HomeMy WebLinkAboutL 12844 P 229 liffil l IIID VIII IIII111I1I 11111 II11111111 I1I11111
I 11111 DII DII ID II1
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: ENCROACHMENT Recorded: 12/10/2015
Number of Pages: 6 At: 09 :25:38 AM
Receipt Number : 15-0172027
TRANSFER TAX NUMBER: 15-13455 LIBER: D00012844
PAGE : 229
District: Section: Block: Lot:
1000 066. 00 03.00 001.000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $30 .00 NO Handling $20 .00 NO
COE $5.00 NO NYS SRCHG $15 . 00 NO
Affidavit $0.00 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 $200 . 00
TRANSFER TAX NUMBER: 15-13455
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
• 1 2
Number of pages RECORDED
2015 Dec 10 09:25:38 RN
JUDITH A. PASCRLE
CLERK OF
This document will be public SUFFOLK COUNTY
record. Please remove all L 000012844
Social Security Numbers P -13
prior to recording. DM 15-13455
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee � c4) Mortgage Amt.
1. Basic Tax
Handling 20, 00 2. Additional Tax
TP-584( ecT Sub Total
Notation Spec./Assit.
or
EA-52 17(County) • Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX _
R.P.T.S.A. 170' Dual Town Dual County
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Held for Appointment
Comm.of Ed. 5. 00 rl : Transfer Tax `�—
•\ . •,d
Affidavit Mansion Tax _
The property covered by this mortgage is
Certified Copy • or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total YES • or NO
Other
Grand Total <= t. If NO,see appropriate tax clause on
page# of this instrument.
4 I DistierD I^...,_ eqd n2 pct,,I
Qt
5 Community Preservation Fund
3052597 %-
VIII I�I�IIIII1 111111 Consideration Amount$
Real Property
Tax Service F T S
Agency R DTY A Tax Due $
Verification 01-DEC-1
Improved X
6 Satisfactions/Uischaiges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: G,/ Vacant Land
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Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
• 310 Center Drive, Riverhead, NY 11901 Co.Name FIDELITY NATIONAL TITLE •
www.suffolkcountyny.gov/clerk ►S- Q0I 1s
Title#
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached E.00-P`O mel I / l&t"eeP►ark-
made by:
Qf� Q (SPECIFY TYPE OF INSTRUMENT)
•06101-1161, G. 1 ' 'Fuse The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of 6o +D!d
L 3 f� to KV1I/1�.50") CW/ In the VILLAGE
•
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
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P T S
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Stat ID: 3052597 01-DEC-15
Tax Maps
District Secton Block Lot School District
1000 06600 0300 001000 SOUTHOLD
1000 06600 0300 002000 SOUTHOLD
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ENCROACHMENT AGREEMENT
THIS AGREEMENT, made this 54'' day of N[A1'PImber, 2015,
between DONALD G. RAFUSE, residing at 725 Arshamomaque Avenue,
Southold, New York 11971, hereinafter referred to as the
Grantor, and
LISTA MAKIMSON CANNON, residing at 625 Arshamomaque Avenue,
Southold, NY 11971, hereinafter referred to as the Grantee.
WITNESSETH
WHEREAS, the Grantor is owner of certain improved real
property located at 725 Arshamomaque Avenue, Southold, NY 11971,
known and designated on the Suffolk County Tax Map as District
1000 Section 066. 00 Block 03. 00 Lot 002 . 000, more fully
described in Schedule A-1, attached hereto and made a part
hereof, and hereinafter referred to as the Grantor' s property
and; and
WHEREAS, the Grantee is the owner of improved real property
located at 625 Arshamomaque Avenue, Southold, NY 11971, known and
designated on the Suffolk County Tax Map as District 1000
Section 066.00 Block 03. 00 Lot 001. 000, more fully described in
Schedule A-2, attached hereto and made a part hereof, and
hereinafter referred to as the Grantee' s property; and
WHEREAS, improvements on the Grantee' s property include a
brick walk, lattice fence and bamboo screening, which all
parties to this agreement acknowledge encroach onto the
Grantor' s property up to 7 feet South of the northerly part of
the Northerly record line, as shown on the annexed survey dated
5/5/2015, and prepared by Kenneth M. Woychuk, L. S, attached
hereto as Schedule A-3 and made a part hereof;
NOW THEREFORE, the parties hereto acknowledge and agree as
follows :
1. The Grantee makes no claim and will not make any claim to
any portion of the Grantor' s property because of the
encroachments of the Grantee' s brick walk, lattice fence
and bamboo screening onto the Grantor' s property.
2. In consideration of the foregoing, the Grantor hereby
grants to the Grantee the right to continue the exclusive
use of that portion of the Grantor' s property for as long
as the brick walk, lattice fence and bamboo screening
remain in their present location. Grantee acknowledges
that Grantee has no right, title or interest in or claim
to use or maintain any part of Grantor' s property except
for the brick walk, lattice fence and bamboo screening.
, 3 . The Grantee shall repair and maintain the brick walk,
lattice fence and bamboo screening at all times .
4 . The Grantee shall indemnify and hold harmless the Grantor
from any and all claims, actions, damages, liability and
expenses in connection with personal injury and or damage
to property arising from or out of any occurrence in
relation to said brick walk, lattice fence or bamboo
screening.
5. Notwithstanding the Grantee' s duty to perform ordinary
maintenance and repair to said timber wall in the event
it is demolished, or damaged to the extent that the cost
to rebuild it exceeds fifty (50%) percent of its fair
value, or the timber wall is moved from its present
location, the Grantee, for Grantee, or Grantee' s
successors and assigns, hereby agrees the timber wall
shall be relocated entirely within the boundaries of the
Grantee' s property, and thereafter, all rights of Grantee
in the Grantor' s property shall immediately cease .
6. This agreement shall run with the land and shall be
binding on the heirs, assigns and successors in interest
of the Grantor and Grantee.
IN WITNESS WHEREEOF, the Grantor and the Grantee have hereunto
set their hands and seals to be hereunto affixed, and these
p esents to be signed on the day and year first above written.
DeNALD G. SE, Grantor LISTA MAKIMSON CANNON, Grantee
State of New York, County of Suffolk ss. :
On the 2 day of OCG(1,5c1 , 201i1- before me, the undersigned,
personally appeared DONALD G. RAFUSE, personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name are
subscribed to the within instrument and acknowledged to me that he/she
executed the same in his/her capacity, and that by his/her signature on the
instrument, the individual, or the person upon behalf of which the individual
acted, executed the instrument.
/ / /
Notary Public
..,7;z-., LOUIS J BRANCAT0 �OU\ V '
3 , ', Notary Public,State of New York ,
3 No.02F487011 •0
,a., Qualified in Nassau County
2 Commission Expires August 11,2011►
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2
State of New York, County of Suffolk ss. :
, On 'the r4 day of S?p(Prn ta., 20 I S before me, the undersigned,
personally appeared LISTA MAKIMSON CANNON, personally known to me or proved
. to me on the basis of satisfactory evidence to be the individual whose name
are subscribed to the within instrument and acknowledged to me that he/she
executed the same in his/her capacity, and that by his/her signature on the
instrument, the individual, or the person upon behalf of which the individual
acted, executed the instrument.
-PjtAit/b )
N4i0rary Public
JENNIFER B.GOIJLD
Notary Public,State of New York
No.02G05024640-Suffolk County
Commission Expires March 14,20 1$
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SCHEDULE A-i'(Description)
Amended 11/05/15
ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk, 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 Rogers 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 1 1
•
in Block Numbered 2 on said map, bounded and described as follows:
BEGINNING at a point on the easterly side of Arshamomaque Avenue distant 690.69 feet southerly as measured along
the easterly side of Arshamomaque Avenue from the corner formed by the intersection of the easterly side of
Arshamomaque Avenue and the southeasterly side of Main Road;
THENCE North 83 degrees 20 minutes 10 seconds East along the division between Lots 10 and 11, 269.00 feet to the top
of the bank of Petty Pond;
THENCE along Petty's Pond and along a tie line course of South 10 degrees 39 minutes 32 seconds West, 78.61 feet to
the division between Lots 11 and 12;
THENCE South 83 degrees 20 minutes 10 seconds West along the last mentioned division,259.00 feet to the easterly side
of Arshamomaque Avenue;
THENCE North 03 degrees 28 minutes 00 seconds East along the easterly side of Arshamomaque Avenue, 76.23 feet to
the point or place of BEGINNING.
• •
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULE A-1(Description)
Rev.(03/04)
SCHEDULE A
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, known and designated on a certain map entitled, "Map of
Beixedon Estates, Town of Southold, Suffolk County, N.Y. , Property
of Grace A. Nickles, formerly Grace Rogers De8eixedonTM , 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 Lots
Numbered 9 and 10 in Block Numbered 2 on said Map, which said Lots
when taken together as one parcel are more particularly bounded and
described as follows:
BEGINNING at a point on the easterly side of Arshamomaque
Avenue, said point, of beginning being where the division line
between Lots 8 and 9 on the above mentioned Map intersects the said
easterly side of Arshamomaque Avenue;
RUNNING THENCE North 83 degrees 20 minutes 10 seconds East,
along the division line between Lots 8 and 9, 265.00 feet to the
ordinary high water mark of the "Basin";
THENCE South 05 degrees 56 minutes 40 seconds West along the
' ordinary high water mark of the "Basin", 153.70 feet to the division
line between Lots 10 and I1 ► as shown on the above mentioned Map;
THENCE South 83 degrees 20 minutes 10 seconds West along the'
last mentioned division line, 269.00 feet to the easterly side of
Arshamomaque Avenue:
• THENCE Northerly along the easterly side of Arshamomaque Avenue
the following two (2) courses and distances:
1 ) North 13 degrees 59 minutes 00 seconds East 80.14 feet;
2) North 0 degrees 23 minutes 40 seconds East, 75.57 feet to the
point or place of BEGINNING.
Fat Conveyancing Only
Together with all right.We end Interest 0!,in and to any streets end roads abutting the above described premises.
Our pofxxss of Mte insurance include such buildings and Improvements thereon whirls by law constitute real progeny,unless specifically excepted
therein.Now is the rims to determf,a whether we have examined al of the property and easements which you desire to be insured:if there are
appurtenant easements to be insured,prone request such insurance.in some rues,our rate manual provides for en additional charge for such
insurance.