Documents

application 95 pages

Also attached to this agenda item: 19 Hunter Pl Draft Resolution 2025 19 Hunter Place 2022 Survey w easment 19 Hunter Place Revised Application 8.5.25 19 Hunter Place App Edits and Add-Ons 8.5.25 19 Hunter pl 2025 Survey

PRINTED BADEY & WATSON May 20, 2022 Surveying & Engineering, D ________________________ ________________________ J E N N I F E R W R E A P S T A T E O F N E W Y O R K L IC E N S E D L A N D S U R V E Y O R EX C EL S I O R Westchester County Recording & Endorsement Page Submitter Information Judicial Research- PICK UP 914-381-6700 800 Westchester Avenue Suite 914-381-6785 City/State/Zip: Rye Brook NY 1 0573 Document Details Control Number: Document Type: Deed Agreement (DAG) Total Page Count: 14 Document Page Count: 1 1 Package ID: Parties 1st PARTY 1: - Individual - Individual SIMMONS JONATHAN GARRETT DARLENE 2: - Individual CALCUTTI VITO Jr SMITH EMILY Street Address: 1 5 MICHAELS LANE City/Town: CORTLANDT 2: 1: Supporting Documents 1: TP-584 Recording Fees Mortgage Taxes Document Date: Mortgage Amount: Basic: $0.00 Westchester: $0.00 Additional: $0.00 MTA: $105.00 Consideration: Total Mortgage Tax: $0.00 Transfer Tax: Exempt: Q Mansion Tax: $0.00 Transfer Tax Number: RECORDED IN THE OFFICE OF THE WESTCHESTER COUNTY CLERK Recorded: 03/19/2024 at 09:50 AM Control Number: Dwelling Type: Serial #: JRrecording@judicialtitle.com Reference for Submitter: 36848 CG The Office of the Westchester County Clerk: This page is part of the instrument; the County Clerk will rely on the information provided on this page for purposes of indexing this instrument. To the best of submitter's knowledge, the information contained on this Recording and Endorsement Cover Page is consistent with the information contained in the attached document. Name: Address 1 : Address 2: $0.00 $0.00 $40.00 $60.00 $0.00 $0.00 $0.00 $5.00 $0.00 1: 2: JACOB E. AMIR, ESQ. ZARIN & STEINMETZ, ESQ. 81 MAIN STREET, SUITE 415 WHITE PLAINS, NY 10601 Special: Yonkers: Phone: Fax: Email: $0.00 $0.00 $0.00 0 Additional Parties on Continuation page 2nd PARTY Witness my hand and official seal Timothy C.ldoni Westchester County Clerk - Individual Q Additional Properties on Continuation page 78.8-4-30 Village: Cross- References 3: | | Additional Cross-Refs on Continuation page 4: *640753432DAG001Y* Record and Return To Q Pick-up at County Clerk's office Statutory Recording Fee: Page Fee: Cross-Reference Fee: Mortgage Affidavit Filing Fee: RP-5217 Filing Fee: TP-584 Filing Fee: RPL 291 Notice Fee: Total Recording Fees Paid: Transfer Taxes Property Tax Designation: 640753432DAG001Y Westchester County Recording & Endorsement Page Control Number: Total Page Count: Document Page Count: 1 1 Package ID: 1st PARTY Addendum 2nd PARTY Addendum VITO N CALCUTTI SR & VIRGINIA CALCUTTI TRUST Other Document Details Document Type: Deed Agreement (DAG) The Office of the Westchester County Clerk: This page is part of the instrument; the County Clerk will rely on the information provided on this page for purposes of indexing this instrument. To the best of submitter's knowledge, the information contained on this Recording and Endorsement Cover Page is consistent with the information contained in the attached document. ‘640753432DAG001 Y* Control Number: Document Page Count: 1 1 Total Page Count: 14 Package ID: Properties Addendum 19 HUNTER PLACE CORTLANDT CROTON-ON-HUDSON 78.8 4 27 The Office of the Westchester County Clerk: This page is part of the instrument; the County Clerk will rely on the information provided on this page for purposes of indexing this instrument. To the best of submitter's knowledge, the information contained on this Recording and Endorsement Cover Page is consistent with the information contained in the attached document. Westchester County Recording & Endorsement Page Document Details Document Type: Deed Agreement (DAG) *640753432DAG001Y* WITNESSETH: Address Record Owner Exhibit A B WHEREAS, Calcutti agrees and acknowledges that, notwithstanding such use, Calcutti makes no claim of ownership or title to any part of the Affected Area, and has no claim of ownership, title, possession or other right to any portion of the Simmons/Smith Property; and WHEREAS, the parties to this Agreement are the record and lawful owners of their respective real properties, with the name of each record owner, and address and tax lot designation for each real property, located in Croton-on-Hudson, New York, with the legal description for each such real property set forth in the exhibits annexed hereto, as follows: WHEREAS, Calcutti, including those acting by or on her behalf, has and continues to exclusively use, maintain and enjoy the benefits of the Improvements made on the Affected Area from the time that Calcutti first acquired the Calcutti Property; and The Vito N. Calcutti Sr. and Virginia Calcutti Irrevocable Trust Jonathan Simmons and Emily Smith 19 Hunter Place (78.8-4-27) (the “Calcutti Property”) WHEREAS, in lieu of Calcutti making claims for adverse possession and/or prescriptive easement as against Simmons/Smith. their successors and/or assignees relating to the Affected Area, the parties hereto desire to memorialize the rights of such parties hereto, their assignees, successors and all others who acquire an ownership interest in the aforementioned properties. The parties hereby agree that Calcutti, her guests, invitees, heirs, beneficiaries, successors and BOUNDARY LINE AGREEMENT This Boundary Line Agreement (“Agreement") is made this ffigrSay of February, 2024, by, between and among Darlene Garrett and Vito Calcutti, Jr., as Co-Trustees of the Vito N. Calcutti Sr. and Virginia Calcutti Trust (“Calcutti”), residing at 19 Hunter Place, Croton-on- Hudson, New York and Jonathan Simmons and Emily Smith (“Smith/Simmons”). residing at 15 Michaels Lane, Croton-on-Hudson, New York. WHEREAS, it appears that a stone masonry retaining wall, concrete patio, roof overhang, walkway and/or retaining wall, and landscaping (the “Improvements”), as shown on a survey made by Badey & Watson Surveying & Engineering P.C., dated December 19, 2023, a copy of which is annexed hereto as Exhibit “C”, are between .1 feet to 6.8 feet east or south of the record line of the Calcutti Property as it borders the Simmons/Smith Property (collectively, the “Affected Area”): and 15 Michaels Lane (78.8-4-30) (the “Simmons/Smith Property” assignees, may continue to use and maintain the Affected Area and the Improvements thereon in the manner presently utilized, which right shall be continuing- in nature. However, the parties agree that said use is permissive and that Simmons/Smith continue to hold fee title in and to the Simmons/Smith Property. NOW, THEREFORE, in consideration of good and valuable consideration and the mutual covenants and promises herein, the parties agree as follows: 3. Calcutti’s continued right of use, maintenance and enjoyment of the Affected Area shall remain in full force and effect until such time as Calcutti or her assignees affirmatively abandon the use of the area shown on the survey annexed hereto encroaching on the Simmons/Smith Property, in a writing that is in recordable form and said termination document is recorded against the name of the then owners of the Affected Area. 1. Calcutti makes no claim and shall make no future adverse claim to title to that portion of the Affected Area or any other portion of land described in Exhibit B, owned by Simmons/Smith. 5. So long as this Agreement remains in force and effect, Simmons/Smith shall not alter the Affected Area, and shall not interfere with Calcutti’s use, maintenance and enjoyment of the Affected Area or the Improvements. Calcutti and her assignee shall take all reasonable steps to maintain the Affected Area and Improvements thereon in good order as presently existing. In the event of disrepair to the Affected Area or the Improvements which causes or threatens physical harm to the remainder of the Simmons/Smith Property, and upon twenty day notice to Calcutti and failure to cure (or begin to cure if completion of remedy is not reasonably possible), then Smith/Simmons may take reasonable steps to remediate the condition at Calcutti’s cost, including legal fees and costs. Simmons/Smith shall have the right, to the extent of their real 2. Calcutti may continue to exclusively use and maintain the Affected Area and Improvements therein in the same manner as presently existing, and as reflected on the Survey, without giving rise to any claim of adverse possession as against any of the other parties to this Agreement. Calcutti shall indemnify and hold Simmons/Smith harmless for any acts and/or omissions arising from such continued use and maintenance of the Affected Area and Improvements by Calcutti, their guests and invitees, and Calcutti shall maintain liability insurance covering the Affected Area. 4. Calcutti and her assignees shall continue to exclusively use and maintain the Improvements in the Affected Area, including making repairs thereto at Calcutti’s cost, so as to not alter the present Improvements within the Affected Area. Notwithstanding the foregoing, Calcutti may replace the present Improvements with the new or substituted items of the materially same or similar kind for the purposes of aesthetics, beautification and/or modernization for Calcutti’s use and enjoyment. Calcutti and her assignees shall have the right to repair or rebuilt any structure or improvement within the Affected Area that may become damaged, deteriorated or otherwise in disrepair, and to replace such structure or improvement in the same or reasonably similar manner as existing hereto. 7. Dated: 2- £/l Dated: onathan Simmons Emily ith property, to replace the stockade fence with fencing of their choice, provided same affords a similar level of privacy as presently existing. Upon reasonable notice and with minimal impact to Calcutti’s enjoyment of the Affected Areas, Simmons/Smith may enter into the easement area if necessary for replacement purposes or to maintain if same cannot be accomplished from the Simmons/Smith side of the fence. This Agreement contains the entire agreement of the parties. There are no prior agreements, oral or written, recorded or unrecorded, relating to the Affected Area. IN WITNESS WHEREOF, the parties have hereby set their hands and seals the day and year first above written. Darlene Garrett, as Co-Trustee of the Vito N. Calcutti Sr. & Virginia Calcutti Irrevocable Trust Dated: a y 10. This Agreement shall have no affect upon the claims, rights and/or interests of any other parties or real properties not described herein. Any representations made in this Agreement are being made strictly for the purpose of entering into this Agreement. Nothing herein shall be deemed an admission, concession or waiver of any other claims, rights/and or interests Calcutti made have as to other real property not owned by Simmons/Smith. 1 1 . The individuals signing below fully understand this Agreement, and have had the opportunity and/or benefit of consultation with legal counsel in reviewing this Agreement. 8. This Agreement may only be amended by writing, signed by the parties or their assignees, to the extent such amendment affects that party’s portion of the ownership, use and possession of the Affected Area. 6. Calcutti shall provide requisite transfer tax forms with this Agreement for each party to execute, and this Agreement shall be recorded in the Office of the Westchester County Clerk, Division of Land Records, as against each party and each of the real properties which are the subject of this Agreement. Calcutti shall pay the costs for preparation and recording of same. 9. This Agreement shall be binding upon the parties, their heirs, successors and assigns, and shall run with the land, in perpetuity unless terminated in accordance with this Agreement. COUNTY OF iment, the ecuteddhe instrument. y STATE OF NEW YORK COUNTY OF ) ) ss: ) ss: ) ss: fotary Public Jacob E. Amir Notary Public, State of New York No. 02AM6019480 Qualified in Westchester County Commission Expires March 16.2Q4 7 / / Notary Public ™ MOHAMMADlASHIDRiAZ Notary Public - State of New York No. 01RI6320662 STATE OF NEW YORK COUNTY OF On the 5^? day of February, 2024, before me personally appeared JONATHAN SIMMONS personally known to me or proved to me on the basis of satisfactory evidence to beJheTndivTdual whose name is subscribed to the within instrument and acknowledged to me that Ke/she executed the same in his/her capacity, and that by his/her/their signature(sV6n^&ie /instrument, the individual, or the person upon behalfof which the individual(s) acted./executed me instrurp^rrt. On the /& day of February, 2024, before me personally appeared DARLENE GARRETT 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/she executed the same in his/her/their capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary public SoiwiiMADTASnDRlAZ Notary Public - State of New York No. 01RI6320662 n Qualified in Queens County f My Comm. Expires Mar, '-i, 20 / On the day of February, 2024, before me personally appeared EMILY SMITH personally known to me or proved to me on the basis of satisfactory evidence to be the'-ffidivRlual whose name is subscribed to the within instrument and acknowledged to me that he/sjne executed the same in his/her capacity, and that by his/her/their signature(s) prUTR^ insi individual, or the person upon behalf of which the individual(s) acted, Dated: COUNTY OF WESTCHESTER ) )ss: On the day of March, 2024, before me personally appeared VITO CALCUTTI JR. 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/she executed the same in his/her capacity, and that by his/her/their signature(s) on the instrument, the individual, or the person upon behalf of which the individual(s) acted, executed the instrument. Jr./as Vito N. Calcutti Sr. & Virginia Calcutti Irrevocable Trust LAURA MCMAHON NOTARY PUBLIC, STATE OF NEW YORK NO. 01MC6017348 QUALIFIED IN ROCKLAND COUNTY, COMMISSION EXPIRES 12/14/20^^ EXHIBITS A Legal Description of Calcutti Property EXHIBIT A ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with buildings and improvements thereon erected, situate, lying and being in the Village of Croton-on-Hudson, Town of Cortlandt, County of Westchester and State of New York, being known and designated as Lot No. 96 on a certain map entitled ’'Map of Building Lots Belonging to Leslie R. Palmer, located in Croton-on- Hudson, Town of Cortlandt, New York”, made by Reynolds and Chase, C. E., dated July 16. 1917 and filed in the Westchester County Clerk’s Office, Division of Land Records on December 4, 1917 as Map no. 2166. EXHIBITS B Legal Description of Simmons/Smith Property EXHIBITS j South 24 degrees 00' 00” West 31.80 feet southerly on a curve to the right having a radius of 25 feet for a distance of 22.88 feet and southerly on a curve to the left having a radius of 57 feet for a distance of 6.95 feet to the point of BEGINNING. RUNNING THENCE along the westerly line of Lot 1 0 North 1 0 degrees 24* 00” East 57.80 feet to a point; RUNNING THENCE through Lot 15 South 66 degrees 00* 00” East 144.15 feet to said line of Michaels Lane (Place) (Rende Lane); RUNNING THENCE along said line of Michaels Lane (Place) (Rende Lane) the following courses and distances: ALL that certain plot, piece or parcel of land, situate, lying and being in the Village of Croton-on- Hudson, Town of Cortlandt, County of Westchester and State ofNew York, being known and designated as a portion of Lot No. 1 5 as shown on a certain map entitled, "Map of Lands known as Villa Rende situate in the Village of Croton on Hudson, Westchester County, N.Y."t made by W. A. Slater, E. & S. dated July 16, 1950 and filed in the Office of the County Clerk, Division of Land Records of Westchester County on October 14, 1 950 as Map No. 72 1 7, being more particularly bounded and described as follows: BEGINNING at a point in the Westerly line of Michaels Lane (Place) (Rende Lane) where the same is intersected by the dividing line between Lots 1 6 and 1 5 on said map and running thence along said dividing line North 66 degrees 00' 00” West, 1 15.56 feet to a point; EXHIBITS C Survey ofCalcutti Property and “Affected Areas” TABLE SNDHfNG PROPOSED EASEMENT DATA EXHIBIT C faeentnt I <y 9? hunter MWfER <r>- ift.****^ h MyMM- s «C (& ‘Ai V .taw«r»** See Detoit A 9'x'''' OwtruM . fir* © Sf' SWrw vasaYz ******** **>rcMr'W‘ It ! 75, f/< ^ce S7- a f, e A BADKYA WATSON Wu«^»8oi»|i|»tMtC tenetnlM*' ig. cASA w m PXP Ms iwStBSSii Itesl I **< $ >1 MSuMS4m m.xuimrMtrw) MrMW> . ———- XCfMST Ms 40S89 Ksa> tXFfUW I MS base' CuU Sons* sv i*nft BADEY Be WATSON Ssrw0yi»l!»|<wnil^,DRC /"<9m » New or formerly Gibbons |W™! Ms ewarate *•» SwwT&w f I Si * Now or formerly Simmons & Smith Mn atUBATtoi I, / Now or formerly Mon troy S»wi^ I I I * £ -OW 6* Jtf- jtraw- •.#•» XbciAtf 3S3&2SH3 Kt* BADEY & WATSON * I /JhspO*rf— fawnwsf IF QrmKfti 44£ Tf £ I fi s I J»Z<f • DETAIL A Scale: f-S" SURVEY Sccrte Gnrttvr 1 £S fa fattiw EASEMENT DETAIL Seat*: f ’-20' f*OM of StyMRV z-O.'gg' g»l | *w fust fly IfaW wa?1 M^netvre p I ! / *< s>r-» < ''-»»- ow Pr<ep6**f~ Edeem**t •ST'' j "XZ.—r’<-‘ u Js Wj ^•Aotasm f/ a A fPj-tr* m Z.M Hof I m X<w" —C I & £ § IB I PT \ZU^ § ! liM iiiii ' I 'Sssgg'r~f wh See "Mop of Lands Known as 'Vff/a Rends’ ...» “ rited n the Westchester Ceunty dark's Office en October fA, !9SO as Hap Na. 22t? \ I /h^ F l/» wfj ii Afco-ftPw ^fif J Jj*» jr*4—-Jil I; ©! Prapae^ fAament Formerly J. /A. Rosen tMr map ng* fvwanW tw t»* «kk&s?>* vs* c* are M skt/cth* orfy fa- mww atLO/nr txeficatstc reusr e»anM cetcvm Afafas > eo»ffi»c*r >s?x*^a?j* & svxr e autrsoK suma/ine * Cngimlne. 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