HomeMy WebLinkAboutL 12816 P 179SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 05/07/2015
Number of Pages: 9 At: 11:54:28 AM
Receipt Number : 15-0061301
TRANSFER TAX NUMBER: 14-24769 LIBER: D00012816
PAGE: 179
District: Section: Block: Lot:
1000 108.00 03.00 005.002
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
$45.00
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
$270.00
TRANSFER TAX NUMBER:
14-24769
THIS PAGE
IS A PART
OF THE INSTRUMENT
THIS IS NOT
A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages I
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
RECORDED
2015 May 07 11:54:20 All
JUDITH A. PASCALE
CLERK OF
SUFFOLK COUNTY
L D000128t
P 179
DT# 14-24769
Deed / Mortgage Instrument I Deed / Mortgage Tax Stamp I Recording / Filing Stamps
FEES
Page / Filing Feel
(
Mortgage Amt.
1, Basic Tax
Handling 20, 00
2. Additional Tax
TP -584
Sub Total
Spec./Assit.
Notation
-�7
`�
or
EA -52 17 (County) Sub Total
Spec. /Add.
EA -5217 (State)
TOT. MTG. TAX
R.P.T.S.A.
Dual Town Dual County
Held for Appointment
Comm. of Ed. 5. 00Transfer
Gal
Tax
Affidavit
Mansion Tax
The property covered by this mortgage is
Certified Copy
or will be improved by a one or twc
NYS Surcharge 15. 00 ") �
family dwelling only.
Sub Total o<
YES or NO
Other �%
Grand Total V`- ��,
If NO, see appropriate tax clause on
page # of this instrument.
4 Dist. 1� Q 5
5
Community Preservation Fund
2923226 _�
Consideration Amount $ 0
q
Real Property p, TS
Tax Service R POL q ��•��IIIIuIIIIIII��lllll�lulll�llullhll
(
Agency 06 -MAY -1
CPF Tax Due $ 0
Verification
— —
Improved
6
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
Vacant Land
TD
Patricia C. Moore, Esq.
51020 Main Road
TD
Southold, NY 11971
TD
Mail to: Judith A. Pascale, Suffolk County Clerk
7
Title Company Information
Co. Name
Stewart Title Insurance Company
310 Center Drive, Riverhead, NY 11901
www.suffolkcountyny.gov/clerk
Title #
ST15-23590
8
Suffolk County Recording & Endorsement Page
This page forms part of the attached Boundary Line Agreement made
by: (SPECIFY TYPE OF INSTRUMENT)
Crai,iz Johnson and Loraine Johnson The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of Southold
Joseph Shipman and Cathleen Shipman In the VILLAGE
or HAMLET of Mattituck
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
pT S
R POL A
t Stat ID: 2923225 06 -MAY -15
Tax Maps
District
Secton
Block
Lot
School District
1000
10800
.0300
005002
MATTITUCK-CUTCHOGUE
1000
10800
0300
005005
MATTITUCK-CUTCHOGUE
1000
10800
0300
005044
MATTITUCK-CUTCHOGUE
15Z359D
STEWART TITLE INSURANCE COMPANY
707 WESTCHESTER AVENUE
SUITE 411
WHITE PLAINS, N.Y. 10604
BOUNDARY LINE AGREEMENT
bp
4� This Agreement, madeNthe day of March 2015, between Craig Johnson and Loraine
(� Johnson, residing at 20505 Main Road, Mattituck, New York, 11952 (hereinafter "Johnson"),
and Joseph Shipman and-eathnine Shipman, residing atc)gb VLr.'i ".qk, 5 LAr-xe. �"1� �"vL�'ti'wj
(hereinafter "Shipman");CPt��kpr1
WHEREAS, the Shipmans are the owners in fee sim le of certain real property known as
and by aQ68� r ,9),v RD• t $9a Ft-1�H L6"'E'deslgna ed as9istrict 1000, Section 108, Block 3,
Lots 5.5 and 5.44 on the Tax Map for the County of Suffolk, State of New York and as more
particularly described on Schedule A attached hereto and made part hereof (hereinafter the
"Shipman Parcel); and
WHEREAS, the Johnsons are the owners in fee simple of certain real property known as
and by 20505 Main Road, Mattituck, New York, designated as District 1000, Section 108, Block
3, Lot 5.2 on the Tax Map for the County of Suffolk, State of New York and as more particularly
described on Schedule B attached hereto and made part hereof (hereinafter the "Johnson
Parcel"); and
WHEREAS, the Shipman Parcel adjoins the Johnson Parcel; and
WHEREAS, a survey of the Johnson Parcel has been prepared by Kenneth M. Woychuk
Land Surveying, PLLC, dated March 16, 2015 (hereinafter the "Survey"), a copy of which is
attached as Exhibit "1". Said survey shows, among other things, a driveway which runs along or
nearby the Northeasterly line of the Johnson Parcel and the Southwesterly line of the Shipman
Parcel, but is situate up to 12.5 feet inside the Johnson Parcel; and
WHEREAS, the parties desire to fix and definitely establish the boundary line between
the two parcels mentioned above respectively owned by them without resort to litigation; and
NOW, THEREFORE, in consideration of the mutual promises and conveyances herein
contained, and other good and valuable consideration, the receipt of which is hereby mutually
acknowledged, the parties hereto for themselves and their heirs, legal representatives, successors
and assigns, covenant and agree as follows:
That irrespective of the placement of the driveway between the two parcels, the common
boundary line between the parcels shall be deemed the Southwesterly boundary line of the
property owned by the Shipmans and the Northeasterly boundary line of the property owned by
the Johnsons as shown on the survey attached as Exhibit "I".
And the Shipmans do hereby remise, release and quitclaim unto the Johnsons, their
successors and assigns, all of its right, title and interest in and to any land lying South of the
Northeasterly common boundary line and West of the Southwesterly common boundary line so
established.
The parties further agree and acknowledge that any use by the Shipmans their heirs, legal
representatives, successors and assigns, of that portion of the driveway lying South of the
Northeasterly common boundary line and West of the Southwesterly common boundary line is
permissive and not hostile to or with any claim of right against the Johnsons, their heirs, legal
representatives, successors and assigns.
The parties mutually agree that the driveway shall remain so long as it shall stand,
however, the party of the Shipmans agree to relocate said driveway along the common boundary
line at their sole cost and expense upon the written request of the Johnsons.
IT 1S MUTUALLY AGREED AND COVENANTED that this agreement shall run with the
land and inure to the benefit of and be binding upon the parties hereto and their respective heirs,
legal representatives, successors and assigns.
In WITNESS WHEREOF, we have hereunto set our hands and seals on the date first
above mentioned.
eph Shipman
cpe"Ie2a .�
Shipman
f
Craig Jolt
Loraine Johnson
STATE OF NEW YORK )
ss..
COUNTY OF SUFFOLK )
On the P? day of March in the year 2015 before me, the undersigned, personally appeared
Joseph Shipman, 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.
PAr
u OPM F
MARGARET C.. RUTKOWSKI
Notary Public, State of New York
No. 4882528
Qualified in Suffolk County
Commission Expires June 3, aQl$^
STATE OF NEW YORK )
ss..
COUNTY OF SUFFOLK )
CQ -}h 1 een On the 18' day of March in the year 2015 before me, the undersigned, personally appeared
er Shipman, 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
she executed the same in her capacity, and that by her signature on the instrument, the individual, or
the person upon behalf of which the individual acted, executed the instrument.
A
MARGARET C. RUTKOWSKI
Notary Public, State of New York
No. 4882528
Qualifies: in Suffolk County
Commission Expires June 3, 0/5—
STATE OF NEW YORK )
ss..
COUNTY OF SUFFOLK )
On the 1 day of March in the year 2015 before me, the undersigned, personally appeared
Craig Johnson, 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.
MARGARET C. RUTKOWSKI
Notary Public, State of New York
No. 4982528
Qualified in Suffolk County
Commission Expires June 3, ao/
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
On the /7 day of March in the year 2015 before me, the undersigned, personally appeared
Loraine Johnson, 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 she
executed the same in her capacity, and that by her signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the instrument.
NoYary Public
MARGARET C. RUTKOWSKI
Notary Pubic, Stake of New York
No. 4982528
Qualified in Suffolk County
Commission Expires June 3,
SCHEDULE A
CHICAGO TITLE INSURANCE COMPANY
LEGAL DESCRIPTION
Ttle Number. 9708-00814
PARCEL is
ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, 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 AT THE NORTHEASTERLY CORNER OF LOT NO. 5, GREENBRIAR ACRES,
SUFFOLK COUNTY, FILE NO. 6609, WHICH POINT IS ALSO THE NORTHWESTERLY CORNER OF
THE PREMISES HEREINAFTER DESCRIBED;
RUNNING THENCE FROM SAID POINT OF BEGINNING, RUNNING ALONG LOTS NUMBERED 5, 4, 3
AND 2, GREENBRIAR ACRES, SUFFOLK COUNTY FILE NO. 6609, SOUTH 25 DEGREES 11
MINUTES 20 SECONDS EAST 754.72 FEET TO A POINT NOW OR FORMERLY OF EDWARDS
SANDBERG;
THENCE CONTINUING ALONG LAST MENTIONED LAND SOUTH 64 DEGREES 48 MINUTES 40
SECONDS WEST 13.00 FEET;
THENCE CONTINUING ALONG LAST MENTIONED LAND SOUTH 25 DEGREES 11 MINUTES 20
SECONDS WEST 33.98 FEET;
THENCE CONTINUING ALONG LAST MENTIONED LAND, AND ALONG LAND NOW OR FORMERLY OF
MARTIN CARRELL, SOUTH 85 DEGREES 25 MINUTES 50 SECONDS EAST 528.41 FEET TO THE
EASTERLY LINE OF LOT NO. 1 GREENBRIAR ACRES, SUFFOLK COUNTY FILE NO. 6609;
THENCE ALONG EASTERLY LINE OF THE LAND HEREIN DESCRIBED NORTH 26 DEGREES 19
MINUTES 20 SECONDS WEST, 1085.04 FEET TO OTHER LAND OF GREENBRIAR ACRES;
THENCE ALONG SAID LAST MENTIONED LANDS THE FOLLOWING THREE COURSES AND DISTANCES
TO WITS
1. SOUTH 63 DEGREES 40 MINUTES 40 SECONDS WEST 299.29 FEET; s
2. SOUTH 25 DEGREES 11 MINUTES 40 SECONDS EAST 25.52 FEET; AND
3. SOUTH 63 DEGREES 40 MINUTES 40 SECONDS WEST 125.00 FEET TO THE POINT OR PLACE
OF BEGINNING.
TOGETHER WITH AND SUBJECT TO A NDN—EXCLUSIVE 50 FOOT RIGHT OF WAY IN COMMON WITH
OTHERS FROM THE WITHIN PREHISES•TO ELIJAH'S LANE AS SAID RIGHT OF WAY IS
DEPICTED ON A CERTAIN MINOR SUBDIVISION MAP PREPARED BY YOUNG & YOUNG, LAND
SURVEYORS UNDER NUMBER 82-12 DATED 1/28/82 AND MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THE NORTHEASTERLY CORNER OF LOT NO. 5, GREENBRIAR ACRES,
SUFFOLK COUNTY FILE NO. 6609, WHICH POINT IS ALSO THE NORTHWESTERLY CORNER OF
THE PREMISES HEREINAFTER DESCRIBED;
RUNNING THENCE FROM SAID POINT OF BEGINNING RUNNING THE FOLLOWING TWO COURSES
AND DISTANCES, TO WITS
—AMENDED LEGAL DESCRIPTION- 05/08/97
CHICAGO TITLE INSURANCE COMPANY
NNWW
LEGAL DESCRIPTION (Continued)
Ite dumber. 9708-00814
1. SOUTH 63 DEGREES 40 MINUTES 40 SECONDS NEST, 188.54 FEET;
2. WESTERLY ON A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A DISTANCE
OF 38.78 FEET TO THE EASTERLY SIDE OF ELIJAH'S LANE;
THENCE ALONG THE EASTERLY SIDE OF ELIJAH'S LANE, NORTH 25 DEGREES 11 MINUTES 20
SECONDS NEST 100.02 FEST;
THENCE WESTERLY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET A DISTANCE
OF 39.76 FEET TO A POINT;
THENCE ALONG THE SOUTHERLY LINE OF LOT NO. 6 THE FOLLOWING TWO COURSES AND
DISTANCES:
1. NORTH 63 DEGREES 40 MINUTES 40 SECONDS EAST 312.55 FEET; AND
2. SOUTH 25 DEGREES 11 MINUTES 20 SECONDS EAST 50.01 FEET TO LAND HEREINAFTER
DESCRIBED;
THENC9 ALONG SAID LAST MENTIONED LAND, SOUTH 63 DEGREES 40 MINUTES 40 SECONDS
WEST 125.00 FEET TO THE POINT OR PLACE OF BEGINNING.
PARCEL 2:
ALL THAT CERTAIN PIAT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT
MATTITUCK, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, KNOWN AND
DESIGNATED AS LOT 1 ON A CERTAIN MAP ENTITLED 'MAP OF GREENBRIAR ACRES', AND
FILED IH THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK OCTOBER 7, 1977 AS AND
BY MAP NO. 6609.
FOR INFORKATION ONLY: DISTRICT 1000 SECTION 108.00 BLOCK 03.00 LOT 005.044 &
005.005
ac
SCHEDULE B
t oV
title insurance company ry,
SCHEDULE A - DESCRIPTION
Title No.: ST15-23590
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, more
particularly bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road (NYS Route 25) distant South 85 degrees 25
minutes 50 seconds East 250 feet from the intersection of the northerly side of Main Road (NYS Route
25) and the easterly side of Elijah's Lane;
RUNNING THENCE from said point of beginning, along lands now or formerly of Warner L. Adel, Jr.,
the following three course and distances:
1) North 04 degrees 34 minutes 10 seconds East 200 feet;
2) South 85 degrees 25 minutes 50 seconds East 250 feet;
3) South 04 degrees 34 minutes 10 seconds West 200 feet to the northerly side of Main Road (NYS
Route 25);
THENCE along the northerly side of Main Road (NYS Route 25), North 85 degrees 25 minutes 50
seconds West 250 feet to the point or place of BEGINNING. A,
S.C.T.M. NO. DISTRICT: 1000 SECTION: 108 BLOCK: J LOT(S):52
CE
O
❑ FRM.
SHED
C@ 6.9'.13.8'
43.8'
LAND NIF
OF
GWEIf d NOEL GAMES
EXHIBIT 1
LwD N/F
OF
DAR HEDGE JOSEPH At CATHLEEN SH+PMAN
N85"25 X50"iY
0
N A CH� EE
mWIMML
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2.7E ❑
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GREENHOUSE
2to
96.4'
250,00'
17s'r32.6'
EXHIBIT 1
LwD N/F
OF
DAR HEDGE JOSEPH At CATHLEEN SH+PMAN
N85"25 X50"iY
0
N A CH� EE
mWIMML
ING7.rl'o
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6.28.2 5
PICKET FENCE
23.7'
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585"25'50"E
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250.00''` Izw
r2'S
FIRM ]Nz 2.6'w�4
6.28.2 5
4' POST &WIRE FENCE 6. VW
250.00' c.O.P.
MAIN ROAD (N.Y.S. RT. 25)
NOTE: WINTER POOL COVER INSTALLED AT TIME OF SURVEY, THE WATER SUPPLY, WILLS, ORYNELLS AND CESSPOOL
LOCATIONS SHOWW ARE FROM FIELD 08S£RVATIONS
AND OR DATA OBFAINED FRAM OTHERS
AREA: 50,000.00 SQ -FT. or 1.15 ACRES ELEVADAM DATUM: _________________________
UNAUTHORIZED ALTERATION OR ADVII701V TO THIS SURVEY75 A VIOLATION OF SECTION 7709 OF THE NEW YORK STATE EDUCAnON LAW. COPIES OF THIS SURVEY
MAP NOT BEARING INE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO HE A VALID TRUE COPY. GUARAN FEES INDICA FED HEREON SHALL RUN
ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANI; GOVERNMENTAL AGENCY AND LENDING INSTrTUTION
LISTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSDTUTJON, GUARANTEES ARE NOT TRANSFER46LE.
THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPER FY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFOR£ THEY ARE
NOT INTENDED TO MONUMENT TH£ PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES. ADOTDONAL STRUCTURES OR AND OTHER IMPROVEMENTS, EASEMENTS
AND/OR SUBSURFACE STRULKURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES A7 THE DME OF SURVEY
SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: AMY IMOSSI;
MAP Dr. JPMORGAN CHASE BANK, NA'
FILED: STEWART TITLE INSURANCE COMPANY;
SITUATED AT: MATTITUCK
TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC
SUFFOLK COUNTY, NEW YORK " Professional land Surveying and Design
P.O. Box 153 Aqueb❑gue, New York I1931
PHONE (651)296-1568 FAX (691) Z96-1568
FILE ,� 15-30 SCALE: I"=40' DATE: MARCH 16, 2015
N.Y.S. LISC, NO. 050882 the r.card. or Robert J. Nonny t Kenneth Y. ■oyrhuk
T
23.7'
1..`
FRM/PLASTIC
GREENHOUSE
O
n
17s'r32.6'
�
0
b
�
\
_
O
Z T
�o�
a �
I
K
�
R
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o
o m
o�
4' POST &WIRE FENCE 6. VW
250.00' c.O.P.
MAIN ROAD (N.Y.S. RT. 25)
NOTE: WINTER POOL COVER INSTALLED AT TIME OF SURVEY, THE WATER SUPPLY, WILLS, ORYNELLS AND CESSPOOL
LOCATIONS SHOWW ARE FROM FIELD 08S£RVATIONS
AND OR DATA OBFAINED FRAM OTHERS
AREA: 50,000.00 SQ -FT. or 1.15 ACRES ELEVADAM DATUM: _________________________
UNAUTHORIZED ALTERATION OR ADVII701V TO THIS SURVEY75 A VIOLATION OF SECTION 7709 OF THE NEW YORK STATE EDUCAnON LAW. COPIES OF THIS SURVEY
MAP NOT BEARING INE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO HE A VALID TRUE COPY. GUARAN FEES INDICA FED HEREON SHALL RUN
ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANI; GOVERNMENTAL AGENCY AND LENDING INSTrTUTION
LISTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSDTUTJON, GUARANTEES ARE NOT TRANSFER46LE.
THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPER FY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFOR£ THEY ARE
NOT INTENDED TO MONUMENT TH£ PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES. ADOTDONAL STRUCTURES OR AND OTHER IMPROVEMENTS, EASEMENTS
AND/OR SUBSURFACE STRULKURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES A7 THE DME OF SURVEY
SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: AMY IMOSSI;
MAP Dr. JPMORGAN CHASE BANK, NA'
FILED: STEWART TITLE INSURANCE COMPANY;
SITUATED AT: MATTITUCK
TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC
SUFFOLK COUNTY, NEW YORK " Professional land Surveying and Design
P.O. Box 153 Aqueb❑gue, New York I1931
PHONE (651)296-1568 FAX (691) Z96-1568
FILE ,� 15-30 SCALE: I"=40' DATE: MARCH 16, 2015
N.Y.S. LISC, NO. 050882 the r.card. or Robert J. Nonny t Kenneth Y. ■oyrhuk