Loading...
HomeMy WebLinkAboutL 12973 P 678 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 I I I I I I I I I I I I I I I I I I I I I I I l l l 111111 IIIII 111111111 IN SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 08/13/2018 Number of Pages : 7 At: 02 : 12 : 49 PM Receipt Number : 18-0149897 TRANSFER TAX NUMBER: 18-01322 LIBER: D00012973 PAGE : 678 District: Section: Block: Lot: 1000 106 . 00 06 .00 004 . 001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 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 $8 . 75 NO RPT $400 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $493 . 75 TRANSFER TAX NUMBER: 18-01322 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1� 2 J Number of pages RECORDED 2015 Aug 13 02:12:49 PM JUDITH A. PASCALE This document will be public CLERK OF SUFFOLY. r_.611htT4' record.Please remove all L DOOO12973 Social Security Numbers P 678 prior to recording. DT# 18-01322 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee �°5 Mortgage Amt. 1.Basic Tax Han 20. 00 y� {y 2. Additional Tax TP-5&1 g l© -� Sub Total Notation Spec./Assit. or EA-52 17{County) Sub Tota! Spec./Add. E 7{State TOT. TAX Dualal Town Dual County R.P.T.SyR J. Held forAppointment Comm,of Ed. 5. 00 Transfer Tax Affidavit r�C . Mansion Tax Certified Copy 8 IJ The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Ta Sub Total T YES orNO Other Grand Total \ t�'� If NO, see appropriate tax clause on page p of this instrument. 17_ci•(2 Q 1 Dist.1000 3690521 5 Community Preservation Fund Real Property T C n\deration Amount$ 00) Tax Service R SMI A Agency P S Illi I PF Tax Due $0.00 Verification 09-AUG-1 Improved ' Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land Martin D. Finnegan, Esq. Twomey, Latham, Shea, Kelley,et al. TD P.O. Box 9398 TD Riverhead, NY 11901-9398 TD Mail to:Judith A. Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co Name www.suffolkcountyny.gov/clerk Title i't 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 GLEBE ASSOCIATES,LLC SUFFOLK COUNTY,NEW YORK, TO In the TOWN of SOUTHOLD In the VILLAGE STRONG'S WEST MILL,LLC or HAMLET of MATTITUCK BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Over . 1 pT Stat ID: -R_ WI A 3690521 09-AUG-18 Tax Maps District Secton Block Lot School District 1000 10600 0600 004001 MATTITUCK-CUTCHOGUE 1000 10600 0600 013004 1 BOUNDARY LINE AGREEMENT i AGREEMENT made this day of 2018, between GLEBE ASSOCIATES, LLC, Owner of the property at 5775 West Mill Road, Mattituck, New York 11952 (hereinafter referred to as the "First Party") and STRONG'S WEST MILL, LLC, with a principal place of business at 5780 West Mill Road, Mattituck, New York 11952 (hereinafter referred to as the "Second Party"); WITNESSETH : WHEREAS, the First Party is the owner of certain premises known as 5775 West Mill Road, Mattituck, New York 11952 (SCTM No. 1000 — 106 — 6 — 4.1), as depicted on the survey of First Party's property prepared by Nathan Taft Corwin, III on July 28, 2008, last revised on May 8, 2018, a copy of which is attached hereto as Exhibit "A" ("Survey"); and WHEREAS;the Second Party is the owner of premises known as 5780 West Mill Road, Mattituck, New York 11952 (SCTM No.: 1000 — 106 — 6 — 13.4) which is immediately southwest of and adjoining the property owned by the First Party; and WHEREAS, the First Party and Second Party share a common boundary line which is a portion of the south and west boundary lines of the property of the First Party and the northeastern boundary line of the property of the Second Party, as is shown on the Survey; and WHEREAS, the Survey depicts an area described as "Easement No. 2", more fully described in Exhibit "B" annexed hereto, which includes a gate and a portion of a driveway running along the northeast corner of the property of the First Party, which provides access to the premises owned by the Second Party ("Proposed Easement Area"). -1- NOW, THEREFORE, in consideration of the mutual covenants and agreements made herein, the Parties, for themselves, their successors and assigns, covenant and agree as follows: 1. The Parties acknowledge that the portion of the driveway and gate that are in the Proposed Easement Area and that use of the Proposed Easement Area has been with the consent of the First Party. To formalize this arrangement, the parties agree: (a) the Second Party makes no claim, by adverse possession or otherwise, of any rights or interest in the Proposed Easement Area or any part of the premises owned by the First Party; (b) both parties agree that the boundary line between the property owned by the First Party and the property owned by the Second Party, as shown on the Survey, constitutes the boundary line between their respective properties; and (c) the parties agree that the use of the proposed Easement Area by the Second Party will be governed by a separate Easement Agreement between the Parties of even date herewith. 2. The Second Party, its heirs, legal representatives, successors and assigns, agree to indemnify and hold harmless the other First Party, its heirs, legal representatives, successors and assigns, from any and all claims, damages, or liability that may arise as a result of the Second Party's use of the Encroachment Area as provided in this Agreement. 3. This Agreement contains the entire agreement of the Parties and no modification or alteration of the Agreement can be made unless in writing and signed by the parties hereto. 4. This Agreement shall be binding on the Parties hereto and is for the benefit of and binding upon their respective heirs, legal representatives, successors and assigns, unless modified or altered,as above provided. 5. Any notice required by this Agreement shall be sent by certified mail, return receipt requested. Any notice to be served on either Party shall be sent as follows: -2- To the First Party To the Second Party Barbara Lowe Jeffrey Strong c/o Twomey, Latham, Shea, Kelley, c/o Charles R. Cuddy, Esq. Dubin & Quartararo, LLP 445 Griffing Avenue, #2 Attention: Martin D. Finnegan, Esq. Riverhead, NY 11901 P.O. Box 9398, 33 West Second St. Riverhead, New York 11901-9398 In the event of a transfer of ownership by either Party, a new address for notice shall be provided to the other Party. 6. This Agreement may be executed in counterparts. This Agreement shall be construed in accordance with and governed by the laws of the State of New York. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. GLEB SS CI ES, LLC STRONG'S WEST MILL, C By: WAA�Z= By: Barbara Lowe, Managing Member 4 J trong, naging Member G4'=Fob STATE OF NEWY6f) ) ss.. COUNTY OF . - o�v. ` rvrt[igtU• On the °I day of L'af 2018, before me, the undersigned, personally appeared BARBARA LO E, 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 the person on behalf f whi the individual acted, executed � �a1C ''7 th15 instrument a 17 're Ic-K'! LAAC�P�'CrqrZ o qi- b O ©� �Shc�l F,r,�rl Gtf Notary Pub ll �� y 5 � nG Sc� CG"'.~'L+-f 2 f7� 1051 -3- [�1'n r-► S5 I� 1 ,262-1 C C,rn►n[SS,�n e�cP l rPs Jon STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the IX day of 2018, before me, the undersigned, personally appeared JEFFREY STRONG, 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 the person upon behalf of which the individual acted, executed this instrument. Notary Public CHAgLE$:fi:.CtJDDY �flurt :s?uuoj_ Notary Public,,Siate Of'kajv York iiiolinS ul PeHliino No.02CU5872225SZZZLBsf1CZ0'oN Qualified in Suflolk-County. ?IA9A'M6N io eielS 'agqnd AJIMN: moa E*ris-Dmn*er31�SD/fi? - ,kcano 'd UllibHo -4- }c1a�T•^ SURVEY OF PROPERTY SITUATE MATTITUCK TOWN OF SOUTHOLD d� SUFFOLK COUNTY, NEW YORK `yr m� �• S.C. TAX No. 1000-106-06-03 CL „•,,,,,, ,,, S.C. TAX Ne. 1000-106-06-4.1 Imo•^ I +•: SCALE 1"=20' Oaf R+x JULY 2°,oo 200a T6 '+ii.2!,, • r�0.x�:.`� �":.n�•.ef w..1 r. AREA DATA S�. iC. J J' f}110LJ0 S.C.lu Ma. 10,010 N.n. J. �.� l MTP#OL� 1000-rM-aR-a,l r� bbS� N 7NE MDKR71E$MORIN MO S MI7M M NE SAACT PIMPLY 'xa �• �brl.'� ,� ARE RL1XMEa0EC, �' •+~••�'�.AOR :•` �C. CPR 11 m F� �'-�+i H• , P• CURE x110 MS.LLL 9 Rn ME AJ37-Er,uc • �1 N,] FW xWRICAN MU INSLRn E C01•fwr Of,[Nr YORN }, IN[RR�OOEMx Nf10N NAMNAL RANK ?I % n S f•I r " ,yon ; .,�, EASEMENT N0. t t •$, ; SCALE 1`•20' 4y y, 0. TO- 'y .,�-• •� / •d"�.y} EASEMENT No, 1 ifl � T 7y : r// (SEE DETAIL) {S � EASEMENT Na. 2 B*1 l O " "•" SCALE 1 .20' t� `(I /•'r' •}', j 53 q1 X11 � . •�"" ^^ y5 _ Nathan Taft Corwin III Land Surveyor EASEMENT No. 2—*' �, ,'^ 1 " "7 ( ) °x'0 SEE DETAIL w' 6°.70' 5 670 uMRNprx l I=..•s l •a.E lurp+�-+«. r[u�1rn-1 +«i�i� �:w�:,,•rilga- �.rte.r�i�w1 wmrrtpw rr i , EXHIBIT "B" Legal Description of Easement No. 2 ALL that certain plot, piece or parcel of land, with improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at a point along the westerly side of Mill Road at the northeasterly corner of land to be herein described , said point being also the following two (2) courses and distances from a concrete monument where the division line between land now or formerly Glebe Associates, LLC and land now or formerly Strongs West Mill, LLC intersects the westerly side of Mill Road: (l) South 53 degrees 23 minutes 00 seconds East along the westerly side of Mill Road, 162.15 feet to a point; (2) South 23 degrees 30 minutes 00 seconds East along the westerly side of Mill Road, 110.12 feet to the true point or place of BEGINNING; RUNNING thence the following two (2)courses and distances along the westerly and southerly sides of Mill Road: (1) South 23 degrees 30 minutes 00 seconds East, 24.20 feet to a point; (2) North 66 degrees 52 minutes 00 seconds East, 4.69 feet to a point; RUNNING thence South 07 degrees 39 minutes 33 seconds East through land now or formerly of Glebe Associates, LLC, 20.32 feet to a point along the northerly line of land now or formerly of Strongs West Mill, LLC; RUNNING thence the following two (2) courses and distances along the northerly and easterly lines of land now or formerly Strongs West Mill, LLC: (1) South 84 degrees 08 minutes 20 seconds West, 17.5 7 feet to a point; (2) North 35 degrees 49 minutes 30 seconds West, 26.66 feet to a point; RUNNING thence North 38 degrees 27 minutes 46 seconds East through land now or formerly of Glebe Associates LLC, 26.40 feet to the point or place of BEGINNING.