HomeMy WebLinkAboutL 12749 P 281
1111111 Illl 11111 IIIII IIIII IIIII IIIII 111111111111111111 ,
111111 11111 lull IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: AGREEMENT Recorded: 10/22/2013
Number of Pages: 10 At: 09:34:02 AM
Receipt Number : 13-0134662
TRANSFER TAX NUMBER: 13-08030 LIBER: D00012749
PAGE: 281
District: Section: Block: Lot:
1000 128.00 02.00 010.000
MORTGAGE TAX NUMBER: DE042145
EXAMINED AND CHARGED AS FOLLOWS,
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $50.00 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 $12.50 NO
RPT $180.00 NO Transfer tax $0.00 NO
Comm.Pres $0.00 NO Mort.Basic $0.00 NO
Mort.Addl $0.00 NO Mort.SplAddl $0.00 NO
Mort.SplAsst $0.00 NO
Fees Paid $292.50
TRANSFER TAX NUMBER: 13-08030
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
?t 27
RECORDED
O 2013 Oct t2 09:34:02 AI•i
JUDITH A. PA_CALE
,,Number of pages
CLERK OF
SUFFOLK COUNTY
This document will be public L D00012749
P 2i?1
record. Please remove all DE042145
Social Security Numbers DT# 13-02030
prior to recording.
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps
3 FEES
Mortg
age Amt.
Page / Filing Fee 0~7
1. Basic Tax
Handling 20. 00
2. Additional Tax
TP-584', a Sub Total
Notation Spec./As,sit.
or
EA-52 17 (County) Sub Total $o _ Spec. /Add.
EA-5217 (State) TOT. MI-G. TAX
R.P.T.S.A. l Igo Dual Town Dual County
Held for Appointment
Comm. of Ed. S. 00 Transfer Tax
+ Mansion Tax
Affidavit
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 ~l
Grand Total a• JD If NO, see appropriate tax clause on
01~ page # _ of this instr ent.
q,13
4 Dist. 1000 Section 128 Block 2 Lot 011 ' O 5 Community Preservation Fund
Real Propel 2592291 `"spa Consideration Amount $
Tax service i ~•c ccb
Agency P T S IIIIIIIIIIIIIIIIIIII 011 ~IIIIi~1011111 CPF Tax Due $
Venficatioi R DTY A
17-OCT-1 Improved
Satisf:` ress
6
- ---nccvnUoc-nc-rung-rv:------'J Vacant Land
TD
Wickham, Bressler & Geasa, P.C.
P,O. 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.suffolkeountyny.gov/clerk y -
Title # E7 f
g Suffolk Coun Recording & Endorsement Page
This page forms part of the attached Reconstruction Agreement tzee ao /L-) made
by: (SPECIFY TYPE OF INSTRUMENT)
Michael Liguori The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In theTOWN of Southol
Michael L. Leccese. Jr. and Eileen Leccese In the VILLAGE
orHAMLETof Laurel
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
pT S
°Stat ID: 2592291 R DTY A
17-OCT-13
Tax Maps
District Secton Block Lot School District
1000 12800 0200 010000 MATTITUCK-CUTCHOGUE
1000 12800 0200 011000 MATTITUCK-CUTCHOGUE
1000 12800 0200 024000 MATTITUCK-CUTCHOGUE
f
.r
T r
Reconstruction Agreement
AGREEMENT dated September A 2013 between:
MICHAEL LIGUORI, residing at 123 Glen Hollow Drive, Port Jefferson, NY 11776
(LIGUORI), and
MICHAEL L. LECCESE, JR. and EILEEN LECCESE, residing at 11 High Street, East
Williston, NY 11596-1917 (LECCESE)
RECITALS:
5c.oo
A. LIGUORI owns a residence at 5 M Peconic Bay Boulevard, Laurel, NY
(SCTM#1000-128-2-11) ("the Liguori Property") and a half interest in the beach parcel
adjoining it (SCTM41000-128-2-24) (the "Beach Parcel");
B. LECCESE owns a residence at 5610 Peconic Bay Boulevard, Laurel, NY
(SCTM#1000-128-2-10) (the "Leccese Parcel") and a half interest in the Beach Parcel;
C. The Liguori Parcel is subject to a right of way (the "Right of way") in favor of the
Leccese Parcel as set forth in deed in Liber 11898 page 349, referring to the Leccese
Parcel as the "residence premises", which reads:
"TOGETHER WITH a right of way for access between the residence
premises herein and the beach premises, said right of way following .a 10 foot
right of way running from the southwesterly part of the residence premises
southerly and thence continuing 5 feet in width in a southerly direction along the
,)clx westerly line of the Liguori premises and thence in a easterly direction at right
angles to said westerly line to the bottom of the steps of the summer platform;
thence southerly to the bulkhead. The easement herein includes the steps and
the summer platform, bulkhead and steps, but the maintenance of the: platform,
bulkhead and steps shall be borne equally by the owners of the residence
property herein conveyed and the Liguori property."
D. The summer platform, which includes the front bulkhead, the retaining wall, the sand
covered area between the front bulkhead and the retaining wall and between the east and
1,,,c¢.. west boundaries of the Liguori parcel, the deck and stairways, were destroyed by
Hurricane Sandy. LIGUORI and LECCESE wish to have the damage repaired and Right
of Way, including the summer platform and its component structures, restored
("Reconstruction").
E. The LIGUORI Parcel is described in Exhibit A attached hereto. The LECCESE
Parcel is described in Exhibit B attached hereto.
LIGUORI and LECCESE agree as follows:
1. THE RECONSTRUCTION
The Reconstruction Shall include rebuilding the front bulkhead along the Bay, the
*Ae retaining wall on the Liuori Parcel in front of the Liguori residence which runs roughly
parallel to the bulkhead,- the fences on the east and west sides of the bulkhead, the deck
on the east side of the summer platform, refilling with sand between the front bulkhead
and the retaining wall for the full width of the Liguori parcel, fence to fence, and
rebuilding the stairs up to the deck and stairs down to the beach.
2. PERMITS
LIGUIORI and LECCESE will apply for the permits for the Reconstruction and will
keep each other advised of the permit application process. LIGUORI and LECCESE
shall retain En-Consultants or other environmental company to handle the applications
and hearings. All of the foregoing is referred to as the "Permits".
3. BIDS/WORK
LIGUORI and LECCESE will obtain bids from contractors for the Reconstruction,
and to retain a Contractor or Contractors which will perform the Reconstruction for the
best price in accordance with the Permits, and will cause the work to be performed. A
diagram of the summer platform and the Reconstruction project are attached as Exhibit C.
4. COST OF RECONSTRUCTION
LIGUORI and LECCESE will share equally in the cost of the Permit and the
Reconstruction. Payments required for the Permits, fees and contracts will be made
equally, or LECCESE may, at his option, advance LIGUORI's half and LIGUORI will
promptly reimburse LECCESE.
5. USE
The parties, their successors and assigns, will continue to use the Right of Way for
pedestrian access, beach access, boating, picnicking and other historical waterfront uses,
and will continue to share equally in the maintenance of the Right of Way.
6. ADDITIONAL CLAUSES
a. If either LIGUORI or LECCESE wishes to perform additional work on either
of their residential properties, it will be at the expense of that property owner.
b. This agreement is binding on the parties, their heirs, successors and assigns.
2
c. In the event of a dispute, the parties waive their right to trial by jury and agree that
the prevailing party is entitled to their reasonable attorneys fees. All such disputes shall
be heard only in the Courts of Suffolk County, NY,
d. This agreement does not restrict or limit a letter agreement between the parties
dated April 19, 2013.
IN WITNESS WHEREOF, the parties hereto have signed this agreement the day
and year first above written.
Aha Li
ha .Leccese,
Elieen Leccese
STATE OF NEW YORK:
:ss..
COUNTY OF SUFFOLK:
On September 2013, before me, the undersigned, a Notary Public in and for said
State, personally appeared MICHAEL LIGUORI, personally known to me or proved to
me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the
instrument, the individual (s), or the person(s) or entity(ies) upon behalf of which the
individual(s) acted, executed the instrument.
Notary Public
E3(j0 n • f ag n on
3
STATE OF NEW Y(K:JJ F R5S61
Ss.
COUNTY OF S6T*0L-KP? f D1a4-SFJy
On September /1+ 2013, before me, the undersigned, aNotary Public in and for said
State, personally appeared MICHAEL L. LECCESE, JR., personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s)
is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on
the instrument, the individual(s), or the person(s) or entity(ies) upon beh,-df of which the
individual(s) acted, executed the instrument.
No Pu Iic
Now V pwft of taw ice'
STATE OF NEW YORK:
:ss..
COUNTY OF SUFFOLK:
On September l1 2013, before me, the undersigned, a Notary Public in and for said
State, personally appeared EILEEN LECCESE, personally known to me or proved to me
on the basis of satisfactory evidence to be the individual(s) whose rames(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the
instrument, the individual(s), or the person(s) or entity(ies) upon behalf of which the
individual(s) acted, executed the instrument.
Notary Public
O~lMa in Suffdk comer
2l/ageLeccese-1
4
Ekk dok+ A
tha- certain plot,, piece or parcel of land,. with 'the
. 4a -bui•ldings 'and "improvement's- thereon erected s.:itu
at.e, lying and
oing 3:n' eurel;''To rxi" of Southo'ld, 'County of 'Iuffolk and State of
N0/'-;Yark0 bouhd6d 'aiid' descr_ibed',,as `fo1low.s•
BEGINN M G . st: a concrete monument:, at-'thW. no.rthee s:t°er lye corner
' of,-'ttie::premis€~s -adr~oining land} formerly= of••'C ecrge, B-!-4Obd`iiL1 :and
ad ~bini,ng. other;<premi•sa s -'6f th0party of:, - the_,;f fr s't? paPt an ; tYje'`'•
north; sa`id' monument; being be1ng,,'Sout1IYA8 degrees 58!. 1'0" East"."-
283# 18"fOV,-fr'i>m;,ao 66here t d .'monument "set oh Ethe southerly side of
Peconi6YBaq,1-Boulevardstat ,the'".hdrtheesterly cor:rier of said other
"
premises= of~the'rparty' bf=;the fi'rst-`-pert,-°`from'said point of be.
ginnfig' running= thence a••Long' said land` •forkerly of *George B. ` +
aodliul'1 south .18° 9 Sg,Q ,,10" Ea st~166.92-~ feet t'o ' e bulkhead 'y i annm
irig tlieiice' a long-` se id- bulkhcaad South 29°' 41 f''i'.0" 'die st' 02.39 feet
to a right-of Way; Nort1i'l90tr411=40"VWest234:56-:feet`-t-or a cancret
monumeritt .and other land of the party of the first part; running
thence along. said',other' lhd of thb ~party`ofi'the' f-irst "part; -North'
710 10t 50" Ee-st _'79.85"feeti : to the. monumen '~and'place of b'e'ginning
Fidelity.Nationallitle" Insurance Company of New York
TCTLE NO.09=7404.75814-SU>:F
SCHEDULE A-1 (Description)
AMENDED 11/13/09 i
PARCEL I 1677 hM A9
ALL that certain plot, piece or parcel of land, situate, lying and. being at Laurel, in the Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at a concrete monument on the: southerly. side, of Peconic - Bay -.Boulevard said point" being the northeast
corner of the premises herein described and the northwest comer of formerly of George B. Woodhull and now or formerly
of O'Shaughnessy and McFeely and from. said point of beginning running along said land formerly of George B.
Woodhull, South 18 degrees 58 minutes.] 0 seconds least, 283.18 feet to a 'point;
THENCE South 71 degrees 01' minutes 50 seconds West, 79.85 feet to the-easterly side of a right of way;
THENCE along said easterly side of said right of.way, North' 19 degrees 41 minutes 40 seconds West, 245.18 feet to the
southerly side of Peconic Bay Boulevard;
THENCE North 46 degrees 24 minutes 20 seconds East along the southerly side of Peconic Bay Boulevard, 91,25 feet to
the point or place of BEGINNING.
PARCEL 11 .Srll" /Dill"-lo
TOGETHER with a 1/2 undivided. interest in the bulkhead, steps and beach adjacent to premises conveyed to Michael
Liguori by deed Liber 4586 page 70 and further described as follows:
BEGINNING at a point at the northeasterly corner thereof and the southeasterly coi•ncr of said premises of Liguori;
RUNNING THENCE South 18 degrees 5$ minutes "10 seconds East; 14:68 feet to the mean high water mark of Great
Peconic Bay as of October 2009;
RUNNING THENCE South'46 degrees 17 minutes 51 seconds'West,31.22 feet;
THENCE South 28 degrees 30 minutes 21 seconds West, 53.01 feet;
THENCE South 37 degrees 34 minutes 00 seconds. West, 11.18 feet to a point;
THENCE North 19 degrees 41 minutes 40 seconds West, 2.00 feet to a point;
RUNNING THENCE North 29 degrees 41 minutes 20 seconds East, 102.39 feet to the point or place of BEGINNING.
TOGETHER with a right of way for access between the residence premises bounded and described as follows:
BEGINNING at a point on the southwesterly corner of the premises described` in Parcel I herein and the northwesterly
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and Improvements on the premF which
by law constitute real property.
-
FOR CONVEYANCING ONLY.- Together with all the right, title"and interest of the party of the first part, of to and to the land lying
in the street in front of and adjoining said premises.
SCHEDULE A-1 (Deseription)
Fidelity National Tithe Insurance Company of New York
TITLE NO.09-7404-75814-SUFF
SCHEDULE A-1 (Description)
(Continued)
corner of land now or formerly of Michael A. Liguori;
THENCE North 70 degrees 18 minutes 20 seconds East, 10.00 feet to a point;
THENCE South 19 degrees 41 minutes 40 seconds East, 129.06 feet to a point;
THENCE South 70 degrees 18 minutes 20 seconds West, 5.00 feet to a point;
THENCE South 19 degrees 41 minutes 40 seconds East, 37.00 feet to a point;
THENCE North 70 degrees 18 minutes 20 seconds East, 55.49 feet to a point;
THENCE South 59 degrees 20 minutes 40 seconds East, 12.62 feet to a point;
THENCE South 29 degrees 41 minutes 20 seconds West, 15.00 feet to a point;
THENCE North 59 degrees 20 minutes 40 seconds West, 10.35 feet to a point;
THENCE South 70 degrees IS minutes 20 seconds West, 58,14 feet to a point;
THENCE North 19 degrees 41 minutes 40 seconds West, 169.06 feet to the point or place of BEGINNING.
s
i
I
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and iinprovements on the premises which
by law constitute real property.
FOR CONVEYANCING ONL Y: Together with all the right, title and interest of the part of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULEA-1 (Description)
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tigo
50'
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Sjfl GE cT
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DDD.
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0
s ±3' x 6' STEPS TO
`5 REPLACE STORM
DESTROYED STEPS
~5 PROPOSED ADJ. RETURN AND BULKHEAD
(TO BE CONSTRUCTED PURSUANT TO
a SOUTHOLD WETLANDS PERMIT NO. 6064)
0 o y AREA OF BACKFILL
c 55 BETWEEN 8LKHD,
N
T. ON-GRADE BLUESTONE PATIO TO
(J375 CYASAND REPLACE PREVIOUSLY EXISTING,
y ? STORM DESTROYED DECK
±110 L.F. OF TIMBER RETAINING WALL N' Wf20'w p~ y
TO BE CONSTRUCTED IN PLACE OF PROP, _t4' x ±4 LANDING
STORM DESTROYED TIMBER RET. WALL ~vVa~ AND 44' x ti0' STEPS TO
REPLACE STORM DESTROYED STEPS
a
J'-w Oa 'e
w m Q
_t3' x 4' do ±3' x 5'
STEPS TO REPLACE PROP. ±113 L.F. OF VINYL BULKHEAD TO
STORM DESTROYED STEPS BE CONSTRUCTED IN PLACE OF ±6" HIGHER
THAN) EX. STORM DAMAGED (HURRICANE SANDY)
A TIMBER BULKHEAD
Great Peconic Day
& LU ls~
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