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HomeMy WebLinkAboutL 12802 P 76SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 12/30/2014 Number of Pages: 8 At: 11:12:10 AM Receipt Number : 14-0171389 TRANSFER TAX NUMBER: 14-14132 LIBER: D00012802 PAGE: 076 District: Section: Block: Lot: 1000 108.00 04.00 007.047 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument JUDITH A. PASCALE County Clerk, Suffolk County Exempt Exempt Page/Filing $40.00 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 $210.00 TRANSFER TAX NUMBER: 14-14132 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Y- • Number of This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2014 Dec 30 11:12:10 AM JUDITH A. PASC:ALE CLERK OF SUFFOLK COUNTY L D00012802 P 076 DT# 14-14132 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording /Filing Stamps 3 FEES Page / Filing Fee Mortgage Amt. Handling 20. OU 1. Basic Tax 2. Additional Tax TP -584 K'2 Sub Total Notation Spec./Assit. EA -52 17 (Count) Sub Total 7_ __�7t or Spec. /Add. EA -5217 (State TOT. MTG. TAX R PTS/N _ Dual Town Dual County_ Held for Appointment Comm.fof Ed., S. 00 Transfer Tax L Affidavit yb, ��+ Mansion Tax Certified Copy The property covered b this mortgage is P P Y Y NYS.�,jurcharge � �( 15. 00 �7 o or will be improved by a one or two family dwelling only. Other�� Sub Total YES or NO r► Grand Total O` ( 0 If NO, see appropriate tax clause on Page # of this instrument. 4 Dist.(pt t 2852657 Prope� 9 q7Real T 1111111111 Jill 1111111111101 Jill R CWHp Community Preservation Fund Consideration Amount $4e Tax Service 22 -DEC -1 Agency Verification ---- _..... CPF Tax Due $ Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land g e�tl TDPQ- 7i 1., )G <ofa TD 6'.txrcho5La , NL( t C4 3 S" TD Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk , Co. Name FIDELITY NATIONAL TITLE Title # [L{- /7 f c)(4— 8Suffolk Count Recording& Endorsement Pa: This page forms part of the attached f 0Lt-.VCtAE:V 1., i made by: (SPECIE TYPE OF INSMENT) The premises herein is situated in, Ar; ST,'^Ae M -Alp yLr.O SUFFOLK COUNTY, NEW YORK. TO In the TOWN of—...S p,e �; c rt5✓►lQr (�1e4._� In the VILLAGE ICa7hltertl (IMM,rtNJ4, or HAMLET of ,4=; ^177Us BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. rz,o,w..iwoeuk (overl p S Stat ID: R cwH A 2852657 22-DEC-14 Tax Maps Block L District Secton ac t School District o 1000 10800 0400 007047 MATTITUCK-CUTCHOGUE 1000 10800 0400 007048 MATTiTUCK-CUTCHOGUE BOUNDARY LINE AGREEMENT Agreement made the3p"T'- day of September, 2014by and between DANIEL L. MALONE and CHRISTINE MALONE, his wife, both residing at 2210 Gabriella Court, Mattituck, New York (hereinafter referred to as MALONE); and CHRISTOPHER BUCKLEY and KATHLEEN S. COMMANDER, his wife. both residing at 2060 Gabriella Court, Mattituck, New York (hereinafter referred to BUCKLEY & COMMANDER) WHEREAS. MALONE are the owners of certain premises commonly known as 2210 Gabriella Court, Mattituck, New York, bearing Suffolk County Tax Map No. 1000-108.00-04.00-007.048, shown as Lot 2 on the "Subdivision Map of Elijah's Lane Estates Section 3 filed in the Suffolk County Clerk's Office on October 8, 1996 as Map No. 9913", more particularly described in Exhibit A attached hereto and made a part hereof.; and WHEREAS, BUCKLEY & COMMANDER are the owners of certain premises commonly known as 2060 Gabriella Court, Mattituck, New York, bearing Suffolk County Tax Map No. 1000-108.00-04.00- More, e4r4ic.lofly deserrbee) in Ex k.644 -D 4 {,,,4ed kerdo 007.047, shown as Lot 1 on the aforesaid subdivision snap; and WHEREAS, the properties belonging to MALONE and to BUCKLEY & COMMANDER are adjoining as set forth on the survey made by Kenneth M. Woychuk Land Surveying, PLLC, dated August 20. 2014, which is attached hereto and made a part hereof as Exhibit B; and WHEREAS, the said survey provided to BUCKLEY & COMMANDER and annexed hereto as Exhibit 13 indicates that a portion of a certain 6' stockade fence is located on the property owned by MALONE. which said fence is located up to 1.4 feet west of the common boundary line between said properties of MALONE and BUCKLEY & COMMANDER. NOW, THEREFORE, the parties hereto agree, as follows: 1. That the common boundary of the premises of MALONE and BUCKLEY & COMMANDER is accurately shown on Exhibit B . That said common boundary line begins at the northeasterly side of Gabriella Court and runs North 52 degrees 19 minutes 20 seconds East a distance of 262.23 feet. 2. That all of the above clauses are incorporated herein with as much force and effect as if more fully set forth herein at length., 3. That MALONE agrees to pay all fees associated with the preparation and execution of this agreement. including but not limited to the recording fee for same. 4. That in consideration of the foregoing and upon the mutual promises of the parties hereto, the parties agree that they will make no claim against the other to any of the property at issue herein either by adverse possession or otherwise and particularly MALONE makes no claim as to any property east of the common boundary line set forth in Paragraph I above and BUCKLEY & COMMANDER makes no claim as to any property to the west of the common boundary line set forth in Paragraph I above. 5. That the parties further agree that they will execute any and all other documents necessary to incorporate the terms of this Agreement including, but not limited to the Acknowledgment of No Claim By Reason of Encroachments annexed hereto as Exhibit C- 6. That the parties hereto covenant and agree that this agreement shall be binding on their respective heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have signed this agreement the day and year first abov en, DANIEL L. MA .0114E . COM C STOP AO4CR41STINE ink' R ACKNOWLEGMENT IN NEW YORK STATE (RPL 309-b) State of New York, County of Suffolk ss.: On the 7"day of October, 2014 before me, the undersigned personally appeared DANIEL L. MALONE and CHRISTINE MALONE 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(les), 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. NOT PUBLIC ROBERT DEFRESE Notary Public state of New York No. OIDE5035117 Ousfifed in Suffolk County Commission Expires Odober 24, 2014 ACKNOWLEGMENT IN NEW YORK STATE (RPL 309-b1 State of New York, County of Suffolk ss.: f On the 3D day of September, 2014 before me, the undersigned personally appeared, CHRISTOPHER BUCKLEY and KATHLEEN S. COMMANDER known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose narne(s is (are) subscribed to the within instrument and acknowledged to me that he/she/they ' executed the same in his/her/their capacity(ics), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of whi"e individual(s) acted, executed the instrument. — /Z Z/ NOTARY PUB= SrICAVI V. C-00Y)OK FIRLAN V. CONNOR Notelf Public, State of Now York No, 02COBI51470 Ouslified In Nassau County Commission Expires August'21, 20.19 Fidelity National Title Insurance Company TITLE NO. F14-7404.95385-SUFF SCHEDULE A-1 (Description) ALL that certain plot, piece or parcel of land, situate, lying and being at Mat ituck, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot 2 on Map of Elijah's Lane Estates, Section 3, filed in the Suffolk County Clerk's Office on October 8, 1996, as Map No. 9913, bounded and described as follows: BEGINNING on the easterly side of Gabriella Court distant 294.05 feet northerly from the most northerly end of a curve connecting the easterly side of Gabriclla Court with the northerly side of Tabor Road; RUNNING THENCE North 37 degrees 40 minutes 40 seconds West, 153.99 feet along the easterly side of Gabriella Court; THENCE North 52 degrees 19 minutes 20 seconds East, 260.70'fcet to the line of Map of Elijah's Lane Estates Section 1; THENCE South 38 degrees 14 minutes 50 seconds East, 154.00 feet along the map line of Map of Elijah's Lane Estates Section 1; THENCE South 52 degrees 19 minutes 20 seconds West, 262.23 feet to the easterly side of Gabriella Court, the point or place of BEGINNING. EXHIBIT A THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements an the premise: which bylaw constitute real property. FOR CONVEYANCING O!*'L Y. Together with all the right, title and merest of rhe party of the first part, of in and to the land lying in the street in front of and adjoining said premises. . SCNEDULEA-1 (Description) :—mo,9v'..--_--__—_ 0,146,111-3M ACKNOWLEDGMENT OF NO CLAIM BY REASON OF ENCROACHMENTS STATE OF NEW YORK) COUNTY OF SUFFOLKIss.: CHRISTOPHER BUCKLEY and KATHLEEN S. COMMANDER, each being duly sworn, hereby depose and state as follows: That we are over the age of eighteen years. That we are the fee owners of real property known as 2060 Gabriella Court, Mattituck, New York, which is known and designated as Suffolk County Tax Map No. 1000-108.00-04.00-007,047 and is more particularly described in Exhibit B annexed hereto and made a part hereof. That said property is located generally to the east of the premises known as 2210 Gabriella Court, Mattituck, New York which is known and designated as Suffolk County Tax Map No. 1000-108.00-04.00- 007,048 owned by DANIEL L. MALONE and CHRISTINE MALONE. Our westerly property line abuts the easterly property line of MALONE. That we own a certain 6' stockade fence, a certain portion of which is set inside the MALONE property up to approximately IA feet west of their easterly property line. That we have not, in the past, nor do we now, make any claim of ownership, actually or by adverse possession, to any of the property owned by MALONE as shown on the survey made by Kenneth Woychuk Land Surveying, PLLC dated August 20. 2014 and attached hereto as Exhibit C, which we have reviewed and more particularly being the land that lies between the common property 1 ine as shown on said survey and the said 6stockade fence. It is covenanted and agreed that this affidavit shall be binding D"'� P'a , Ci4RISTOP1IER13UCKLtV Both sworn to before me this day of Septem 2014. NOTARY PUBLIC sf 1GR V. Covtna✓ BRIAN V. CONNOR •t-- Nfty Public State of New Ywlt No. 02CO6151470 Ckelifled in Nassau County C"Mission Expires August 21. 30 l r EXHIBIT D ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot 1 on Map of Elijah's Lane Estates, Section 3 filed in the Suffolk County Clerk's Office on October 3, 1996, as Map #9913 being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Gabriella Court distant 139.94 feet northerly from the most northerly end of a curve which connects the easterly side of Gabriella Court with the northerly side of Tabor Road; RUNNING THENCE northerly along the arc of a curve on the easterly side of Gabriella Court having a radius of 1907.49 feet a distance of 136.36 feet to a point; THENCE continuing from said point, North 37 degrees 40 minutes 40 seconds West 17.75 feet along the easterly side of Gabriella Court; THENCE North 52 degrees 19 minutes 20 seconds East 262.23 feet; THENCE South 38 degrees 14 minutes 50 seconds East 154.00 feet; THENCE South 52 degrees 19 minutes 20 seconds West 258.89 feet to the easterly side of Gabriella Court to the point or place of BEGINNING.