HomeMy WebLinkAboutL 12471 P 423•:
L
THIS INDENTURE, made the 2~day of Maroh, 2006
BETWEEN
ANNE M. ELAK, as Executor of the Estate of John C. Elak a/k/a John Elak, who died a resident
of Suffolk County on April 7, 2005 and whose will was admitted to probate by the Suffolk County
Surrogate's Court under file #1535P2005, with an address B/o Anne M. Etak, residing at 20730 Main
Road, Mattituck, New York 11952, party of the first part, and
ANNE M. ELAK, residing at 20730 Main Road, Mattituck, New York 11952, JOHN ELAK, JR.,
residing at 21360 Main Road, Mattituck, New York 11952, and ROSEANNE BEREZNY, residing at
85 Linda Avenue, Riverhead, New York 11901, each as to an undivided one-third (1f3) interest as
tenants in common, parties of the second part,
WRNESSE-TH, that the party of the fast part, in wnsideretion of the distribution of the premises described
herein under said will, and other good and valuable consideration paid by the party of the second pert, 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 those certain pots, pieces, tracts or parcels of land. with the buildings and improvements thereon erected,
situate, ying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York,
being more particularly bounded and described as folklws:
BEGINNING at a point on the southerly side of the Main Road at the northeast comer of the premises herein
described: said point being 175 feet westerly as measured along the said southerly side of the Main Road from
the northwesterly comer of land of Dickerson; said point also marking the northwest comer of lands of John
and Anne Elak as contained indeed Libor 7934 page 481; from said point of beginning;
RUNNING THENCE abng saki land of John and Anne Elak the following two (2) courses and distances:
1. South 08 degrees 44 minutes 37 secends East. 278.18 feet;
2. South 81 degrees 09 minutes 13 seoonds East, 85.21 feet
THENCE abng land now or formerly of John and Anne Elak and along land now or formerly of Frances J.
Bogut and John F. Bogut and along lands now or forrrlerly of James F. Brush and Nancy J. Brush, Gerard
Shaw and Susan Shaw and Anthony Laura and Patricia Laura. South 02 degrees 18 minutes 57 seconds
East, 1,759.54 feet to the northerly side of New Suffolk Avenue;
THENCE northwesterly and westerly along New Suffolk Avenue the folbwing two (2) courses and distances:
1. North 65 degrees 10 minutes 37 seconds West. 75.12 feet,
2. South 83 degrees 11 minutes 30 seconds West 593.83 feet to land now or formerly of Atma T.
Suter,
THENCE northwesterly along said land North 02 degrees 07 minutes 28 seconds West, 1.721.34 feet to other
land of John and Anne Elak:
THENCE abng said land the folbwing two (2) courses and distances:
1. North 83 degrees 22 minutes 44 seconds East, 125.00 feet
2. North 02 degrees 07 minutes 26 seconds West. 275.00 feet to the southery side of Main Road
(NYS Route 26):
THENCE easterly abng said southerly aide of Main Road (NYS Route 25) North 63 degrees 22 minutes 44
seconds East, 422.54 feet to the point or place of BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed to John Elak by deed from Magdalena Elak,
dated March 28. 1979, and recorded in the Suffolk County Clerk's office on April 4, 1979, in Libor 8608, at
page 19. The devebpment rights to 24.5 acres of property were conveyed to the Town of Southold by Deed
of Development Rights dated August 25, 2003.
Subject to sale of developments to Town of Southold on a portion of the premises. Subject to Conservation
. Easement in favor of Peconlc Land Trust on the premises. Subject to a 25 foot right of way abng the
norUleaslerly comer of the property for the benefit of 1000-116-1-10 (7.8 acres). Subject to right of Flrst refusal
in favor of Russell C. McCall in Libor 12273. page 139.
TOGETHER with all right, title and interest, if any, of the party of the first pert in and to any streets and roads
abutting the atx~ve described premises to the center lines thereof: TOGETHER with the appurtenances and all
the estate and rights Of the party of the first part m and to said premises: TO HAVE AND TO HOLD the
premises herein granted unto the party of the second part. the heirs or sucxessons 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 anyway whatever, except as aforesaid.
~ti~~ ~ SranWrdN.Y.B.T.U Form80D5-E^ewtorsDeea-UnilormAGnowledprtant
~~~ CONSULT YOUR LAWYER BEFORE SIGNING THIS IN87RUMENT•THIS INSTRUMENT SHOULD BE USED aY LAWYER8 ONLY
~,
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 m receive such consideration
as a trust fund bo 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 ocher
purpose. The word 'party' shall be oonsWed as ii it read 'parties' when ever the sense of this Indenture so
requires.
IN WRNESS WHEREOF, the party of the first part has duly executed this deed the day and year first atwve
written.
IN PRESENCE OF'
deedex3
Anne M. Eiak
,._ •: .
'~. ~ B
TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE
State of New York, County of SuHdk ss•
On ths~ day of March, in the year 2008,
before me, the undersigned, personalty appeared
ANNE M.ELAK
personally known to me or proved to me on the bads of
sa0afatiory evidence to be the individwl(s) whose name(s) is
(are) subscribed to the within insWment and acknowledged to
me that he/stlBAtmy exerxaed the same In hidherNleir
capecity(ma), and that by hlsAler/their signawro(s) on the
inaWr~ th(e~ind~ivi~dual(s)ar t~hpel~person upon behalf of which
the/6a1// // %// [ // imtrumeM.
(sl re and'o(Gce 3flrldivkluaFMti
N PuWk
State of New York, County of Sut[dk ss:
On the day of , in tho year 2003.
before me, the undersigned, personally appeared
personalty krloartl to me or proved to me on the bash of
satisfactory evidence to be the individual(s) whose name(s) h
(aro) subscribed to the within insWmerd end acknowledged to
me that he/she/they executed the same fn hhlhorfllmir
capadty(ias), and Ihet by hlsAmfifteir signaWre(s) an the
tnstNmenL the Individwl(a), or the person upon behalf of which
the indivfdual(s) acted, exseulad the instrument.
(signature and office of irxtiWdual taking adcnowhdgmenq
ABiGAILA.WIt:KHAM --
Notary Public, State o} New York
No. 52.466287•
Qualified in SuH~ ~Ilty
CommisaionExpires ,~f~
..70.8E USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE
State (or Disbict of Columbia, Territory, or Foreign Country) of ss:
On the day of in the year before me, the undersigned, personally appeared
personalty known to rrm or proved to ma an the balls of satisfactory evidence to be the individwl(e) whose name(s) h (are)
subscribed t0 the within insWmem end adtrwvAsdgsd to me that hehhaAhey executed the same in hlalhsrAheir capatbly(iea), and
that by hisllmrflheir signature(s) on ilia insWmenl, the intlividual(a), or the person upon bM1aN of which the indNidwl(s) aced,
executed the instrumend, and that such individual made such appearance before the undereignad in the
in
(omen the City or other pdifical twbdrvlsionl (and insert the State or CounaY or other phca the adolovAedgmant was taken)
FIDUCIARY'S DEED
Title No.
Estate of John C. Elak aJIJa John Elak
TO
Anne M. Elak, John Elak, Jr. and Roseanne
Berezny
taignaturo and otfics of indlvdwl inking sduwwledgmeM)
SECTION
BLOCK
LOT
COUNTY OR TOWN
STREET ADDRESS
Recorded at Request of
COMMONWEALTH LAND TITLE INSURANCE COMPANY
DleNbulad bf
Commonwealth
I.\\I. \VI Yh: \, , NPN\
l+1NWISN'IALfII I AYII'I I IIF:IxSUMTU'k ClINP6~Y
Wickham, Bresslev, Gordon
P.O. Box 1424, Main Road
Mattituck, New York, 11952
svFFOLx covNT~r cLSRx
RBCORDB OFFICB
RBCORDING PAGE
Typo of Iaetrumeat~ D8ED8/DDD Recordede 09/27/2006
Number of Pagass 4 At: 02:48:43 PM
Receipt Number s 06-0094635
TRANSFBR TAX NQN88R: 06-07251 LISSR: D00012471
PAGB: 423
Districts Sectioa: 81ock: Lot:
1000 115.00 08.00 003.007
EYANINB'D AND CHAR(9SD AS FOLL09P8
Deed Amouat~ $0.00
Received the Follosviag Sees For Abova Iastrumeat
~~Pt 8xempt
Paga/Filiag $12.00 NO Haadliag $5.00 NO
C08 $5.00 NO NY9 BRCSid $15.00 NO
~--CTY $5.00 NO 8A-STAYS $75.00 NO
TP-584 $5.00 NO Cert.Copies $0.00 NO
RPT $70.00 NO SCT~S $0.00 NO
Traaafer tax $0.00 NO Camm.Pres $0.00 NO
Fees Paid $192.00
TRANSFSR TAY NUbIDBR: 06-07251
THIS PA08 IS A PART OF TH8 INSTRIIN~IT
T8I8 IS NOT A BILL
Judith A. Pascale
Couaty Clark, Suffolk Couaty
Please'be advised this docru~reat will be pablic record Remove Social Security Nwnber(s) prior to recording.
1 2
RECORDED
Number of pages 2006 Seo 27 02:48:43 PM
J
di
h
u
t
R. Pascale
TORRENS OLERK OF
SUFFOLK COUNTY
Serial # L D000t2471
P 423
Certificate # DT{ 06-07251
Prig Ctf. #
Deed /Mortgage instrument Deed /Mortgage Tax Stnmp Recording /Filing Stamps
3 ~ I'EF_S
Psge /Filing Fee ~ ~ Mortgage Amt.
I. Bas1C Tax _
Handling 5• ~ 2. Additional Tax _
~_S84 _ S Sub Total
SpecJAssit.
Notation
EA-52 l7 (County) 5 ~ Sub Total or
Spec. lAdd.
EA-5217 (Smte) ~S _ 7'OT. MTG. TAX
R
P
T
A
S Dual Town _ Dual County
.
.
.
.
.
Held for Appointment
Comm. of Ed. 5• ~ ~. ~ Transfer Tax -Q~ _
Affidavit • •- Mansion Tax _
overed b
thi
The
t
ort
a
e is
proper
y c
y
g
g
s m
~'f'~ COPY or will be improved by a one or two
NYS Surcharge I5. 00 family dwelling only.
Sub Taal YES or NO
Other Grand Total ~ QZ ~ n If NO, sec appropriate tax clause on
SJ, - page # of this insttument.
-2
Oa3.edS, OISS,QOlo
4 Dist.l pop 5eaion ~ 16.0o Block p Lot. 5 Commtsaity Preset;vatioa fitnd
Real Property ~~sg 1000 11500 0600 003005 ~~
Consideration Amount $
Tax Servtcc 1000 11500 0800 003006
P T S
Agency 1000 11500 0600 003007
RLpA A
CPF Tax Due S
Verification ~ gEp
Improved
/
Vacant Land
6 Satisfactions/Discharges/Rcleases List Property Owners Mailing Address
~ O
RECORD & RETURN TO: TD
TD
MICgIA11,~S1ER,6t1ADONiiEIBA,RC. TD
1x016 YA616tY10~ ~, A0I Ut0
W111RYCK, 6:V.1166t
7 Title Com an Information
Co. Name
Title #
This page forms part of the attached
Executor's Deed
(SPECII•Y'1'YPE OF INSTRUMENT)
Anne M. Elak, as Executor of the Estate of
John C. Elak a/k/a John Elak
TO
Anne M. Elak, John Elak, Jr
The premises herein is situttted in
SUFFOLK COUNTY, NEW YORK.
made by:
In the Township of Southold
In the VILLAGE:
8~ Roseanne eerezny, as tenants in common or HAMLET of c;utenogue
BOXES ti THRU R MUST BE TYPED OR PRINTf:D IN BLACK INK ONLY PRIOR Tn RECORDING OR FILING.
• (over)