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.