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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 $200 . 00 TRANSFER TAX NUMBER: 15-13455 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • 1 2 Number of pages RECORDED 2015 Dec 10 09:25:38 RN JUDITH A. PASCRLE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L 000012844 Social Security Numbers P -13 prior to recording. DM 15-13455 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee � c4) Mortgage Amt. 1. Basic Tax Handling 20, 00 2. Additional Tax TP-584( ecT Sub Total Notation Spec./Assit. or EA-52 17(County) • Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX _ R.P.T.S.A. 170' Dual Town Dual County r�} Held for Appointment Comm.of Ed. 5. 00 rl : Transfer Tax `�— •\ . •,d Affidavit Mansion Tax _ The property covered by this mortgage is Certified Copy • or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES • or NO Other Grand Total <= t. If NO,see appropriate tax clause on page# of this instrument. 4 I DistierD I^...,_ eqd n2 pct,,I Qt 5 Community Preservation Fund 3052597 %- VIII I�I�IIIII1 111111 Consideration Amount$ 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 `Jel�►N► V. xI�, E5G - 7 TD (O ( . d OX q na Ff ooR TD 5311-10 M�il`)nil 3004\ \\c\--1TD • 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. 12 010..10/OBkk Inver) P T S •, R DTPA Stat ID: 3052597 01-DEC-15 Tax Maps District Secton Block Lot School District 1000 06600 0300 001000 SOUTHOLD 1000 06600 0300 002000 SOUTHOLD r-� fr` 1 r<r'/ 'f r „ -f J. f. • J J Y 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► Y v^ 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$ 3 • • r •�— • . ti �. ..ms , 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.