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HomeMy WebLinkAboutL 12177 P 182 ~' /}.il1' ~ ,f?J ~\uD \ " . > 8DD123/L Standard N. Y .B.T.V. Form 8002 - Bargain and Sale Deed. with Covenant against Grantor's Acts - Uniform Acknowledgment C.ONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOUL~. BE USED BY LAWYERS ONLY pO .." , .'f THIS INDENTURE, made the ~ O( VVta.t(l,.0 I d day of I"I!lI!Rt:lAI'l't', 2002 BETWEEN JAMES GEORGE and LINDA SCHAFFER, his wife, both residing at 7305 Wickham Avenue, Mattituck, New York 11952 party of the first part, and ~G0CkRn811~ B & H FARMS LLC, a New York limited liability corrpany with offices at 60 Locust Street, East Moriches, New York 11940 party of the second part, WITNESSETH, that the party of the first part, in consideration of ten ($10.00) and other 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 in the Town of South old at Mattituck, County of Suffolk and State of New York, being more particularly bounded and described on Schedule "N annexed hereto and made a part hereof. BEING AND INTENDED TO BE the same premises as conveyed to the party of the first part by deed dated January 22,2001 and recorded in the Suffolk County Clerk's Office on January 30, 2001 in Liber 12099 at Page 729. 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 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" when ever 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 MAK. 1'J. LOOL 1: 'J'J~M eL I Ie KlvtKHtAV rl.fi,IJA/l ------XffL6U;aL IYV. 't fU I. AMENDED 03/15/02 NOTE: THIS DESCRIPTION AI'FECTS ALL OF TAX LOT 006.01)3. UPON RECEIPT OF A GUARANTEED SURVEY SHOWING TAX LOT 006.003 TO BE I:NSURED, AN AMENDED METES AND BOUNDS DESCRIPTION WILL BE PREPARED: ALL that certain plot, piece or parcel of land, situate, lying and be'ing in the Town of Southold, at Mattituck, County of Suffolk and State of New York, being bour\ded and described as follows; BEGINNING at a point which is distant the following two courses <lnd distances from the intersection of the northerly side of Wickham Avenue [Old Middle Road, Middle Road] and the easterly side of Mill Lane: 1. Along the northerly side of William Ave., 1017.78 feet; 2. north 18 degrees 19 minutes 20 seconds west, 270.71 feet to the true point or place of beginning; THENCE along lands now or formerly of Corridan, the following ei~lht courses and distances: 1. north 18 degrees 19 minutes 20 seconds west, 122.38 feet; 2. south 68 degrees 56 minutes 30 seconds west, 50.56 feet; 3. south 42 degrees 03 minutes 20 seconds west, 32.90 feet; 4. south 08 degrees 24 minutes 50 seconds east, 26.17 feet; 5. south 22 degrees 57 minutes 40 seconds west, 35.41 feet; 6. south 00 degrees 42 minutes 20 seconds west, 20.44 feet; 7. south 11 degrees 20 minutes 20 seconds east, 32.66 feet; 8. south 20 degrees 10 minutes SO seconds west, 43.55 feet; THENCE south 70 degrees 08 minutes 40 seconds west, still along said last mentioned land and also along lands now or formerly of Ackroyd, 198.78 feet to laM now or formerly of Lupton, now Or formerly of Bossert; THENCE north 20 degrees 48 minutes 05 seconds west, along last mentioned lands, 76.43 feet; THENCE north 20 degrees 40 minutes 45 seconds west, along land" now or formerly of Satterlee, 789.27 feet; . THENCE north 21 degrees 18 minutes 50 seconds west, still along last mentioned land and along lands now or formerly of Sidor, 235.61 feet; THENCE north 22 degrees 07 minutes 30 seconds west, still along I1mds now or formerly of Sidor, 212.13 feet; THENCE north 64 degrees 19 minutes 00 seconds east, along lands: now or formerly of Allyn Tuthill, 653.85 feet; MAK. 1'). 1L1L11 I: J')YM ~LII~ KJVtKHtAU S~ If CUt-l-~, NU. 4/b r. L THENCE south 22 degrees 21 minutes 30 seconds east, along lanclls now or formerly of Sidor, Jr., 1359.22 feet; THENCE south 71 degrees 40 minutes 40 seconds west, 338.58 fE'et to the point or lace of BEGINNING. TOGETHER with a thirty (30) foot wide access easement and light; of way bounded and described as follows: BEGINNING at a point On the northerly side of Wickham Avenue, \Middle Road Old Middle) distant easterly 1017.78 feet from the corner formed by the inter\5ectlon of the easterly side of Mill Lane and the northerly side of Wickham Avenue; RUNNING THENCE North 18 degrees 19 minutes 20 seconds West, along the land now or formerly Denis and Sharon Corridan, 270.71 feet; THENCE North 71 degrees 40 minutes 40 seconds East, 30.00 feet; THENCE South 18 degrees 19 minutes 20 seconds East, 273.16 feet to the northerly side of Wickhamn Avenue; THENCE South 76 degrees 20 minutes 40 seconds West, along th", northerly side of Wickhamn Avenue,30.I0 feet to the point or place of the BEGINNING. 'jt1\'s -ea->C-eM.~ V ~ e=o[[OW[ ~ kn\M<;" ~ su f!:,T~ to ~-S FIRST: As a covenant to run with the land, the Grantee shall not to plant any trees, shrubs or foliage of any kind or erect any structure thereon, without the prior written consent of the Grantor, his heirs, legal representatives, successors and assigns, which will, in any way, obstruct said Easement Area. fUJ;ther SECOND: In the event that the Grantee wishes to/improve the Easement Area in lllJdoo<:kku~xici~)OOt:saidd3asemoo:txA:rIita:,cMJMciliglllaootsec (herein referred to as "Improved Area"), prior to any such Improved Area being created, the Grantee shall give notice to the Grantor which notice shall include the plans and specifications of the Grantee as to such Improved Area. No work shall be commenced unless and until the Grantor approves said Improved Area in writing. The actual cost of said Improved Area shall be the sole responsibility of the Grantee. Grantee shall maintain the driveway and Improved Area THIRD: /In<:t<boceXltmt:tlan:jl1edodl\..,....~.oNLA&~m..:J.. ,1.00.: ~*~egQ~~~lOCtlxh&&:Shalbb:ixmaintained in good repair employing the same design, type of construction and material as originally installed,at the sole cost and expense of the Grantee. reasonal.by. FOURTH: In the event that the Grantorlbelieves that the Improved Area needs to be repaired within the foregoing limitations, the Grantor may give notice to the Grantee by certified mail, return receipt requested and postage paid, addressed to the address first written above that demand is made for the repair and/or maintenance of the Improved Area. Said work shall be undertaken by the Grantee within sixty (60) days after notice is given. In the event that the Grantee does not undertake said repair work within Sllid 60-day period, the Grantor may see to said work utilizing contractors of Grantor's choice. The bills for said repairs shall be sent to the Grantee who shall see to the payment thereof within ten (10) days after delivery of said bills. Failure to pay same shall be a default under this agreement -llfld rigHts sf tile GFflflteC iR llfl6 18 said Easement .A.rea sllaH irhfflcdiatdy ECllse and the Grantor shall be entitled to seek whatever remedies are available tQ him under this o<.l1 aj;reement, by case law or statute)I'ndlld,~ l.()'cU-,ovt 11M ;tcrl-rOY'l Y"l?J::U>oncJole.U7IT~ \-"Q.eg . l<'lJ:<"l'lI: The obligations of the parties hereto under this agreement shall be a continuing obligation of the parties hereto, or tlle tllen owners of the subject premises. This Easement Agreement shall run with the land and shall be binding upon the parties hereto, their heirs, successors and assigns. SIXTH: That said Grantor is seized of the said premises in fee simple, and has good right to convey tlle same; SEVENTH: That said premises are free and clear of encumbrances, ttUJ!llti0lt:eK firskmOl1.p~xindw'm'llf~Eedttak~lIlIdxkQltR,A ~ Page -t- 1OO1~JWhiclKmO:Iitga:git,is~JWllitd,m~itlO&~IOl_:0i>>ti,Gmonfjtdx&\lffulk,m ~xxxxxx~k~~xxxxx~x EIGHTH: That the Grantor will execute or procure any further necessary assurances of the title to said rights and easements; and NINTH: As a condition of the use of said Easement Area, the Grantee agrees that, at Grantee's sole cost and expense, Grantee shall procure, carry and maintain comprehensive general liability insurance, including property damage, insuring Grantor and any of Grantor's mortgagees and the Grantee against liability for injury to persons or property occurring in or about the Easement Area arising out of the maintenance, use or occupancy thereof, with limits of liability of not less than $1,000,000.00 per occurrence and $2,000,000.00 general aggregate for bodily injury, personal injury, death or property damage. (A) All such policies shall be written by one or more insurance companies licensed to do business in the State of New York and which are reasonably satisfactory to the Grantor and shall contain agreements of the insurance companies to the effect that no act or omission by any named insured will invalidate the policy as to the other names insured. (B) All of the above policies of insurance shall be in form and substance reasonably satisfactory to the Grantor and shall provide by endorsement that any loss shall be payable to the Grantor, Grantee or any mortgagees as their respective interests may appear. The Grantee shall procure and obtain all of such insurance through its own. sources. All policies of insurance shall contain a provision requiring at least thirty (30) days prior written notice to Grantor as a condition to cancellation of same. All of the aforesaid policies or certificates thereof (Certificates shall only be delivered if the policy is not yet available and the policy shall be delivered as soon as available), with evidence of payment of premium thereon, shall be delivered to the Grantor prior to the date hereof and evidence of renewals thereof shall be delivered to the Grantor not later than thirty (30) days prior to the expiration of any policy or policies or renewals thereof. In the event of Grantee's default hereunder, the Grantor may secure or pay the charges for any such policy or policies or renewals or substitutes thereof and charge the Grantee for same, to be paid upon ten 00) days notice or pursue its other remedies arising out of Grantee's aforesaid default. (C) The Grantee shall cooperate with the Grantor and any mortgagee in connection with collection of any insurance monies that may be due to the Grantor in the event of loss and shall execute and deliver to Grantor, any mortgagee and insurance company, such proofs of loss and other instruments that may be required for the purpose of facilitating t11e recovery of any such insurance monies. In t11e event that the Grantee shall Page :},. fail or neglect so to cooperate or to execute, acknowledge and deliver any such instrument within twenty (20) days after demand therefor, the Grantor may, as the agent or attorney-in- fact of Grantee, without the requirement of the execution of any further documents, execute and deliver any proofs of loss or any other documents as may be required by such insurance companies for the collection of such insurance monies. By execution of this Agreement, the Grantee, for himself, his heirs, legal representatives, successors and assigns, hereby irrevocably nominates, constitutes and appoints the Grantor as Grantee's proper and legal attorney-in-fact for such purposes. (D) All proceeds from any applicable policies of insurance required hereunder shall be paid to the insureds in accordance with their respective interests. TENTH: The Grantee shall, at all times hereafter, indemnify Grantor against all liability, loss, cost, damages, or expense sustained by Grantor, including attorney fees and other expenses of litigation, arising out of, or directly or indirectly due to, any accident or other occurrence causing injury to any person or persons or property resulting from the use of the Easement Area and Improved Area or any part thereof, provided said liability, loss, cost, damage or expense IS not due to the negligence of the Grantor, it's agents or invitees. ELEVENTH: The construction, validity and effect of this Agreement shall be determined under the laws of the State of New York. TWELFTH: This agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators and successors. THIRTEENTH: This agreement contains the entire understanding between and among the parties hereto with respect to tlle transactions contemplated herein. This agl:eement may not be modified, altered, terminated or discharged in any manner other than. as herein provided, except by an instrument in writing signed by all parties hereto. FOURTEENTH: It is understood and agreed that all understandings and agreements heretofore had between and amongst the parties hereto are merged in this agreement which alone fully and completely expresses their agreement and that the same is entered into after full investigation, neither party relying upon any statement or representation made by the other except as specifically set forth in this agreement. YU:<TEENTH: The parties agree to cooperate with each other and comply with the otller's request to execute any additional or correction documents which may be necessary subsequent to tlle closing of title to confirm or correct the intentions of the parties as expressed in this Agreement. Page .J- 'i": -- MAR. 15. 2002 1: 55PM ClIlC KlYtKHtAU nv. 'flU I. J ~ ;J- &it~ud! AMeNDED 03/05/02 PARCEL II PART OF 006.002 ALL that certain plot piece or parcel of land, situate, lying and beinp in the Town of South old at Mattituck, County of Suffolk and State of New York being bounded and described as follows: BEGINNING at the Southeasterly corner of the premises to be desc,ribed said point of beginning being distance the following three (3) courses aod distances from the intersection of the easterly side of Mill Lane with the northerly side of Wickham ~~ve., 1 Easterly 1017.78 feet; 2 North 76 degrees 20 minutes 40 seconds East 359.10 feet:; 3 North 21 degrees 54 minutes 50 seconds West, 256.78 feet to the point or place of the BEGINNING. RUNNING THENCE from said point of beginning, North 21 degreesi'S4 minutes SO seconds West, 43.77 feet to a point; THENCE South 71 degrees 40 minutes 40 seconds West, 38.02 Met to a point and other lands now or formerly of George and Schaffer; , THENCE along said lands, South 22 degrees 21 minuteS 30 seconltl East, 43.77 feet THENCE North 71 degrees 40 minutes 40 seconds East, 38.02 feelt to the point or place of BEGINNING. . n::Lz.::-!O #lG Z:::l d LLlZ~OODG l ;\J~,mo::j A10.::l.:lriS ,:W :::ld3l:] .;u ~ EIJJO;j . d P) t:'f'IP3 ~'Jd Zl :ZZ :ZO L,3 JE'I,~ (:00;::: (]3(]dC03j ~2 ) Number of pages TORRENS Serial # RECORDED 2002 Mar 27 03:32:13 PM Edward P.Romaine CLEj;:K OF SUFFOLK COUHT\-' L D00012177 P 182 DT# 01-3'}"::'"",; Certificate # Prior Clf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee Mortgage AmI. Handling 1. Basic Tax TP-584 2. Additional Tax Notation EA-52 17 (County) ~ 5:>~ Sub Total Sub Total Lj d- --- Spec.! Assit. Or Spec. / Add. EA-5217 (Stale) Affidavit . TOT. MTG. TAX Dual Town Dual County Held for Apportionment Transfer Tax 1'700. / R.P.T.S.A. Comm.ofEd. 5~ I Certified Copy I Reg. Copy Sub Total f(Yo - GR.ANDTOTAL J~ }o - 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. Other Real Property Tax Service Agency Verification Stamp 02002000 1000 1000 R.lrv-Ir I "t 10700 0500 iYcfo6002 10700 0500 006003 6 Community Preservation Fund Consideration Amount $ L --- dJ, 3 CPF Tax Due $ ~: I , Improved Vacant LandL nid ..:;:""...ti....n Date -- " Initials 7 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: 9 TD JMO TO TO / 11us page fonns part of the attached ~ . Y:h (SPECIFY TYPE OF INSTRUMENT) 'Jt ff W./ ~The premises herein is situated in SUFFOLK COUNTY, NE~ In the TO'M1Ship of ~ llul;/j;~~~ , --- made by; 17 :rll~ / L-L!../ In the VILLAGE or HAMLET of BOXES 5 TIIRU 9 MUST BE TYPED OR PRINfEO IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) 111111I111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 9 TRANSFER TAX NUMBER: 01-32731 Recorded: At: LIBER: PAGE: 03/27/2002 03:32:13 PM D00012177 182 District: 1000 Section: Block: 107.00 05.00 EXAMINED AND CHARGED AS FOLLOWS $425,000.00 Lot: 006.002 Deed Amount: Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $27.00 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 $50.00 NO SCTM $0.00 NO Transfer tax $1,700.00 NO Comm.Pres $0.00 NO Fees Paid $1,822.00 TRANSFER TAX NUMBER: 01-32731 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County . . .. PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http:// www.orps.state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE ONLY .' I C3.Book I /,..l,. , PROPERTY INFORMATION 7,7IC4.Pagel REAL PROPERTY TRANSFER REPORT CI. SWIS Code C2. Date Deed Recorded STATE OF NEW YORK STATE BOARD OF REAL PROPERTY SERVICES ,'. ") 0, '-.1 RP - 5217 RP.52l' Rev 3197 ,. Property I Location Wickham Avenue STREET NUMBER STREET NAME Mattituck/Southold CITY OR TOWN VilLAGE 11952 ZIP CODE 2. Buyer Name ~~:x )l y',j!:~;C\XEEX'a:1fdKlm"AlI~~ln.f LAST NAME I COMPANY B [, 1I FARNS Ili: FIRST NAME LAST NAME! 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 STATE ZIP CODE 4. Indicate the number of Assessment Roll parcels transferred on the deed o o "J D !\ I # of Parcels OR (Only jf Part of a Parcel) Check as they apply: Part of a Parcel 5. Deed Property I X I lOR I Size FRONT FEET DEPTH 6. Seller f:FORr-l, Name LAST NAME! COMPANY SCliAFFER LAST NAME I COMPANY ;Y ,. , 2 'ACRES o. 0 0 I 4A. Planning Board with Subdivision Authority Exists 48. Subdivision Approval was Required for Transfer 4C. Parcel Approved for Subdivision with Map Provided D D D .JAMES FIRST NAME LINDA FIRST NAME 7. Check the box below which most accurately describes the use of the property 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 ~ Age,,""",,' I ~ F Commercial J G Apartment K H Entertainment / Amusement L Community Service Industrial Public Service Forest Check the boxes below as they apply: 8. Ownership Type is Condominium 9. New Construction on Vacant Land 10A. Property located within an Agricultural District 108. Buyer received a disclosure notice indicating that the property is in an Agricultural District D D "..-y L':::J D SALE INFORMATION 15. Check one or more of these conditions as applicable to transfer: 11. Sale Contract Date 4 1 10 1 01 Month Day Year 3 1 /51 02 Month Day Year A B C D E F G H I J Sale Between Relatives or Former Relatives Sale Between Related Companies or Partners in Business One of the Buyers is also a Seller Buyer or Seiler 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) 12. Date of Sale I Transfer 13. Full Sale P,lce , 4 2 5 0 0 0, 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 round to the nearest whole dollar amount one 14. Indicate the value of personal I property included in the sale , -:-- C;' --:-0, 0 I , , . ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill 16. Year of Assessment Roll from 100 011 Total Assessed Value (of all parcels in transfer) I which information taken ' 17. /';/1 -// ( /J..'/L( '/' ( , [ , 250 ; , o , lilt '..>, i 18. Property CI~? .-'"' I ! .r/ri F ,..... 20. Tax Map Identifier(s) I Rollldentifierlsl (If more than four, attach sheet with additional identifierls)) il ,I-LJ ,J Ie ~. .1 ,'./' 19. School District Name I 1112 Mattituck 10-,-!;'- (,-3 t-(,.2. :tlIlUIXImlX 1000-107.00-05.00-006.003 i! I ('Ii Ii {( It -; - :~/. (! {Ui"J....1 I CERTIFICATI~N I certify that all of the items of infonnation entered on thi'J fonn 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 provisions of the penal law relative to the making and filing of fal'Je instnnnents. BUYER BUYER'S ATTORNEY B & H F AR}lS. r..u; I' I ' \ '!! l-c-~ Jc.- \ D BEITLER ~ \( L WI CKHA11 LAST NAME ABIGAIL B BUYER SIGNA RE /'\ , / ) () DA FIRST NAME STREET NUMBER ..,t- /.J,\,) ,,'" STREET NAME (AFTER SALE) 631 298-8353 AREA CODE TELEPHONE NUMBER .'j' , "0-.J... I ;\ 1,/ .JA"; 1)(7IJ'1 I " ZIP CODE / r -:'+ ;; /\ ; i CITY OR TOWN '\ .\ / SELLER ?7\I)' \ (jY DAT ' CITYffOWN ASSESSOR COpy SELLER SIGNATURE JA-'1ES GEORGE ..