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HomeMy WebLinkAboutL 12823 P 646SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 07/13/2015 Number of Pages: 7 At: 02:32:41 PM Receipt Number : 15-0092362 Handling $20.00 TRANSFER TAX NUMBER: 14-30398 LIBER: D00012823 NO NYS SRCHG PAGE: 646 District: Section: Block: Lot: Notation 1000 056.00 02.00 017.000 $0.00 EXAMINED AND CHARGED AS FOLLOWS $120.00 Deed Amount: $0.00 $0.00 NO Received the Following Fees For Above Instrument JUDITH A. PASCALE County Clerk, Suffolk County Exempt Exempt Page/Filing $35.00 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 $205.00 TRANSFER TAX NUMBER: 14-30398 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages f This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 3 Page/Filling Fee Handling TP -584 oZ Notation EA -52 17 (County) EA -5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Cenified Copy 20, 00 5. 00 Deed / Mortgage Tax Stamp FEES Sub Total NYS Surcharge 15. 00 01' ` Sub Total ______)� Other _ _ (/z� Grand Total 4 Di st. ?I�Ln I Section n.S'G, n 1 Rlnnkit� , u I i uric/'7 ��C Real Property 2955132 G� Tax Service T S IIIIII I�l III�IIIIII III WI IIIII�IIIII Agency P Verification R �N � 06-J LL -15 6 Satisfactic,.-___..__.._.b ,,.. u, �„ _ _i�periy v�w[[ers-tvtautng Hddress RECORD & RETURN T0; 9 l Mail to. Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Co. Name 8 RECORDED 2015 Jul 13 02:32:41 PM JUDITH R. PRSCRLE CLERK OF SUFFOLK COUNTY L 600012823 P 646 DT# 14-30398 Recording / Filing Stamps Mortga„e Amt. I. Basi_- Tax 2. Additional Tax - Sub'Foial Spec./Assit. i Or Spec. /Add. TOT. N. TG. TAX Dual Town Dual County_ ___ Held for Appointment _ Transfer: Tax Mansio!t Tax The property covered by this mortgage is or will be, improved by a one or [wo family dwelling only. YES or NO If NO, NO, .ee appropriate tax clause on page # _. of this instrument. 5 community Preservation. Fund Consideration Amount $ CPF Tax Due $ Improved_____ - Vacanl Land TD TD TD- ___.---_--_-- tion TTY NATIONAL TITLE Suffolk C ounty Recording & Endonsement Page _ This page forms pant of the attached _U L,rPL��1Yj (SI 'CIPY TYPE OF INSTRUIviENT) ---- made by: The premises herein is situated in ------ _�--�_ - SUFFOLK COUNTY, NEW YOPK_. k g -7-CL To In the TowN of _ �'l�_l� —------- �- /” — In the VILLAGE ,7 e - o% BOXES f, "I F{i2U 8 IvIU51' BE TYPED OR PRINTED 1?`° BLACK INK ONLY PRIOR IY RECORDING, OR ` t rz-ma ..iorre Z Fil Stat ID: 1 2955132 Tax Maps District Secton Block Lot School District 1000 05600 0200 017000 SOUTHOLD 1000 05600 0200 016000 SOUTHOLD Boundgy Line Agreement / beiiVe(ed (alz l"15 t/ This Agreement made this p �ay of 44n 1 2015 by and between Vinci Real Estate HoldingLLC with address at 52875 Main Road Southold NY 11791 hereinafter referred to as , "OWNER") and Mark A. Brent and Jeanne M. Priola (hereinafter referred to as "ADJACENT . NEIGHBORS") with address at 405 Arshamomaque Avenue, Southold 11791 and a mailing address at P.O. Box 1499, Southold, NY 11791. A. OWNER is the owner of real property (vacant land) commonly known as 475 Arshamomaque Avenue, Southold, County of Suffolk, State of New York, having a Tax Map No.: District: 1000 Section: 056.00 Block: 02.00 Lot: 017.000 and known as Lot 8 as set forth in Filed Map of Beixedon Estates Block 2, File No 1472, filed March 16, 1946 which property is shown on the attached survey last dated November 11, 2014 made by Nathan Taft Corwin III which survey is attached and made part of this Agreement. This survey is hereinafter referred to as the "SURVEY' and this property is hereinafter referred to as "OWNER'S PROPERTY." The SURVEY is attached as Exhibit A and the description of this property is attached as Exhibit B. B ADJACENT NEIGHBORS are the owners of real property commonly known as 405 Arshamomaque Avenue, Southold, County of Suffolk, State of New York, having a Tax Map No.: District: 1000 Section: 056.00 Block: 02.00 Lot: 016.000 and known as Lots 7 as set forth in Filed Map of Beixedon Estates Block 2, File No 1472, filed March 16, 1946 which adjoins OWNER'S PROPERTY described above. This property is hereinafter referred to as "ADJACENT NEIGHBOR'S PROPERTY." Description of this property is attached as Exhibit C. C. ADJACENT NEIGHBORS purchased this property on March 1, 2013. Mark A. Brent has a 113 interest and Jeanne M. Priola has a 213 interest in this property. D. ADJACENT NEIGHBOR'S PROPERTY lies to the North of and abuts the OWNER'S PROPERTY along a common boundary line. E. The boundary line on the northern record line of OWNER'S PROPERTY and the southern record line of ADJACENT NEIGHBOR'S PROPERTY (running 327.79 feet and hereafter referred to as the `BOUNDARY LINE.") is in question because of an "edge of clearing" identified on the SURVEY and a path that transverses OWNER'S PROPERTY. F. The parties wish to establish a common boundary line between OWNER'S PROPERTY and ADJACENT NEIGHBOR'S PROPERTY and define the use of the path. NOW THEREFORE, in consideration of the premises and mutual promises made in this Agreement, the sum of One Dollar ($1.00) and other good and valuable consideration receipt of which is hereby acknowledged, the parties covenant and agree as follows: ADJACENT NEIGHBORS make no claim of ownership to any portion of OWNER'S PROPERTY and acknowledge that they have no claim to any property south of the BOUNDARY LINE. The area south of the BOUNDARY LINE that is marked as "Edge of Clearing" belongs exclusively and unequivocally to OWNERS. ADJACENT NEIGHGORS make no adverse possession claim nor prescriptive easement claim to this property. 2. ADJACENT NEIGHBORS further make no claim of ownership to the strip of land identified on the SURVEY as "PATH" nor do they have any adverse possession claim nor prescriptive easement claim to this property. 3. ADJACENT NEIGHBORS further release any claim that they may have in and to the property located south of the BOUNDARY LINE as shown on the attached SURVEY. 4. This Agreement shall run with the land and be binding upon the parties hereto and inure to the benefit of their respective heirs, representatives, successors and assigns. 5. Accordingly the ADJACENT NEIGHBORS hereby conveys, releases and quit claims unto the OWNER and OWNER's successors and assigns forever all of ADJACENT NEIGHBOR's right, title and interest in and to: ALL LANDS SOUTH OF THE BOUNDARY LINE INCLUDING USE OF THE PATH TRAVERSING THE OWNER'S PROPERTY AS SET FORTH ON THE ATTACHED SURVEY 6. The PATH upon the OWNER'S PROPERTY does not and shall not ripen into nor become a right to use any portion of the OWNER'S PROPERTY by the ADJACENT NEIGHBOR. 7. The parties agree that this Agreement will inure to the benefit of the mortgagees, current or future, of the respective Properties. 8. ADJACENT NEIGHBORS make this Affidavit knowing that Fidelity National Title Insurance Company and their underwriters are relying on the truth of the statements contained in this Affidavit in insuring title to the property owned by OWNERS free of any objections to title pertaining to a possible claim of adverse possession or prescriptive easement and the purchasers of this property are similarly relying on the truth of the statements made herein. IT IS MUTUALLY COVENANTED AND AGREED by the par -tics that this agreement shall run with the land and inure to the benefit of and be binding upon the parties, their heirs, distributees, legal representatives, successors and assigns. IN WITNESS WHEREOF this Agreement has been signed as of the date and year first written above. x Vinci By -I P uline Baylis, managing member ADJACENT NEIGHBORS: State of New York '` %�yJ/�-� : ss.: County ofs" JL ) On the �45*k day of Ale+j•2015, before me the undersigned, a Notary Public in and for said State, personally appeared Mark A. Brent 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. n Notary Publi W t-•K+�KIa State of New York WINDY l KUlfJ NOT UBLIC-STATE OF NEW YORK ! ss.: No.O1KU6176871 County of l ) Quallfled In Suffolk County �,�, l My Commisslon Expires November 05, 2015 On the, J day ofQ015, before me the undersigned, a Notary Public in and for said State, personally appeared Jeanne M. Priola 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(s) on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. , _ n �pNotary Pupis YVtWiLi i-• uKla 'f - State of Imo"' ��� ) ENDY L KUKLA ss.: NOTA BLIC-STATE OF NEW YORK County of �us5� ) No. O1 KU6176871 Qualified In Suffolk County My Commisslon Expires November 06, 2015 On the 2 -7 -day of 2015, before me, the undersigned, personally appeared Pauline Baylis 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, that by her signature on the instrument, the individual or the person upon behalf of which the individual acted ,executed Instru nt, and that such individual make such appearance before the undersign In the otary P ales B • RoSznbiu rY1 ENBLUM .° at New York }944 C .c>Uu County as May 5, 20 CHARLES B. ROSENBLUM Notary Public, State of New York No. 02RO4860944 Qualified in Nassau County Commission Expires May 5, 20 �� Exhibit A r Ww Oro 1. WV\t- xl Db DILKII fD •AVr Ikp W,W eaMw co..ec+uaY .kr ,.arr, nwr:----"_--- �,5•CTo ISMIUVIry or LOT H Nathan Telt COrWIn 11 urr or REIIKEDON !STATES wl L tnd Surveyor sr7mrra Ar SOUTHOLD TM,W UWTNOLD 1f SUFFOLK COUNTY, N(lD vorm S.C. TAX N.. 1000 -5{ -OI -17 3 suu 2 A L •" km 4w � 0 'p3- W S 7T2ti.20� A, , 4 d 4N t)4, �yay�5 1. WV\t- xl Db DILKII fD •AVr Ikp W,W eaMw co..ec+uaY .kr ,.arr, nwr:----"_--- �,5•CTo _._...... w•.f ,.waw• .. Nathan Telt COrWIn 11 t L tnd Surveyor Exhibit B ALL that certain plot, piece or parcel of land. situate, lying and being in the Viltage of 13eixedon, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BE GINN3NG at a point on the easterly side of Arshamontaque Avenue distant 459,41 feet southerly frorn the corner formed by the intersection of the southerly side of Main Road and the easterly side of Arsharnomaque Avenue; RUNNING TIIE-NCE North 83 degrees 20 minutes 10 seconds East, 327.79 feet to the northeasterly corner of Lot 8; TI -11 -NCE South 07 degrees 36 minutes 40 seconds 'Fest, 66A0 feet to a point; THENCE, South 77 degrees 09 minutes 03 seconds West, 21,20 fi'.et to a point; 1'1 IENCE South 60 degrees 07 minutes 02 seconds West, 21.20 E'eet to a point; THENCE. South 83 degrees 20 minutes 10 seconds Fest, 280.13 feet to the easterly point on Arshamomaque Avenue; THENCE' North 00 degrees 23 minutes 40 seconds Cast, 75.57 fret to the point or place of13EGINN NG. The above described premises also being known and designated as Lot 8 as shown on Mip of.lkixedon Estates and tiled in the Suffolk County Clerk's Office on March 16, 1946 as map No. 1472. Exhibit C Town of Southold, County of Suffolk and State of New York, shown and designated on a certain map entitled,"Map of Beixedon Estates Town of Southold, Suffolk County,N.Y., Property of Grace R.Nickles formerly Grace Rodgers DeBeixedon", made by Otto W.Van Tuyl, Licensed Surveyor,and filed in the Suffolk County Clerk's office on March 16,1946, as Map No. 1472, as and by lot numbered 7 in Block Numbered 2 on said map. "Being and intended to be the same premises as described in deed made by Jonathan V. Jacobs and Kathryn G. Jacobs,husband and wife,recorded 03-12-99,Liber 11950 page 991."