HomeMy WebLinkAboutL 12924 P 697 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 111 I l l l l l l l l l l l l l l l l l l l l
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 08/11/2017
Number of Pages : 13 At: 03 :52 : 36 PM
Receipt Number : 17-0138485
TRANSFER TAX NUMBER: 17-01661 LIBER: D00012924
PAGE : 697
District: Section: Block: Lot:
1000 026.00 02 .00 013 . 000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 .00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $65 . 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 $16 .25 NO RPT $400 .00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO
Fees Paid $531 .25
TRANSFER TAX NUMBER: 17-01661
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
1❑
RECORDED
Number of pages 2017 Aug 11 63:52:36 PM
JUDITH R. PASCALE
CLERK OF
This document will be public SUFFOLK COUNTY
record.Please remove all L D00012924
Social Security Numbers
DT# 17-01661
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
/„ CO Mortgage Amt.
Page/Filing Fee --'- y�
1,Basic Tax
Handling 20. 00
2. Additional Tax
TP-584 /0 co Sub Total
Notation _
Spec./Assit.
q5�� or
EA-52 17(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX
�` � cDual Town Dual County
R.P.T,S.A. Held for Appointment
Comm.of Ed. 5. 00Transfer Tax
Affidavit ° Doi,, Mansion Tax
The property covered by this mortgage Is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00 �J family dwelling only.
Sub Total /� YES or NO
Other � \\r
Grand Total I �J If NO, see appropriate tax clause on
page# of this instrumen
4 Dist. �¢,Q -�ChPd 000 5 Community Preservation Fund
3455815
Real Prope P T S Consideration Amount$
Tax Sercy R LPA A CPF Tax Due $
Agency 11�1UG-17
Verificatic
Improved X
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
Amanda Star Frazer, Esq TD
Esseks, Hefter, Angel, Di Talia & Pasca, LLP
108 East Main Street TD
Riverhead, New York 11901
TD
Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcountyny.gov/clerk Title#
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached BOUNDARY LINE AGREEMENT made
by: (SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
FITTINGS - SUFFOLK COUNTY,NEW YORK,
TO// In the TOWN of SOUTHOLD
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
pT S
• R LPA .A
Stat!D: 3455815 11-AUG-1 T
Tax Maps
District Secton Block Lot School District
1000 02600 0200 013000 ORIENT-EAST MARION
1000 02600 0200 014000 ORIENT-EAST MARION
.y
BOUNDARY LINE AGREEMENT
This Boundary Line Agreement ("Boundary Agreement") is made this 2"d day of August
2017, by and between Arthur H. Fitting, Jr. ("Fitting"), residing at 350 King Street, Orient, New
York, and Peter Campbell and Heather Campbell (collectively, the "Campbells"), residing at 179
Carroll Street, Brooklyn,New York.
WHEREAS, Fitting is the owner in fee of certain real property located in Orient,New
York, having a street address of 350 King Street, Orient,New York, which is more specifically
described on Schedule "A" attached hereto, and identified by Suffolk County Tax Map
("SCTM")No. 1000-026.00-02.00-013.000 (the "Fitting Property"); and
WHEREAS, the Campbells are the owners in fee of certain real property located at 400
King Street, Orient, New York, which is more specifically described on Schedule "B" attached
hereto, and identified by SCTM No. 1000-026.00-02.00-014.000 (the "Campbell Property");
WHEREAS,the easterly boundary line of the Fitting Property,which follows the following
course and distance—South 4 degrees 03 minutes 30 seconds East 178.24 feet, forms the westerly
boundary line of the Campbell Property, which follows the following course and distance—North
4 degrees 03 minutes 30 seconds West 178.24 feet;
WHEREAS, the Campbell Property contains a strip of land between .8 and 3.8 feet wide
running along the westerly side of the Campbell Property(the"Strip"),which lies within the record
boundary lines of the Campbell Property and occupies the space between a stockade fence on the
Campbell Property and Fitting's record eastern boundary line (the "Fence"), as shown on the
survey prepared by Kenneth M. Woychuk, L.S., dated July 14, 2015 (the "Survey"), a copy of
which is annexed hereto as Schedule "C";
1
NOW THEREFORE, the parties hereto, in consideration of the mutual promises and
covenants herein contained and for other lawful consideration, agree as follows:
1. The undersigned hereby acknowledge and agree that the descriptions of their
respective properties, including the location of their common boundary line, contained in the
annexed Schedules "A" and "B" are true and accurate descriptions.
2. The undersigned hereby acknowledge and agree that the common boundary line
as depicted in the Survey is true and accurate; that Fitting makes no claim now, and will make no
claim in the future, whatsoever for ownership of the Strip, Fence, or to any portion of the land in
the record name of the Campbells beyond the common boundary line as described in Schedules
A and B and as shown on the Survey, by adverse possession, practical location, and/or
prescriptive easement or otherwise.
3. The Campbells agree to grant Fitting a license for his exclusive use of the Strip
and agree to permit Fitting to plant grass, flowers, and small bushes in the Strip, and to maintain
removable personal property, such as a bird bath, but Fitting shall be prohibited from planting or
maintaining any tall trees and from erecting any permanent structures, buildings, or fences other
than as presently exists, within the Strip (hereinafter, the "License"). The License shall
automatically terminate upon the earlier of the conveyance of Fitting's Property, in which Fitting
shall no longer retain an ownership interest, or the death of Fitting and his spouse Dong Hwan
Kim. In addition, Fitting, acknowledges that this License does not authorize any additional
encroachments onto the Campbell Property except for those set forth herein.
4. The parties further acknowledge and agree that any maintenance of any portion of
the Strip by Fitting is by permission and has not resulted and shall never result in the vesting of
2
any property rights in Fitting, or any successor in interest, by adverse possession, practical
location, and/or prescriptive easement or otherwise.
S. Fitting hereby indemnifies and holds the Campbells, and their successors and
assigns, harmless from any damage caused by Fitting, his spouse, employees, agents, tenants, or
invitees, to person or property on the Campbell Property or in connection with Fitting's use, or
the use by Fitting's spouse, employees, agents or invitees thereof, during the period of the
License.
6. This Boundary Line Agreement shall run with the land and shall be binding on the
successors, heirs and assigns of the parties hereto, but the License set forth herein shall
terminates provided for in paragraph 3 herein.
7. Fitting acknowledges that he makes no claim whatsoever for ownership by
adverse possession or otherwise to any portion of the Campbell Property, and Fitting conveys,
releases, and quitclaims unto the Campbells all of Fitting's right, title, and interest, if any, in and
to the Campbell Property as described in Schedule "B."J-
r�
Ar H. Fitting, lr.
rt .
Peter Campbell
Heather Campbell
3
any property rights in Fitting, or any successor in interest, by adverse possession, practical
location, and/or prescriptive easement or otherwise.
5. Fitting hereby indemnifies and holds the Campbells, and their successors and
assigns, harmless from any damage caused by Fitting, his spouse, employees, agents, tenants, or
invitees,to person or property on the Campbell Property or in connection with Fitting's use,or the
use by Fitting's spouse, employees, agents or invitees thereof, during the period of the License.
d. This Boundary Line Agreement shall run with the land and shall be binding on the
successors,heirs and assigns of the parties hereto, but the License set forth herein shall terminates
provided for in paragraph 3 herein.
7. Fitting acknowledges that he makes no claim whatsoever for ownership by adverse
possession or otherwise to any portion of the Campbell Property, and Fitting conveys, releases,
and quitclaims unto the Campbells all of Fitting's right, title, and interest, if any, in and to the
Campbell Property as described in Schedule"B."
Arthur 1-I. FZ;. 4
60�—
Pe�Capbell � 09
Heather Campbell
STATE OF NEW YORK, COUNTY OF SS.:
On the day of ,2017,before me,the unde igned,personally appeared
Arthur H. Fitting, Jr., personally known to me or proved to m on the basis of satisfactory
evidence to be the individual whose name is subscribed t the within instrument, . and
acknowledged to me that he executed the same in his capaci and that by his signature on the
instrument,he executed the instrument.
tary Public
STATE OF NEW YORK, COUNTY OF SS.:
On the day of 17,before me,the undersigned,persona]y appeared
Peter Campbell,personally known to in r proved to me on the basis of satisfactory evidence to
be the individual whose name is subscri d to the within instrument, and acknowledged to me that
he executed the same in his capacity, d that by his signature on the instrument, lie executed the
instrument.
Notary Public
STATE OF NEW YO , COUNTY OF : SS.:
On the day o ,2017,before me,the uudersigned,personally appeared
Heather Campb ,personally known tome or proved tome on the basis of satisfactory evidence
to be the indivi al whose name is subscribed to the within instrument, and acknowledged to me
that she exec ed the same in her capacity, and that by her signature on the instrument, she
executed the strument.
VQ— Notary Public
YC
STATE OF NEW YORK, COUNTY OF VQ#)i SAVE : SS.;
On the day of , 2017, before me, the undersigned, personally
appeared Arthur H. Fitting, Jr., 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, he executed the instrument.
Notary Public
MICHAEI. D. SOLOMON
Notary Public, State Of New York
No,SO4642296
Qualified In Suffolk County 1 D
STATE OF NEW YORK, COUNTY OF� ; SS.: Commission Expires Dec. 31, o
On the day of , 2017, before me, the undersigned, personally
appeared Peter Campbell, 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, he executed the instrument.
Notary Public
STATE OF NEW YORK, COUNTY OF : SS.:
On the day of 2017, before me, the undersigned, personally
appeared Heather Campbell, 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, she executed the instrument.
Notary Public
STATE OF NEW YORK, COUNTY OF SS.:
On the day of ,2017,before me,the undersigned,personally appeared
Arthur H. Fitting, Jr., 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, he executed the instrument.
Notary Public
STATE OF NEW YORK, COUNTY OF ISIS. "SS.:
On the day of Z-0-�y ,2017,before me,the undersigned,personally appeared
Peter Campbell,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,he executed the
instrument.
ANTHONY ADIPIETRO
Notary Public State of New York
No.01ADS033089 v
ausit ied In Nassau County Notary Publ'
�`/�'+'/• . _ Commission Expires Nov.S,2017
';STATE OF NEW YORK, COUNTY OFIK
b SS.:
S�
� I
On theg-day of U I ,2017, before me,the undersigned,personally appeared
Heather Campbell,personally 1 own 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, she
executed the instrument.
AMANDA STAR FRAZER
Notary Public,State of New York
Riaglivaon Qualified No.
County 8 Notary Public
Gannon to
any property rights in Fitting, or any successor in interest, by adverse possession, practical
location, and/or prescriptive easement or otherwise.
5. Fitting hereby indemnifies and holds the Campbells, and their successors and
assigns, harmless from any damage caused by Fitting, his spouse, employees, agents, tenants, or
invitees, to person or property on the Campbell Property or in connection with Fitting's use,or the
use by Fitting's spouse, employees, agents or invitees thereof, during the period of the License.
6. This Boundary Line Agreement shall run with the land and shall be binding on the
successors,heirs and assigns of the parties hereto, but the License set forth herein shall terminates
provided for in paragraph 3 herein.
7. Fitting acknowledges that he makes no claim whatsoever for ownership by adverse
possession or otherwise to any portion of the Campbell Property, and Fitting conveys, releases,
and quitclaims unto the Campbells all of Fitting's right,'title, and interest, if any, in and to the
Campbell Property as described in Schedule"B."
Arthur H. Fitting, Jr.
Peter Campbell
Heather Campbell
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SCHEDULE A
Legal Description of Fitting Property
ALL THAT CERTAIN PLOT, piece or parcel of land, situate, lying and being in the
Hamlet of Orient, Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
BEGINNING at a point on the southerly side of King Street where the same is intersected
by the easterly side of land now or formerly of Maude Latham;
RUNNING THENCE North 86 degrees 43 minutes 40 seconds East along the southerly
side of King Street, 93.09 feet;
THENCE South 4 degrees 03 minutes 30 seconds East, along land now or formerly of
LaBarre, 178.24 feet;
THENCE South 81 degrees 59 minutes West along land now or formerly of Maude
Latham, now or formerly of James F. Douglas, 84.72 feet to land now or formerly of Maude
Latham; and
RUNNING THENCE along said last mentioned land North 6 degrees 42 minutes West,
185.56 feet to the southerly side of King Street at the point or place of BEGINNING.
EXCEPTING THEREFROM so much of the premises as conveyed by Deed dated
06/07/69 recorded 6/10/69 in Liber 6563 page 37.
l
SCHEDULE B
�, t 1`� e al escri�ptio�o Campbell Proverty l o�
=r Ik , EGINNING at a point on the southerly side of King Street, distant 597.65 feet westerly
V"YA as measured along the southerly side of King Street from the corner formed by the intersection of
the southerly side of King Street with the westerly side of Majors Pond Path;
THENCE South 4 degrees 18 minutes 30 seconds East, along land now or formerly of
cjoij A. Douglass, 167.44 feet to a point;
THENCE South 81 degrees 30 minutes 00 seconds West, still along said land now or
formerly of Douglass, along land now or formerly of Armstrong, 118.82 feet to land now or
formerly of Fitting;
THENCE North 4 degrees 03 minutes 30 seconds West, along land now or formerly of
Fitting 178.24 feet to the southerly side of King Street;
THENCE North 86 degrees 43 minutes 40 seconds East, along the southerly side of
King Street, 117.78 feet to the point or place of BEGINNING.
l �
SCHEDULE C
Survey of Kenneth M. Woychuk L.S.dated July 14, 2015
[ANNEXED HERETO]
f �
S.C.T,M, NO. 'DISTRICT: 1000 SECTION:26 BLOCK: 2 LOT(S):14
EDGE OF PAVEMENT
KING STREET
TIMBER WALL
LL
WtG. 6LK.APRON
117.78' u.P• SP1 E
sPIXE 2.3' N86"43'40E Iljs IRON
STUMP PIN
0 W 17.2' COVERED
2.6'S i PORCH m I 597.65'
N • 33.t' 40.8' Cr
Cy 9.6' 1 1/2 STY Li
° 16.9 FIRM. DWELLING n CID
w Ca
a 1400 N n o
N Lt
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CONC. 7.2' w I o
STOOP � �.
',.' 27.6 WIRE FENCE
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1.6' CENT R ^, J.7 6RIGK wµK 1 2' O
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OUTDOOR 12.3' BRICK y
SNOwER PATIO CONC. APRON .5 �r
19.5' STK, I I-ti
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45.8'
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STK. STK, STK. 118.82' STK.I
0 E FENCE O.fi S
6, ST
2.6'S SB1"30'00"w LAND N/F
3.8'E LAND N/F OF
OF DOUCLASS
STAKE PROPERTY LINES 10-06-16 ARHE WA TER SLIPa Y KUS AND CESSPOOL
MSTRONG L CAR NS SHOwi ARE FROM FIELD OBSERVARONS
CORRECTED LOT AREA 09-28-15 AND OR DATA OBTAINED FROM OnHERS
AREA:20,414.25 SO.FT. or 0.47 ACRES £LEVAPON DATUM:
UNAUTHORfZFO ALTERAITQN OR ADOIRON TO THIS SURVEY 15 A NOLATION Or SECTION 7209 OF NE NEW YORK STATE EDUCA77ON LAW COMES OF THIS SURVEY
MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT HE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN
aft Y TO THE PERSON FOR wow RHE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 77TLE COHPANY, GOVERNMENTAL AGENCY AND LEAONG INSRTUDON
LISTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSRIUTION, GUARANTEES ARE NOT TRANSFERABLE
THE OFFSETS OR DIMENSIONS SHOWY HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE
NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO CUIDE THE ERECnON OF FENCES, ADDIRONAL STRUCTURES OF AND OTHER IMPROVEMENTS EASEMENTS
AND/O4 SUBSURFACE STRUG?URES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY ENDENT ON THE PREMISES AT TH£ RAI£OF SURVEY
SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: PETER CAMPBELL;
MAP DF: HEATHER HODSON CAMPBELL:
FILED. FIDELITY NATIONAL TITLE INSURANCE COMPANY;
SITUATED AT. ORIENT
TOWN OF:SOUTHOLD KENNETH M. WOYCHUK L.S.
SUFFOLK COUNTY, NEW YORK I !� Land Surveying and Design
� L_� LL P.O. Bax 3, Hattituck, New York, 11952
PHONE (691) 295-16M PAX(631) 296-1666
FILE i 15-109 SCALE 1"=20' DATE:JULY 14, 2015
N.Y.S LIC N0.30227 m Lltatdnz Lb,-41 If MRM J.tl-M