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HomeMy WebLinkAboutL 12971 P 47 11111111 IIII III1111111 11111 VIII II111 VIII IIIII Illl IIII 1111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 07/25/2018 Number of Pages : 8 At: 10 : 10 :50 AM Receipt Number : 18-0135475 TRANSFER TAX NUMBER: 17-38823 LIBER: D00012971 PAGE : 047 District: Section: Block: Lot: 1000 137 . 00 04 . 00 034 . 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 $5 . 00 NO Notation $0 .00 NO Cert.Copies $10 . 00 NO RPT $400 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $495 . 00 TRANSFER TAX NUMBER: 17-38823 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 RECORDED 2018 .Au1 25 10:10:50 Afi9 Number of pages JUDITH A. PASCALE CLERK (IF SUFFOLK COUNTY This document will be public L D00012971 record. Please remove all P 047 DT# 17-38823 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee /\ Mortgage Amt. 1.Basic Tax Handling 20. 00 _ 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub TotalSpec./Add. e► TOT.MTG.TAX i EA-5217(5 ) Dual Town Dual County R.P.T.S.A lJL! Held forAppointment Comm.of 5. 00 Transfer Tax Affidavit • + Mansion Tax Certified Copy O 00 �� The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 �01 — family dwelling only. Sub Total YES orNO Other Grand Total If NO, see appropriate tax clause on page# of this instrume 4 Dist. 1000 S3677748 zy, 5 Community Preservation Fund Real Property T 10111111111 Consideration Amount$ Tax Service RPVIT Agency CPF Tax Due $ Verification 2D-JUL-19 / p Improved ✓ 5 Satisfactions/'Discharges ECORD Releases yOwners Mailing Address Vacant Land STEWART TITLE INSURANCE COMPANY 825 THIRD AVENUE I 30TH FLOOR TD NEW YORK, NEW YORK 10022 TD TD Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name STEWART TITLE INSURANCE COMPANY www.suffolkcountyny.gov/clerk Titlekl TA17(08)691 8 Suffolk County Recording & Endorsement Page This page forms part of the attached BOUNDARY AGREEMENT made by: (SPECIFY TYPE OF INSTRUMENT) VINCENT ILLUZZI The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD ENNO J.de BOER and In the VILLAGE HANNAH de BOER or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN SLACK INK ONLY PRIOR TO RECORDING OR FILING. over pT S Stat ID: 3677748 R ViT A20-JUL-18 Tax Maps District Secton Block Lot School District 1000 13700 0400 034000 MATTITUCK-CUTCHOGUE 1000 13700 0400 035000 MATTITUCK-CUTCHOGUE r.s� �.-..-,�.,-�-....--•rte--1 `���,._ �r� • pop) �� BOUNDARY AGREEMENT This Agreement, made the -k-.-- day of kO- 2018, between Vincent Iliuzzi, residing at 7 Cowdray Parkway, Far Hills New.Jersey hereinafter "Illuzzi") Party of the First Part, and Enno J. de Boer and Hannah de Boer, residing at 1555 Fleetwood Road Cutchonue. New York (hereinafter"de` Boer") Party of the Second Part; WHEREAS, the Party of the First Part is the owner in fee simple of certain real property known as and by 1616 Fleetwood Road, Cutchooue, New York , designated as District 1004, Section 137, Block 4, Lot 35 on the Tax Map for the County of Suffolk, State of New York and as more particularly described on Schedule A attached hereto and made part hereof(hereinafter"Parcel A"); and WHEREAS, the Party of the Second Part is the owner in fee simple of certain real property known as and by 1655 Fleetwood Road Cutcho ue New York designated as District 1000, Section 137, Block 4, Lot 34 on the Tax Map for the County of Suffolk State of New York and as more particularly described on Schedule B attached hereto and made part hereof (hereinafter "Parcel B"); and WHEREAS, Parcel A adjoins Parcel B; and WHEREAS, a survey of Parcel A has been prepared by Peconic Surveyors, P.C. land surveyor, dated F0ruary 27 2018 (hereinafter the "Survey"), a copy of which is attached as Exhibit 1, Said survey shows, among other things, a wool fence which runs along or nearby the northerly line of Parcel A and the southerly line of Parcel B but is situate up to 1.8 feet south of and inside Parcel A;and WHEREAS, the parties desire to fix and definitely establish the boundary line between the two parcels mentioned above respectively owned by them without resort to litigation; and NOW, THEREFORE, in consideration of the mutual promises and conveyances herein contained, and other good and valuable consideration, the receipt of which is hereby mutually acknowledged, the parties hereto for themselves and their heirs, legal representatives, successors and assigns, covenant and agree as follows: That irrespective of the placement of the wood fence between Parcel A and Parcel B, the common boundary line between the parcels shall be deemed the l3ortherl boundary of the property owned by the Party of the First Part and the southerf_v boundary of the property.owned by the Party of the Second Part as set forth in their legal descriptions attached hereto on Schedule A and Schedule B. The Party of the First Part does hereby remise, release and quitclaim unto the Party of the Second Part, its successors and assigns, all of its right, title and interest in and to any land lying to the north of the said boundary line so established, and the Party of the Second Part does hereby remise, release and quitclaim unto the Party of the First Part, its successors and assigns, all of its right, title and interest in and to any land lying to the south of the said boundary line so established. The parties further agree that the Party of the First Part and any subsequent owner of Parcel A shall have the right at any time without notice to remove the fence and hedges or move the fence and hedging on to or near the boundary fine, and The parties further agree and acknowledge that any past, present or future use by the Party of the Second Part, their heirs, legal representatives, successors and assigns, of any portion of Parcel A lying south of the boundary line has always been, is and will be permissive and not hostile to or with any claim of right against the Party of the First Part, their heirs, legal representatives, successors and assigns, except such permission to have the wood retaining wall remain as set forth herein. Notwithstanding the foregoing, the wood retaining wall, as shown on the survey as extending Into Parcel A. may remain In place until the retaining wall Is replaced, at that time, the retaining wall will be moved by the owner of Parcel B at the owners sole expense so it no longer extends beyond the common boundary line. The foregoing sentence shall not in any way change or alter the established boundary line between Parcel A and Parcel B as agreed to In this agreement. IT IS MUTUALLY AGREED AND COVENANTED that this agreement shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns. In WITNESS WHEREOF, we have hereunto set our hands and seals on the date first above mentioned. cent I v� Enn a Boer Hannah de Boer STATE OF NEW YORK ) } ss.: COUNTY OF �1 } On the O day of MCA in the year 20A before me, the undersigned, personally appeared Vincent Illuzzi, ersonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their capacity(ies), and that by hislherlthei signature(s) on the instrument, the Individual(s), or the person upon beh If of whic a ind' duals) acted, executed the instrument. Not Pubt c JANET M.USEWICK Notary Public,State of New York No.4983656 Qualified in Suffolk County Commision Expires July 1,2b-15 STATE OF NEW YORK ) COUNTY OFYUY�t—) On the -- day of in the year 204-before me, the undersigned, personally appeared Enno J.de r,.personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within Instrument and acknowledged to me that helshelthey executed the same in his/her/their capacity(ies), and that by his/her/their signatures) on the instrument, the individual(s), or the person u behalf of . h t individual(s)acted, executed the instrument, Lc HIRAM CORTES JA ary Pub NOTARY PUBUC,S'L'ATE OF NEW YORK KINGS COUNTY UC.01 C06252583 ti STATE OF NEW YORK ) COMMISSION EXPIRES 12112/2019 COUNTY OF ) ss.: Gw Y ) On the G day of MJM I ( in the year 2011 before me, the undersigned, personally appeared Hannah de Boer, ersonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person up behalf of h th Ividual(s) acted, executed the instrument. N&6y Public HIRAM CORTES JR NOTARY PUBUC,STATE OF NEW YORK KINGS COUNTY UC.01006252583 COMMISSION EXPIRES 12!12019 SCHEDULE A— LEGAL DESCRIPTION (parcel �J ALL that certain plot, piece or parcel of land, situate, lying and being at Fleets Neck, near Cutchogue, Town of Southold, Count of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Fleetwood Road, distant 250.08 feet northerly from the corner formed by the intersection of the easterly side of Fleetwood Road and the northerly side of East Road at the intersection of lands now or formerly of Frank B. Ryder; RUNNING THENCE along the easterly side of Fleetwood Road, North 05 degrees 31 minutes 40 seconds West a distance of 50.00 feet to land now or formerly of Gardner, now or formerly of Walsh; RUNNING THENCE along lands now or formerly of Gardner now or formerly of Walsh, North 85- degrees 57 minutes,20 seconds East a distance of 258.87 feet to average high water line of East Creek; RUNNING THENCE along said average high water line, the tie line of which bears South 07 degrees 45 minutes 00 seconds East, 75.14 feet to lands now or formerly of Grissel; RUNNING THENCE along lands now or formerly of Grissel, the following three (3) courses and distances: (1) South 85 degrees 57 minutes 20 seconds West a distance of 222.93 feet; (2) North 04 degrees 02 minutes 40 seconds West a distance of 25.00 feet; and (3) South 85 degrees 57 minutes 20 seconds West a distance of 39.50 feet to the easterly side of Fleetwood Road at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises as those more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Fleets Neck, near Cutchogue, Town of Southold, Count of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Fleetwood Road, distant 250.08 feet northerly from the corner formed by the intersection of the easterly side of Fleetwood Road and the northerly side of East Road at the intersection of land now or formerly of Grissel; RUNNING THENCE along the easterly side of Fleetwood Road, North 05 degrees 31 minutes 40 seconds West a distance of 50.00 feet to land now or formerly of Flore; RUNNING THENCE along land now or formerly of Flore, North 85 degrees 57 minutes 20 seconds East a distance of 262.39 feet to mean high water mark of East Creek, also known as Eugene's Creek, as shown on a certain survey made by Peconic Surveyors, P.C., dated February 27, 2018; RUNNING THENCE along the mean high water line of East Creek as it winds and turns, the following two (2) tie line courses and distances: (1) South 10 degrees 09 minutes 25 seconds East a distance of 56.59 feet; and SCHEDULE A LEGAL DESCRIPTION (CONTINUED) (2) South 12 degrees 17 minutes 13 seconds West a distance of 19.51 feet to the aforementioned land now or formerly of Grissel; RUNNING THENCE along said land now or formerly of Grissel, the following three (3) courses and distances: (1) South 85 degrees 57 minutes 20 seconds West a distance of 222.13 feet; (2) North 04 degrees 02 minutes 40 seconds West a distance of 25.00 feet; and (3) South 85 degrees 57 minutes 20 seconds West a distance of 39.50 feet to the easterly side of Fleetwood Road at the point or place of BEGINNING. Stewart Title Insurance Company Title Number,ADA,03071-S Page 1 SCHEDULE�DESCRIPTION (f(VCQ J �) Amended 1/31/2Q17 ALL,that certain plot, piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at FJeet's Neck, Cutchogue, Southold Town, Suffolk County, New York, bounded and described as follows; BEGINNING at a concrete monument set on the easterly side of Fleetwood Road at the northwest comer of the premises herein described adjoining land formerly of Joseph Hahn, Jr., later of Andrea Jensen, said point of beginning being distant about 350.08 feet North of the northerly side of East Road; RUNNING THENCE along said last mentioned land, North 85 degrees 57 minutes 20 seconds East through a concrete monument set in the tip of the bank 265.00 feet(actual), 275 feet,more or less (deed)to high water mark of East Creek; THENCE South 06 degrees 23 minutes 28 seconds West, along high water mark of East Creek, 50.82 feet (actuaq, 50 feet, more or less(deed), to land formerly of Enda Brower, later of William A. Kennedy and Ava M.Kennedy, his wife; THENCE along said last mentioned land South 85 degre=es 57 minutes 20 seconds West, through a stake set in the top of the bank 254.50 feet(actual),280 feet,more or less (deed), to the easterly side of Fleetwood Road; THENCE along the easterly side of Fleetwood Road, North 5 degrees 31 minutes 40 seconds West 50.00 feet to the concrete monument and the point or place of BEGINNING. FOR CONVEYANCING ONLY:Together with oil right,title and Interest of,In and to any streets and roads abuttin=the above described premises,to the center line thereat. � 1 o � LU L. co Vm 56.59 19 57'�w 1 0� �� •�'� �� SZ0.0y'25'1= � r N AF • �°•�' Misr= � �� , .s W 5 � 99; g f1 4,1 1161 Pugo a 4.0 40C W x l cs n m_ �2 913 { moo M5-31'40"W 50-00' �;, H A MFLSVW � oOD ROAD `