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HomeMy WebLinkAboutL 12766 P 527 l Illlltl titt II I II Illll 11111 Illli III II I IIII I IIII I III II II 1 111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: ENCROACHMENT Recorded: 03/11/2014 Number of Pages: 9 At: 02:54:50 PM Receipt Number : 14-0030005 TRANSFER TAX NUMBER: 13-20721 LIBER: D00012766 PAGE: 527 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 $45.00 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 $210.00 TRANSFER TAX NUMBER: 13-20721 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ao Number of pages RECORDED 2014 Mar- 11 02:54:50 PM This document will be public JUDITH G. PASCALE record.Please removeoll CLERK OF Social Security Numbers SUFFOLK COUNTY L D00012766 prior to recording. P 527 -20721 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES 5 _ Page/Filing Fee 30 Mortgage Amt, 1.Basic Tax Handling 20. 00 �—� 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total Spec./Add. EA-521 TOT.MTG.TAX Dual Town Dual County _ Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit + �s _ '? + Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES orNO Other � A Grand Total if NO, see appropriate tax clause on page# of this instrument. 4 1 Dist. S 2660551- 5 Community Preservation Fund Real Property P T S I I III C onsideration Amount$ Tax Service---- R SMI A J Agency—�- 30-JAN-14 CPF Tax Due $ Verification - - Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO; Vacant Land TD AlP?e FT TD TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Titl Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name i 7 04 ft S 37/ www.suffolkcountyny.gov/clerk Title# s Suffolk County Recording & Endorsement Page This page forms part of the attached ' i 'kf made by: } (SPECIFY TYPE OFIN RUMENT) ('Ytuwc tmCnf r The premises herein is situated in SUFFOLK COUNTY,NEW YORK.�s TO n In the TOWN of LOrr 0L-o In the VILLAGE 0 f- or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. a' over pT S � SMI �i wr Stat I©: 2660551 30-JAN-14 Tax Maps District Secton Block Lot School District 1000 09700 0300 011009 MATTITUCK-CUTCHOGUE 1000 09700 0300 018006 MATTITUCK-CUTCHOGUE `r'I ,1 4) IC ENCROACHMENT AGREEMENT THIS AGREEMENT made this /7 day of 2013, by John P. Connolly residing at 1496 Skunk Lan . utchogue, New York, party of the first part (hereinafter "Connolly") and Jeffrey and Amy Krasnoff, residing at 3155 Eugene's Road a/k/a 27 Private Road#8 a/k/a 275 Banks Street a/k/a 7 Banks Road, Cutchogue, New York, party of the second part (hereinafter"Krasnoff"). WITNESSETH 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"). Jeffrey Kransnoff and Amy Krasnoff are the owners of real property adjoining the Connolly premises southerly and more particularly described in Schedule B attached hereto (hereinafter referred to as the'Krasnoff premises"). A survey of the Connolly premises prepared by Thomas Matarazzo Land Surveyor, dated October 6, 2013, discloses a wood fence between the Connolly premises and the Krasnoff premises inside the Connolly premises. The fence that is shown on the survey appears to belong to the Krasnoff premises and therefore it encroaches onto the Connolly premises ("Krasnoff fence"). Connolly hereby grants to Krasnoff permission for the wood fence to remain so situate for as long as it shall stand in good condition. If the Krasnoff fence is in need of inspection, painting and/or repair, Connolly expressly grants Krasnoff a limited license to enter the premises to inspect, paint and/or repair the fence. Krasnoff hereby expressly understands and agrees that the Krasnoff fence, as shown on the attached survey, encroaches upon the Connolly premises and that the Krasnoff fence may remain so long as A shall stand in good condition. If the Krasnoff fence needs to be inspected, painted and/or repaired, Krasnoff has only a limited license to enter the Connolly premises for such inspections, painting and/or repair. Krasnoff 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 southerly boundary line of the Connolly premises and the Krasnoff fence. If Krasnoff, their heirs, successors and/or assigns desires to remove and replace the Krasnoff fence, Connolly, his heirs, successors and/or assigns expressly grants a license to Krasnoff to remove same, upon the express condition that Krasnoff shall upon replacement move the placement of the Krasnoff fence back to the division line between their respective premises, as shown on the survey attached as Exhibit A hereto, and restore the land by filling in any holes or other damage created by the removal of same. 1 The parties agree to the recording of this agreement in the Suffolk County Clerk's Office against the Connolly and Krasnoff premises in order to memorialize of record the understanding between the parties. Upon removal and relocation of the fence, the parties agree to record a Termination of Encroachment Agreement against the Connolly and Krasnoff pram' es t remove this agreement of record IN WITNESS WHEREOF, the parties have duly xecuted this agreement t day an year first above written. rJ Jon . Connolly Jeffr y IEraas � Amy Kras off State of New York } } ss: County of i- kl l ) On the 1 day of 2013, before me, the undersigned personally appeared w 4 Jv, --, $4 ,< , personally known to me or proved to me on th a is of s sfactory 6vidence be the individual whose name is subscribed to the within instrument and acknowledged to me -fie executed same in his capacity and that by his signature on the instnrm t, t ividual, or the person upon behalf of which the individual acted, executed the ins ent. cc YrtQ.��i�t1 JtIAk- NIHh 1 ii4?Ir liti# Notary public,State of New York Qualified in Suffolk County Notary Public No.4688821 Term Expires July 31,20 1-7 State of New York } } ss: County of � '�- } O the 1�d of +'; 2013, before me, the undersigned personally appeared 'k `r .n..,�.�.\,j . __.. , personally known to me or proved to me on the basis of satisfactory a dence 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 on the instrumeat, the individual, or the person upon behalf of which the individual acted, ex c ted the ' strum t. Notary Public r" j C ( � !. KEVIN McLAUG Notary Public, State of New York f� Qualified in Albany County • Commission Expires 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 Clerks Office on 1125196 as Map No. 9799, said lot being bounded and described as follows: BEGINNING at the northeasterly comer 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 I 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 comer 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 O. 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 comer 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 O. 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 O. Mott; . r 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 Q'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 comer of land of Wayne J. Mott and Mary 0. 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 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, known and designated as Lot #1 on a certain map filed in the Suffolk County Clerk's Office on 4130193 said Map No. 9350, Abstract No. 12228, which said Lot is more particularly bounded and described as follows: BEGINNING at a point set on the northwesterly line of Eugene's Road at the southwesterly comer of land now or formerly of Young, being the southeasterly comer of the premises herein described; RUNNING THENCE along said line of Eugene's Road South 63 degrees 36 minutes 50 seconds West, 125.00 feet to the easterly line of as 50 foot Private Road; RUNNING THENCE along said road line the following four(4) courses and distances: 1. Northwesterly along the arc of a regular curve bearing to the right having a radius of 30.03 feet, a distance of 63.23 feet; 2. North 04 degrees 16 minutes 30 seconds East, 238.72 feet; 3. North 38 degrees 51 minutes 30 seconds West, 216.54 feet; 4. Northwesterly along the arc of a regular curve bearing to the left having a radius of 50.00 feet, a distance of 99.09 feet to a point; RUNNING THENCE North 02 degrees 24 minutes 10 seconds West, 301.19 feet to lands now or formerly of Miraglia; RUNNING THENCE along said lands the following two (2) courses and distances: 1. North 89 degrees 30 minutes 00 seconds East, 222.76 feet; 2. North 89 degrees 07 minutes 20 seconds East, 117.32 feet to land now or formerly of Ditol la; RUNNING THENCE along said land North 89 degrees 22 minutes 50 seconds East, 35.42 feet to said land now or formerly of Young; RUNNING THENCE along said land South 02 degrees 55 minutes 50 seconds West, 755.74 feet to the northwesterly line of Eugene's Road, the point or place of BEGINNING. TOGETHER with a one-fourth (114) undivided interest, as tenant in common with the owners of Lots 2, 3 and 4 in such subdivision, in and to the road as shown on said subdivision map, said road being more particularly bounded and described as follows: BEGINNING at a point on the northwesterly line of Eugene's Road at the southeasterly comer of land of Parker, said point being 619.96 feet southwesterly along Eugene's Road from the westerly line of Bay Avenue or Skunk Lane; SCHEDULE B(Continued) RUNNING THENCE along said land of Parker and along land of Kaufman North 04 degrees 16 minutes 30 seconds East, 303.90 feet to the southeasterly comer of Lot 2 shown on "Map of Minor Subdivision prepared for Francis Greenberger filed in the Suffolk County Clerk's Office as Map No. 93.50; THENCE along Lot 2 North 38 degrees 51 minutes 30 seconds West, 196.78 feet; THENCE continuing along Lot 2 and along Lots 3, 4 and 1 shown on said map, westerly, northerly, easterly and southerly on a curve having a radius of 50.00 feet, a distance along said curve of 261.80 feet; THENCE continuing along Lot 1 the following three(3) courses and distances: 1. South 38 degrees 51 minutes 30 seconds East, 216.54 feet; 2. South 04 degrees 16 minutes 30 seconds West, 238.72 feet; 3. Southeasterly on a curve to the left having a radius of 30.03 feet, a distance along said curve of 63.23 feet to the northerly line of Eugene's Road; THENCE along said line of Eugene's Road South 63 degrees 36 minutes 50 seconds West, 113.452 feet to the point of BEGINNING. District 1000 Section 097.00 Block 03.00 Lot 018.006 EXHIBIT A F ���•k l r hi ' ,rr F� r ' r' t. '"OARED MAP qa.OM Y A�ucz��, �..� N 7.9•pp � '' i w+riaarx �p, � �� � •• �'�.. :f is "' -»wwt.•�„�sRNE�OM14yAY" '.�. - y $ �' :tt+",. is ?''"�j,•r. `j�s "�'H rr�o•ye•�r•�° j 6 ' �t�'1 � .0'�,• 1� ia,.ur � jsj�. M T 4N + IR s i +xE� j a x l 6� z j � s o•or ao'W z � SKUNK LANE piiaa