HomeMy WebLinkAboutL 13248 P 391 1111111111111111111111111111111111111111111111111111111
11111111111 IIIII 1111 Ilfl
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED Recorded: 05/13/2024
Number of Pages : 5 At: 11 : 30 : 41 AM
Receipt Number : 24-0061405
TRANSFER TAX NUMBER: 23-30019 LIBER: D00013248
PAGE : 391
District: Section: Block: Lot:
1000 009 . 00 04 .00 018 . 000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $750 , 000 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $25 .00 NO Handling $20. 00 NO
COE $5 .00 NO NYS SRCHG $15. 00 NO
EA-CTY $5 .00 NO EA-STATE $125. 00 NO
TP-584 $5 .00 NO Notation $0 . 00 NO
Cert.Copies $0 .00 NO RPT $200 .00 NO
Transfer tax $0 .00 NO Comm. Pres $13,750 .00 NO
Comm.Pres Fund $11,000 .00 NO Comm.Housing Fund $2,750 .00 NO
Fees Paid $14, 150 . 00
TRANSFER TAX NUMBER: 23-30019
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
VINCENT PULEO
County Clerk, Suffolk County
uu
Number of pages
RECOh:CaED .
2024 tlau 13 11:30:41 PM
This document will be'public VINCENT PULED
record. Please remove all OLERI; OF
suFE'OLK COUNTYSocial Security Numbers L D00013248
prior to recording. P 391
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee
as Mortgage Amt.
1. Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 Sub Total
Notation SpecJAssit.
or
EA-52 17(County) ' Sub Total r Spec./Add.
EA-5217(State) _' TOT.MTG.TAX
R.P.T.S A. �SJy Dual.Town Dual County_
Held Appo' tment
Comm.of Ed. 5. 00 ��
Transfer Tax
Affidavit �` ansion ax
Certified Copy The property covered by this mortgage is
or will be improved by a one or twc
NYS Surcharge 15. 00 _ family dwelling only.
Sub Total YES ' or NO
Other
-Grand Total � 0O If N0,see appropriate tax clause on
page# of this ins m nt.
24016363 1000 oosaa 0400 01e000 4 Dist.] 1111111111111111111111
5 Community Preservation Fund
Real Property R�n R I IIIIII Consideration Amount$7 ��`Tax Service uz�u w
Agency •CPF Talc Due $
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: �l Vacant Land
TD
TD
i h�(�9 A 1 l 4"I ( TD
Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Com an Information
310 Center Drive, Riverhead, NY 11901 e �0� J
www.suffolkcountyny.gov/clerk Title# r7 VO z /Zq 7
s Suffolk County Recordin & Endorsement Page
This page forms part of the attached i made by:
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of
-- L�Z5-- .,7- / L L C In the VILLAGE
or HAMLET of -S
B OXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO.RECORDING OR FILING:
�a•a�o�..�aioetk (over)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE,made the 10th day of April,two thousand twenty-four,
BETWEEN
LOWRI H.FOYLE, 12 Ward Lane,Darien,Connecticut 06820,
party of the first part,and
255 ORIENTAL LLC,a New York limited liability company 1 Hudson Street-6'h Floor,New York,New York 10013,
party of the second part,
WITNESSETH,that the party of the first part,in consideration of One Hundred Dollars($100)and other good and
valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the
second part,the heirs or successors and assigns of the party of the second part forever,
All that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and
being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly
bounded and described on Schedule A hereto.
BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed,dated July 25,
2018 and recorded in the Office of the Suffolk County Clerk on August 16,2018 in Liber 12974 at page 289.
SUBJECT TO certain rights granted to the party of the first part pursuant to the Operating Agreement of the party
of the second part as described on the excerpt thereof attached hereto as Schedule B.
TOGETHER with all right, title and interest, if any,of the party of the first part in and to any streets and roads
abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the
estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein
granted unto the party of the second part, the heirs or successors and assigns of the party of the second part
forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby
the said premises have been encumbered in any way whatever,except as aforesaid.
AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first
part will receive the consideration for this conveyance and will hold the rightto receive such consideration as a trust
fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the
payment of the cost of the improvement before using any part of the total of the same for any other purpose.The
word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires.
IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written.
IN PRESENCE OF: t�Vri N• >��y
�Af L L 44, fi—
Lowri H.Foyle,by
Stephen L.Ham,III,her agent
Standard N.Y.B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantors Acts—Uniform Acknowledgment
TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE
State of New York,County of Suffolk ss: State of New York,County of ss:
On the 10th day of April in the year 2024 On the day of in the year
before me,the undersigned,personally appeared before me,the undersigned,personally appeared
Stephen L.Ham,III
personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s)whose name(s)are satisfactory evidence to be the individuals whose names are
subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies),and he/she/they executed the same in his/her/their capacities,and
that by his/her/their signature(s) on the instrument, the that by their signatures on the instrument,the individuals,or the
individual(s),or the person upon behalf of which the individual(s) person upon behalf of which the individuals acted,executed the
acted,executed the instrument. instrument.
Notary Public Notary Public
(signature and office of individual taking ckno I dgment) (signature and office of individual taking acknowledgment)
obert�e�rese
Notary Public State of New York
Reggistration No.01 DE50351I I
auafHied In Suffolk County
Cotnnftsion Expires October 24.210
TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE
State of County of SS:
On the day of in the year before me,the undersigned,personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are 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 the instrument,and that such individual made such
appearance before the undersigned in the State of
(insert the City or other political subdivision)
(signature and office of individual taking acknowledgment)
BARGAIN AND SALE DEED DISTRICT 1000
WITH COVENANT AGAINST GRANTOR'S ACTS SECTION 009.00
BLOCK 04.000
Title No. 7404-017974 LOT 016.000
COUNTY OR TOWN SUFFOLK-SOUTHOLD
STREET ADDRESS 255 ORIENTAL AVENUE
LOWRI H.FOYLE FISHERS ISLAND,NY 06390
TO
255 ORIENTAL LLC RETURN BY MAIL TO:
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS
Distributed by
RESERVE THIS SPACE FOR USE OF RECORDING OFFICE
SCHEDULE A
to
Deed
Party of the First Part: Lowri H. Foyle
Party of the Second Part: 255 ORIENTAL LLC
Deed Dated: April 10, 2024
All that certain plot, piece or parcel of land,with the buildings and improvements thereon
erected, situate, lying and being at Fishers Island in the Town of Southold, County of
Suffolk and State of New York, being bounded and described as follows:
BEGINNING at a point on the southwesterly side of Oriental Avenue distant 77 feet
southeasterly from the corner formed by the intersection of the southeasterly side of Fones
Street with the southwesterly side of Oriental Avenue, said point of beginning being
2422.01 feet North of a point which is 2070.09 feet West of a monument marking the U.S.
Coast and Geodetic Surrey Triangulation Station"PROS"'; and
RUNNING THENCE South 37 degrees 43 minutes 20 seconds East along said side of
Oriental Avenue, 111.40 feet to land now or formerly of Richard G.Ahman;
THENCE along said last mentioned land South 52 degrees 16 minutes 40 seconds West,
165.40 feet to land now or formerly of Edward White;
THENCE along said land the following two courses and distances:
1 North 29 degrees 02 minutes 10 seconds West, 59.07 feet to a drill hole in
a boulder; and
2. North 42 degrees 34 minutes 10 seconds West, 55.44 feet to land now or
formerly of Fishers Island Utility Company, Inc.;
THENCE along said last mentioned land North 53 degrees 00 minutes 50 seconds East,
161.10 feet to the southwesterly side of Oriental Avenue at the point or place of
BEGINNING.
TOGETHER WITH all right, title and interest, if any, of Seller in and to any streets and
roads abutting the above described premises.
TOGETHER WITH all rights of the party of the first part, if any, of access to Fones Street
over the land now or formerly of Fishers Island Utility Company, Inc. by virtue of the
existing driveway over such land.
SCHEDULE B
to
Deed
Party of the First Part: Lowri H_ Foyle
Party of the Second Part: 255 ORIENTAL LLC
Deed Dated: April 10, 2024
(b) The real property owned by the Company at 255 Oriental Avenue, Fishers Island, New
York [bearing Suffolk County Tax Map # 1000-009.00-04.00-018.000] [hereinafter"Oriental Property"]
shall be governed by and subject to the following provisions in this section 5.1 (b):
(i) Lowri H. Foyle,the predecessor in title to the Oriental Property,shall be entitled to
the exclusive use and occupancy of the Oriental Property during the calendar year with the exception of
the time from July 15 through Auzust 31 of each year when it is anticipated that the Company will rent
the Oriental Property to third parties to defray carrying charges associated with the Oriental Property.
The Company shall use its best efforts to secure rentals during that period each year on financial terms
favorable to the Company.
(ii) As provided in Section 29 of that certain contract of sale between Lowri H. Foyle
and the Company, dated April 4, 2024,to the extent that in any given calendar year the net income from
rentals shall not cover the carrying costs of the Oriental Property, Lowri H. Foyle is obligated to pay to
the Company an amount equal to the shortfall within thirty(30)days of notice from the Company.
(iii) Provided that Lowri H. Foyle is not in defavAt of the obligations described in
subsection 5.1(b)(ii) herein, Lowri H. Foyle shall have a right, shared with the Company, to determine
whether the Oriental Property is to be sold to herself or to a third party subject to the following terms and
conditions:
(A) The sales price, if sold to Lowri H. Foyle, shall be equal to the Company's
investment costs of the Oriental Property which include (1) the costs and expenses associated with the
Company's purchase of the Oriental Property, including the purchase price paid for the Oriental Property,
and the costs of Company's formation and organization, and (2) the excess, if any, of carrying costs
incurred by the Company during the Company's ownership over the net income realized from rentals and
the contributions by Lowri H. Foyle in accordance with the provisions of subsection 5.1(b)(h)above.
(B) If the Oriental Property is sold to a third party, the Company shall first
receive from the net proceeds of sale the Company's investment costs and the excess carrying costs, if
any, all as described in subparagraph (A), with the remaining net proceeds being paid to Lowri H. Foyle_
For purposes of this clause (B), if the Oriental Property is sold in a single transaction along with any
adjoining property subsequently acquired by the Company, the Company's investment costs shall include
the acquisition costs of such adjoining property.
(iv) Lowri H. Foyle is an intended third-party beneficiary of this Agreement and her
rights as such will pass on her death to her personal representative and ultimately to the beneficiaries of
her estate.
(v) This section 5.1 (b) shall not be amended, modified or altered without the express
written consent of Lowri H. Foyle or her personal representative or the beneficiaries of her estate, as the
case may be.
h
INSTRUCTIONS(RPw217-PDF-INS):wwworps.state.ny.us
FOR COUNTY USE ONLY Q New York State Departirrieet of
61.SIMIS Coda `I, ✓, a , I Taxation and Finance
ca.Dace Deed Recorded I S / r 3/ `�+ I Office d Real Property Tax Services
1+ 'J ' Gr ..e RP-5217-PDF
C3.Book I 1 ,—?2,—(,L I C4.Page I r I�1 I 1 I Rea(Property Transfer Report(9/10)
PROPERTY INFORMATION
1.PA)Perty 255 ORIENTAL AVENGE
LOGMuon
•aTRtErWHOM •a:xLk:NWE
TO%N OF SOUTHOLD FISHERS 1S:,AND 06390
•CT•a TCWN VkL x •I P CMX
ABuyer 255 ORIENTAL LLC
Nome
•-AST NAMICOm'A.W F13ThA1E
J18:NAAeASCMPAW il4m wa1E �
3.Taa Iodate where future Tax B4 are to be am
Billing If other than buyer eddmss(st haeom of Form) :AS'"VC.CaMPAMr Frain NAUF
Address
61RLILI"Ul RA/meAE CT•OR TOM STATE zip Cox
C Indicate the number of Assessment I a d Paraale OR Psi d a Pared (Only R Part al a Pared)Check ss they,apply: ❑
Rail parcels transferred on the deed 4A.Plan
ning Boers h1Aa 3ubdiMaFon Authority F�dlas
S•Desd X OR 0.40. 4B.Subd AWw Approval was Required tar Tronder
property •FROMEEER •CILPM 'ACRES
Strs
4C.Pared Approved for Sutxivialan ratio Map Provided El
FO`_LE LOWRI H.
8.SNNf •LAST WMEMINPANr FIRST NAME
Name
LAST A EOCQWANT r FIST NAME
E7.SENd do dsscdpdm which most secure"describes the Cheek the boxes below as Um apply:
use of the property at the Now of UN: L Ownership Type Is Condominium
A.One Fanti(1•Residential L New Construction on a Vacant Land
1fiA.Propedy,Lacded within an Agricultural District
106.Buyer received a disclosure notice indicating that the property Is in an ❑
Agricultural Dihict
SALE INFORMATION 10.Check a m a mom d thane conditlosa as sppllcabls to iranafir.
A. as a Sale Between Rekmv Former Reldvos
11.8ale Contract Dsh 0 4/0 4/2 02 4 a.Sale bomm RaNNd Companies or Peru m in Business.
C.One d the Buyers is also a SeW
0 4/10/2 02 4 D Buyer or Sadler is Govemmem Agency or Lending Institution
P 1 t.Date d SeleRnmfer E.Deed Type not Vyerra ty or Bargain and Sale(Specify,Below)
F.Sale of Fractional or Lou than Fee Interest(Specify Below)
•13.Full Sal@ Price 7 5 0,000.00 G Significant Chang*in Property Between Taxable Status and Sale Dries
H.Sale d Budnem is Included m Sale Price
(Fri Sala Price is the tall amount pad for the propwW including personal Property. 1.Other Unusual Facture Affecting Sale Price(Bps"Below)
This payment may be in the form of ash.other pmpe q or goads,or the w mpdan of J.Nor*
m rVages or other obligations.)Rom round Fo Ara nearest while abaaramount
commsrd(a)on cot luw:
14.In m I der value of psmonal
property Included In the sale 0 .00
ASSESSMENT INFORMATION-Del should reflect the latest Final Assessment Roll and Tax Bill
IL You of Asomnmt Rail from which Information Nken(YY) 23 •17.Total Assessed Value 5,600
•1a.Properly Class 210 _ *19.School District Name FISHERS ISLAND
EPfi.Tax Nap Idend lo4syRoe Um Olkr(a)(M more than four,attach sheet walk additional kNntlRsgel)
1000-009.00-04.00-018.000
CERTIFICATION
I Celery Mat an alum Items of Inlbrmati n misi on this form are true and correct(tot the best of my knowledge and boW and t understand that the making of any willed
hlee etatunmt of materiel hat hmO subject me ao Ma nrovhslens eFfihe rsermh hew mhNd a to the making and filing of take Instruments.
SELLER AIGMATURC BUYER CONTACT INFORMATION
tEner msxeman ex the d yar.Now if dyer Is Lmstciab.amor+aem.as P09-HIM.joex Bari aompe y.edeh a
wft OW pert who wr�wwerr questidMand ons rrep idinged or a ft an*.�aft mmust eesrwwtTyte or Palm cludywiu,.pmepmwl.
asuc4 BCNATURE CA:I•
BUYEgSjGNATUEM SMITH ALISTAIR
'UST NAME Fr%7 NAYL•
I ;9171 703-6336
'AREA CAPE —RFAgIF.NUTAKA ICE maser)
51 E Wo
HUDSON Sr7REFT - 6TH FLOOR
` •aTREETnUVM!t •STeEE-NA,E
NEW YORK NY 10013
-CT-OR 10MN STArE •7YCODE
BUYER'S ATTORNEY
`�OORE PATRICIA C.
LAST NMI FAST HUM
(631) 715-1311
II Idi
I AREALODE TE.E-PONE NUMBER 16 Bagel)