HomeMy WebLinkAboutL 12783 P 332 ��i�iiii ilii iiiii�iiii iiii�i�iii iiiii i��ii iiiii ilii iiia
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 08/01/2014
Number of Pages: 12 At: 01:52 :30 PM
Receipt Number : 14-0100543
TRANSFER TAX NUMBER: 14-00122 LIBER: D00012783
PAGE: 332
District: Section: Block: Lot:
1000 126.00 09.00 015.000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $60.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $10.00 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 $230 .00
TRANSFER TAX NUMBER: 14-00122
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
i
• 7
I
I
Number of pages RECORDED
2011 Auq 01 01:52-30 Pti
jUDITH A. PASCALE
This document will be public CLERK OF
SUFFOLK COUNTY
record. Please remove all L D00012783
Social Security Numbers P 332
prior to recording. IST# 14-00122
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recoding/Filing Stamps
3 P>Es
Page/Filing Fee CLQ /1 Mortgage Amt.
1 1. Basic Tax
Handling //20. 00 2. Additional Tax
TP-584a -� Sub Total
Notation Spec./Assit.
or
EA-52 17(County) Sub Total Spec /Add.
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A.�
c Dual Town Dual County,_„
Held for Appointme��,.-
Comm.of Ed. 5. 00 � Transfer Tax
Affidavit + , Mansion Tax
Certified Copy � The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Other
Sub Total YES or NO
//''''''��
Grand Total G�3 0 If NO,see appropriate tax clause on
page# of this instrume t.
2766223 1 T1
4 Dist. 19 0o P T S is
�+JW 5 Community Preservation Fund
RealProperty R SMI A J i
Tax Service 30JUL-14 Consideration Amount$ _—
Agency i CPF Talc Due $
Verification
Improved
—
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
( Sen f D (Sen i L L P TD
6 TD
TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 L Title Company Information
310 Center Drive, Riverhead, NY 11901 ame FIDELITY NATIONAL TITLE
www.suffolkcountyny.gov/clerk
Title#
8 Suffolk Count Reeordin & Endorsement Page
This page forms part of the attached p v n of ar �'" IFT /'2 e^�4.4- made by:
i
(SPECIFY TYPE OF INSTRUMENT)
t41,,e-r anal
The premises herein is situated in.
A n n lit J'w tt SUFFOLK.COUNTY,NEW YORK.
TO In the TOWN of
i
J4 FA"` 'I!, Tl- s 4- In the VILLAGE
' or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
ez-oia,..miost¢
(over)
pT S
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Stat Id: 2766223snni A
_ 30-JUL-14
Tax Maps
District Secton Block Lot School District
1000 12600 0900 015000 MATTITUCK-CUTCHOGUE
1000 12600 0900 018000 MATTITUCK-CUTCHOGUE
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BOUNDARY LINE AGREEMENT
THIS AGREEMENT made the 27'h day of June, 2014,between ELIZABETH A.
SMITH and CAROL M. SMITH,AS TRUSTEES OF THE SMITH FAMILY
TRUST("Smith Trust") with an office at c/o Attorney William F. Andes,Jr,224
Griffing Avenue, Riverhead,New York 11901, party of the first part,and BRADY S.
ULMET and KIM ANN ULMET ("Ulmet"), residing at 403 Masters Road, Laurel,
New York 11948, party of the second part,
WITNESSETH:
WHEREAS, the party of the first part is the owner in fee simple of certain
premises known as 8145 Peconic Bay Boulevard, Hamlet of Mattituck, Town of
Southold, County of Suffolk and State of New York, more fully described on annexed
Schedule "A,"and designated as SCTM No. 1000-126-09.00-15.000 (hereinafter the
"Smith Family Trust Property"); and
WHEREAS, the party of the second part are the owners in fee simple of certain
premises known as 403 Masters Road, Hamlet of Laurel,Town of Southold, County of
Suffolk and State of New York, more fully described on annexed Schedule "B," and
designated as SCTM No. 1000-126.00-09.00-018.00(hereinafter the "Ulmet Property");
and
WHEREAS, the Smith Family Trust Property and the Ulmet Property are
adjoining parcels of real property with a common boundary as shown on a Survey of the
the Smith Family Trust Property, prepared by Kenneth M. Woychuk Land Surveyor,
PLLC dated May 26, 2014, a copy of which is annexed hereto as Schedule "C" and made
a part hereof; and
1
f
WHEREAS, said survey shows a certain shed on the Ulmet Property encroaching
upon the premises of the Smith Family Trust Property along the common boundary line,
which shed is owned by Ulmet; and
WHEREAS, the parties to this agreement want to specify their respective rights
and obligations concerning said shed and said encroachment.
NOW THEREFORE, in consideration of the promises and of the sum of one
dollar by each of the parties hereto to the other in hand paid,the receipt of which is
acknowledged, the parties, for themselves, their successors and assigns, covenant and
agree as follows:
1. The Smith Family Trust is the owner in fee simple of the Smith Family Trust
Property and Ulmet is the owner in fee simple of the Ulmet Property. The parties hereto
agree that the common boundary between the two properties shall be the record line as
set forth in the legal descriptions annexed hereto and as depicted on the aforementioned
survey shown in Schedule "C"
2. Ulmet hereby acknowledges that the shed does encroach on the Smith Family
Trust Property.
3. It is specifically agreed that the use and existence of the shed on the Smith
Family Trust Property shall not be deemed adverse possession, nor shall the use thereof
be considered as granting Ulmet any rights whatsoever in the Smith Family Trust
Property, and the continued use of said lands shall be by permission of the Smith Family
Trust,as specifically set forth in this agreement, and Ulmet hereby releases and
quitclaims unto the Smith Family Trust, its heirs, legal representatives, successors and
2
assigns forever, all of his right,title and interest in and to any land lying to the south of
the said boundary line so established.
4. It is agreed that on or before September 30, 2014, Ulmet,their heirs, successors
and assigns shall move the shed completely over the boundary line and completely onto
the Ulmet property.
5. This agreement contains the entire agreement of the parties and no
modification or alteration of the agreement can be made unless in writing and signed by
the parties hereto.
6. This agreement shall be binding on the parties hereto and inure to the benefit
of their respective heirs, legal representatives, successors and assigns.
7. It is mutually covenanted and agreed by and between the parties hereto that
this agreement shall run with the land and bind the respective heirs,executors,
administrators and assigns of each of the parties hereto.
8. This agreement may be executed in counterparts.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written.
9"4x&� 00,40-&"
ELIZABETH A. SNWh CAROL M. SMITH,
AS TRUSTEE OF THE AS TRUSTEE OF THE
SMITH FAMILY TRUST SMITH FAMILY TRUST
t:,46 aAh C��"O�" W�1;IT
iiuff— S.JU LWE KIM ANN ULMET
3
i
STATE OF AIA }
ss..
P5njTY OF )
On the ib day or+u the year 2014, before me,the undersigned, personally
appeared ELIZABETH A. SMITH, 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 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 Public
STATE OF
CHRISTINA E. MEIER
�+" 5s.: Notary Public-Reg.#214055
COUNTY OF��� LU-� Q } Commonwealth of Virginia
My Commission fres Sep.30,2014
On the r-,�f day of J the year 2014, before me,the undersigned, personally
appeared CAROL M. SMITH,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 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(Public
a
LORRAINE M GOODMAN
NOTARY PUBLIC
STATE OF DELAWARE
INy canmipba aypin f0im"2a,2015
STATE OF NEW YORK }
ss.:
COUNTY OF SUFFOLK)
4,
On the q7 day of June in the year 2014,before me,the undersigned, personally
appeared BRADY S. ULMET and KIM ANN ULMET,personally known to me or proved
to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to
the within instrument and acknowledged to me that they executed the same in their capacities,
and that by their signatures on the instrument,the individuals, or the persons upon behalf of
which the individuals acted,executed the instrument.
MIWo F.ANDES A
nOTARYmm,si-ATF OF NEW YORK Notary Public
QUALIFIED IN%ffOLK COUNTY
NO'DWI50 616
WY COON EXPIRES NOV.2'3,201� w0,;L R M 5a0 y 8 I(o s .� R
4 ►1/2-V
SCHEDULE A
Fidelity National Title Insurance Company
TITLE NO.F14-7404-94486-SUFF
SCHEDULE A-1 (Description)
Amended 06/02/14
ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, Suffolk County, New
York, bounded and described as follows:
BEGINNING at a point on the northwesterly side of Peconic Bay Boulevard where the same is intersected by the easterly
boundary line of land now or formerly of Elyse Borak, said point being 398.0 feet northeasterly as measured along the
northwesterly side of Peconic Bay Boulevard from the comer formed by the intersection of the northeasterly side of Bray
Avenue; with the northwesterly side of Peconic Bay Boulevard;
RUNNING THENCE from said point or place of beginning along said last mentioned land, North 48 degrees 27 minutes
40 seconds West, 212.88 feet;
RUNNING THENCE still along said lands and along land now or formerly of James and Theresa Kattau, North 2
degrees 04 minutes 10 seconds West, 161-56 feet to land now or formerly of Riches Family 2012 Irrevocable Trust;
RUNNING THENCE along said land and land now or formerly of William McDermott North 00 degrees 32 minutes 20
seconds West, 199.84 feet;
RUNNING THENCE along lands of Paul Gadigan and Theresa M. Gadigan, South 28 degrees 39 minutes 40 seconds
East, 486.33 feet to the northwesterly side of Peconic Bay Boulevard; and
THENCE along the northerly side of Peconic Bay Boulevard, South 41 degrees 10 minutes 00 seconds west, 100.57 feet
to the point or place of BEGINNING.
TOGETHER with a right of way as a means of ingress and egress to and from Peconic Bay over all the certain lot, piece
or parcel of land at Laurel, in the Town of Southold, County of Suffolk and State of New York, bounded and described as
follows:
BEGINNING at a highway monument at the northwesterly comer of land of A.L Downs, and from said point of
beginning
RUNNING THENCE South 27 degrees 2 feet East (through a monument and stake set to the north of Peconic Bay) 377
feet along the land of A.L. Downs to Peconic Bay;
THENCE westerly along said Bay, 10 feet to land formerly of St. Clair Hester;
THENCE northerly and parallel with the first course along said land formerly of St. Clair Hester to Peconic Bay
Boulevard aforesaid;and
THENCE easterly along Peconic Bay Boulevard to the point or place of BEGINNING.
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEYANCING ONL K Together with all the right, title and interest of the party of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULEA-1 (Description)
Schedule A Continued ;
TOGETHER with a right of way in favor of the party of the second part, their heirs and
assigns,as a means of ingress and egress to and from Peconic Bay over all the certain lot,
piece or parcel of land at Laurel,in the Town of Southold,County of Suffolk and State of
New York,bounded and described as follows:
BEGINNING at a highway monument at the northwesterly comer of land of A.L.Downs
and from said point of beginning running South 27 degrees 2 feet East (through a
monument and stake set to the north of Peconic Bay), 377 feet along the land of A.L.
Downs to Peconic Bay; thence westerly along said Bay i0 feet to land formerly of St.
Clair Hcsler;thence northerly and parallel with the first course along said land formerly
of st.Clair Hester to Peconic Bay Boulevard aforesaid;and thence easterly along Peconic
Day Boulevard to the point or place of 0EGM NIG.
J
SCHEDULE B
ALL that certain plot,piece or parcel of land with the buildings and improvements
thereon erected, situate, lying and being at Mattituck, Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point which is the Northeast comer of Lot No. Eight (8)on Map of
property of Dan J. Stack at Laurel, Long Island,New York, made by Daniel R. Young,
C.P.E. and L.S., dated July 2, 1926, duly filed in the Office of the Clerk of Suffolk
County as Map No. 815 on July 30, 1926, and then proceeeding South 43 degrees 31
minutes 50 seconds West 40.60 feet to a monument marking the true point of beginning;
and
THENCE Southwest South 43 degrees 31 minutes 50 seconds West along the
Northwesterly side of said Lot No. 8, 109.13 feet to a monument;
THENCE again Southwest South 43 degrees 37 minutes 30 seconds West 100.18 feet to
a monument on the boundary of land now or formerly of W.A. Smith;
THENCE North 26 degrees 27 minutes 00 seconds West 87.98 feet to a monument;
THENCE North 26 degrees 27 minutes 00 seconds West 2.18 feet;
THENCE North I degree 37 minutes 50 seconds East 82.10 feet to a monument on the
boundary of land now or formerly of K. Tuthill;
THENCE again North 3 degrees 31 minutes 30 seconds West 243.19 feet to a monument
on the boundary of land now or formerly of A. Johnson;
THENCE North 67 degrees 20 minutes 00 seconds East 60.24 feet to a right of way;
THENCE South 11 degrees 19 minutes 00 seconds East 2.28 feet to a monument on the
Westerly boundary of said right of way;
THENCE South 11 degrees 19 minutes 00 seconds East282.79 feet along said right of
way to a monument on the boundary of said right of way;
THENCE South 11 degrees 19 minutes 00 seconds East 3.09 feet;
THENCE along the arc of a circle having a radius of 60.13 feet, 94.45 feet to the true
point or place of BEGINNING.
SCHEDULE C
5.0 M, N0, DISTRICT: 7000 SECTION: 126 BLOCK,9 LOT(S):75 LAND N/F
OF MON,
WILLIAM MCDERMOTT
I , L.-O USED A
BY OTHERS
\ \ LAND N/F
+ OF
ANN KIM
9-E ULVET S. BRADY
52 0'S
a'w rvV
SHED
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LAND N/F
or
RICHES FAMILY 2012
IRREVOCABLE TRUST
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MON.
LAND N/F G;
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JAMES A IYAT7AU v
THERESA V. FATNAU ♦t V4
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m �,0 PAULO CADIGIAN
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56.7
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LAND N/F
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398.0'
MONL' N4T'I0'00"E 100.57'' ;SSA
vAKVLNI
PECONIC BAY BOULEVARD
THE WATER SUPPt Y. WELLS, ORYW£LLS AND CESSPOOL
LOCATIONS SHOWN ARE FROM FIELD 08SERVA PONS
AND OR DATA OBTAINED FROM OTHERS.
V.P.
ARE A: 51,626.39 SOFT, or 1.19 ACRES £LEVA TOW DATUM: _________________________
UNAUTHORIZED AL T£RA 71ON OR ADOINCNT TO IH15 SURVEY IS A 1,10LA74ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY
MAP NOT BEARING THE LAND SURVfrIDWS EMBOSSED SEAL SHALL NOT BE CONSIDER£0 TO BE A VALID TRUE COPY GUARANTEES INDICATED HEREON SHALL RUN
ONLY TO 7HC PERSON FOR *HOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND L£NONG INSTITUTION
LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING ENSBTUTION, GUARANTEES ARE NOT TRANSFERABLE,
THE OFFSETS OR OAACUSICArS SHOWN HEREON FROM THE PROPERTY LINES 70 THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE
NOT INTENDED TO MONUMENT TNF PROPERIEr ONES OR TO GUIDE THE ERECBON OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS
AND/OR SUBSURFACE STRUMURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE BM£Or SURVEY
SURVEY DF: DESCRIBED PROPERTY CERTIFIED T0: JOHN TEMPLE;
MAP OF: KARA GILMOUR;
FILED:
FIDELITY NATIONAL TITLE INSIR.ANCE;
SITUATED AT: LAUREL
TOWN OF:SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC
SUFFOLK COUNTY, NEW YORK Professions! Lend -Ne and Design
P.O. Dox 153 Aquebogueegue, Nen York I1831
FILE Y 14-69 SCALE: 1"=40' DATE: MAY 26, 2014 PHONE (691)298-1588 FAX (GUI)298-1588
N.Y.S. LISC. NO. 05088? >num.hlni th,r—d,nE RnL.a L.e.... X....Lh Y.Roychur