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HomeMy WebLinkAboutL 12952 P 904 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 03/05/2018 Number of Pages : Ar 9 U At: 04 : 17 : 06 PM Receipt Number : 18-0042042 TRANSFER TAX NUMBER: 17-24294 LIBER: D00012952 PAGE : 904 District: Section: Block: Lot: 1000 113 . 00 07 .00 021 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40 . 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 $400 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $490 .00 TRANSFER TAX NUMBER: 17-24294 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ❑1P RECORDED 2018 Mar- 06 04:17:06 Ph1 Number of pages TUDITH A. PASCALE CLERK: OF SUFFOLK. COUNTY This document will be public L D00012952 record.Please remove all P 904 Social Security Numbers DT# 17-24294 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee1 Mortgage Amt. 1 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-5217(County) Sub Total F Spec./Add. EA-5217(St TOT.MTG.TAX Dual Town Dual County — R.P.T.S.A. O Held for Appointment Comm.of S. 00 _ Transfer Tax Affidavit ' ` �* Mansion Tax Certified Co The property covered by this mortgage is Copy or will be improved by a one or two NYS Surcharge 15. 00 Sub Total "I V family dwelling only. — "1 �V YES or NO Other C1 0, Grand Total 1 If NO, see appropriate tax clause on page# of this instrument. 4 Dist. I 3580538 5 4t!-O O 0�1e-d 5 Community Preservation Fund Real Property P T S Consideration Amount$ Tax Service R VIT A Agency 22�-18 CPF Tax Due $ Verification � __j Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN T0: Vacant Land FARRELL&FRITZ,PC TD 100 MOTOR PARKWAY SUITE 138 TD HAUPPAUGE,NY 11788 ATTN: ERIN SIDARAS,ESQ. TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name AMERICAN DREAM ABSTRACT wwwsuffolkcountyny.gov/clerk Title# ADA2733-5 8 Suffolk County Recording,& (Endorsement Page This page forms part of the attached NW ( AGREEMENT made by: (SPE IFY TYPE OF INSTRUMENT) WALTER GATZ The premises herein is situated in MARILYN GATZ SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD GOOSE.RIDGE.FARM I1 LLC 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 p T -S R VITA Stat ID: F 3580538 22-FEB-18 Tax Maps District Secton Block Lot School District 1000 11300 0700 021000 MATTITUCK-CUTCHOGUE 1000 11300 0700 022000 MATTITUCK-CUTCHOGUE f l r AbAa75.3 AGREEMENT AGREEMENT this day of September, 2015 by and between WALTER GATZ and MARILYN GATZ, ("Gatz") residing at 6477 Sound Avenue, Mattituck, NY 11952 and GOOSE RIDGE FARM III LLC, ("Goose Ridge") located at 6105 Sound Avenue, Mattituck,NY 11952, and collectively referred to as the "parties" : WHEREAS, by deed dated September 18, 2015, Gatz conveyed to Goose Ridge, premises known as 6626 Sound Avenue, Mattituck, New York, and more particularly described on the Suffolk County Tax Map as 1000-113.00-07.00-021.000, See Schedule "A"annexed hereto; f OAC) WHEREAS, Gatz owns the premises adjacent to the east of the within premises L ( 3,DD known as 6477 Sound Avenue, Mattituck, New York 11952, and more particularly p7.()o O� s DL)D described on the Suffolk County Tax Map as 1000-113.00-07.00-022.000, See Schedule "B"annexed hereto; Dai• WHEREAS, the parties wish to memorialize the following agreed upon terms and conditions: TREES AND LANDSCAPING: 1. There presently exists trees and landscaping along the eastern boundary line of the premises conveyed this day to Goose Ridge, adjacent to premises owned by Gatz, but located wholly within the boundary of the Goose Ridge premises. The parties agree that Walter Gatz, during and for his lifetime, may enter upon the Goose Ridge premises to maintain and care for such trees and landscaping. 2. The parties further agree that the trees and landscaping are located wholly within the premises conveyed this day by Gatz to Goose Ridge and that neither Walter 1 Gatz, nor Marilyn Gatz, make any claim of ownership to the trees, landscaping or to the area located between the fence presently erected west of the common boundary line. 3. The parties further agree that as an accommodation to Gatz, the fence presently erected, and located on the premises conveyed this day to Goose Ridge, is located west of the Goose Ridge property boundary line, or inside the property line. During the life time of this agreement no fence shall be located any closer to said boundary line. The fence was erected in this manner to afford Walter Gatz access to the trees and landscaping. Gatz acknowledges that the trees and landscaping are not located on their property and they make no claim to the land upon which the trees and landscaping exist. Said trees and landscaping are conveyed this day from Gatz to Goose Ridge. Gatz acknowledges that their use of the Goose Ridge premises to maintain the trees and landscaping is permissive and not hostile or adverse. 4. Gatz further agrees not to assert a claim for adverse possession at any time. 5. The parties further agree that upon transfer of title to the Gatz property, or upon the death of Walter Gatz and Marilyn Gatz, the aforementioned agreement for Walter Gatz to maintain the trees and landscaping shall cease with no further rights to enter or access the Goose Ridge property. 6. The parties further agree to that in the event of a natural disaster or some other event affecting the health of the trees and landscaping, no other trees or landscaping may be planted by Gatz without the written consent of Goose Ridge. 2 RIGHT OF WAY DRIVEWAY ACCESS 7. The parties acknowledge that access to the premises conveyed this day by Gatz to Goose Ridge is provided by a private right of way owned by Gatz and that said right of way is the only means of access to the premises. 8. The parties agree that their respective premises are subject to a Declaration of Covenant regarding maintenance of the common right of way recorded in Liber 1 R3 Anton g�6�11 . During Goose Ridge's ownership of the premises set forth in Schedule A, Goose Ridge will not construct a driveway made of asphalt or any other similar material, over the current right of way. In the event Goose Ridge seeks to sell and or transfer the premises set forth in Schedule A, Goose Ridge shall notify Gatz of its intention to transfer the premises, at which time, Goose Ridge may construct a driveway over the right of way for access to the premises. WELL LOCATED ON GOOSE RIDGE PROPERTY 9. The parties agree that the well located on the premises conveyed by Gatz to Goose Ridge is owned by Goose Ridge and that said well was purchased from Gatz in 2014 for good and valuable consideration. 10. Notwithstanding the fact that Goose Ridge owns the well, it is agreed that Gatz shall be permitted to use the well to irrigate his property subject to the conditions set forth in paragraph 13 herein. IL Further, the generator used to power the well and to irrigate both properties, is owned and operated by Gatz. Gatz agrees to allow Goose Ridge the 3 I continued use of his generator, at his cost and expense, to irrigate both properties and to fill any future ponds that may be located on the Goose Ridge property. 12. In the event that the generator, presently located on the premises and in use by Gatz, becomes inoperable, it shall be Gatz's responsibility, at his sole cost and expense, to replace said generator. In the event Gatz fails to replace said inoperable generator in a timely manner, then Goose Ridge may purchase a generator, at which time, Goose Ridge shall not be obligated to provide irrigation to the Gatz premises and the within agreement to irrigate both properties from the Goose Ridge well shall cease. 13. Further, upon the death of Walter Gatz and Marilyn Gatz, the transfer of title, or the expiration of ten (10) years from the date herein, whichever event occurs first, Gatz's use of the well shall cease with no further rights between the parties. Goose Ridge shall not be obligated to provide access or use of its well to a subsequent owner of the Gatz property. 14. In the event the well fails for any reason, Goose Ridge shall not be required to replace or repair the well but Gatz may repair or replace well at his option and if he does not, all rights and obligations between the parties shall cease with no further rights between the parties. 15. Notwithstanding any contrary provisions set forth above, the parties agree that the rights and obligations set forth above shall be in effect during the lifetime of Walter Gatz, or until such time as Gatz sells or transfers their premises located at 6477 Sound Avenue, Mattituck, New York 11952, and more particularly described on the Suffolk County Tax Map as 1000-113.00-07.00-022.000, See Schedule "B" annexed 4 hereto. Upon the death of Walter Gatz, or the transfer of their premises, all rights and obligations herein shall cease with no further rights to the parties. VlUb -- Dated: September , 2015 TER AT MARIL G T GOOSE RIDGE FARM III LLC C4Byr: James H. Burke, Member STATE OF NEW YORK ) COUNTY OF SUFFOLK } ss: On the � day of September in the year 2015, before me the undersigned personally appeare Walter Gatz and Marilyn Gatz, 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 entity upon behalf of which the person acted, executed the instrument. KEVIN D.MORRISROE NOTARY PUBLIC STATE OF NEW YORK Notary Public NO.01 M06017881 QUALIFIED iii SUFFOLIK COU NTY/Q STATE OF NEW YORK COMMISSION EXPIRES DEC.2120__ COUNTY OF SUFFOLK ) ss: On the �Ip day of September in the year 2015, before me the undersigned personally appeared James H. Burke, 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 entity upon behalf of which the person acted, executed the instrument. �t R; RirrelI � �yk�� 5�� (�a Notary Public OO po.�( � 7�Q KEVIN D.MORRISROE H�L�spa Ct e 1 U ?.:OSARY PUBLIC STATE OF NEW YORK _ ��}1 HQ.41kSO60178S1 �,�, n I'd-cwbs� 5 OUALIFIV N SUFFOLK COUNTY lv, - }n rr,?F�ISy10N EXPIRES DEC.2120_I_D Schedule A Description Revised: 09/18/2015 Title Number ADA2733-S Page 1 ALL that certain plot, piece or parcel of land situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly side of Sound Avenue distant 917.83 feet Westerly from the corner formed by the intersection of the Westerly side of Cox Neck Road and the Northerly side of Sound Avenue; said point also being the Southeast corner of a fifty (50) foot wide Right of Way, RUNNING THENCE the following two (2) courses and distances along said fifty (50) foot wide Right of Way; 1. North 21 degrees 40 minutes 30 seconds West, 1,044.23 feet; 2. South 68 degrees 19 minutes 32 seconds West, 462.00 feet to the Southeast corner of premises about to be described herein, at the true point or place of beginning, RUNNING THENCE South 68 degrees 19 minutes 30 seconds West, 442.92 feet; THENCE North 21 degrees 04 minutes 40 seconds West, 526.29 feet to Map of Thornton Smith, Section 2; THENCE along said Map of Thornton Smith, Section 2 North 64 degrees 44 minutes 30 seconds East, 438.29 feet; THENCE South 21 degrees 40 minutes 30 seconds East, 553.65 feet to fifty (50) foot wide Right of Way, at the point or place of BEGINNING. TOGETHER with a 50.00 foot right of way over land now or formerly of Walter Gatz and Marilyn Gatz, said right of way bounded and described as follows: BEGINNING at a point on the Northerly side of Sound Avenue said point being situate the following two (2) courses and distances as measured along the Northerly side of Sound Avenue from the Southeast corner of the premises owned by James H. Burke, Marcia Pratt Burke and Lisa M. Pratt and known as Continued On Next Page • Schedule A Description- continued Revised: 0911812015 Title Number ADA2733-S Page 2 1000-121.00-01.00-004.005: 1. North 80 degrees 07 minutes 50 seconds East 35.50 feet; 2. North 78 degrees 29 minutes 50 seconds East 441.77 feet to the point or place of BEGINNING; - RUNNING THENCE from said point of beginning along land now or formerly of Wade W. Davey and. Gisella M. Davey and along land now or formerly of Walter Gatz and Marilyn Gatz the following two (2) courses and distances: 1. North 21 degrees 40 minutes 30 seconds West 985.26 feet; 2. South 68 degrees 19 minutes 30 seconds West 587.00 feet to the Westerly terminus of the 50.00 foot right of way; RUNNING THENCE North 21 degrees 40 minutes 30 seconds West along the Westerly terminus of the aforesaid right of way 50.00 feet to land now or formerly of Walter Gatz and Marilyn Gatz; RUNNING THENCE North 68 degrees 19 minutes 30 seconds East along land now or formerly of Walter Gatz and Marilyn Gatz 637.00 feet to land now or formerly of James J. Bissett III and Irene Bissett; RUNNING THENCE South 21 degrees 40 minutes 30 seconds East along land now or formerly of .lames J. Bissett I II and Irene Bissett 1044.23 feet to the Northerly side of Sound Avenue; RUNNING THENCE South 78 degrees 29 minutes 50 seconds West along the Northerly side of Sound Avenue 50.80 feet to the point or place of BEGINNING. SCHEDULE B Tax Map No. 1000-113.00-07.00-022.000 ALL that certain plot, piece or parcel of land situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly side of Sound Avenue distant 917.83 feet Westerly from the corner formed by the intersection of the Westerly side of Cox Neck Road and the Northerly side of Sound Avenue; said point also being the Southeast corner of a fifty (50) foot wide Right of Way; RUNNING THENCE the following two (2) courses and distances along said fifty (50) foot wide Right of Way; 1. North 21 degrees 40 minutes 30 seconds West, 1,044.23 feet; 2. South 68 degrees 19 minutes 32 seconds West, 462.00 feet to the Southwest corner of premises about to be described herein, at the true point or place of beginning; RUNNING THENCE North 21 degrees 40 minutes 30 seconds West, 554.00 feet more or or less) to a point; THENCE North 64 degrees 44 minutes 30 seconds East, 463.00 feet (+1- more or less) to a point; THENCE South 21 degrees 40 minutes 30 seconds West, 583.00 feet (+1- more or less) to a point; THENCE South 68 degrees 19 minutes 30 seconds West, 462.00 feet (+1- more or less) to fifty (50) foot wide Right of Way, at the point or place of BEGINNING.