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I Bargain and Sale Deed with Covenants Against Grantor's Acts - Individual or Corporation
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LA WYERS ONLY
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THIS INDENTURE, made the J day of (h~ '7J ' 2002 BETWEEN
HENRY W. MATALENE, III and CAROLYN B. MATALENE, both residing at 326 Harden Street,
Columbia, SC 29205
party of the first part,
WINDY HILL ASSOCIATES, LLC, a limited liability corporation doing business at 326 Harden
Street, Columbia, SC 29205
party of the second part,
WITNESSETH, that the party of the first part, in consideration ofTEN ($10.00) dollars,
lawful money of the United States 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 in the
SEE SCHEDULE "A" ANNEXED HERETO
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 pm1y of the second part, the heirs or
successors and assigns of the party of the second pm1 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 incumbered 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 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 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:
--U~AA nt~Ll11Att L tlt
HENRY. MAT ALENE III '
<J~~~
STATE OF SOUTH CAROLINA:COUNTY OF ((,L.!.., Jc..",ol ) ss:
On the ) s-1 day of (rJc, '0 ' 2002, before me, the undersigned, personally appeared
HENRY W. MATALENE III AND CAROLYN B. MATALENE, 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 they executed the same in their capacity, and that by their
signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted,
executed the instrument, and that such individuals made such appearance before the undersigned in the
County of a; dj~ State of South Carolina.
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SCHEDULE "A"
PARCEL 1
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at a point in the northerly line of Sound view Avenue at the southeasterly comer of the
premises hereinafter described, which is also the southwesterly corner of land (now or formerly) of W.V.
Duryee Estate, said point being about 3,500 feet easterly along said nOJiherly line from Reeve Road, and
running thence along said northerly line of Soundview Avenue two courses as follows:
I. South 65 degrees 06 minutes west 17illJ'eet; thence
2. Due West 66.76 feet to land (now or formerly) of McGreevy; thence along said land two courses
as follows: ~
I. North 5 degrees 00 minutes west 150 feet; thence
2. Due West IQQJeet to land (now or formerly) of Fliess; thence along said land of Fliess three
courses as follows:
I. North 5 degrees 00 minutes west 28.86 feet; thence
-
2. N OJih I degrees 13 minutes west 177.5 feet; thence
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3. North 25 degrees 14 minutes west 310.50 feet to the ordinary high water mark of Long Island
Sound;
THENCE along said high water mark North 56 degrees 28 minutes east 211.78 feet to said land
(now or formerly) of Duryee Estate; thence along said land South 23 degrees 47 milliiies 30 seconds east
743.36 feet to the point or place of BEGINNING.
SUBJECT TO a foot passage 30 feet wide over so much of the westerly part of said premises as lies
between the northerly line of the land (now or formerly) of McGreevy and the high water mark of Long
Island sound, the westerly line of which foot passage is the westerly boundary of such much of the premises
as lies north of said McGreevy's land as aforesaid and the easterly line of which is parallel with and 30 feet
easterly therefrom measured at right angles thereto.
RESERVING the right to pass and repass along a foot passage thirty (30) feet wide extending along
so much of the westerly boundary of the above-described premises as lies north of the land now or formerly
of John L. McGreevy and Theresa C. McGreevy, his wife, and extending to the high water mark of Long
Island Sound, to the following:
I. Victoria Zimnoski and her children, as long as any of them are seized of any of the land
abutting Soundview Avenue aforesaid, to which they or any of them or Joseph Zimnoski
held title in April, 1949;
2. John L. McGreevy and Theresa C. McGreevy, his wife, and their assigns and the heirs
and assigns of the survivor of said John L. McGreevy and Theresa c. McGreevy.
TOGETHER with all right, title and interest of the party of the first part in Soundview Avenue lying
in front of and adjoining said premises to the center line thereof and to lands under the water of Long Island
Sound adjoining said premises.
PARCEL 2
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, County of Suffolk and State of New York,
north of Mattituck, bounded and described as follows:
COMMENCING at a pipe at the point of intersection of the easterly lands now or formerly of Henry
W. Matalene, Jr. and Jane R. Matalene, the westerly line of lands now or formerly of the Estate of William
V. Duryee as the same is described by deed dated October 4, 1957 recorded in Liber 440 I cp 406, which
point is also 3391 feet, more or less, easterly from the intersection of the easterly line of Reeve Road and
the northerly line of Sound view Avenue and from said point of beginning running North 57 degrees 30
minutes 00 seconds east 50.00 feet to a point; thence North 23 degrees 47 minutes 30 seconds west along
other lands (now or formerly) of the Estate of William V. Duryee 725 feet, more or less, to the ordinary
high water mark of Long Island Sound; thence westerly along said high water mark (as indicated by a tie
line South 65 degrees 41 minutes 20 seconds west) 50 feet, more or less, to lands of the party of the first
part; and thence South 23 degrees 47 minutes 30 seconds East 725.0 feet to the pipe at the point or place of
BEGINNING.
TOGETHER with all the right, title and interest of the party of the fist part in and to land lying
below the high water line of Long Island Sound adjacent to said premises and in and to land lying within
the bounds of Sound View A venue adjacent to said premises to the center line thereof.
BEING AND INTENDED TO BE THE SAME PREMISES conveyed to the parties of the first part
by deed dated October 16,2001 recorded in the Office of the Clerk of the County of Suffolk on October 17,
2001 in Liber 12147 page 515.
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TORRENS
RECORDED
.~:OC'" Jun 01 10: 53: 12 ::IN
_dhl.~rd p.Romaine
CLERK OF
SUFFOLK COUHT'l
L D00012189
P 248
DTtt 01-41935
Number of pages
Serial #
Certificate #
Prior Of. #
Deed I Mortgage Instrument
Deed I Mortgage Tax Stamp
Recording I Filing Stamps
4
FEES
Page I Filing Fee
)\'
'~
\
Mortgage Amt.
Handling
TP-584
\. Basic Tax
2. Additional Tax
Notation
Sub Total
R.P.T.S.A.
,..."
"\ . Sub Total
8\_
3CJ --
~o
Spec.! Assit.
Or
Spec. I Add.
TOT. MTG. TAX
Dual Town Dual County _
Held for APportionjLe
Transfer Tax _
Mansion Tax _
Tbe property covered by this mort gag
will be improved by a one or two
dwelling only.
YES orNO
If NO, see appropriate tax clause on
oflhis instrument.
EA-52 17 (County)
EA-5217 (State)
Comm. of Ed.
5_0~
Affidavit
Certified Copy
Reg. Copy
Sub Total ~ & cJ
GR.AND TOTAL cr b
Other
l
Real Property Tax Service Agency Verification
Dist. Section B lock Lot
6 Community Preservation F
Consideration Amount $ 0
CPF Tax Due $ 0
Stamp
1000 09400 0100 016003
Date
Improved L-
Initials
Vacant Land
1 Satisfactions/Discharges/Releases List Property Owners Mailing Addres
RECORD & RETURN TO:
Jennifer B. Gould, Esq.
210 Main St., PO BOx 177
Greenport, NY 11944
TO
TD
TO
9
8 Title Company Information
Co. Name None
Title #
Suffolk Count Recordin & Endorsement Pa e
This page fonns part of the attached
Bargain and Sale need
ma
(SPEDFY TYPE OF lNSlRUMENf)
Henry W. Matalene III and Carolyn B. Matalene
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO
Windy Hill Associates, LLC
In the Township of
In the VILLAGE
or HAMLET of
Southold
Mattituck
.
1111111111111111111111111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 5
TRANSFER TAX NUMBER: 01-41935
Recorded:
At:
LIBER:
PAGE:
06/01/2002
10:53:12 AM
D00012189
248
District:
1000
Section:
094.00
EXAMINED AND
$0.00
Block:
01. 00
CHARGED AS
Lot:
016.003
FOLLOWS
Deed Amount:
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $15.00 NO Handling $5.00 NO
COE $5.00 NO EA-CTY $5.00 NO
EA-STATE $25.00 NO TP-584 $5.00 NO
Cert.Copies $0.00 NO RPT $30.00 NO
SCTM $0.00 NO Transfer tax $0.00 NO
Comm.Pres $0.00 NO
Fees Paid $90.00
TRANSFER TAX NUMBER: 01-41935
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
,.
FOR COUNTY USE ONLY
Ct. SWIS Code
PLEASB TYPE OR PRESS FIRMLY WHEN WRITING 6NFORM
INSTRUCTIONS: http:// www.orps.state.ny.us or PHONE (518) 473-7222
II- -,,\~ ,'I';"' q REAL PROPERTY TRANSFER REPORT
I ~i "i'~' ,-'; I
I t J I' I I'
..
C2. Dete Deed Recorded
k .'"\
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I'"
~nth ", Day Year
(" -;: L{ <!,
1, C4. Pege , "I , ,
STATE OF NEW VORK
STATE BOARD OF REAL PROPERTY SERVICES
C3. Iloo~ t"/, 0(, I ,
PROPERTY INFORMATION
RP - 5217
RP.5217 Rev 3197
1. Prope.rty I
Location
~
STREET NUMBER
Soundview Avenue
STREET NAME
,
I - Southold
CITY OR TOWN
Mattituck
VilLAGE
11952
ZIP CODE
2. Buyer
Name
Windy Hill Associates LLC
LAST NAME f COMPANY
FIASTNAME
LAST NAME I COMPANY
FIRST NAME
3. Tax Indicate where future Tax Bills are to be sent
Billing if other than buyer address (at bottom of form)
Address
LAST NAME I COMPANY
FIRST NAME
STREeT NUMBER AND STREET NAME
CITY OR TOWN
ST~TE
ZIP CODE
4. Indicate the number of Assessment
Roll parcels transferred on the deed
DEPTH
lOR I
'ACRES'
479
.
(Only if Part of 8 Parcel) Check as they apply:
4A. Planning Board with Subdivision Authority Exists 0
48. Subdivision Approval was Required for Transfer 0
4C. Parcel Approved for Subdivision with Map Provided 0
1 I # of Parcels OR D Part of a Parcel
5. Deed
Property
Size
FRONT FEET
Ixl
6. Seller
Name
Matalene
LAST NAME f COMPANY
Henry W. III and Carolyn B.
FIRST NAME
LAST NAME f COMPANY
FIRST NAME
7. Check the box below which most accuretely describes the use of the pro~rty at the time of sale:
A~' One Family Residential
B 2 or 3 Family Residential
C Residential Vacant land
D Non-Residential Vacant land
E ~ Agr;cultu,,1
F Commercial
G Apartment
H Entertainment I Amusement
I ~ Community Service
J Industrial
K Public Service
L Forest
Check the boxes below as they apply:
8. Ownership Type is Condominium
9. New Construction on Vacant La'nd
10A. Property located within an Agricultural District
10B. Buyer received a disclosure notice indicating
that the property is in an Agricultural District
D
D
D
D
SALE INFORMATION
15. Check one or more of these conditions as applicable to transfer:
11. Sale Contract Date
NONFJ /
Month Day Year
12. Date of Sale! Transfer
/
/
02 I
Year
A
B
C
D
E
F
G
H
I
J
Sale Between Relatives or Former Relatives
Sare Between Related Companies or Partners in Business
One of the Buyers is also a Seller
Buyer 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 (Specify 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
Month
D.y
n Full S.I. Pric. , , NOllE , " 0 , 0 I
, , . .
(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 rotmd to the nearest whole dollar amount.
"
14. Indicate the value of personal
property included in the sale
NONE
, , 0 , 0 I
, .
ASSESSMENT INFORMATION - Data should rellac! the latastFinal Assessment Roll and Tax Bill
16. Year of Assessment Roll from 1 0 I 1 1 17. Total Assessed Value (of all parcels in transferl ,I
which information taken
;
;
19200
;
18. Property Class
2 I 0
I . ,
I-LJ 19. School District Name I
Mattituck
20. Tax Map Identifier(sl! Roll Identifier(sl llf more than four. attach sheet with additional identifierls))
QLf--I-IG.3
100o-094.00-01.00-016.00~3
I
I CERTIFICATION
I certify that all of the items of infonnation entered on, this fono are true and correct (to the best of my knowledge and belief) and I understand that the making
of any willful false statement of material fact herein will subject me to the orovisions of the oenallaw relative to the making and filing of false instruments.
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BUYER'S ATTORNEY
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BUYER SIGNATU E
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Gould, Esq.
Jennifer B.
LAST NAME
FIRST NAME
326
Harden St.
631
477-8607
STREET NUMBER
STREET NAME (AFTER SALE)
/)
AREACQOE
TELEPHONE NUMBEll
Columbia
SC
29205
CITY OR TOWN
STATE
ZIP CODE
\\DA'~ IJ
. SELL RSGN)('r E
'1:l rt (i -
\.(/ "/ l.Jo.. ~ 211
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OATE
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CITYfTOWN ASSESSOR
)COPY
SEllER
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