HomeMy WebLinkAboutL 12335 P 295
L ()'~3 <;-
P ,f-q5'
I CXXJ- 36';)-~ 1- d-)
.
,
Bargain and Sale Deed, with Cove~ant Grantor's Acts-Individual or Corporation. (single sheet)
CONSULT YOUR LAWYER BEFORE SIGNING nus INSTRUMEl'IT . TlUS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
THIS INDENTURE, made thO day of January, 2004.
BE1WEEN
GERARD A. BOENING and JOAN E. BOENING, his wife, both residing at 212 Sandpiper Lane, West Babylon, New York
party of the first part, and
JOAN BOENING, as Trustee of the JOAN BOENING REVOCABLE TRUST u/a dated December 30, 2003.
party of the second part.
WITNESSETH, that the party of the first part. in consideration ofTEN ($10.00) DOLLARS 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.
SEE ATTACHED SCHEDULE "A",
Being the same premises conveyed to the Grantors by Deed dated October 22, 1985 and recorded in the Suffolk County
Clerks Office aD November 7, 1985 in Libel' 9910 at page 84.
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 pan covenants that the pany of the first pan has not done or suffered anything whereby the said
premises have been encumbered in any way whatever, except as aforesaid.
ANI) the party of the first pan, in compliance with Section 13 of the Lien Law, covenants that the pany 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 wm 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 "panies" whenever the sense of this indenture so requires.
IN 'VITNESS WHEREOF, the party of the first pan has duly executed this deed the day and year first above written.
IN PRESENCE OF,
9~of2~~~
STATE OF NEW YORK, COUNTY OF SUFFOLK
ss:
On the 5' day of January in the year 2004. before me,
the undersigned personally appeared GERARD A. BOENING
and, his wife, 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.
, .
STATE OF NEW YORK, COUNTY OF
ss:
On the day of in the year 2004. before me,
the undersigned personally appeared personally
known to me or proved 1O me on the basis of satisfactory
evidence lo be the individual whose name is subscribed to the
within instrument and acknowJedged 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.
",/J , ~ NEIL B. FANG
,Utvr 8 Y Public, State of Newy~pTARY PUBLIC
NOTARY PUBLIC o. 02FA5033855, Naasau County
Commission Expires Sept. 28 "z=(,
!!TATE OF NEW YORK, COUNTY OF ss:
STATE OF NEW YORK, COUNTY OF SUFFOLK 5S:
On the 5 day of January, in the year 2004, before me,
the undersigned personally appeared JOAN E. BOENING
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.
~~
NOTARY PUBLIC
NEIL B. FANG
Notary Public, State of New York
No. 02FA5033855, Nassau County
Commission Expires Sept. 26, ~
BARGAIN AND SALE DEED
WITH COVENANT AGAINST GRANTORS ACTS
TITLE NO.50S S 629
GERARD A. BOENING and JOAN E. BOENING
TO
JOAN BOENING. as Trustee of the JOAN BOENING
REVOCABLE TRUST
On the day nf in Ute year 2004, before me,
the undersigned personally appeared 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 sbe executed the same in her capacity, and that by her
signature on the instrument, the individual, or the person upon
bebalf of which the individual acted, executed the instrument.
NOTARY PUBLIC
SECTION: 038.02
BLOCK: I
LOT: 25
COUNTY OR TOWN: Suffolk County
TAX BILLING ADDRESS:
RETURN BY MAIL TO:
SCHWARTZ & FANG, P.C.
3000 MARCUS A VENUE, SUITE 2Wl
LAKE SUCCESS, NEW YORK
Zip No.1l042
.
SCHEDULE A
The Unit Known as Unit No.2 F I (hereinafter called "the Unit") in the
Declaration establishing Cleaves Point Village Condominium (hereinafter called the "Property")
made by the Grantor under the Condominium Act of the State of New York (Article 9-B of the
Real Property Law of the State of New York), dated April 24, 1983, recorded in the Office of the
Clerk of Suffolk County, Division of Land Records on the 6th day of May, 1983, in Liber 9354,
at Page 235, which said Declaration was thereafter amended under date of July 27, 1983, said
Amendment havin~ been recorded in the Office of the Clerk of Suffolk County, Division ofLand
Records, on the 28 day of July, 1983 in Liber 9395, at Page 61, (hereinafter called "the
Declaration"), and designated also as Lot No. 25, District 1000, Section 38.02, Block I on the
Tax Map of the Town of South old and on the floor plans ("the Floor Plans") of the Building,
certified by Kontokosta Associates Engineers and Architect, filed in the said Clerk's Office on
the 6th day of May, 1983 as Map No. 86. The Building is shown on a site plan as filed in the said
Clerk's Office as Map No. 86. The Building and the land on which it is located are hereinafter
referred to as the "Property"
follows:
The Land on which the Building containing the Unit is located is described as
PARCEL I:
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 County of Suffolk bounded and
described as follows:
BEGINNING at a point on the Southwesterly side of Shipyard Lane distant 2808.97 feet
Southerly from the comer formed by the intersection of the Southerly side of Main Road (N.Y.S.
Route 25) with the Southwesterly side of Shipyard Lane;
THENCE South 35 degrees 41 minutes 30 seconds East along the Southwesterly side of
Shipyard Lane 405 feet to the ordinary high water line of Gardiners Bay;
THENCE along the ordinary high water line of Gar diners Bay the following two tie line courses
and distances;
1. South 37 degrees 28 minutes 00 seconds West, 346.66 feet;
2. North 88 degrees 33 minutes 40 seconds West, 201.57 feet to other land this day
conveyed to Emanuel Kontokosts;
THENCE North II degrees 49 minutes 30 seconds East along the last mentioned land 570 feet;
THENCE North 55 degrees 16 minutes 00 seconds East still along the last mentioned land 72.17
feet to the Southwesterly side of Shipyard Lane at the point or place of BEGINNING.
V:\LEGAL\REAl EST A TE\DEED\Boening.Deed.Sehedule- A.doc
..
SAlD PREMISES are known as 2820 Shipyard Lane, Unit 2 F I.
PARCEL II
ALL that certain plot, piece or parcel of land, with the buildings thereon erected, situate, lying
and being in the Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
BEGINNING at a point on the southwesterly side of Shipyard Lane distant 2508.97 feet
southerly from the comer fonned by the intersection of the southerly side of Main Road (N.Y.S.
Route 25) with the southwesterly side of Shipyard Lane;
THENCE south 35 degrees 41 minutes 30 seconds East along the southwesterly side of Shipyard
Lane 300 feet to other land this day conveyed to Emanuel Kontokosts;
THENCE South 55 degrees 16 minutes 00 seconds West along the last mentioned land 72.17
feet;
THENCE South II degrees 49 minutes 30 seconds West along the last mentioned land 570 feet
to the ordinary high water line of Gardiners Bay;
THENCE along the ordinary high water line of Gardiners Bay along a tie line bearing of North
69 degrees 06 minutes 30 seconds west, 367.59 feet to land conveyed to Parkside Heights Co.;
THENCE North 11 degrees 49 minutes 30 seconds that along the last mentioned land 565 feet;
THENCE North 55 degrees 16 minutes 00 seconds East still along the last mentioned land
278.84 feet to the Southwesterly side of Shipyard Lane at the point or place of BEGINNING.
TOGETHER with an undivided. 752 percent interest appurtenant to the Unit in the common
elements of the Property (hereinafter called the "common elements");
TOGETHER with and SUBJECT to all easements of necessity in favor of the Unit or in favor of
other units or the common elements;
SUBJECT also to an easement in favor of the other units to use the pipes, wires, ducts, conduits,
cables, utility lines, vent ducts, pipe shafts, chutes, shafts, flues and other common elements
located in the Unit or elsewhere on the Property and Serving such other units;
SUBJECT also to the provisions of the Declaration and of the By-Laws of the Condominium
recorded simultaneously with and as part of the Declaration, as the same may be amended from
time to time by instruments recorded in the Office of the Clerk of Suffolk County, which
provisions, together with any amendments thereto, shall constitute covenants running with the
land and shall bind any person having at any time any interest or estate in the Unit as though
such provisions were recited and stipulated at length herein;
V:\LEGAL\REAL EST A TE\DEED\Boening.Deed.Schedule A.doc
~ . . ,~
SUBJECT also to easement in favor of the commercial unit having sole access to land as a
limited common element for the exclusive use of the commercial unit which shall extend 100
feet north, west and south of the commercial unit;
SUBJECT also to rights of other unit owners through the common elements to the public streets;
TOGETHER with all right, title and interest, ifany, of the party of the first part of, 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.
**CONTINUED**
SUBJECT also to an easement for ingress and egress in favor of the commercial unit 24 feet
wide extending from the commercial unit limited common element westward to the west
boundary line of the land for the purpose of providing access to adjacent property to the west.
SUBJECT also to an easement 24 feet wide for ingress and egress in favor of the owner of the
adjacent land to the west, extending from the easterly boundary line of said adjacent land, along
the access road in front of the commercial unit then to, over and along the main access road of
the Condominium north to Shipyard Lane.
SUBJECT to reciprocal easements of egress and ingress in favor of the Condominium unit
owners, members of their family, lessees, assignees and designees and in favor of the owner or
owners, members of their family, lessees, assignees and designees of the adjacent land to the
west of the Condominium Property for the purpose of permitting access to and from the
commercial unit and a marina or other commercial facilities to be constructed on the adjacent
land to the w
est which reciprocal easement will permit the use of access roads in front of the commercial unit
to and from Shipyard Lane which easements shall become effective if, as and when a marina or
other commercial facilities are constructed on the said adjacent land.
SUBJECT to a 15 feet wide easement of ingress and egress in favor of the commercial unit
extending from the easement providing ingress and egress to Shipyard Lane from and to the land
to the West of the condominium land, south along the west property line of the condominium to
east Gardiner's Bay and then east approximately 93 feet along Gardiner's Bay.
SUBJECT also to easements in favor of any unit to which a patio or deck is appurtenant for the
exclusive use of such patio or deck.
TO HAVE AND TO HOLD the same unto the Grantee, the heirs or successors and assigns of the
Grantee, forever.
V:\LEGAL\REAL EST A TE\DEED\Boeniny.Decd.Sehedule A.doc
W2
Number of pages
TORRENS
RECORDED
2004 Roo 05 03:18:14 RM
Edward P.Romaine
CLERI< OF
SUFFOLK COUHT\'
L 000012335
p 2~5
on 04-00685
Serial #
Certificate #
Prior Ctf. #
Deed I Mortgage Instrument
Deed I Mortgage Tax Stamp
FEES
Recording I Filing Stamps
3
Page I Filing Fee
Handling
5. 00
Mortgage Amt.
I. Basic Tax
2. Additional Tax
Sub Total
Spec./ Assit.
or
TP-584
Notation
EA-52 17 (County)__ _
EA-5217 (State)
Sub Total
Comm. of Ed.
5. 00
Spec./Add.
TOT. MTG. TAX
Dual Town _ Dual County
Held for Appointment /
Transfer Tax I 7
Mansion Tax
R.P.T.S.A.
~-
Affidavit
Certified Copy
Reg_ Copy
Other
covered by this mortgage is
or will improved by a one or two
family welling only.
Y S or NO
Sub Total
Grand Total
)<'33
. see appropriate tax clause on
of is instrument.
- <..
4
Block Of- ()l)
Real
Property
Tax Service
Agency
Verification
04017314 1000 03802 0100 025000
~~
\i~)
CPF Tax
6
SatisfaClions/DischargeslReleases List Property Owners Mailing Address
RECORD & RETURN TO:
ScJ..'oNG..K+~ +- ~"\ ' ()..c .
"3000 'l/lA.rJ-J'rCAAS A-v~",~-S"':;\~':).."-l\
/..tJ\'f.-e. s.."'.Gc<-~S/ ~~ \l<:o'-\.<...-
IH-+r\. tJiJ. f::,'~1 EO- 7
Vacant Land
TO
TO
.Ie)
TO
~ .
J\ _ ~-e. v-. \" 'f\ ~ +-
Bo-e.",-,,,,-~
TO
.ex, -e. '^-- \; If'-.:J
/.
Recordin & Endorsement Pa
v_o~
(SPECIFY TYPE OF INSTRUMENT)
Suffolk Count
8
@
e
This page forms part of the auached
made by:
Jj~ X'D... Ie J..
-cT;:)o.."" f
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
::S--o 0,......
In the Township of
In the. VILLAGE
-=::0 \A. Ro \ cL
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR ALlNG.
(over)
1111111111111111111111111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 6
Receipt Number : 04-0086655
TRANSFER TAX NUMBER: 04-00685
Recorded:
At:
08/05/2004
08:18:14 AM
LIBER:
PAGE:
D00012335
295
District:
1000
Section:
038.02
EXAMINED AND
$0.00
Block:
01. 00
CHARGED AS
Lot:
025.000
FOLLOWS
Deed Amount:
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $18.00 NO Handling $5.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
EA-CTY $5.00 NO EA-STATE $50.00 NO
TP-584 $5.00 NO Cert.Copies $0.00 NO
RPT $30.00 NO SCTM $0.00 NO
Transfer tax $0.00 NO Comm.Pres $0.00 NO
Fees Paid $133.00
TRANSFER TAX NUMBER: 04-00685
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
FOR COUNTY USE ONLY
C1. SWIS Code
,/,7,5, ?,,<;? ''11
0>3
Montn
C2. Date Deed Recorded
0>)
Do,
0'/1
Ye8r
ca, Book 1/:;>'" ?, j', )11:4, P.9. I
PROPERTY INFORMATION
.,;( ,'751
1. ~~~::~ I
8-g~o
I Sh'f~rd.
5T ET 1,
Mc;....r .'e.....
La,.,-€..
STREET NUMBER
E"'~1-
CITY OR TOWN
2. Buyer
Name
Bfle.."",%
LASTNAMEICOM~ANY J
Ir.oS-\-<<.e
L-
LAST NAME I COM~"'NY
3. Tall
Billing
Add,ess
lndicatewhe-re future Tal(Bills are to be sent
if other than buyer address (al bottom of form) I
LASTNAME!COMPANY
L-
STREET NUM8ER AND STIlEET NAME
*
VllLAc;E
-:::::s-oa.........
FIRST NAME
FIRST NAME
II #ofParcels OR D Part ofa Parcel
CITY OR TOWN
4. Indicate the number of Ass.ssment I
Roll parcels transferred on~the deed
CG1'\<lve:,\.t~+
5. Deed
Property 1 X 1
Sile FI'lO..TfEH
lOR I
DE PHI
6. Seller
NamD
R()~r':' "3
lAST NAME ICOMPANY
8 0 p " , '"'.:9
LASTNAMEICOM~ANY
ACRES
.
(.;.... r-o...-6
FlfllSTNAME
7. Check the box below which most aecurately describes the use of the property at the tlma of .ala:
~oo..."....,
FlfllSTNAME
A~OneFamiIYR\lSidentiaj
B 20r3FamilyResidential
C Residential Vacant Land
D Non-Residental Vacant Land
E~A9'i,""'''' I~
F Commercial J
G Apanment K
H Entertainmanl! Amuaement L
I SALE INFORMATION I
11. 5ele Contract DlIte
01 IS' I ..2c~i I
Month Day Year
01 I S I~o'tl
Month 0" Yell'
12. Datil of SelaI Transfer
Community Service
Industrial
Public Service
Forest
REAL PROPERTY TRANSFER REPORT
STATE OF NEW YORK
STATE BOARD OF REAL PROPERTY SERVICES
RP - 5217
Rr-~!I' Re~ 7I'JS
.-L,_,~
ZIPCOOE
FIRST NAME
STATE
Z1PCOoe
15. Check ona or more of these conditions IS applicable to transfer:
A Sale Between Relatives or Former Relatives
B Sale Between Related Companies or Partners in B....siness
C One of the Buyers is also II Seller
D Buyer or Seller is Government Agency or Lending Institution
E Deed Typo not Warranty or Bargain and Sale (Specity Below)
F Sale of Fractional or less than Fee Interest (Specify Below)
G Significant Change in Property Between Taxable Status and Sale Dates
H SaiD of Business is Included in Sale Price
I Other Unusual Factors Affecting Sale Price (Specify Below)
J NonD
13. Full Sale Price I (), 0 0 I
, , .
(Full Sale Price is the total amOlJnl paid for the property including personal property.
This payment may be in tho form of cash, other property Dr goods, or the assumption 01
mortgages or other ol:ll;gations.) Please round /0 the nearest whole dollar amount.
14. Indicate the value of personal () 0 0 I
p~p'o1y '"du'.' '" tho ..,.; ,'~.
ASSESSMENT INFORMATION. Data should reflect the latest Final Assessment Roll and Tax BlII
16. Ye8fof Assessment Roll from I 0 :>117.
which information taken
(Only if Part of a Parcell Ched!: 8S they epply:
4A. Planning Board with Subdivision Authority Exists 0
48. SubdJv's,on Approval was Required for Transfer D
4C. Parcel Approved for Subdivision with Map Provjded D
,4.
E.
Check the bolles below as they apply
8. Ownership Type is Condominium
9. Now Construction on Vacant land
10A. ProplHty Located within an Agricultural District
lOB. Buyer '!lceiveda disclosure noticetnd<cating
that the property is in an Agricultural District
D
D
D
D
?:-q q, OJ
,
18. Property Class
~-LJ
19. School Dl$lrict Name I
Total Assel5Sed Villua lof i111 pafcels in transfer) I .
, ,
~ LI13 ';?D ').---'F('j~~
-,
, /
20. Tax Map ldentifierls)I Rollldantlfiar(t) lit more than four, attach theet with additional identifierlsll
Vi s;T-' 10CC
~e.e+,..... :'8' 0;;<'. tic, 1<.1 Lo-t;1.5
I ..I
."h
! I /
, ,
~
L
I CERTIFICATION
I certif)' that all of the iteOlS of infomlation entered on this form are lroe and correct (to the best of my knowledge and belief) and I understand that the making
of an,. willful false statement of material fact herein "ill subject me to the pro\uions of the peIUlllaw relative to the making and filing of fld~ imltrnrnents.
BUYER
/
,
1\
\OJ.b)~<<C?
101/':; fZoo"
,,~
;n~o
STRHTNUMBfR
;Si.;,o)iMd LA~~
'ST ETNAMfIAFTERSAL.f1
E..".t- MAr;o',
C1T~ORTOWN
1 AI 'I
ST.TE
ZIf"COOE
~ _ S~~/j-U-<"j
fir$! I /"II Is- /;u,/:)~
",.,,, tJ ""
~"3
LAST NAME
S'lh
AREAOODE
BUVER'S AnORNEV
Neil
FIASTNAME
{; d-O --'il4a..3
TElEPHONE NUMaEfll
NEW YORK STATE
COPY