HomeMy WebLinkAboutL 12446 P 351
i~
- Bargain and Sale Deed, with Covenant against Grnator's Acts -lndividual or Corporation (Single Sheet)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT
SHOULD BE USED BY LAWYERS ONLY.
THIS INDENTURE, made the
Nf'J./dayof
April, in the year 2006
BETWEEN
NICOLO DI BARTOLO AND CAROLINE S. DI BARTOLO
475 CONDOR COURT, LAUREL NY 11948
party of the first part, and
NICOLO DI BARTOLO AND CAROLINE S. DI BARTOLO
475 CONDOR COURT, LAUREL NY 11948
party of the second part,
WITNESSETH, that the party of the first part, in consideration of
dollars
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 LEGAL DESCRIPTION AND SCHEDULES "A" AND "B" ANNEXED HERETO.
SUBJECT TO NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVAITON ("NYSDEC") COVENANT FILED IN DEED DATED 11/8/04 AND
RECORDED IN LIBER 12425 AT PAGE 494 IN THE OFFICE OF THE SUFFOLK COUNTY
CLERK
DISTRICT: 1000
SECTION: 127.00
BLOCK: oz;ijd'
~,Q0
LOT:~
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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"
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:
~'~d- / J-"
~--
NICOLO Dl BARTOLO
~,fil..vr">.-J, ~' /)0'"" ?;;.n
,
CAROLINE S. Dl BARTOLO
"
LEGAL DESCRIPTION
Dist: 1000
Sec. 127.00 Block: If.oo
Lot: Pa_l rl.l:Il~
PARCEL I (Conveved Parcel)
/'
DD~ID()b
Being and intended to be part of the same premises conveyed to Grantor by deed from
Eleanor Oiachun and Rose Oiachun dated April 25, 1994 and recorded on May 18, 1994
in the Otlice of the Suffolk County Clerk, and designated as former Suffolk County Tax
Map No, 1000-127-2-6.1 as recognized and accepted by the Town of Southold on May
28, 1969 as an improved lot 200 feet by 200 feet (totaling 40,000 square feet) in size
consisting of .918 acres as more fully described in Schedule "A" annexed hereto.
PARCEL II (Retained Parcel)
Grantor hereby retains all right, title and interest in and to Parcel II (Retained Parcel) as
described herein, being and intended to be part of the same premises conveyed to Grantor
by deed from Eleanor Diachun and Rose Oiachun dated April 25, 1994 and recorded on
May 18,1994 at Liber 11677 at Page 427 in the Office of the Suffolk County Clerk and
designated as former Suffolk County Tax Map No.1 000-127 -2-6.2 as recognized and
accepted by the Town of Southold on May 28, 1969 as a vacant lot consisting of 16.892
acres as more fully described in Schedule "8" annexed hereto.
DiBartolo Legal Description
Dsd/4/03
,~
SCHEDULE "A" DESCRIPTION (Parcel I)
ALL that certain plot, piece or parcel ofland with the buildings and improvements
thereon erected, situate, lying and being at Laurel, Town of Southold, County of Suffolk
and State of New York, being bounded and described as follows:
BEGINNING at a point which marks the division line between land now or formally of
Half Hollow Nursery Corp. (formally Rasweiler) at the northeast comer of premises
described herein, said pint being distant the following four (4) courses and distances from
a monument set in the southerly side of lands now or formally of Long Island Railroad
Company where the same is intersected by the Northwest comer oflands now or fonnally
Half Hollow Nursery Corp. (formally Rasweiler):
I. South 37 degrees 34 minutes 20 seconds East 263.31 feet to a concrete monument;
2. North 61 degrees 17 minutes 00 seconds East 95.05 feet to a concrete monument;
3. South 29 degrees 19 minutes 40 seconds East 517.90 feet to a concrete monument;
4. South 17 degrees 48 minutes 40 seconds East 380.64 feet to the true point or place of
Beginning,
RUNNING THENCE from said Point and Place of Beginning, still along the division
line between land now or fonnally of Half Hollow Nursery Corp. (formally Rasweiler)
South 17 degrees 48 minutes 40 seconds East 200 feet;
RUNNING THENCE South 72 degrees II minutes and 20 seconds West along the
lands now or formally of Nicolo and Caroline DiBartolo 200.00 feet;
THENCE North 17 degrees 48 minutes 40 seconds West along the lands now or
fonnally of Nicolo and Caroline DiBartolo 200 feet;
THENCE North 17 degrees II minutes 20 seconds East along the lands now or formally
of Nicolo and Caroline DiBartolo 200 feet to the land now or formally of Half Hollow
Nursery Corp. (formally Rasweiler) to the true point and place of BEGINNING.
Together with a non-exclusive easement of right-of-way for the purpose of ingress and
egress to and from Condor Court to the premises described herein. Said easement of
right-ot~way is shown as a proposed gravel roadway on a certain map entitled "Map of
Property Surveyed for Nicolo and Caroline S. DiBartolo at Laurel, Suffolk County, NY".
Surveyed on March 28, 1994 and last amended April 12, 1994 by Roderick Van Tuyl,
P.C.
.r
SCHEDULE "B" DESCRIPTION (Parcel II)
ALL that certain plot, piece or parcel of land with the buildings and improvements
thereon erected, situate, lying and being at Laurel, Town of Southold, County of Suffolk
and State of New York, being bounded and described as follows:
BEGINNING at a concrete monument set in the Northeasterly comer of the premises to
be described herein, said point also being dividing line of the Northwesterly comer of the
land now or formerly of Rasweiler, the Northeasterly comer of the premises to be
described herein, and the land of the Long Island Railroad Company;
RUNNING THENCE along the land now or formerly of Rasweiler, the following four
(4) courses and distances:
1. South 37 degrees 34 minutes 20 seconds East 263.31 feet to a concrete monument;
2. North 61 degrees 17 minutes 00 seconds East 95.05 feet to a concrete monument;
3. South 29 degrees 19 minutes 40 seconds East 517.90 feet to a concrete monument;
4. South 17 degrees 48 minutes 40 seconds East 380.64 feet to the land now or fonnerly
of DiBartolo
THENCE North 72 degrees II minutes 20 seconds East along the land now or fonnally
of Nicolo and Caroline DiBartolo 200.00 feet;
THENCE North 17 degrees 48 minutes 40 seconds West along the land now formally of
Nicolo and Caroline DiBartolo 200.00 feet;
THENCE South 72 degrees 11 minutes 20 seconds West along the land now or formally
of Nicolo lmd Caroline DiBartolo 200.00 feet to the land now or formally of Rasweiler;
THENCE South 17 degrees 48 minutes 40 seconds East 160.00 feet to the land now or
formally ofT. Diachun;
THENCE South 60 degrees 01 minute 20 seconds West along the land now or formerly
ofT. Diachun and the Northerly lot line of Lot 7 as shown on a certain map entitled,
"Map of Golden View Estates", as filed in the Office of the Clerk of the County of
Suffolk as Map Number 7770, 420.26 feet to a concrete monument and the Easterly line
of Lot Number 8 on the aforesaid map;
THENCE North 31 degrees 54 minutes 30 seconds West along the said Easterly line of
Lot Number 8 and the Easterly side of a recharge basin as shown on the said "Map of
Golden View Estates" 173.70 feet;
./
THENCE North 12 degrees 30 minutes 30 seconds West still along the Easterly side of
said recharge basin 138.69 feet to a concrete monument;
THENCE North 63 degrees 58 minutes 20 seconds West along the Northeasterly side of
said recharge basin and the Northeasterly side of Condor Court as both are shown on the
said "Map of Golden View Estates", 208.05 feet to a concrete monument and the Easterly
side of Lot 15 on the aforesaid map;
THENCE North 44 degrees 34 minutes 10 seconds West along the said Easterly side of
Lot 15 and the Easterly side ofa "Park and Recreation Area" as shown on the said "Map
of Golden View Estates" 213.35 feet to a concrete monument and the Southeasterly side
of said "Park and Recreation Area";
THENCE North 3 degrees 29 minutes 10 seconds East along the said Southeasterly side
of the said "Park and Recreation Area" 356.56 feet to a concrete monument and the land
now or formerly of K. Leeds;
THENCE North 34 degrees 09 minutes 50 seconds West along the land now or formerly
of K. Leeds 424.26 feet to the land of the Long Island Railroad Company and the
Northeasterly comer of the premises described herein;
THENCE North 46 degrees 43 minutes 10 seconds East along the land of Long Island
Railroad Company 432.59 feet to the point or place of BEGINNING.
TOGETHER WITH the benefits and SUBJECT TO the burden of a certain right of
way to Main Road being bounded and described as follows:
BEGINNING at a point on the Southerly side of Main Road, said point bearing South 47
degrees 23 minutes 00 seconds West 7.03 feet from a concrete monument set in the said
Southerly side of Main Road marking the Northeasterly comer of the land now or
formerly of Qualls and the Northwesterly comer ofland now or formerly Sawicki; said
monument also being 2,077 feet, more or less, Easterly from the Easterly side of Laurel
Lane;
RUNNING THENCE South 20 degrees 17 minutes 30 seconds East, through the land
now or fonnerly Qualls 112.72 feet;
THENCE South 22 degrees 06 minutes 30 seconds East, still through land now or
fonnerly of Qualls and the land now or formerly of McCarthy 205.04 feet to the Easterly
side ofland now or formerly of McCarthy and the Westerly line ofland now or formerly
of Sawicki;
THENCE South 20 degrees 17 minutes 30 seconds East along the said land now or
formerly of McCarthy and the land now or formerly of Sawicki 758.88 feet to the
Southerly line ofland of the Long Island Railroad Company and the Northerly line of
land now or formerly of Rasweiler;
J'
THENCE South 46 degrees 43 minutes 10 seconds West along the said land of the Long
Island Railroad Company and land now or formerly of Rasweiler 8.66 feet to the extreme
Northerly end of an arc of a curve;
THENCE Southerly, Southwesterly and Westerly along the arc of said curve bearing to
the right, being sub tended by a chord bearing South 26 degrees 58 minutes 50 seconds
West a chord length 01'23.69 feet, said curve having a radius 01'35.07 feet, a length of
24.17 feet;
THENCE South 46 degrees 43 minutes 10 seconds West, through the Northerly side of
land now or formerly of Rasweiler 428.92 feet to the land now or formerly of Rasweiler
and the Easterly side ofland now or formerly of Diachun.
THENCE North 37 degrees 34 minutes 20 seconds West along the said land now or
formerly of Rasweiler and land now or formerly of Diachun 8.04 feet to the Southerly
line of land of the Long Island Railroad Company;
THENCE North 46 degrees 43 minutes 10 seconds East along the said land of the Long
Island Railroad Company 428. 12 feet to the extreme Westerly end of an arc of a curve;
THENCE Easterly, Northeasterly and Northerly along the arc of said curve, bearing to
the left, being subtended by a chord length 01'29.89 feet; said curve having a radius of
27.07 feet, a length of 3 1.66 feet;
THENCE North 20 degrees 17 minutes 30 seconds West through the lands of the Long
Island Railroad Company and now or formerly of McCarthy 746.05 feet;
THENCE South 69 degrees 42 minutes 20 seconds West still through the land now or
formerly of McCarthy 2.0 feet;
THENCE North 21 degrees 33 minutes 00 seconds West through the land now or
formerly of McCarthy and the land now or formerly of Qualls 205.0 feet;
THENCE North 20 degrees 17 minutes 30 seconds West still through the land now or
formerly of Qualls 108.0 feet to the Southerly side of Main (State) Road;
THENCE North 47 degrees 23 minutes 00 seconds East along the Southerly side of
Main (State) Road 12.97 feet to the point or place of BEGINNING.
..
ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE
State of New York, County of Sv~/C.
,5$:
ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE
Suffolk State of New Yark, County of
,55:
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A, PASCALE, Clerk of the County of Suffolk and
:;xoe~rt ;~~;o~~~~::~~~', ~~, ~~~,i~~ ,t~a~,~ ,~~~e. c~~:;~~~ED
in my office. .1/go/aft..... ......... ......., and, that the same is a true
copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed
the seal of said County and Court this .......... ........................ ......
CLERK. Q-u.. a./t;!,~ .12... 4- e ~ n. /
SS.:
\
L
vn ltJe
Ucty Ul
III ~llC YC<11
before me, the undersigned, a Notary Public in and for said State,
personally appeared
, the
subscribing witness to the foregoing instrument, with whom I am
personally acquainted, who, being by me duly sworn, did depose and
say that he/she/they reside(s) in
(if the place of residence is in a city, include the street and street
number if any, thereof); that he/she/they know(s)
to be the individual described in and who executed the foregoing
instrument; that said subscribing witness was present and saw said
execute the same; and that said witness at the same time subscribed
his/her/their name(s) as a witness thereto
Bargain and Sale Deed with
Covenant against Grantors Acts
NICOLO DI BARTOLO AND
CAROLINE S. DI BARTOLO
TO
NICOLO DI BARTOLO AND
CAROLINE S. DI BARTOLO
Title No.
I-
fil[
/1
UtNt;,
35{
County)
On the day of in the year
, before me the undersigned personally appeared
Personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to
the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), that by his/her/their
signature(s) on the instrument, the individual(s) or the person upon
behalf of which the individual(s) acted, executed the instrument, and
that such individual make such appearance before the undersigned in
the
(add the city or political subdivision and the state or country or other
place the acknowledgement was taken).
SECTION
BLOCK
LOT
COUNTY OR TOWN SOUTHOLD, SUFFOLK
RETURN BY MAIL TO:
DAVID S. DESMOND, ESQ.
VAN NOSTRAND & MARTIN
53 BROADWAY - BOX 307
AMITYVILLE NY 11701
1111111111111111111111111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 8
Receipt Number : 06-0039974
TRANSFER TAX NUMBER: 05-35533
Recorded:
At:
04/20/2006
01:17:00 PM
LIBER:
PAGE:
000012446
351
District:
1000
Section:
127.00
EXAMINED AND
$0.00
Block:
03.00
CHARGED AS
Lot:
006.005
FOLLOWS
Deed Amount:
Received the Following Fees For
Page/Filing
COE
EA-CTY
TP-584
RPT
Transfer tax
$24.00
$5.00
$5.00
$5.00
$30.00
$0.00
Above Instrument
Exempt
NO
NO
NO
NO
NO
NO
Handling
NYS SRCHG
EA-STATE
Cert.Copies
SCTM
COIml\.Pres
Fees Paid
$5.00
$15.00
$75.00
$5.20
$0.00
$0.00
$169.20
Exempt
NO
NO
NO
NO
NO
NO
TRANSFER TAX NUMBER: 05-35533
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
! J7- 3 -Cr-
, .r
Number of pages ~
TORRENS
Serial #
Certificate #
Prior Ctf. #
Deed / Mortgage Instrument
3
Page / Filing Fee
Handling
5. 00
~~=
TP-584
Notation ~
EA-52 17 (County) ~_ _
EA-5217 (State) ~ _
R.P.T.S.A. ~
Comm. of Ed.
5. 00
Affidavit
Cce~
NYS Surcharge
e:,~
15. 00
Other
4 Dist!OOO
UJw
Deed / Mortgage Tax Stamp
FEES
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Sub Total
Sub Total
/&q.~O &
Grand Total
1000 12700 0300 006005
Real Property
Tax Service
Agency
Verification
RECOPDE[:,
2006 HDt- :20 ':11: 17: 00 pn
Judi th H, P.35C3le
CLEPt::. OF
'SUFFOLK COUi"4T\'
i~ D00012446
r-, ...<::;"
,... _.:'__'1
[:<T# 05-35533
Recording / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec.! Assit.
or
Spec. /Add.
TOT. MTG. TAX
Dual Town _ Dual County
Held for Appointment
Transfer Tax
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~i. in ~ e t.
s-. 5 Community Preservation Fund
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
lJ /fV/ I) P 6~ 11 D I/D
VII1/ }/OG71J...Pr1J,I) ~ n Vr1?-;J-ni
f) 5 0/4) ItC> W'ft{
RM , r~ V'/I/l,-B, }/\/ 1\10 \
Suffolk Count Recordin
This page forms part of the attached ]) ( t:10 .
tJ'1 e.O L-O D; B.4-R..-:n:n.<) ~ (SPECIFY TYPE OF INSTRUMENT)
C4-teo "-I .AII'!: .5: 1>.' RA7e::rlJi.A1 The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
~/
8
Consideration Amount $
e $
Improved
Vacant Land
TO /U
.
TD
TD
7
Information
& Endor ernent Pa e
TO
Ai I C-IJ '-0 J) " 13uu- i-o /7)
CIJ.-R/J LI AI~ /),' 8~fl
In the Township of
In the VILLAGE
or HAMLET of
made by:
~ ~.,/:...
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
FOR COUNTY USE ONLY
PLEAsE lYPEOR PRESS FIRMLY WHEN WRITING-ON FORM
INSTRUC'TlONS: http://www.orp...,,,,,,.ny.us or PHONE 15181 473-7222
~ ,1 ,.2, '6.<6,91
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PROPERTY INFORMATION
C1. 8WIS Code
*
REAL PROPERTY TRANSFER REPORT
8TA'TS OF NEW YORK
STAll! IK)ARD OF REAL PIW3PEW1'Y IElMCH
RP - 5217
.1'<<I1'''.wr1
.
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L8.urel
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--
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(\ SllII...... ~ or r:om- RelIItiwa
B SIIIlt Balween RallIed Compllnlw or Plr1neIS In BuIi,*-
C an. of_ auy.n II.IID. Sell.-
D 8uyeI-or s.o... II GovIImment Aganl.y or Lending InIti'MIon
~ 0eMI'~ not WMInly or &.rgIln IIld SIll ISpKIIV BeIowl
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7. a-Jr1lle ball........... _ --..., ~ 1M _ fIItM praperty.. 1Iw1lnw..1IIe:.
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I SALE INFORMATION I
tt..... c-.tnct o.te
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H EmwlllnmMIt I Amusement
11. FuI........ , -~- ~ 0 . It I
lFull SllePriolillhll'lltll.mauntpMdklrt/leplall8l1y 11lCludInI~1 property.
Thi.~!MY bI in1bl r.Jrm ofc*1l, DlMr pI'CIpDI1y orllClOCh. Ill'" eN auumptlon of
martgIQ06orOlhllrobliglti-.I"""J'ClCllWlrolfll~~dGllMamcHIfIt
14......................... I .0.0 I
"....,........... 1M.... .
ASSESSMENT lNFORMAnON . om. should reflect IhIIllItHt AINII "--"'ent Roll .nd T.x Bill
1I.y......~....IraIIIIO .~J 17.T............V....I.............~1 .
.....w.~..... ~ . ,
11.Prapartyc.. I ~.-.-~lI.u-I~__1 12 fV\~
.. Ta: Map ~ , .....1dIIttIIIIrW . ___ thM.............. willi ..............wl
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I CEflTlRCAT10N I
I cwII'y hi. 01 dIa ___ of......... IIIlend _.... tar. ~ nr'" anwt ct. Ihr '-... my......... ad WIn"'" I -*"IanII .... tile........
?;r-7ft~.--.~_.~---==.._- ....
"f~ '~,~" 106 DO".:'=, Da.:;~.
Nic:olo D1 Bartolo
475 Condor Court
631
264-0303
.~--
~1'i_W'W1111U..&1
--
TtU_"_1l
Laurel
NY:'
11948
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'IM-",~ d 'A _~"'L
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NEW YORK STATB
COPY
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