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HomeMy WebLinkAboutL 12524 P 523CONSULT YOUR LAWYER BEFORE 81GNIN8 THIS IRE"IRUMENT-'IHI8 IN$1RUNENT SHOULD BE USED BY LAWYERE ONLY THIS INDENTURE, made the~'O day cf September. 2007 BETWEEN WAYNE SCHOBER and CHERYL A. KENNEDY, as tenants by the entirety (as to a 50% interest), both residing at 11 Foxcroft Road, Rockville Cenlre, NY 11570; end CHRISTOPHER B. KENNEDY (as to a 50% interest), residing at104 Willow Brook Drive, Wayland, MA 01778-5100, with the percentage interests held as tenants in common party of the tirst part, and DKS FAMILY LTD. PARTNERSHIP, with offices at 315 Albacore Drive, Southold, NY 11971 party of the second part, WITNESSETH, that the party of the tirst part, in consideration of TEN and no/100ths ($10.00) dollars paid by the party of the second part, does hereby grant end ndease 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 In the SEE"SCHEDULE A"~NEXED HERIET~ BEING AND INTENDED TO BE the same premises conveyed to the parties of the first part by deed dated October 8, 2005 and recorded in the Suffolk County Clerk's Office on January 19, 2006 in Liber 12431 Page 336. TOGETHER with all right, titJe and interest, if any, of the party of the tirst 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 dghts of the party of the tirst part in and to said promises; 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 tirst part, in compliance with Section 13 of the Uen Law, covenants that the party of the tirst part 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 firsl to the payment of the cost of the improvement before using any part of the total of the same for any olher purpose. The word "patty" shall be consffued as if il read 'parties" whenever the sense of Ihis indenture so requires. IN WITNF.8~ WHEREOF, the party of the tirst part has duly executed this deed the day and year tirst above written. IN PRESENCE OF: WAYNE SC~'IOBER CHRISTOPHER B. KENNE~ KENNEDY, his attorney-in-fact TITLE NUMBER: 641-S-03418 SCHEDULE "A" DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being a part of a Condominium, in the Incorporated Village of Gresnport, Town of Southold, County of Suffolk end State of New York, known and designated as Unit 30 together with 1/34· undivided fractional inter~t in the common elements of the Condominium hereinafter described as the same is defined in the Declaration of Condominium hereinafter referred to. The real property above described is a Unit shown on the plans of a Condominium prepared and certified and filed in the Office of the Clerk of the County of Suffolk on the 1~ day of November, 1986 as Map No. 146, defined in the Declaration of Condominium entitled, "Oyster Point Condominium by Oyster Point Associates under ArtJcla 9.B of the New York Real PropeW Law dated October 8, 1986 and recorded in the Office of tho Clerk of the County of Suffolk on November 10, t986.1n Uber 10164 of conveyance at page 431 covering the property therein*des'c'ribed. The land area of the property is bounded and described as follows: ALL that certain pl0t, piece or parcel.of land, situate, lying and being a part of a Condominium in the Incorporated Village of Gresnport, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the easterly line of Fifth Street, said point being distant 250 feet southerly as measured along the easterly side of Fifth Street from the comer formed by the Intersection of the easterly line of Fifth Street with the southerly aide of Clark Street;. RUNNING THENCE from said point or place of beginning along land now or formerly of Satkoski South 82 degrees 41 minutes 10 seconds East 166.15 feet to land now or formerly of Ellen Birenbaum and Mary Jean Roman; THENCE along land last mentioned the following two (2) courses and distances: 1) South 7 degrees 17.minutes 40 seconds West, 36 feet; ~. ~ 2) South 82 degrees 41 minutes40 seconds East, 166.15 feet to the westerly ; line of Fourth Strest;'~ :" ~.,~ ;,:. THENCE South 7 degrees 17 minutes 30 seconds West along the westerly side of Fourth Street 220.81 feet to the ordinary high water mark of Greenport Harbor; THENCE along the ordinary high ..water mark of Greenport Harbor the following thirteen (13) tie-line courses and distances: 1) South 34 degrees 45 minutes O0 seconds West, 22.49 feet; 2) South 25 degrees 27 minutos O0 seconds West, 69.00 feet; 3) South 24 degrees 46 minutes O0 seconds West, 67.00 feet; 4). South 17 degrees 14 minutes O0 seconds West, 65.00 feet; 5) South 12 degrees 35 minutes O0 seconds West, 79.00 feet; 6) South 14 degrees 28 minutes O0 seconds West, 8~'.16 feet; 7) South 61 degrees 06 minutes O0 seconds East, 14.51 feet; 8) South 38 degrees 14 minutes O0 seconds West, 5.00 feet; 9) South 62 degrees 24 minutes O0 seconds West, 24.14 feet; 10) South 26 degrees 06 minutes O0 seconds West, 17.35 feet; 11)south 33 degrees O0 minutes O0 seconds West, 45.42 feet; 12) North 61 degrees 32 minutes O0. seconds West, 1'8.26 feet; 13)south 7 degrees 03 minutes O0 seconds West, 105.24 feet to a monument and land of the Incorporated Village of Greenport; THENCE North 82 degrees 42 minutes O0 seconds West along the last mentioned land, 242.71 feat to the easterly side of Fifth Street; THENCE North 7 degrees 18 minutes O0 seconds East along the easterly side o1: Fifth Street, 559.50 feet to land now or formerly of Elizabeth Meyer; THENCE along the last mentioned lend the following three (3) courses and distances: 1) South. 82 degrees 41 minutes 10 seconds East, 166.16 feet; 2) Norl~ 07 degrees 17 minutes 40 seconds East, 50.00 feet; 3) North 82 degrees 41 minutes 10 seconds West, 166.16 feet to the easterly side of Fifth Street;*' 2) South 62 degrees 41 minutes,10 seconds East, 166.15 feet to the westerly line of Fourth Street;* '.' THENCE South 7 degrees 17 minutes 30 seconds West along the westerly side of Fourth Street 220.81 feet to the ordinary high water mark of Greenport Harbor; THENCE along the ordinary high water mark of Greenport Harbor the following thirteen (13) Ue-line courses and distances: 1) South 34 degrees 45 minutes O0 seconds West, 22.49 feet; 2) South 25 degrees 27 minutes O0 seconds West, 69.00 feet; 3) South 24 degrees 45 minutes O0 seconds West, 67.00 feet; 4). South 17 degrees 14 minutes O0 seconds West, 65.00 feet; 5) South 12 degrees 35 minutes OO seconds West, '(9.00 feet; 6) South 14 degrees 28 minutes O0 seconds West, 87.16 feet; 7) South 61 degrees 66 minutes O0 seconds East, 14.51 feet; 8) South 38 degrees 14 minutes O0 seconds West, 5.00 feet; 6) South 62 degrees 24 minutes O0 seconds West, 24.14 feet; lO) South 26 degrees 06 mint~tes O0 seconds West, 17.35 feet; 11) South 33 degrees O0 minutes O0 seconds West, 45.42 feet; 12) North 61 degrees 32 minutes OO. seconds West, 1'8.26 feet; 13)South 7 degrees 03 minutes O0 seconds West, 105.24 feet to a monument and land of the Incorporated Village of Greenport; THENCE North 82 degrees 42 minutes O0 seconds West along the last mentioned land, 242.7t feet to the easterly side of Fifth Street; THENCE North 7 degrees 18 minutes O0 seconds East along the easterly side o! Fifth Street, 559.50 feet to land now or formerly of Elizabeth Meyer; THENCE along the last mentioned land the following three (3) courses and distances: 1) South 82 degrees 41 minutes 10 seconds East, 166.16 feet; 2) North ~)7 degrees 17 minutes 40 seconds East, 50.00 feet; 3) NQrth 82 degrees 41 minutes 10 seconds West, 166.16 feet to the easterly side of Fifth Street;.' THENCE North 7' degrees 18 min'Utee oo seconds East along the easterly side of Fi[th Street, 200.00 fee~ to th~ point or place of BEGINNING. TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATF 'State of New York, County of ~k ss: 't:C~e'"~ day of Septareber in the year 2007 ' 'before me, the under~led, perBorlelly appeared WAYNE SCHOBER and CHERYL A. KENNEDY personally known to me or proved to me on the basis of sat~faatmy evidence to be the I~dlvldual(e) whoae name(a) Is State of New York, County of On the day of in the year before me, the undersigned, personalJy appeared pemonally known to me or proved to me on tho basis of satisfactory evidorice to be the IndMdual(a) whcee naree(e) is (are) subscribed to the within Inatmment end acknowtadged to (are) eubnc~ed to the wl~in Instmreant and acknowledged to me that he/aha/they executed Ihe same in his/herahalr me ~at he/she/they executed the same In blamer/their cepacityOsa), and that by his/her/their algnatum(a) on the cepocity(ias), and Itmt by his/henlhelr signature(a) on the instrumant, the indlvideal(s), or the person upon behalf of which Instrument, the Individual(e), or the parson upon dehalf of which the IndRiidual(s) acted, executed the Instrument. the individual(a) acted, executed the instrument. (signature and office of Individual toldng adimovdedgmant) (signature end office of Individual taking acknowledgment) NOTARY PUBLIC TO BE USED ONLY WHEN THE ACKNOWLE3)QMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Tenitory, or Foreign Counby) of as: On the day of in the year before ree, the undersigned, personally appeared personally known to me or proved to rea on the basis of aalisfa~3r/evidence to be the individual(a) whose name(,=) is (am) subscribed to the within instmreent and acknowledged to rea that he/she/they executed the same In hiMtor/the[r napoclty(ies), and that by hisamrftheir signature(a) on the Inatmmant. the individual(e), or Ihe person upon behalf of which the individnal(s) acted, executed the inatrureanL and that such Individual reade such appearance before the undemignad In the (Insert the City or other political aubdlvisian) (and Insert the State cx Country o~ other place the acknowledgment was taken) (signature and office of individual taking acknoadecigment ) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'8 ACTa Title No. WAYNE SCHOBER, CHERYL A. KENNEDY & CHRISTOPHER B, KENNEDY TO DKS FAMILY LTl). PARTNERSHIP ~TNaMRO FO~M OF NEW YORK BOARD OF TITLE UND~ DIMdlxded by Commonwealth DISTRICT 1001 SECTION 007.01 BLOCK 01.00 LOT 030,000 COUNTY OR TOWN STREET ADDRESS Recorded et Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MNL TO: Smith, Finklesteln. Lundberg, Isler & Yakaboski Attn. Francis Yakaboskl, Esq. 458 Grlfflng Avenue Riverhead, NY 11901 U Num~r'~f pagas TORRENS Certificate # Prior Cfi. # Deed/Mortgaga Instrument Page I Filinl Fee I (~ .~ Handlins ,,~ Deed I Idortgaga Tax Starn~ Notatioa F_A-52 17 (C~onty) EA-5217 (Slate) __ R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Res. copy Other Sub l'o~al ~ -- SubTotal ~ GRAND TOTAL RE~O~E~ 200? Oct 01 11:11:03 Judith A. P~-~cale CLB~K OF SUFFOLK CO.TV L 000012524 P 523 OTI~ 07-06512 Re~ordin$ I Filing Stamps Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./A.~sit. Or Spec./Add. ~)T. MTG. TAX Dual Town__ Dual County I leld fur Apportionment __ Transfer Tax ~. '700 OO Mansion Tax ._~ The property coveted by this mortgage is or will be improved by a one or two family dwellin8 only. YES or NO Ir'NO, see appropriate tax clause on page # __of this Real Propmy Tax Service ASency Verificadion Dist. Seclion B lock 07029426 zooz ooToz oxoo 030000 Stamp . ) Initinls j S-tisfacti~ ....... ,,, ~ca, ,,cJCa~s'ust'~ropefly O~a~ers Maili~ ~dd~ RECORD & RETURN TO: Smith, Ftnklestein, Lundberg, Islar & Yakaboskt Attn. Francis YYakaboskt, Esq. 456 Grtfftng Avenue Rtverhead, NY 11g01 Preservation Fund Consideration Amount $675~000.00 Due S 10,500.00 mmprovt~l XX Vacant Land. 'rD 1 0 TD TD WAYNE SCHOBERt CHERYL A. KENNEDY and CHRISTOPHER B. KENNEDY TO DKS Family Ltd. Partnership 'Il'ds page forms pert ofthe mmched DEED (SI' 'ECIFY 'TYPE OF INSTRUMENT ) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made by in thc Township of In the VILLAGE or HAMLET of SOUTHOLD GREENPORT BOXES 5 'IHRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE ~ of Instrument: DEEDS/DDD ~,~her of Pages: 6 Receipt ~--~r : 07-0091973 TRANSFER TAX N~MBER: 07-06512 District: 1001 Deed Amount: Reoorded: At: LIBER: PAGE: Seotlon: Blo~k: 007.01 01.00 ENAMINEDANDCHARGEDAS FOLLOWS $675,000.00 10/01/2007 11:11:03 D00012524 523 Lot: 030.000 the Follow£ng Fees For Abo~ Instant Page/Filing $18.00 NO Handling COg $5.00 NO NYS SRCHG EA-CT~ $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cezt. Copies $0.00 NO R~T Transfer tax $2,700.00 NO C~.Pres Fees TRANSFER TAX NU~ER: 07-06512 THIS PAGE IS A PA~tT OF THE ZNSTR~NT THIS IS NOT A BILL $5.00 NO $15.00 NO $95.00 NO $0.00 NO $30.00 NO $10,500.00 NO $13,358.00 Judith A. Pasc&le County Clerk, Suffolk County , PLi~L~E~TYPE C)Fl PRESS FIRMLy WHEN WRITING ON FORM INSTRUCTIONS: http~/www.orps.state, ny.us or PHONE (518} 473-7222 I FOR .COI~INT~ USE ONLY . ~ , I I ' / / r/).:~.~".t~. 1 , I REAL PROPERTY TRANSFER REPORT · ' -'°'~'"'-' ""~--"'RP - 5217 I -.-,, ... tP~p,ny 150 I Sth Street CUnlt 30) ~.~ I DKS Family L~d. Partnership I I I ~. I Raglllmdltmmfl~ldenthldNd I , , ]' I i~olP~rceb OR PartofiParr~l $~:'1~b~¥ "'"" ":""' Wayne Kennedy, · ] Cheryl A. I Kennedy ]'l~.~ 2 or 3 Family Reddemi-m FI~I C~rcm~l J m~l Ineuerbl C ~m ~l~mlbl v~ L~ G I~ A~aflment Klml Public DL~ N~4~-;d~n/iblVlcantLIJ1d HU Entertainment/Amusement [.I I Foresl |Only i/PIit d i PInNIQ Chl4k Il ~blV I1~. ChrlcfnnM' R. ~k thl bo~*~ bMow M tbW Ipplyt 12. Date I 0.~8 / 17 / 07 I ^ C io9 /'~'~/ 07 I D F .lm.F,,Imb#md.. I , , ,6,7 ,5 ,0 ,0 ,0 .O.(ll(~U ! I · it rmd~atl Ihe vllue o( pllomd { I I i I I ' , O , 0 I I ASSESSMENT INFORMATION - DatB should reflec~ ~ Ilta~ Fi~l Ammmss~m Roll and Tax Bal I ~p, op,,tyam 14 ,I , 11-L.~m.S,h~DhM~N,,,,, I GreenDort 20. Tax Map Id~n~lf~dd I RMJ I 1001-007.01-01.00-030.000 I I I I I I BUYER B~ER'S A~Y 631 727-4100 NEW YORK STATE COPY