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Home My WebLink AboutL 12766 P 526 1 1111111 1111 11111 11111 illll 11111 11111 11111 11111 1111 1111 (11111 11111 11111 1111 1111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: ENCROACHMENT Recorded: 03/11/2014 Number of Pages: 7 At: 02:54:50 PM Receipt Number : 14-0030005 TRANSFER TAX NUMBER: 13-20720 LIBER: D00012766 PAGE: 526 District: Section: Block: Lot: 1000 097.00 03.00 011.009 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 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $120.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $200.00 TRANSFER TAX NUMBER: 13-20720 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages RECORDED 2014 Mar it 02:54:50 PM This document will be public JUDITH A. PASCALE record.Please remove all CLERK OF SUFFOLK COUNTY Social Security Numbers L D00012766 prior to recording. P 526 DT# 13-20720 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 �A Sub Total Notation Spec,/Assit. -' �p or EA-52 17 C t ) Sub Total Spec,/Add, (R.P.T,S.A.17(State) TOT.MTG.TAX t _ r vltl 'S�v fly Dual Town Dual County'� Held for Appointment mm. S. 00 Transfer Tax Affidavit ' ?`C Mansion Tax ° 1 The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 Sub Total U family dwelling only, _ _ YES or NO Other _ Grand Total �� If NO, see appropriate tax clause on page#_ of this instrument. I -IL'e 4 Dist. 2660549 5 Community Preservation Fund Real Property RP MIA IBilllllllli Illll fill IIIIIllllllllllll 3 Consideration Amount Tax Set Agency roOO 3o.JAN-14 CPF Tate Due $ Verification 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD '(RE, &RETURN T0, Vacant Land TD TD TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Titl Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name / www.suffolkcountyny.gov/clerk Title# $ Suffolk County Recording & Endorsement Page This page forms part of the attached `'"C/o"&S, gl"pj T made by: (SPECIFY TYPE OF INSTRUMENT) � CYG1hx3q() The premises herein is situated in SUFFOLK COUNTY,NEW YORK. ' �}? in the TOWN of fit. I4L �) In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK i#Y FIRIOR TO RECORDING OR FILING, over pT S R SMI A Stat ID: 2660549 30-JAN-14 �., Tax Maps District Secton Block Lot School District 1000 09700 0300 011009 MATTITUCK-CUTCHOGUE 1000 09700 0300 018009 MATTITUCK-CUTCHOGUE 4� ( f rf: t tai ENCROACHMENT AGREEMENT THIS AGREEMENT made this _J6n day of- t&/ , 2013, by John P. Connolly residing at 1496 Skunk Lane, Cutchogue, New York, party of the fir t part (hereinafter "Connolly") and John Joseph Tardif and Shelly E. Tardif, residing at g-oczS -Cutchogue, New York, party of the second part (hereinafter"Tardif'). a�t96 6 WITN ESSETH Connolly is the owner of real property commonly known as 1496 Skunk Lane, Cutchogue, New York described in a deed from Nico Realty Corp., dated May 10, 1999 recorded in the Suffolk County Clerk's Office on June 10, 19999 in Liber 11968 Page 582 described in Schedule A attached hereto (hereinafter referred to as the "Connolly premises"). John Joseph Tardif and Shelly E. Tardif are the owners of real property adjoining the Connolly premises westerly and more particularly described in Schedule B attached hereto (hereinafter referred to as the "Tardif premises"). A survey of the Connolly premises prepared' by Thomas Matarazzo Land Surveyor, dated October 6, 2013, discloses an asphalt driveway between the Connolly premises and the Tardif premises inside the southwesterly corner of the Connolly premises. The driveway that is shown on the survey appears to belong to the Tardif premises and therefore it encroaches onto the Connolly premises ("Tardif driveway"). Connolly hereby grants to Tardif permission for the Tardif driveway to remain so situate for as long as it shall remain in good condition. If the Tardif driveway is in need of inspection and/or repair, Connolly expressly grants Tardif a limited license to enter the premises to inspect and/or repair the Tardif driveway. Tardif hereby expressly understands and agrees that the Tardif driveway encroaches upon the Connolly premises and that the Tardif driveway may remain so long as it shall remain in good condition. If the Tardif,driveway needs to be inspected and/or repaired, Tardif has only a limited license to enter the Connolly premises for such inspections and/or repair. Tardif makes no claim for ownership now or in the future by adverse possession or otherwise to that portion of the real property situate between the southwesterly corner of the Connolly premises and the easterly side of the Tardif driveway. If Tardif, their heirs, successors and/or assigns desires to remove and relocate the Tardif driveway, Connolly, his heirs, successors and/or assigns expressly grants a license to Tardif to remove same, upon the express condition that Tardif shall upon relocation move the placement of the Tardif driveway back onto the Tardif premises, as shown on the survey attached as Exhibit A hereto, and restore the land by repairing any damage created by the removal of same. Tardif indemnifies and agrees to hold harmless Connolly, their heirs, successors and/or assigns from any claims, liability, actions or proceedings arising from the use or maintenance of the Tardif driveway by Tardif, their heirs, successors and/or assigns. The parties agree to the recording of this agreement in the Suffolk County Clerk's Office against the Connolly and Tardif premises in order to memorialize of record the understanding between the parties. Upon removal and relocation of the Tardif driveway, the parties agree to record a Termination of Encroachment Agreement against the Connolly and Tardif premises to remove this agreement of record. IN WITNESS WHEREOF, the parties have duly executed this agreement the day and year first above written. P. Connolly johgnse h a 6rd f 0 71 elly E. 'Tardy State of New York ss: County of On the 11Wk day of 2013, before me, the undersigned personally appeared A01 7--Ca,\ , 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 same in his capacity and that by his signature op the instr en individual, or the person upon behalf of which the individual acted, eyeqjted stru nt. Notary Pub\fi 1. KEVIN McLAUGHLIN Notary Public, State of New York Qualified in Albany Counly qj State of New York Commission Bp co ss: County of On the HA"day of t 2013, before me, the undersigned personally appeared ,X , personally known to me or proved to me on the basis of satisfactory evidence to he the individual whose name is subscribed to the within instrument and acknowledged to me that he executed same in his capacity and that by his signature on the in le individual, or the person upon behalf of which the individual acted, exec ted e in u ent. Notary lic 'ic 'I�Kv ,'IAUGHLIN Notary Public, State of Now York Qualified in Albany county commission Expire s(?� SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot No, 2 on a certain map entitled, "Minor Subdivision for Ronald Strain at Cutchogue, prepared for Nico Realty Corp, which map was filed in the Suffolk County Clerk's Office on 1125196 as Map No. 9799, said lot being bounded and described as follows: BEGINNING at the northeasterly corner of the herein described premises, said point being distant 273.27 feet westerly from the westerly side of Skunk Lane (Bay Avenue); RUNNING THENCE from said point of beginning South 13 degrees 53 minutes 30 seconds West 198.24 feet to Lot 1 on Map of Major Subdivision prepared for Francis Greenberger; THENCE along the lot aforementioned, the following two (2) courses and distances: 1. South 89 degrees 07 minutes 20 seconds West, 117.32 feet; 2. South 89 degrees 30 minutes 00 seconds West, 222.76 feet to Lot 4 on Map of Major Subdivision Prepared for Francis Greenberger; THENCE along the lot aforementioned, North 13 degrees 04 minutes 40 seconds East, 204.00 feet to the southeasterly corner of Lot 1 on Minor Subdivision Map prepared for Nico Realty Corp. THENCE along the lot aforementioned, North 12 degrees 10 minutes 38 seconds East, 122.17 feet to land now or formerly of Wayne J. Mott and Mary 0. Mott; THENCE along the land aforementioned, South 68 degrees 52 minutes 52 seconds East, 338.46 feet to the point or place of BEGINNING. TOGETHER with the benefits, but subject to the burdens of those certain non-exclusive right of ways created by easement agreements as described as follows: Easement Agreement dated February 24,.1997 made by Wayne Mott and Mary Mott, his wife to Nico Realty Corp. recorded March 17, 1997 in Liber 11820 Cp. 862, as more particularly bounded and described as follows: Easement Area: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at the northeasterly corner of the herein described premises being South 85 degrees 50 minutes 14 seconds West for a distance of 564.98 feet from where the division line between the southerly side of land now or formerly of Nico Realty Corp. and the northerly side of land now or formerly of Wayne J. Mott*and Mary 0. Mott intersects with the westerly side of Skunk Lane also known as Bay Avenue; RUNNING THENCE the following two (2) courses and distances along land now or formerly of Wayne J. Mott and Mary 0. Mott; SCHEDULE A(Continued) 1. South 12 degrees 10 minutes 38 seconds West, 121.15 feet; 2. South 68 degrees 52 minutes 52 seconds East, 25.31 feet; THENCE the following two (2) courses and distances: 1. North 12 degrees 10 minutes 38 seconds East, 128.59 feet; 2. North 85 degrees 30 minutes 14 seconds West, 25.23 feet to the point or place of BEGINNING. Easement Agreement dated May 19, 1999 made by Nico Realty Corp., Grantor to John P. Connolly and Dennis O'Clair, Grantees recorded June 30, 1999 in Liber 11972 Cp. 398. Nico Easement ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point along the westerly side of Skunk Lane (Bay Avenue) which point is the northeast corner of land of Wayne J. Mott and Mary O. Mott; RUNNING THENCE along the lands of Mott, North 85 degrees 50 minutes 14 seconds West a distance of 539.74 feet;. RUNNING THENCE along lands now or formerly of Macari, North 130 degrees 27 minutes 20 seconds East a distance of 25.33 feet; THENCE South 85 degrees 50 minutes 14 seconds East a distance of 559.11 feet to the westerly side of Skunk Lane; - THENCE along said westerly side of Skunk Lane South 00 degrees 05 minutes 50 seconds West a distance of 25.06 feet to the point of BEGINNING. District 1000 Section 097.00 Block 03.00 Lot 011.009 and Right of Ways over District 1000 Section 097.00 Block 03.00 Lots 011.003 and 011,004 SCHEDULE B ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being known and designated as Lot No. 4 as shown on a certain map entitled, "Map of Major Subdivision Prepared For Francis Greenberger" and filed in the Office of the Clerk of the County of Suffolk on April 30, 1993, as Map No. 9350. TOGETHER with ingress and egress to and from the above described premises over the un- named private road adjoining said premises, to the nearest public highway. District 1000 Section 097.00 Block 03.00 Lot 018.009 N, MAP cp $ nw ears � , n 3Q ico3 � R $ ri N f9.04,40,. k Y?z.f,- FL G1 ••gi�pp,, •]� �~ ��WAy -+-51.;�. �� '"�• 4 {� 7�s � 121,16' � t •i, + to A Qi 110 383• • s m to ^' tA M ��Vi�r i l7 x x 3 ti lit '1 Y N t SKUNK LANE jig C a a IH All �t �5