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Home My WebLink AboutL 12985 P 447 1111111111111111 11111 IllllIIIA VIII VIII VIII IIII Illi 111111 VIII 11111 1111 1111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Recorded: 10/31/2018 Number of Pages : 15 At: 10 :24 : 15 AM Receipt Number : 18-0204509 TRANSFER TAX NUMBER: 18-10823 LIBER: D00012985 PAGE : 447 District: Section: Block: Lot: 1000 111 . 00 14 . 00 017 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $75 . 00 NO Handling r $20 .00 NOV 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 $525 . 00 TRANSFER TAX NUMBER: 18-10823 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County �r Number of pages RECORDED 2018 Oct 31 10.24,15 Rt9 JUDITH R. PASCALE This document will be public CLERK OF SUFFOLK COUNTY record.Please remove all L D00012985 Social Security Numbers P 447 prior to recording. DT# 18-10823 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee __ Mortgage Amt. f-D1.Basic Tax Handling 20. 00 2. Additional Tax TP-58 *?/ 0 — Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total [/�.� Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. y Dual Town Dual County �g Held for Appointment Comm.of S. 00 � Transfer Tax Affidavit Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total If NO, see appropriate tax clause on page# of this instrume t. 4 Dist. 3748735 �E r t��k u 000 5 Community Preservation Fund Real Propei p T S II�II��I�®I�®IIB IWI� coV Consideration Amount$ Tax Service R LPA A Agency 31-OCT-1 CPF Tax Due $ Verificatiol Improved - 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD O Christine Konefal,Esq. Kurzman Eisenberg Corbin&Lever,LLP TD 1 North Broadway TD White Plains,NY 10601 Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Bridge Abstract LLC www.suffolkcountyny.gov/clerk Title# BAL4292S s Suffolk County Record in & Endorsement Page This page forms part of the attached BOUNDARY LINE/LICENSE AGREEMENT made by: (SPECIFY TYPE OF INSTRUMENT) Robert Profeta and Gloria A.Profeta,as The premises herein is situated in Co-Trustees SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold William Giacone and Cindy C.Nance In the VILLAGE or HAMLET of Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over pT S Stat ID: 3748735 R LPA A 31-OCT-18 Tax Maps District Secton Block Lot School District 1000 11100 1400 017000 MATTITUC K-CUTCHOGUE 1000 11100 1400 016000 MATTITUCK-CUTCHOGUE r C3gG yzg2S BOUNDARY LINE/LICENSE AGREEMENT -�L This Agreement (this "Boundary Line Agreement") is made the 10� day of October, 2018, between Robert Profeta and Gloria A. Profeta, as Co-Trustees of the Robert Profeta Family Trust, dated 9/25102, as to an undivided fifty percent interest and Glora A. Profeta and Robert Profeta, as Co-Trustees of the Gloria A. Profeta Family Trust dated 9125102, collectively as Party of the First Part, and William Giacone and Cindy C. Nance, 1130 Little Peconic Bay Road, Cutchogue, New York 11935, Party of the Second Part. )t /u4o L'Ple- Gu fc�oy.� WHEREAS, the Party of the First Part is the owner in fee simple of certain real property known as and by 1060 Little Peconic Bay Road, Village of Cutchogue, Town of Southold, State of New York, designated as District 1000, Section 111.00, Block 14.00, Lot 016.00 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 1130 Little Peconic Bay Road, Village of Cutchogue, Town of Southold, State of New York, designated as District 1000, Section 1 11.00, Block 14.00, Lot 017.000 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, the survey of Parcel B prepared by Nathan Taft Corwin III Land Surveyor, dated October 19, 2018, attached hereto and made a part hereof as Exhibit 1 shows the bulkhead belonging to the Party of the First Part encroaching 1.7 feet east of Parcel B's westerly record line of title (the "Bulkhead Encroachment"); and WHEREAS, the Parties desire to confirm, fix and definitely establish the boundary line between the two parcels mentioned above respectively owned by them, without resort to litigation; and WHEREAS, the Parties wish to memorialize their agreement to allow the Bulkhead Encroachment to remain in its current location in accordance with the terms hereof. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties hereto for themselves and their heirs, legal representatives, successors and assigns, covenant and agree as follows: I. Irrespective of the placement of the aforementioned Bulkhead Encroachment between Parcel A and Parcel B, the common boundary line between the parcels shall be deemed the easterly boundary of the property owned by the Party of the First Part and the westerly boundary of the property owned by the Party of the Second Part, all as shown on the survey attached hereto as Exhibit 1. 2. The Party of the First Part, on behalf of itself and its successors and assigns, 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 east of the said boundary line so established, and the Party of the Second Part, on behalf of itself and its successors and assigns, 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 west of the said boundary line so established. 3. The Parties further agree, unless otherwise agreed to in writing by the Parties, that wherever the Bulkhead Encroachment as presently existing, encroaches upon Parcel B, the Party of the Second Part grants the Party of the First Part a license to allow the Bulkhead Encroachment to remain in its present location and configuration as long as it is maintained in good order, condition and repair in accordance with the terms of this Boundary Line Agreement. The Parties acknowledge that any use by the Party of the First Part, its heirs, legal representatives, successors and assigns, of any portion of Parcel B lying east of the above-described line, is permissive and not hostile to or with any claim of right of ownership against the Party of the Second Part, their heirs, legal representatives, successors and assigns. 4. It is further agreed that the Bulkhead Encroachment shall be maintained in good and safe repair by, and at the sole cost and expense of, the Party of the First Part, and that if it falls into disrepair, the Party of the First Part reasonably and timely (taking into account the seasonality of the Cutchogue weather), shall repair such Bulkhead Encroachment in like kind. Such Bulkhead Encroachment may be modified, replaced or changed, by the Party of the First Part, as long as any such modification, replacement or change shall be of like kind and like size. 5. The Party of the First Part shall indemnify the Party of the Second Part and hold it harmless from and against any claims made by any person with respect to the Bulkhead Encroachment and any event or activity that may occur with respect thereto, except for claims arising from the misconduct or negligence of the Party of the Second Part. The Parties acknowledge and agree that the Party of the Second Part shall have no liability with respect to the Bulkhead Encroachment except as otherwise provided herein. It is expressly agreed that the Party of the Second Part shall have no obligation with respect to any DEC requirements as they pertain to the Bulkhead Encroachment. b. The Parties further agree that all access to the Bulkhead Encroachment by or on behalf of the Party of the First Part shall be from the western most area of the property of the Party of the First Part which is closest to such Bulkhead Encroachment and the Party of the Second Part shall grant access to the Party of the First Part onto Parcel B for the purpose of repairing and maintaining the Bulkhead Encroachment provided the Party of the First Part shall give at least 48 hours' advance notice to Party of the Second Part and shall provide evidence of insurance satisfactory to the Party of the Second Part; and shall restore any damage to Parcel B resulting from such access. 7. The Parties further agree that this Boundary Line Agreement does not create any rights, duties, servitudes or obligations of any sort on behalf of any party in the property of the other party except as expressly stated herein. 8. Except as otherwise set forth herein, this Boundary Line 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. It is agreed that this Boundary Line Agreement (1) represents the entire understanding of the parties with regard to its subject matter, (2) neither party is relying upon any representations by any person or entity not set forth herein, (3) may not be modified except in writing signed by all necessary parties, and (4) shall be governed by New York law. This Boundary Line Agreement may be executed in counterparts which together shall constitute the whole. Balance of Page Intentionally Left Blank; Signatures Follow In WITNESS WHEREOF, we have hereunto set our hands and seals on the date first above mentioned. Party of the First Part: Robert Profeta Family Trust, dated 9125/02 By: Robert Profeta, Co-Trustee By: Gloria A. Profeta, Co-Trus e Glora A. Profeta Family Trust, dated 9125102 By: � Gloria A. Profeta, Co- stee By: Q 'a- n'tk& Robert Profeta, Co-Trustee Pary of the Second Part "f/p,Azzllf (44 Willjam iacone G-)w Cindy C. Na ce STATE OF NEW YORK } } ss.: COUNTY OF SUFFOLK } On the o29 day of October in the year 2018 before me, the undersigned, personally appeared Robert Profeta, 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 he/she/they 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 upon behalf of which the individual(s) acted, executed the instrument. No Public LORRAINE KLOPFcR Notary Public,State of W-vV York No.4828373 Qualified in Suffolk County Commission Expires Nov.3o, STATE OF NEW YORK } } ss.: COUNTY OF SUFFOLK } On the day of October in the year 2018 before me, the undersigned, personally appeared Gloria A. Profeta, 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 he/she/they 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 upon behalf of which the individual(s) acted, executed the instrument. LNo ry Public 74 LORRAINE KLOPPER NotarY Public,State of Nays York No.4928373 Quarlffed in Suffolk wuntY Commission Expires Nov.3%c.? � STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK On the 04/ day of October in the year 2018 before me, the undersigned, personally appeared William Giacone, 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 he/she/they 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 upon behalf of which the individual(s) acted, executed the instrument. tary Public IORAAENE 1CLOPF.R Notary Public,State of New York No.4828373 clualified in Suffolk County STATE OF NEW YORK ) fammission Expires Nov.30, C20,01i ss.: COUNTY OF SUFFOLK On the 0?9 day of October in the year 2018 before me, the undersigned, personally appeared Cindy C. Nance, 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 he/she/they 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 upon behalf of which the individual(s) acted, executed the instrument. of Public LORRAINE KLOPFER Nmary Public,State of New York Nm 4828373 _ Ouali#ed in Suffolk County Commission Expires Nov.30, 0?0 aI Schedule A Parcel A Stewart Title Insurance Company Title Number: BAL4292S Page 1 SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Nassau Point, near the Village of Cutchogue, Town of Southold, County of Suffolk and State of New York, being Lot Number 237 as shown on: "Map of Nassau Point Club Properties, Inc., dated June 28, 1922, Otto W. Van Tuyl, C.E. and Surveyor, Greenport, L.I., N.Y." said map being filed in the Suffolk County Clerk's Office as Map No. 156 on 811611922. Said Lot 237 is described as follows: BEGINNING at a concrete monument set on the southerly line of Little Peconic Bay Road at the northeasterly corner of Lot No. 237, being also the northwesterly corner of Lot No. 236 as shown on amended Map A. of Nassau Point Club Properties, Inc., situate on Nassau Point, Suffolk County, New York and filed in the County Clerk's Office at Riverhead, N.Y. as Map No. 156; from said point of beginning RUNNING THENCE along land of Lot No. 236 on said map, South 15 degrees 05 minutes 00 seconds East, 152 feet to the shore of Wunneweta Pond; THENCE southwesterly along said shore of Wunneweta Pond, South 68 degrees 23 minutes 27 seconds West, 95.12 feet to the easterly side of Lot 238; THENCE along land of Lot No. 238 as shown on said map, North 02 degrees 35 minutes 00 seconds West, 163 feet to said southerly line of Little Peconic Bay Road; THENCE northeasterly along said southerly line of Little Peconic Bay Road on a tie line course, North 71 degrees 22 minutes 00 seconds East, 59.34 feet to the point or place of BEGINNING. 1 Schedule B Parcel B Title Number: FE-119957-S Underwriter: First American Title Insurance Company SCHEDULE A LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land, lying and being of Nassau Point in the Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled , "Amended Map A of Nassau Point, owned by Nassau Point Club Properties Inc.,"and filed in the Office of the Clerk of the County of Suffolk on August 16, 1922 as Map No. 156, being shown on said map as Lot No. 238, said lot being more particularly bounded and described as follows: BEGINNING of a point on the southerly side of Little Peconic Bay Road, said point being the division line between Lots 237 and 238 on amended Map A of Nassau Point; THENCE from said point beginning South 02 degrees 35 minutes 00 seconds East, 173.40 feet to Wunneweta Pond; THENCE along Wunneweto Pond, South 71 degrees 21 minutes 50 seconds West 90.93 feet to point; THENCE North 08 degrees 28 minutes 30 seconds East along the easterly line of 15 foot wide Path 176.97 feet to a monument; THENCE along an arc of a curve bearing to the right on a tie line North 45 degrees 42 minutes 35 seconds East 31.40 feet; THENCE North 79 degrees 53 minutes 27 seconds East 30.26 feet to the point or place of BEGINNING. FOR CONVEYANCING ONLY: TOGETHER with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. The property address(es) is(are) provided solely for informational purposes,without warranty as to accuracy or completeness and are not hereby insured. ADDRESS: 1060 LITTLE PECONIC BAY ROAD, CUTCHOGUE, NY 11935 County:Suffolk District 1000 Section 111.00 Block 14.00 Lot 016.000 NY Title Report(rev. 12/2/1-1) Exhibit 1 Boundary Line Survey R SURVEY OF LOT 23'7 AMENDED MAP A OF NASSAU POINT OIFM£O Or NASSAV MIN't CLOG PROPERTl£6, r— FILE Ne. 156 FILED Auwsr ,6, 1922 SITUATE NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-111-11-17 SCALE 1'=20' YAxuBIM JULY _1 w1?0 i-acxnxo.ouv f ]CIOMER I5.9013 KW-0 ' •.ro1v a.,sro..1c+nvo 1111' ,n ate 'r r791.J�Rr,3,221;f0µ0'.,pl L]GlCel =1b1e':FOA,�L SMrx+ --�~ ��j 1 {, LOT ARCA 11,970 39 }l. ( 1 /Pi e 1 0.224 TT 1 S.E pEl .. 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