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Home My WebLink AboutL 12088 P 510DEED RESERVING LIFE ESTATE THIS INDENTURE, made the 1 lth day of October, 2000, BETWEEN RICHARD C. ROBERTIELLO, residing at 25 E. 69th Street, New York, NY 10021, hereinafter referred to as "GRANTOR," and PRESIDENT AND FELLOWS OF HARVARD COLLEGE, an educational and charitable corporation existing under the laws and the Constitution of The Commonwealth of Massachusetts, with an address c/o HARVARD Management Company, 600 Atlantic Avenue, Boston, Massachusetts 02110-2203; Att: Gary F. Snerson, hereinafter referred to as "HARVARD." WlTNESSETH, that, for no monetary consideration, this conveyance being a gift, GRANTOR does hereby grant and release unto HARVARD, its successors and assigns forever, the premises hereinafter described (the "Premises"), reserving to himself and granting to his wife, TERRIL GAGNIER, a life estate in the Premises on the terms and subject to the agreements and conditions set forth below, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in at Horton's Point, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly side of Sound View Avenue distant 250 feet Easterly from the point formed by the intersection of the said Northerly side of Sound View Avenue with the Northeasterly side of Light House Road; RUNNING THENCE North 21 degrees 23 minutes 50 seconds West 290 feet along the Easterly side of land now or formerly of Green to the present high water mark of Long Island Sound; THENCE along the irregular high water mark of Long Island Sound on a tie line bearing North 87 degrees 14 minutes 20 seconds East 113.92 feet to the land of Karvelis (formerly A. McGee), which point is located North 19 degrees 03 minutes 20 seconds West 280 feet, from the Southeast comer of the property herein described; THENCE South 19 degrees 03 minutes 20 seconds East 280 feet along the Westerly side of land of Karvelis (formerly of A. McGee) to the Northerly line of 8ound View Avenue; THENCE South 83 degrees 46 minutes 40 seconds West along the Northerly line of Sound View Avenue 100 feet to the point or place of BEGINNING. SAID PREMISES also being known as 275 Sound View Avenue Extension, Southold, NY 11971; District 1000, Section 050, Block 02.00, Lot 005.000. BEING AND INTENDED TO BE the same premises conveyed to GRANTOR, by a Deed dated March 22, 1991, and recorded in the Office of the Suffolk County Clerk on April 4, 1991, in Liber 11242 Page 528. TOGETHER with all right, title and interest, if any, of GRANTOR in and to any streets and roads abutting the Premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of GRANTOR in and to the Premises, TO HAVE AND TO HOLD the Premises herein granted unto HARVARD, its successors and assigns forever, subject to the Life Estate more fully described below. JAN-26-200! 13:01 SC Real Propert~ 6~1 852 1566 P.0~/04 AND GRANTOR eovenm'us that GIL~.NTOR h~s not done or sufferc~ an.'.ahing ,,vhcrebv thc Premises . ' have been encumbered in any wa.v whatever, except as aforesaid. AND GRANTOR. in compliance x~ifl~ Section 13 of Ire Lien Law. hereby cc,.'e~.nts that GRANTOR will receive the consideration For this conv~'ance and will held the rigJl[ to receive such consideration as a trus~ luted to be applied first for die purpose of paving the cost of lbo improvcmem and will apply thc same first to the paYment of lbo cost of the improvement before using an.',' part of thc ~otal of the same for any other purpose, AND GRANTOR hereby reserves urea himsc:f and , an s ' -' ',v'fc "TERR[L a ' ' . . gr ~. to his wife. TEAR.IL OAGNIER his ...... ),,, hfcestatemthePramses, subjec othefoll0win .......... .., ,.( ' So long as the Life Estate exists, (al GRANTOR shall retain all liability for and will pay timely all real estate taxes. betterments, liens, me,gages (including principal and interest obligations), water and sewer use chm'ges, and other charges against thc Premises. I'o any event, any such tax, betterment, lien, mortgage, or other charge, that encumbers r~. Premises at any tim~ before, during or et ~e terraination of the Life I~staze (regardless of when such encumbrance arose), shall be fully?id, removed, or discharged, as the case may be. by ORANTOR or GRANTO~ s estate and no HARVARD's successors anti assigns, by HARVARD or (b) ORANTOR shall retain all responslbilit).. (il m pay for and perform all repairs, 1maintenance, and upkeep of the Premises. including withoot limitation all capital improvements, replacements, upgrades, and renovations, needed to maintain the Premises in good order, repair, and condilion, damage by fire other casuals. eminent domain, and reasonable uso and weur excepted, and (ii) m keep the Premises in compliance with zoning, building, health, environmental and codes, and other laws and regulations ~d to promptly remecly an), violations of same when notified by appropriate govcrm'ncntal authorities to do so unless such noncompliance is caused by HARVARD's negligence or wiUfid miseooduet (c) GRANTOR shall not suffer or permit a release on ;be Premises any oil or hazardous substances (or any other chemicals or substances) and will promptly remediaze the Premises in compliance with governmental laws or regulations if there should be a release of oil or ha~rdous substances on the Premises caused by or attributable to GRANTOR or which is by law the responsibility of GRANTOR. (d) GP~\NTOR and GILa. NTOR's successors and assigns shall maintain lull), paid up ( l ) insurance insuring the Premises aCainst lire and other e~uallv and (2) liabili y insurance (and provide HARVARD with annual ee~flcatas thor~o0, each to be in suer amount~, ~-~th such irusuros, with such co~.'cra~s, a~d with sech deductibles. as ma)' be satisfactory to I"L,\RVARD. and the liabilit.., insurance shall name HARVARD as an additional insured, and thc fire and ~asualty insurance shall ~l~m,,c HA ,RVARD as an add'tional insured as its in ernst may a · · au prey dc zh~t bev cannot h,- ~,.,.~- . , - . ppe~. The pohc~es (20) dw..s prior xs¥i~:te~ notic -'f' '~ .,t.n.a~ca esot.r4 ny providing at least ~venty - e mereoz to rlARVARD at HARVARD's address. ORAN'FOR shall nor lease all or any pan of the Premises, nor grant any occul:~cy rights of any kind m any pe;son wiLhom the prior swltten consent HARVARD in each case, which consent shall not be unroasonablv withheld or delayed. Any such lc. use (or agreement of occupancy) shall be in '.vri;ing a~d be in £orm and subs~ce satisfactcr:, to HARVARD, and shall plainly a~d expressly provide that the lease (or agraemcn0 will automaticalb, terminate at HARVARD's option, upon termi~tion of the Life Estate. Any lease or rights ' ' g~ven wltho.~ HARVARD'S prior ~Tinen consent shall at HARVARD's election, be void, (0 GRANTOR (I) agrees that. as to any liability that GRANTOR ma)' have 's'~ith respect to existiiag oil. petroleum ptOdUcls, hazardous substances, lead paint n~b~sl¢,~. ,radon, and any other hazatclo~ chemicals, that are now or bematler on the Prem~.~:es, GRANTOR and not HARVARD shall be liable therefore: and (2) warrants to HARVARD tha~ (il the Premises ~e not subject to an..,, mortgages. 01/26/2001 FRI 12:48 [TX/RX NO 5718] 003 ~AN-~6-~001 1~:01 SC Real Property 6~1 ~52 1SG6 P.04/04 .. liens, or bettcrmenk,~, iii) them have been paid in full all charges l'or sen, ices that no~ p3id u~uld ~ = lien on thc pro.ny =nd ell reel =stem ~xcs and water and sewer ch~e~ that ~m now due and p~yable with rest'ct m the Premises ~nd (iii) there 3re no existing viohtions (~d no existing condi[ions which iC not wou~d ~ violations of ~y ea~mcn~n, rest~ctJo~, or o~het rj~u affccting the Premises (collectively. "Rights") t~t could )cop~dize am' ~ighss that benc~t Premises or ~ a b~<is for eJaJms by o~hers, ' G~%~OA sh~U not mo~ngc, sell or ~ns~er a~y o~G~OA's ime~s~ thc P~mises or g~ any ri~hzs herein, x~lhout HARVA~'s prior m~t~ce, and am' a.cmpted mortgage, ~lc. ~ansfer, or g~l shall be void. Any mortgage or G~NTOR's interest in Ae Premiss, whaler or not ~hc mo~gage is con.mad to by HARVA~. shall nol ~l or encum~r HARVA~'s imemst IFG~-XNTOR fiils m ~y or pcffo~ any of G~OR's obligations ~Ih ~spect Io the Premises. after duc noti:e ~d a te~nable ~ime in which m cure ~e f~ilure, ~RVA~ have the fi~t but not the obligation to pay or perfo~ such obligation on G~OR's ~half, and ~y .x~nditufe so made by HARVA~ may, at HARVA~'s eI~tion, ~ offset ~y paymen~ due G~%NTOR ~mm HARVA~, be r:imbu~d by any pavmems due G~xNTOR from HARVA~.or ~ ' · mzmbu~ed by Q~OR or by G~NTOR's estate. ~e Li~e Estate hereby read, cd unto G~OR and granted to hi~ wife TE~L shall ~ease ~nd dateline u~n the d~th of the su~jvor of [hem. The Lire ~Slale shall earlier if both G~NTOR ~d his wife TERRIL vacate or ee~ to use fl~e P~mi~s for more ~h~ one (I) yc~ or under ci~ums~ce~ indicating that nei~:r O~Og nor his TE~L will reo:cupy or resume use of ~he Premises. in either or which c~.. G~TOR G~OR's legal rcprescmative ~d his wire TE~L ~ th~ c~c may ~. shall upon HARVARD's request, give to HARVARD a d~d or,he Lire Estate reset'cd ~o G~N~OR and g~led to h~s w~fc TER~L to evidence ~e lamination ot~e Li~c Estate, md it such refuses to give such deed For more than thirty (30) days after HARVA~'s ~quest HARV.~D shall ~ authotizM and em~wercd to cxecmc, ac~owledge, deliver. ~d s.u~ deed. and G~NTOR ~d his ~fc ~L do hereby ap~im ~RVARD ~ auomev-in. ~ac .~or each oF them m execute, ackno~l~dge, dchver. ~d reco~ s~ch dec~ ~d appomtm~m shall ~ deemed Io ~ coupled wi~ ~ in~crcsL ~qd ine~'~ablc. ~d s~l not ~ d~ea~e,q ot affected by Ibc subsequem physkal or mtn~l dimbility or inca~ci~, otsuch ~n. G~qTOR's ttqfc, ~L GAGNIE~ joir~ ~ ;~s ~d ~' - ' ' ~hc Life ES~tc grantor ~o her hcreund~ ~ ~plio~ of~ ob[i~ff~ ~ ;h- i~edia~cly preceding parag~ph' ' . - bene~L~ of the agrtcmen~$ ~d cox'cn~L~ of G~%%TOR ~ ~ ~x~f~ In presene~ of; ~CHA~ C. ROBERTIELLO TER~L G~G~IER PRIESIDIgNT AND ['Ir LLOWS TOTRL P.04 01/26/2001 FRI 12:4g [TX/RX NO 6716] ~004 .I Number or pages 'I'(}1{ I{ I~,N,S Serial I1 Cm l ificM¢ tl P ~'('11'. II ¸_5 Deed / MoHgaBe hlstltllllClll Page / Filing Fee I hlmlling '1'1~%8,1 Nolalioll EA-52 17 I~A-5217 (SlaW) I(.1'.'1'.,~.(~. All]davit Cci l ilied C'opy I(e~. Copy Oilier Deed / Morlgage Tax Slmnp FEES Sub 'l'olal ~0 Sub Tolal ~ Real I'lx,pCll), 'l~lx / :q.~?~c~.~ )st Sec ~n ' Block ' ' ' ol hfilbls ~ {ICCOIJl) & IIIC'I'UIIN TO: RECORDED 2000 Dec OS i2:46:50 PM Eduard P,Ro~,aine CLERK OF SUFFOLK COUHTV L D00012088 ? 510 OT~ 00-17587 Recording/Filing Sl,lml~S Moflgage Alnl. I. Basic Tax 2. ^ddilional Tax Sub Total Spec./Assil, Or Spec./Add. %xq n-~._oo.d.~o.,,j .. , J,,,8] ]ille Colllplllly lll[Ol'lll:lJioII lc,,. Name ..... ~ ~~l ~ ' ........ Sul'lblk Count-'~ -' ~t~uo~ a~ ~~r~ ~_ ~e~ ,iht i,rcmiscs hcrcin is silt,alcd in SUFI:OLK COUNI'Y, NEW Y()R~ Ill thc 'l'ow~shi1) of Ill thc VII,I.,A(JI:; or I IAblLET oF TOT. MTG. TAX Dual 'l'ow.~ I)ual 'l'rans for Tax ~I~IIISJOII '['~IX The i~ropclly covcrctJ ~-ii[Js'[ii~;~71giigc is'u~ will bc improvcd by a one or Iwo family dwelling only. YES~m' NO If NO, see apl.'oprialc lax cJaus~ ltl~ page II __ of Ih is illsJl'lllllRlll. C~OII AIIIOilIll $. _~ C'l'l; Tax I:)ua ,.,.,, TI) 'l'O I1( )X E,'-; 5 '111RU 9 MUST IH'YI'YI'Iil) OR I'RINI'IZD IN BI,ACK INK ONI,Y I'I~I()R TO I(I';C'OI~I )IN(; ()R I"II.IN(L (OVER) ~ PLF/~E TYPE OR PRE.SS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://wWW.orps.state.ny.us or PHONE (518) 473-7222 REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK STATE BOARD OF REAL PROPERTY SERVICES Rp - 5217 l'Pr°pertyl 275 I St~unH V~aw Avom,o Location , ~REET NUMBER STRE~ NAME r Southold CI~ OR TOWN VIL~E 2. eeyer I President and Fellows of Harvard Na~ ~ST NAME / COMPANY - -- FIRST NAME I I ~T NAME / COMPANy 3. Tax Indic~e where future Tax Bil~s are to ~ Billing if~erthanbuyereddmss(m~omofform) I Robmrt~a]]o Addr~ ~ST NAME / COMPANY I 275 Sound View Ave. ExtensionI Southoid STREET NUMBER AND STREET NAME CI~ OR TO~ 4. Indicate the number ~ ~sment Roll parcels tran~er~d on tbe ~' 4 I 11971 ZIP CODE 5. Deed Property I ] OO I X r ?A(I Size FRONT FEET D~PTH 6. Seller I Roi, orr ER] ]O Name LAST NAME / COMPANY FIRST NAME Richar~ FIRST NAME # of Parcels OR I I Part of a Parcel IoRI · I I :~¥ I 11971 STATE ZIP CODE (Only if Part of a Parcel} Check as they apphF 4A. Planning Board with Subdivision Authority Exists [] 4B, Subdivision Approval was Required for Transfer [] 4C. Parcel Approved for Subdivision with Map Provided [] FIRST NAME I LAST NAME / COMPANY FIRST NAME 7. Check the box below which most accurately describes the use of the property at the time of sale: 2 or 3 Family Residential F ~ Commercial Residential Vacant Land G ~ Apartment Non-Residentlal Vacant Land [-[[_a Entertainment/Amusement 11. Sale Contract Date I / / I Month Day Year 12. Date of Sale / Transfer I ] 0 / ] i / 2000 I Month Day Year 13. Full Sale Price I , , , , , , , t~ ('] 0 , 0 ] (Full Sale Price is the total amount paid for the property including personal property. This payment may be in the form of cash, other property or goods, or the assumption of mortgages or other obligations.) Please round to the nearest whole dollar amount. 14. Indicate the value of personal I ~ , , , .~ 0 0 I property included in the ~ale ~ ~ - ~.~ I Community Service Industrial Public Service Forest Check the boxes below as they apply: 8. Ownemhip Type is Condominium 9. New Construction on Vacant Land IOA. Property Located within an Agricultural District 10~. Buyer received a disclosure notice indicating that the properly is in an Agricultural District 16. Year of Assessment Roll from I which information taken 20. Tax Map Identifier(s) / Roll Identifier(s) {If more than four, attach sheet with additional identifier{s)) I certify that afl of the stems of information entered on this form are true and correct (fo the best of my knowledge and bcfiefi and I understand that lhe making of any wilfful false statement of materi;d fact herein will subject me to the provL~ons of the penni law relative to the making and flung of false instruments. BUYER ~iAKVARD ~NAGEiIENT COiiPANY 600 I Atlantic Avenue DATE CII~ OR TOWN SELLER I -~' I 02110-2203 STATE ~PCODE BUYER'S ATrORNEY (:,17 AREA CODE TELEPHONE NUMBER I' 20PY