is without prejudice to the Trustees claim of ownership of the underwater land in Schoolhouse
Creek.
5. It is further agreed that should any party be forced to resort to legal action to
enforce the terms of this Stipulation, that the others shall be responsible for the cost of such
proceeding, including, but not limited to, reasonable attorney fees.
6. The Stipulation of Discontinuance of the action shall be executed by all parties
promptly hereafter and filed by Schultheis after the execution of the quitclaim deed.
7. The parties agree that there are no other claims or actions presently pending
against each other in connection with the subject property.
8. This Stipulation shall be so ordered by the Court.
9. This stipulation reflects the stipulation made in open Court between the parties.
~QP#e+~b2r ~6 .
Dated: dww- 1 , 2013
Mattituck, New York
SO ORDERED
D~ C(-x6-13
LAW OFFICE OF EILEEN A. POWERS W C.
By: 9C. By:
Ei een A. Powers Eric J1chultheis Okiar~
Attorneys for Defendant Estate of Lawrence Attorneys for aintiffs Gerard H. Schultheis
M. Tuthill and Carolyn 456 Griffing Avenue 13015 Main Road, P.O. Box 1424
Riverhead, New York 11901 Mattituck, New York 11952
(631) 727-8250 (631) 298-8353
SMITH, FINKELSTEIN, L DBERG,
ISLER Y B KI LP
By:
A MCI-
Attorneys for Defendant the Board of Trustees
of the Town of Southold
456 Grifng Avenue, P.O. Box 389
Riverhead, New York 11901
(631) 727-4100
ESTATE OF LAWRENCE M. TUTHILL
IJ4 By:
Gerard H. Schultheis Lawrence M. Tuthill, r.
THE BOARD OF TRUSTEES OF THE
TOWN OF SOUTHOLD
By:
C o yn Schultheis
STATE OF NEW YORK, COUNTY OF SUFFOLK: ss:
1"b14"
On the day of , 2013, before me, the undersigned, a Notary Public in and for said
State, personally appeared GERARD SCHULTHEIS, personally known to me or proved to me
on the basis of satisfactory evidence to 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.
Notary ub is
ERIC JONATHAN BRESSLER
Notary Public, State of New York
No. 02BR4622371
Qualified in Suffolk County
Term Expires Ma,rh 30.26Y
STATE OF NEW YORK, COUNTY OF SUFFOLK: ss:
Seehwbeyl
On the _ day of 3fne, 2013, before me, the undersigned, a Notary Public in and for
said State, personally appeared CAROLYN SCHULTHEIS, personally known to me or proved
to me on the basis of satisfactory evidence to 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.
4h
Notary Pu lic
ERIC JONATHAN BRESSLER
Notary Public, State of New York
No. 02BR4622371
Qualified in Suffolk County'
Term Expires March 30, 20~
STATE OF NEW YORK, COUNTY OF SUFFOLK: ss:
On the g day of 2013, before me, the undersigned, a Notary Public in and for
said State, personally appeared LAWRENCE M. TUTHILL, JR., personally known to me or
proved to me on the basis of satisfactory evidence to 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.
NMINf}N` ~I DK~+mS~
Notary Public
f d~iiMrn lbd~
4seio~ Emkft t 2/t f
N° 7 O2'46 W5dLf
STATE OF NEW YORK, COUNTY OF SUFFOLK: ss:
AlkW K
On the day of J , 2013, before me, the undersigned, a Notary Public in and for
said State, personally appeared ~ ~JLA F. K, is personally known to me or proved to
me on the basis of satisfactory evidence to the indi ' ual whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her capacity and that by
his/her signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
LORI M. HULSE Y**
Notary Public- State of Now Notary P is 14
No. b2MQ6IOM2
CWSW OMM1asbn Sutfdk ~rch 23,204
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SCTM #1000-117.00-05.00-046.004
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being at New Suffolk, in the Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at a point on the northerly line of Orchard Street which point is formed by the
intersection of said northerly line of Orchard Street with the extension northerly of the center line
of Fourth Street and running thence in a northerly direction along lands now or formerly of
Sacomano and others, a distance of 275 feet, more or less, to School House Creek;
RUNNING THENCE in an easterly direction along School House Creek, 700 feet, more or less,
to land now or formerly of to Marjorie H. Tuthill, one of the parties of the first part herein;
RUNNING THENCE along land last mentioned two courses as follows:
(1) South 6 degrees 10 minutes 50 seconds West, 30 feet to the northerly line of a
travelled road; thence
(2) Along said northerly line South 83 degrees 49 minutes 10 seconds East, 84.39 feet to
land now or formerly of H,P. Wickham and others;
RUNNING THENCE along land last mentioned (being along the easterly line of said travelled
road) South 6 degrees 52 minutes 10 seconds West, 198.26 feet to the northerly line of Orchard
Street;
RUNNING THENCE in a westerly direction along said northerly line of Orchard Street a
distance of 29 feet to land now or formerly of Lindstrom;
RUNNING THENCE along land last mentioned North 6 degrees 52 minutes 10 seconds West,
100 feet to the northeasterly corner thereof;
RUNNING THENCE in a general westerly direction along the northerly line of said lands of
Lindstrom 120 feet, more or less to land now or formerly of Smolenski;
RUNNING THENCE along the easterly line of land last mentioned, 30 feet, more or less, to the
northeasterly corner thereof;
RUNNING THENCE in an easterly direction along the northerly boundary lines of said land of
Smolenski and lands now or formerly of Sadowski, Wamiey, Delaney and Goodale a distance of
380 feet, more or less, to land now or formerly of Fogarty;
RUNNING THENCE along land last mentioned in a northerly, westerly, and southerly direction
a distance of 370 feet, more or less, to the northerly line of Orchard Street;
RUNNING THENCE along said northerly line of Orchard Street in a westerly direction a
distance of 25 feet, more or less, to the point or place of beginning.
SCTM #1000-117.00-05.00-046.003
ALL that certain plot, piece or parcel of land, with, the buildings and improvements thereon
erected, situate, lying and being at New Suffolk, Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
BEGINNING at a point on the easterly line of a travelled road adjoining land of Thomas Uhl,
said point being North 6 degrees 52 minutes 10 seconds East 198.26 feet from the northerly line
of Orchard Street; running
THENCE along the northerly line of said traveled road North 83 degrees 49 minutes 10 seconds
West 84.39 feet to land of Lawrence Tuthill;
THENCE along said land North 6 degrees 10 minutes 50 seconds East 59.0 feet to a bulkhead at
School House Creek; running
THENCE along said bulkhead the following 3 courses: 1) North 25 degrees 33 minutes 20
seconds East 15.20 feet; thence 2) North 4 degrees 45 minutes 10 seconds West 34.86 feet;
thence 3) North 87 degrees 37 minutes 30 seconds East 190.32 feet to ordinary high water mark
of Cutchogue Harbor;
THENCE along said high water mark southerly about 35 feet to a point which is South 7 degrees
52 minutes 40 seconds West 34.29 feet from the last described point;
THENCE along said land of Thomas Uhl the following 2 courses: 1) North 83 degrees 49
minutes 10 seconds West 100.00 feet; thence 2) South 6 degrees 52 minutes 10 seconds West
101.74 feet to the point of BEGINNING.
TOGETHER with a right of way over said traveled road from Orchard Street northerly to the
above described premises, said right of way being described as follows:
BEGINNING at a point formed by the intersection of the northerly line of Orchard Street with
the extension northerly of the easterly line of First Street; and running thence in a westerly
direction along the northerly line of Orchard Street 29 feet to the southeasterly corner of land
now or formerly of Lindstrom; running thence along said land of Lindstrom North 6 degrees 52
minutes 10 seconds East 100 feet to land designated as Parcel 1 in a deed from Harry H. Tuthill
to Lawrence M. Tuthill, J. Katherine Tuthill and Marjorie B. Tuthill recorded in Liber 6553 of
Deeds at Page 149; running thence along land last mentioned two courses as follows: 1) North 6
degrees 52 minutes 10 seconds West 73.28 feet to the northeasterly corner thereof, 2) North 83
degrees 49 minutes 10 seconds West 55.10 feet to the northeasterly corner thereof and other
lands of the said Harry B. Tuthill; running thence along lands last mentioned North 6 degrees 10
minutes 50 seconds East 25.00 feet to the.premises described above; thence along lands last
mentioned South 83 degrees 49 minutes 30 seconds East 84.39 feet to lands now or formerly of
H.P. Wickham and others; thence along lands last mentioned South 6 degrees 52 minutes 10
seconds West 198.26 feet to the point or place of BEGINNING.
SUPREME CQUR:T.OF THE STATE OF NEW YORK _ f
COUNTY:OPSUFFOLIC
GERARD-H. SCHULTHEIS and CAROLYN: Inde"x No-' 04,19824'
'SCHLTLTHEIS,
Plaintiffs,
:agaiinst
ESTATE OF LAWRENCE M..TUTHILL and-.
THE BOARD, OF TRUSTEES OF THE
TOWN-OF'SOUTHOLD,
Defendants:.
STIPULATION OF SETTLEMENT
~MI _KHAM; BRESSLER ,&!GEASA, P:C:
Attorneys for Plaintiffs. .
13015Main R64`-P. O B6x''1424
Mattitu& New Yor ,1 .952
(b31) 298-8353