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Bargain and Sale Deed with Covenants Against Grantor's Acts _ Individual or Corporation
CONSULT YOlIR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LA WYERS ONLY
~e"T.
THIS INDENTURE, made the f day of Aligtl3t, 2001 BETWEEN
~
J. KATHLEEN GAGEN, residing at 190 Gillette Drive, East Marion, NY, 11939, as surviving tenant
by the entirety of Frederick E. Gagen
party of the first part,
HENRY H. GALIZIA, residing at 1 Bay Club Drive, Bayside, NY, 11360; and
DANIEL P. SMALLEY, residing at 23-45 Bell Blvd., Bayside, NY, 11360
party of the second part,
WITNESSETH, that the party of the first part, in consideration of ONE HUNDRED AND NINETY
NINE THOUSAND SEVEN HUNDRED AND FIFTY and no/lOOths (199,750.00) 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 improvementsihereon 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 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 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:
-s:- IirdiLu A\ ~T
J. KATHLEEN GAGEN .
STATE OF NEW YORK:COUNTY OF SUFFOLK) ss:
On the :'0-1'1/1 day of August, 2001, before me, the undersigned, personally appeared 1. KATHLEEN
GAGEN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that she executed the same in
her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrument.
~
~A
JENNIFER B. GOULD
Notary Public, Stats of New York
No 02G05024640 - Suffolk County
Com;"ission Expires March 14.2oQ:Z..
.
SCHEDULE "A"
ALL THAT CERTAIN plot, piece or parcel of land, situate, lying and being in the Town of
Southold, County of Suffolk and State of New York, known and designated as Plot No. 31 on a certain map
entitled, "Map of Marion Manor" and filed in the Office of the Clerk of the County of Suffolk on March 18,
1953 as Map No. 2038 said lot being more particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Gillette Drive distant 146.23 feet southerly from the
corner formed by the intersection of the westerly side of Gillette Drive and the southerly side of Main Road
(S.R. 25);
RUNNING THENCE southerly along the westerly side of Gillette Drive, South 33 degrees 43
minutes 50 seconds East 102.68 feet to a point in the division line between Lots 3] and 30 on the aforesaid
map;
THENCE along said division line, South 64 degrees 51 minutes 10 seconds West 120.00 feet to
land now or formerly of Joseph Czerepowicz;
THENCE along said land North 25 degrees 08 minutes 50 seconds West 101.53 feet;
THENCE North 64 degrees 51 minutes 10 seconds East 104.68 feet to the westerly side of Gillette
Drive, the point or place of BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed to Frederick E. Gagen and J.
Kathleen Gagen, his wife, by deed in Liber 8238 page 389.
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TORRENS
RECORC1ED
2001 Sep 1'~ 02: 18: 57 Pt'1
Edward P.Romaine
CLERK OF
SUFFOLK COUt,W
L D00012142
P 62.3
DT# 01-07065
Number of pages
Serial #
Certificate #
Prior Ctf. #
Deed I Mortgage Instrument
Deed I Mortgage Tax Stamp
Recording I Filing Stamps
4
FEES
Page I Filing Fee
Mortgage Amt.
Handling
TP-584
I. Basic Tax
2. Additional Tax
Notation
Sub Total
EA-52 17 (County)
Sub Total
Comm. of Ed.
5_0~
Spec.! Assit.
Or
Spec. I Add.
TOT. MTG. TAX
Dual Town Dual County
ortionment
EA-5217 (State)
R.P. T.S.A.
I !i ---2..!L
Affidavit
Transfer Tax
~(JD-
-
GR.AND TOTAL
1.2
Mansio Tax
The pro erty covered by this mortgage is or
will be improved by a one or two family
dwellin only.
YES or NO
If NO, see appropriate tax clause on page #
of this instrument.
Certified Copy
Reg. Copy
Sub Total
Other
1M
unity Preservation Fund
199,750
$ 995
Real Property Tax Service Agency Verification
Oist. Section Block
Lot
1000
038.00
02.00
002.000
Improved x
Vacant Land
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
If)
rIla(+,~ ('loe L
PettI Rogan, Esq.
Minvera & D'Agostino
107 South Central Avenue
Valley Stream, NY 11580
TD
TD
TD
9
8 Title Company Information
eaport Title Agency
Title # MM0484S
Suffolk Count Recordin & Endorsement Pa e
lbis page forms part of the attached
Bargain and Sale Deed
made by:
J. KATHLEEN GAGEN
(SPECIFY TYPE OF INSTRUMENT )
The premises herein is situated in
SUFFOLK COUNIY, NEW YORK.
,
TO
HENRY H. GALIZIA and DANIEL P. SMALLEY
In the Township of
In the VILLAGE
or HAMLET of
Southold
East Marion
BOXES 5 TIIRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
IOVERl
111111I11111 1111I1111I11111 11111 11111 11111 1I111 11111111
1111111111I1 1111I 1111 1111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 4
TRANSFER TAX NUMBER: 01-07065
Recorded:
At:
LIBER:
PAGE:
09/19/2001
02:18:57 PM
D00012142
623
District:
1000
Section:
038.00
EXAMINED AND
$199,750.00
Block:
02.00
CHARGED AS
Lot:
002.000
FOLLOWS
Deed Amount:
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $12.00 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 $15.00 NO
SCTM $0.00 NO Transfer tax $800.00 NO
Comm.Pres $995.00 NO
Fees Paid $1,867.00
TRANSFER TAX NUMBER: 01-07065
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.nycus or PHONE (518) 473-7222
REAL PROPERTY TRANSFER REPORT
STATE OF NEW YORK
STATE BOARD OF REAL PROPERTY SERVICES
RP - 5217
RP.5217Rev 3I'n
""-1
Location
190
Gillette !Jrhe
STREET NAME
STREET NUMBER
Southold
East Marion
VILLAGE
U939
ZIP CODE
CITY OR TOWN
2. Buyer
Name
GaUzia
Henry H.
FIRST NAME)
LAST NAME I COMPANY
Smalley
LAST NAME I COMPANY
Daniel P.
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
S ET NUMBER AND STREET NAME
CITYORTQWN
5. Deed
Property
Size
103:!:
~RONT FEET
Ixl
120:!:
lOR I
'ACRES'
.
(Only if Part of a Parcell Check as they apply:
4A. Planning Board with Subdivision Authority Exists D
48. Subdivision Approval was Required for Transfer D
4C. Parcel Approved for Subdivision with Map Provided 0
4. Indicate tt1e num~.r of Assessment
:. Roll parcels transferred on the deed
1 I # of Parcels OR D Part of a Parcel
i.
DEPTH
6.Sener
Name
Gagen
LAST NAME I COMPANY
J. Kath1eee
FIRST NAME
LAST NAME I COMPANY
FIRST NAME
A~ One Family Residential
B 2 or 3 Family Residential
C Residential Vacant Land
D Non-Residential Vacant Land
1~~1il
E ~ Ag,;eultu,,'
F Commercial
G Apartment
H Entertainment / Amusement
I ~ Community Service
J Industrial
K Public Service
L Forest
Check the boxes bMow as thlIy. apply:
8. Ownership Type is Condominium
9. New Construction on Vacant Land
10A. Property Located within an Agricultural District
10B. Buyer received a disclosure notice indicating
that the property is in an Agricultural District
o
o
o
o
7 ~ _<<;heck the box below which most accurately describes the use of the property at the time of sale'
15. Check one or more of these conditions as applicable to transfer. .
12. Date of Sale J Transfer
06 I 22 I 01
Month Day Year
q I' 01
I f I
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 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
11. Sale Contract Date
'3. Full 50'0 Prieo , 1, 9, 9, 1l :i 00, 0 1
, , .
(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.) Plesse round to the nesrest whole dolfsr amount.
14. Indicate t~e value ~ personal I I I ~on~. I I I 0 I 0 I
.proporty. l-.t. ;;;'ntho.ooIe.~~Mf~_M.
I~~.~~..... ..I~I~
16. Vear of ~.nt Roll from I 0, 1
which information taken
17. Total Assessed Value (of all parcels in transfer) I
3~-;2 - c;L
. , 5, 1, 0 01
, , ,
18. Property Class
2. 1 ,0 I-U '9. School o;",,1ct Nomo 1
Oysterponds
20. Tax Map Identifier(s) / RoD Iden'tifier{slllf more than four, attach sheet wltt\HdItIonalidentifier(aU
1??o-o38.00-02.00-002.000
1
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I certify tbot all of the Items of infonnotion entered om this ronn .... true ond correct (to the best of my knowledge ond belief) ond I undeniond tbot the making
of any willful faIsestatement of material fact herein will subject me to the orovisions of the oenaltaw relative to the making and ftIing of false instruments.
BUYER BUYER'S ATTORNEY
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.Rasa", Esq.
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BUYER SIGNATURE
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LAST NAME
FIRST NAME
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STREI=:T NUMBER
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,~R~ET NfM'~(~ER;AtEl
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516
872-7400
AREA-CODE
TELEPHONE NUMBER
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CITY OR TOWN
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STAlt
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ZIP CODE
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SELLER
SELLER SIGNATURE
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