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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:~ / OO~,OO/? 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 ".,.........- I ~ 14P ,()/p I ~_,I ,J. ,44-JiJC4._l~.5'.1 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 . 1.=: ~:SD..!i'h[)rn~ Court ""~, L8.urel """" 111948 IWaJIlL ........ No_ nll!!i~ ,- . Ni.colo -- DiBartolo ....,-,~ Carol1De S. 1'WI5f_ I.TM nkatD....Iuu'eTaIllI...l'IIlIDblMII I ... If 0IIlar Iha'l..,.,.,..... 1M bonom offomll . -- LJIIT_'COIHMlY ~_I""'" ~"''''-_lIl_r_ [JIVcn_ ".w ~"'" I'~I ... ..... 1...1 tonIr.....cI.~a.dl:...,....,er. 4A.P\,mk1gBon.....SuIxIvIIIonAultlorilyEllilll 0.918. .. SubdMllon AfIpIVVII- -....- bT...... . I tC. ...... Appr1MI:IIor SubdivWon willi MIp PrcwidId Nic:olo o o o 4. ...... the..... II A._It .... ,..... ........... on .. ...... II DfP...lll OR D Plrtof.P,,_1 .-.-." Ix I '~II DiBartolo ..- No- L"'"""",,!ICOMl'A/IlV f-.r~ DiBartolo UllTIloAM/C'DfIIWn' CaroliDe S. _f_ 11..,.........'T,.,.. .... 1 '" 1 '- 4 dK 106 .... '" <ow a.-... __.... _..., IIlfIIr: LOwnlIrsIllpTw-IsCondornlnlum ~ Communlly SIrvIoI .. N..-ConIl:ruc:don on y~ lMd J InclUltrilI 1OA.P\'QpIrIylnollldllllill:llin..AgrlcullunJ0IIIrIl:I Public SIrvIcI 1. Buyer I'ICIIIvlId .......1'I1'lOla i'lcicI*cI I. fOfWI IhaIltwpl1lpllltyilktlllAyriculul'lllDillrlet 11. CMIII.... __ at__...... _........ to~ (\ 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 F SllIIofFrecdonalor~d\lnFelI"'_lSPIdfvBlIowI G SIgnItIcent a.ng.ln Properly --. ,..bIe.... and SU 0... 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Ta: Map ~ , .....1dIIttIIIIrW . ___ thM.............. willi ..............wl L--lonn_l".OO-03.00-wi_ ly~ v.) OO(,.OO!) 1 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 (j""~- J 1 ~.ft ~-u~ '.A~ 'IM-",~ d 'A _~"'L ~"'" NEW YORK STATB COPY {06