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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 ING7.rl'o I B 0M H. x u o GARAC ma ,7RELL15 PICKET FENCE v 1..` 2.7E ❑ r. LT< 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 I B 0M H. x u o GARAC ma ,7RELL15 og 250.00''` Izw r2'S FIRM ]Nz 2.6'w�4 6.28.2 5 PICKET FENCE 23.7' 1..` 2.7E ❑ �yc ,n ' GREENHOUSE O 96.4' ~ 17s'r32.6' ® •r n 0 b o COVERED PORCH \ U _ O Y m n v FLAG O POLE a � I ELEC. m METER- K U.P. 585"25'50"E ' og 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 n 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