HomeMy WebLinkAboutL 12791 P 697 11111111 IIII VIII VIII VIII VIII VIII(IIII VIII ILII IIII
11111111III1111111III IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 10/09/2014
Number of Pages: 11 At: 11:49:21 AM
Receipt Number : 14-0133920
TRANSFER TAX NUMBER: 14-06602 LIBER: D00012791
PAGE: 697
District: Section: Block: Lot:
1000 107 .00 01.00 010.002
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
f Page/Filing $55.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $5.00 NO Notation $0.00 NO
Cert.Copies $0.00 NO RPT $180 .00 NO
Transfer tax $0.00 NO Comm.Pres $0 .00 NO
Fees Paid $280.00
TRANSFER TAX NUMBER: 14-06602
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
14% a
RECORDED
Number of pages /1 ,� 2014 Oct. 09 11:49:21 RM
JUDITH A. PASCALE
CLERI, OF
This document will be public SUFFOLK COUNTY
L D00012791
record.Please remove all F. 697
Social Security Numbers DT# 14-06602
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp' Recording/Filing Stamps
3 1 FEES
Page/Filing Fee J��'� Mortgage Amt.
1.Basic Tax
Handling 20. 00
2. Additional Tax
TP-584 -- Sub Total
Notation Spec./Assit.
or
EA-52 17(County) Sub Tota! 86— Spec./Add.
EA,52=1a=(State) TOT.MTG.TAX
i Dual Town Dual County
SRP'T-S-� Held for Appointment Ed. 5. 00 Transfer Tax
,
Aff?'Javit Mansion Tax
Certified Copy The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00G o 0 family dwelling only.
Sub Tota! YES or NO
' Other
Grand Total �= If NO, see appropriate tax clause on
page# of this instrument
,. S-1 S111203
4 Dist p t 2807502 5 1 Community Preservation Fund
Real Property P T SConsideration Amount$
Tax Service R DTY A k I I ul l ! I ` 117 —
Agency 08-OCT-1 I CPF Pax Due $ 4A +'
Verification
T Improve
L-
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
�y RECORD&RETURN TO: Vacant Land
PO-1/21 C. fL/ M-:� &(10 TO
6'�.-s S-j(grw A QT 4-La-
Gr-A2fS TD
guilt"' TD
S fD
Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name (-0P3 a
www.suffolkcountyny.gov/clerk Title# G _�j Q
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached comm a 161.1 �Y/made
by: (SPECIFY TYPE OF INSTRUMENT)
?Qr3��NA�c&t,. r`Z/ A-tt-I.RMVrLLE'aTh—remises herein is situated in 1
/aS,EVSl7��r M dfi, �r J VSFC o7Dw��
At4 D POO&I a'..�L N /2yGlt9JL t}t'L N LK COUNTY,NEW YORK.
TO In the TOWN of J 'J ,T"L1hly
AkPT`i Zr L 1-/4Z_P In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
MUFF
p T S
DTY A
Stat ID-. 1--2-8'0-7'-50-2'-'-1 OCT I
L-. - ----i 08-OCT-14
Tax Maps
District Secton Block Lot School District
1000 10700 0100 010002 MATTITUCK-CUTCHOGUE
1000 10700 0100 010003 MATTITUCK-CUTCHOGUE
1000 10700 0100 010004 MATTITUCK-CUTCHOGUE
Lf
COMMON DRIVEWAY AGREEMENT
THIS AGREEMENT, submitted this Js4 day of Avw 20!j by and between
TD BANK,N.A., formerly FRANKLIN LAMOILLE BANK, as Trustee of the MARTIN W. KRUSE
TRUST, c/o TD Wealth, 90 Pearson Boulevard,Gardner, MA 01440(hereinafter MARTIN W. KRUSE
TRUST),and DOUGLAS ELY, 386 Great Pond TSE Road, North Andover MA 01845 and RICHARD
ELY, 1683 Commonwealth Ave., Apt. 6, Brighton, MA 02135 (hereinafter collectively ELY), and
HEATH RICHARDS 3060 North Country Road, Wading River,NY 11792(hereinafter RICHARDS).
WHEREAS,the MARTIN W. KRUSE TRUST is the owner in fee of premises at Mattituck,
Town of Southold, County of Suffolk, State of New York, SCTM#1000-107.00-01.00-010.003 by deed
dated April 3, 1987, recorded in the Suffolk County Clerk's Office on April 4, 1987 1 Liber 10289 cp 17;
said premises being identified as Lot#I on"Minor Subdivision on Map of Land surveyed for Elsa
R. Kruse"consisting of 4 lots(the Minor Subdivision Map,annexed hereto as Schedule A), and
referenced on the survey by John Gallacher dated September 1, 2009 and redated October 8, 2010,a
copy of which is attached hereto as Schedule B,(the Gallacher Survey") . Said MARTIN W. KRUSE,
TRUST premises is vacant and shall hereinafter be referred to as Lot#I and is more fully described in
Schedule C; and
WHEREAS, ELY is the owner in fee of premises at Mattituck, Town of Southold,County of
Suffolk, State of New York, SCTM#1000-107.00-01.00-010.004, by deed dated April 20, 2012 and
recorded in the Suffolk County Clerk's Office on May 17, 2012 in Liber 12693 cp 634; said premises
being referenced as Lot#2 on the Gallacher Survey. Said ELY premises contains a seasonal home and
shall hereinafter be referred to as Lot#2, and is more fully described in Schedule D;and
WHEREAS, HEATH RICHARDS is the owner in fee of premises at Mattituck, Town of
Southold, County of Suffolk, State of New York, SCTM41000-107-1-10.2, by deed dated
a. a to be recorded in the Suffolk County Clerk's Office simultaneously herewith; said
premises being identified as Lot 43 on the Gallacher Survey. Said RICHARDS premises, on which
RICHARDS intends to construct a year round permanent home, shall hereinafter be referred to as Lot#3,
^
..
.. . . . ..
~ ` .
. ~ . . .
. ^
. .
. '
. ^
and ismore fully described inSchedule E;and
WHEREAS,the owners of Lots } and Zhave used atraveled dirt driveway traversing Lots 3and
400said map onucontinuous basis for many years, which dirt driveway ioshown onSchedule B, and
such owners are agreeable toreleasing their rights tnuse the dirt driveway based nnthe construction by
RICHARDS of a driveway on Lot 3 along the westerly boundary of Lot 3 and the easterly boundary of
Lots l and 2,within the 25 foot north-south right nfway over Lot 3 obnn/n oothe Gallagher survey(the
^^Nndh/SoothRight nfWuy")which North-South Right ofWay imdescribed iu Schedule F; and upon the
other agreements set forth herein; and
WHEREAS, Lots 1, 2 and 3 share in common a right of way over the North-South Right of Way.
NOW,THEREFORE in consideration of the mutual promises contained herewith,the receipt and
sufficiency ofwhich the parties acknowledge, the parties agree, for themselves,their successors and
assigns, as follows:
1. The North-South Right of Way as shown on the Survey by JOHN GALLACHER dated
September \, 20U9and redo1edOctober 8,2U| \ uadescribed inSchedule Fshall beperpetually used uma
right of way, containing a common driveway for use by the owners and occupants of Lots 1, 2and 3.
2. RICBARBS will construct the driveway within the North-South Right ofWay for the
benefit ofLots l, Zand 3, running from the intersection ofsuch North-South Right ofWay with the
westerly end of right of way running in an east-west direction along the northerly boundary ofthe Minor
Subdivision, which driveway will run southerly for a distance of 270 feet. Said driveway will have a
crushed concrete base and will he finished with blue stone blend and will beuminimum oftwelve feet in
width. Such construction will be completed within six months ofthe date of this agreement.
. -
3. HEATH RlCRARD3 hereby grants 1othe MARTIN W. KRD3ETROS'[ DOUGLAS ELY,
and Bl[B&RD ELY,their successors and assigns the perpetual right to use any portion of said driveway
and the North-South Bight of Way for purposes of ingress and egress and for the purpose
nfmaintaining the said driveway,
2
`
. . � .
. . . . ` .
. ` .
. .
. .
'
' 4. The MARTIN W. KRUSETRUST, DOUGLAS ELY and RICAARDELY hereby grant to
HEATH R)Cll/\RDB, their successors and assigns the perpetual right mnuse any portion ofsaid driveway
.
and the North-South Right of Way for the purpose of ingress and egress and for the purpose of
maintaining the said driveway.
5.THE MARTIN W. KRDSE TRUST, DOUGLAS ELY and RICHARD ELY release and
�
relinquish any claim o,right to traverse lot by the traveled dirt road as shown onthe Gallagher
survey and the subdivision map.
6. This agreement shall not constitute mrelease ofthe 25 foot rights ofway shown onthe subdivision
map, which rights of way the parties hereto acknowledge, for themselves, their heirs, successors and
assigns,orufany rights oyway granted 6vdeeds ofrecord.
TD BANK, N.A. AS TRUSTEE RICHARD ELY
OF THE MARTIN VY QROSETRU5T
By: _4
SCHEDULES:
&—MinorDuhdivis(on K4up
B—(Jai|aohmrSurvcy
C— Martin W. Kruse description, Lot |
0— Ely description, Lot 2
E— Richards description, Lot 3
F—North-South Right mf Way Description
�
��k�l ' n�6� m ��
l� i ° m/
���mo �
' 5�auno� �w`�ork, County —' ss:
On the I day ofAVIV41 inthe year 2O3, before me,the undersigned, personally appeared
HEATH R!CH&RDSpersonally known iomonrproved tonneonthe basis n[satisfactory evidence to be
the individuu|(x)whose namc(m) is(are)subscribed 0othe 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. km)acted,executed the
me
instru <:!:: I
(signature and office of individual taking acknowIegb%%0HurHES
'—ta ^ Public,state of New York
Nu01HUG102809 3
0vu|ifiedinNassau C»unty &m-
State(or District of Columbia,Territory,or Foreign Country)of COMMONWEALTH OF MASSACHUSETS
ss:
On the day of April in the year 2013 before me,the
undersigned,personally appeared
DOUGLAS ELY
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(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 persa
upon behalf of which the individual(s)acted,executed the instrument,and that such individual made su`WkW11111112NZ/2
appearance before the undersigned in the � ....... /j
in
(insert the City of er lolitical s ion) (and insert the State or Country or other pla f, �� IS"K
acknowledgment was taken)
(signature an office of incTrFidual laking acknowledgment) //�/j �r 41F1",1��\���
State(or District of Columbia,Territory, or Foreign Country)of COMMONWEALTH'. OF MASSACHUSETS
ss:
On the // day of April in the year 2013 before me,the
undersigned, personally appeared
RICHARD ELY
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(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
upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such
appearance before the undersigned in the
takeninsert the City'or other ft� it��jfid ivision)(and insert the State or Country or other place the acknowledgment was
~� �%• (signature of officer aking acknow dgement)
rye .^" jf�}b• Z
Slate(or District of C/t�( � ri �br Foreign Country)of COMMONWEALTH OF MASSACHUSETS
//tlll11111 ss:
On the 4111- day of April �r in the year 2013 before me,the
undersigned, personally appeared f'_ a 5K"i
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(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
upon behalf of which the individual(s)acted,executed the instrument,and that such individual made such
appearance before the undersigned in the
472 rd n a- IN JYJa Ila C&-5 f tf5
i (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was
I taken)
tAJ
(sigria ure and office of individual taking acknowledgment)
' b ' BRENDA L.WOODS
Notary Pub k
�s :✓ Messsttmsem
A Commission Expires dun B,2014 4
' »:
. ..� .
• .y
,tiff'i;!Y.' , : � ' .
r��r� { �� � i 1 �1
�^` r t� .
��t�`i������y�t1
,+•��j�.�1:r�I;.�l'�.
A# �},off.'!;
:ry � ' ,4"
".. .�f
:,�:a�.t
.Jr yL?C�y � � ff'.7
17111;1 � }.`�t�`�
t }ifi1�
.{�.�.�...s.M.ad.�.r�.�dS,N��_..A.rdlr.dlAr.4w"1.�
���dddFFF / ,,r
��, rJ 'z'
, - '^-k,-r•�~.:`.:� -..:�.:,�_:r..:.:. _....'..,..r~�,,.r,.._. � - ,_'�,w"� SCHEDULE A
A ' . `. .
vi
vm
to
Nq
ZVI
•• 'oV� t Y�� � � �r� � "°99J
4f 'n>Tra
♦ Ve
f
r
r S
In
y.
1 Ar.
«
It , 1a'. +1d (?;`'.f ✓�-.«» r-d]e•'1e. "f?+¢1ry�sMrw..t
7m rt4,1
17
.• � ;7�[k`� k"f r`��1 4-`� .. �—:L w.`F~ moi
C[i `� .�r 7'"'•� , �. .i �'� f F . �� fry _�
8R'
-��(y.^,s.•+�.�Mlf•4 .��z�.•-..•_' fJ'Iitt:..�U
L .�-:...-_.:.�+...........i. -^1i.tea. _�..i ..�.✓ .. .. -.�..'. •`- ?,'� +
SCHEDULE B
(ZI
?Z�❑ M!et
In
ezo
0nNp clax, O(A
.00
&0 b.
0;0
nrnQ
73
Pe
it
All
XYM 40,01a
mra
— A 19
r rn m
X a I
A
F?
I
0<
.0 mT
m,m
mmm I
to
m
�wt�'
c m
z 2g
Ag -
> 2
r" ;a70 '0
0, x
m
m
m Z
m4ut
r
AVM
xr
a,-kft
Oil ILI%
AP*"Gj jo�u
puryA
o
SCHEDULE C
,that certain plat, piece ar parcel'of land.vi �a
ate,Ijringand btingjuas at Matti�tucic; 'in 'the• Town of 'southold,• 'County of .
Suffolk ani3.:State of New Xork,.more particularly bounded and described
;as:.follows':.,
:BEGINNING:at a.,point which is the':southwest:'corner-.of the within
;described.premises which'. said point- is. distant:,23'4.59,:feet northerly. '
from'this intersection. of';the northwesterly point or, terniinits,of.
KnollWood. Lane and the ordinary high water.'mark„of Mattituck'.Creek
,on a bearing-'of North 4 degrees -16 -minutes 10 seconds;West. and from:'
said point or place -of beginning zunning .thence, in a northerly
,direction along the easterly side of Mattituck Creek' North 'l9 degrees-,
54 .minutes, 40 seconds West 160.00 .feet..to a:.point, and land`now,or.
•formerly`of' Hitchcack; running thence•in'an easterly, direction along
land 'now or formerly of Hitchcock'North -75,-degrees 05' minutes 20
seconds BAst. 304.46 feet- to a point;' running thence'.in a ,northerly
direction1along- the land. now or formerly of .Hitchcock North '2 degrees,
53 minute's:00, seconds west 91.33,' feet:to:a point; running-.thence in
'an easterly direction North 72 degrees- 2 V minutes 50 seconds East
137.14” feet to.a point; running thence,South: 14" degrees 54 minutes
''40.seconds East 255.84 feet to a point; :running thence South 75
degrees 05-minutes 20 seconds,West '460:47 .feet to a point on the
easterly. side, of Mattituck Creek and the point or place of.BEGINNING. '
SCHEDULE D
BEGINNING at a point formed by the easterly side of Mattituck Creek and the
northwesterly point or terminus.of Knoll wood Lane and running thence along a tie line
running in a northerly direction on the easterly side of Mattituck Creek North 8 degrees
34 minutes 50 seconds West 234.59 feet+- to a point and the southerly line of other
premises now or formerly of Franklin Lamoille Bank as Trustee for Martin W. Kruse;
running thence along the southerly side in an easterly direction of the aforesaid premises
North 75 degrees 05 minutes 20 seconds East 460.47 feet to a point; running thence
South 14 degrees 54 minutes 40 seconds West 131.78 feet to a point; running thence
South 51 degrees 49 minutes 30 seconds West 23.95 feet to a point; RUNNING
THENCE South 64 degrees 35 minutes 10 seconds West 490+- feet to the point or place
of BEGINNING.
SCHEDULE E
AMENDED 11/18/10
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, more particularly bounded and described as follows:
BEGINNING at a point distant the following two(2) courses and distances from a point formed by
the intersection of the easterly side of Mattituck Creek with the northwesterly terminus of
Knollwood Lane:
1) North 64 degrees 35 minutes 10 seconds east a distance of 490 feet more or less.'
2) North 51 degrees 49 minutes 30 seconds east a distance of 23.95 feet to the true point or
place of beginning,
RUNNING THENCE north 14 degrees 54 minutes 40 seconds west a distance of 387.62.
THENCE north 72 degrees 21 minutes 50 seconds east a distance of 223.00 feet.
THENCE north 61 degrees 23 minutes 30 seconds east a distance of 102.68 feet,
THENCE south 14 degrees 54 minutes 40 seconds east a distance of 283.88 feet,
THENCE south 51 degrees 49 minutes 30 seconds west a distance of 351.05 feet the point of
place of BEGINNING.
Together with the benefits and subject to the burdens of right of way easements as recited in
deed Dated 4/3/1987 ReoDrded 4/7/1987 in Liber 10289 Page 3.
SCHEDULE F
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, more particularly bounded and described as follows:
BEGINNING at a point distant the following two(2) courses and distances from a point formed by
the intersection of the easterly side of Mattituck Creek with the northwesterly terminus of
Knollwood Lane:
1) North 64 degrees 35 minutes 10 seconds east a distance of 490 feet more or less.
2) North 51 degrees 49 minutes 30 seconds east a distance of 23.95 feet to the true point or
place of beginning.
RUNNING THENCE North 14 degrees 54 minutes 40 seconds West a distance of 387.62 feet;
21 minutes
THENCE North 72 degrees60 minutes East a distance of 223 feet',
THENCE North 61 degrees 23 minutes East a distance of 102.68 feet;
THENCE South 14 degrees 54 minutes 40 seconds East a distance of 25.71 feet;
THENCE South 61 degrees 23 minutes 30 minutes West a distance of 98.99 feet;
.THENCE South 72 degrees 21 minutes 50 seconds West a distance of 201.56 feet-,
THENCE South 14 degrees 54 minutes 40 seconds East a distance of 353.06 feet;
THENCE South 51 degrees 49 minutes 30 seconds West a distance of 27.21 feet to the point or
place of BEGINNING.