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HomeMy WebLinkAboutL 12088 P 23BARGAIN AND SALE DEED WITH COVENANTS THIS INDENTURE, made the 24th day of August, 2000 BETWEEN SUSAN L. JOHNSON residing at 9650 131st Street North, Seminole~ Florida, 33772, as executrix of the Last Will and Testament of Robert B. Boger, late of Sarasota, Florida who died May, 9, 1998, and BARBARA A. BOGER residing at 3741 Preakness Place, Apt. 1409, Palm Harbor, Florida 34684, as a devisee under the Last Will and Testament of Robert B. Boger, late of Sarasota, Florida who died May, 9, 1998 (jointly the "Grantor"), and SUSAN L. JOHNSON, residing at 9768 122nd Way, Seminole, Florida, 33772 and ROBERT B. BOGER, JR. residing at 4345 27th Court, Naples, Florida 34116 (jointly the "Grantees") as tenants in common, WITNES SETH, that SUSAN JOHNSON, to whom ancillary letters testamentary were issued by the Surrogate's Court of the State of New York for the County of Suffolk on November 18, 1999 and by virtue of the authority given in and by said Last Will and Testament and/or Article 11 of the New York Estates, Powers and Trusts Law, and BARBARA A. BOGER, in consideration ofTen and 00/100 ($10.00) Dollars and other valuable consideration paid by the Grantees, do hereby grant and release unto the Grantees, the heirs or successors and assigns of the Grantees forever: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, Suffolk County, Long Island, New York, bounded and described as follows: Beginning at a point on the boundary line between land conveyed by Julius Zebroski to the party of the first part by deed dated April 6, 1946, and recorded in Liber 2548 page 255 and land of Bunce, 108.0 feet southeasterly along said boundary line fi.om the northerly comer of said land of the party of the first part, said point of beginning being the southeasterly comer of land conveyed, or about to be conveyed, by the party of the first part to Wm. M. Boger; from said point of beginning running along said land of Bunce, S.18°30'E.-88 feet, more or less, to ordinary high water of Corey Creek; thence along said high water mark, 2 courses, as follows: (1) southwesterly 100 feet, more or less; thence (2) northwesterly 75 feet, more or less, to said land conveyed or about to be conveyed, to Wm. M. Boger; thence along said land, 2 courses, as follows: (1) N.23°00'E.-110 feet, more or less; thence (2) N.58°00'E.-47.0 feet, to the point of beginning. Together with a right of way 10 feet wide described as follows: Beginning at a point on the westerly boundary of the premises at the northeasterly terminus of course (1) and the southwesterly terminus of course (2), as hereinabove described, and running across said land conveyed, or about to be conveyed, to Wm. M. Boger, 4 courses, as follows: (1) N. 37°30'W.-28.0 feet; thence (2) N. 3°30'W.-49.0 feet; thence (3) N. 29°12'20"E.-44.30 feet; thence (4) N. 46°38'50"E.-10.33 feet to said land of Bunce; thence along said land ofBunce, N. 18°30'W.- 11.02 feet to the southeasterly line of a 16.5 foot right of way, as described in said deed Zebroski to the party of the first part; thence along said southeasterly line, S.46°38'50"W.-16.5 feet; thence across said land conveyed, or about to be conveyed, to Wm. M. Boger, 3 courses as follows: (1) S.29° 12'20 "W.-48.76 feet; thence (2) S.3°30'E.-54.99 feet; thence (3) S.37°30'E.-36.72 feet to said westerly boundary of the premises, thence along said boundary, N.23°00'E.-11.49 feet to the point of beginning. Also with a right of way 16.5 feet wide beginning at a point of 16.5 feet southwesterly from the northerly comer of said land conveyed by Zebroski to the party of the first part and running in a general northeasterly direction to Bayview Road, said right of way being as described in said deed Zebroski to the party of the first part. Subject to right of first refusal set forth in deed, dated December 28, 1956, by and between William B. Boger and Robert B. Boger, recorded on November 15, 1957 in liber 4391 page 588 in the Suffolk County Clerk's Office. Said premises being known as 723 Private Road, a.k.a Windy Point Lane, Southold, New York 11971. Being the same premises conveyed to Robert B. Boger by deed executed and delivered by William B. Boger, dated December 28, 1956 and recorded in the office of the Clerk of Suffolk County, New York, on November 15, 1957 in Liber 4391 of Conveyances, page 588. TOGETHER with the appurtenances and all the estate which the said testator had at the time of said testator's death in siid premises, which SUSAN L. JOHNSON as executrix of the Last Will and Testament of Robert B. Boger has or has the power to convey or dispose of, whether individually, or by virtue of said Will or otherwise. TO HAVE AND TO HOLD the premises herein granted unto the Grantee, the heirs, successors and assigns of the Grantee forever. AND the Grantor covenants that the Grantor has not done or suffered anything whereby the said premises have been encumbered in any way whatever. AND the Grantor, in compliance with Section 13 of the Lien Law, covenants that Grantor will receive the consideration for this conveyance and will hold the right to 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 improvement before using any part of the total of the same for any other purpose. BARBARA A. BOGER has joined in the execution and delivery of this Deed to the Grantees to acknowledge and consent to the conveyance of the Premises to Grantees and to convey any and all interest she may hold in the Premises and the appurtenances therein as a devisee under said Last Will and Testament, so as to vest all fight, title and interest in the Premises in said Grantees. The words "Grantor" and "Grantee" as used herein shall be construed to read in the plural whenever the sense of this deed so requires. 1N WITNESS WHEREOF, the Grantor has executed this deed the day and year first above written. IN PRESENCE OF: Witness Witness SUSAN L. JOHNS,ON STATE OF FLORIDA, COUNTY OF D !r,e.! I a£ ss: Onthe c~l~a~'dayof ]~t,~.~0~-~ in the year 2000, beforeme, the undersigned, personally appeared SUSAN L. JOHNSON, 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), 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, and that such individual made such appearance before the undersigned in the ~"']-JO~ ~'-v/9 uv,, ~l' .(insert city/town and state where acknowledgment is taken) "' EXPIRES: April 4, 2002 NOTARY PUBLIC STATE OF FLORIDA, COUNTY OF ~ss: On the ~=_..~__~ day of .~. t*2 ot~' in the year 2000, before me, the undersigned, personally appeared BARBARA A.-BOGER, 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), 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 instnunent, and that such individual made such appearance before the undersigned in the ~.~. ~..0~.{t3~11¥__~ }~ .(insert city/town and state where acknowledgment is taken) NOTARY PUBLIC BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. SUSAN L. JOHNSON and BARBARA A. BOGER TO SUSAN JOHNSON and ROBERT B. BOGER~ JR. Premises 723 Private Road, a.k.a Windy Point Lane Southold, New York 11971 District Section 87 Block 4 Lot 5 Town Southold County Suffolk RECORD AND RETURN TO: John J. Donohue Solferino & Donohue, L.L.P. 15 Roslyn Road Mineola, New York 11501 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument 41 Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) ILP.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other Deed / Mortgage Tax Stamp FEES 10oo Initi~f 5 O0 __ SubTotal t~?~ -- Sub Total -- GRAND TOTAL Real Property Tax Service Agency Verification Dist. Section B lock Lot 0 7.0o O /.Oo o 5.ooo l Satisfactions/Discharges/Releases List Pro )erty Owners Mailing Address RECORD & RETURN TO: LLO Suffolk RECOR.~E(t £:,ec UI 04:42:42 Edk, ii"d F. Romai~ie Ci.ERK OF SUFFOLK C.0Uli ~ [)00012088 F' 023 D r~ oo-17237 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. 0r Spec./Add. TOT. MTG. TAX Dual Town Dual County__ Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO__ If NO, see appropriate tax clause on page # __ of this instrument. Community Preservation Fund Consideration Amount $ ~ CPF Tax Due Improved Vacant Land TD TD // Title Company Information Co. Name Title # & Endorsement This page forms part of the attached TO (SPECIFY TYPE OF INSTRUMENT ) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of,_ ~}'3.L~)L~ In the VILLAGE or HAMLET of made by: BOXES 5 THRU 9 MUST BE%ED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) FOR COUNTY USE ONLY Cl. $W15 Code C2. Date Deed Recorded PROPERTY INFORMATION 1. Property '~7~ .2 STREE~ NUMBER I ?-= INSTRUCTIONS: http://www.orps.state.ny.us or PHONE (518) 473-7222 _ STATE OF NEW YORK STA~ BOARD OF REAL ~OPE~ SERVICES RP - 5217 VILLAGE I IIqTI I FIRST NAME 3. Tax Indicate where future Tax Bills are to be sent Billing if other than buyer address {at bottom of form~ A~dreas 4. Indicate the number of A.eesment Roll parcels transferred on the deed FIRST NAME I LAST NAME COMPANY C~ OR TOWN . I I #of Parcels OR ~-] Part ofaParcel 5. Deed ~op.~ L Ixl ,OR ..... 3,~1 FIRST NAME (Onl~ if Part of a Pamifii Cheek as they ~ 4A. Planning Boan~ with Subdivision Authority Exists 4B. Subdivision Approval was Reouired for TranSit 4C. Parcel Approved for Subdivision with Mac Provide~ L~ST NAME COMPANY =IRST NAME 7. Che~k the box below which mm ascurntely Besc~ibes the use of the propert~ at the time of sale: A ~One Family Residential i~ Agriculture ~ Community Serdce B 2 or 3 Family Residential Commercial Industrial C ~Residential Vacant Land Apar~meot Public Service DL~ Non-Residential Vacant Land Entertainment Amusement Forest Month Day Year 12. Date of Sale t Transfer 13. Full Gale Price t t t t t t t ~') t 0 I 0 I IFufl 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 assumotlon of mo~gages or other obligations.) Please round to the nearest whole dollar amount. ' O' 0 I 0 I e Cbo~k the boxes below as they apply: 8, Ownership Type is Condominium U 9. New Construction on Vacant Land [] 10A. Pro,any Located within an Agricultural D~trict r~ 10B. Buyer receded a disclosure notice indicating that the prope~, is in an Agricultural District 15. Check one or more of these conditions as ap~ieable to A Sale Between Relatives or Former Relatives B C D E F G H I J 14. Indleato the value of personal r property Included in the sale Sale Between Related Companms or Par~ners in Business One of the Buyers is also a Seller Buver or Seller is Government Agency or Lending Institution Deed Type not Warranty or Bargain and Sale (Specify Below) Sale of Fractional or Less than Fee Interest (Spech~ Below) Significant Change in Property Between Taxable Status and Sale Dates Sale of Business is Included in Sale Price Other Unusual Factors Affecting Sale Price {Specify Below) None 16, Year ofA,essment Rollfrom ~-~, {~1 17. TntalA----~dValue (of ell parcels in transfer) which information take; tB.~,'~c,~ Ic~, /~ 01-1 I 1g. BehoolDlatliotName I ~5©~'C-hOI c~ 20. Tax Map Identifi~w(s) / Roll Identifier{s) lB more than four, attach sheet with additional identifier(s}) I cen~ffy that all a~ the items af [nfornmtion entered on this form are true and correct (to the ~ of my ~ ~ ~ ~ I ~d ~t ~ ~ of any wSgul fflse statement of matefifl fact herdn will subject me to the provi~o~ of th~ pen~l law t~da~v~4o the m~king and ~hlg o1' ffl~e in.qtmm~n~ BUYER . -'"" BUYER'S A~TORNEY CITY O~N STATE Zip COOE ~FOWN'ASSESSOR