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HomeMy WebLinkAboutL 12463 P 173 C!,((_,.),L/ '. CONSULT YOUR LAWYER BEFORE SIGNING tHIS INSTRUMENT.THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY !HIS INDENTURE, made the I'Z. ~ day of July, two thousand six, BETWEEN DAVID R. WILMERDING, JR., 1215 Denbigh Lane, Radnor, Pennsylvania 19087, party of the first part, and DAVID R. WILMERD1NG, 11I,2518 Caves Road, Owings Mills, Maryland 21117, CHARlES T. WILMERDING, 201 Radnor Chester Road. Villanova, Pennsylvania 19085, AMY W. MANNY, Millbrook School, (no #) School Road, Millbrook, New York 12545. and J. CHRISTOPHER WILMERDING, 43 School Street. Dedham, Massachusetts 02026, as equal tenants in common, party of the second part, WITNESSETH, that the party of the first part, in consideration of zero and 00I1OQ--($0.OO)--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, an undivided one-half (112) interest in and to ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York. being more particularly bounded and described on Schedule A hereto. BEING AND INTENDED TO BE a portion of the same premises conveyed to the party of the first part by deed, dated July 29, 1987 and recorded in the Office of the Suffolk County Clerk on October 1,1987 in Liber 10435 page 32 t. SUBJECT TO Declaration of Reciprocal Covenants and Rights of First Refusal, dated July 29, 1987 and recorded in the Office of the Suffolk County Clerk on August 13, 1987 In Liber 10391 page 494. Upon the execution and delivery of this deed. lhe party of the first part will hold an undivided one-half (Yo) interest in the subject premises in tenancy in common with the party of the second part, with each party of the second part holding 'an undivided one-eighth (1/8) Interest in tenancy in common with each other and with the party of the first part. 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 Ihe 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 wrillen. IN PRESENCE OF tJ~ t2,W~,-" David R. Wilmerding, Jr. / Standard N.V.B.T.U. Form 8002 - Bargein III1d Sale Deed. with Covenant eveinat Gr8ntar's Aclls - Uniform Ackno'Nl.dgment SCHEDULE A to Deed Party of the First Part: David R. Wilmerding. Jr. Party of the Second Part: David R. Wilmerding. III. Charles T. Wilmerding, Amy W. Manny and J. Christopher Wilmerding Deed Dated: July 12. ,2006 ALL that certain tract or parcel of land. with the buildings and improvements thereon, located at Fishers Island, Town of Southold, Suffolk County, State of New York, being bounded and described as follows: BEGINNING at a monument on the northeasterly line of a right of way' (Common Driveway) at the dividing line between the herein described parcel and land to be conveyed to Harold P. Wilmerding, said monument being located 1862.60 feet North of a point which is 5244.97 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station .PROS.; and RUNNING THENCE North 83 degrees 48 minutes 03 seconds East, :220.62 feetto a point; THENCE North 4 degrees 34 minutes 29 seconds East, 116.14 feel to the shore of Little Hay Harbor: THENCE following the meanders of said shoreline on the following three (3) courses and distances: (1) North 23 degrees 36 minutes 00 seconds Wesl, 217.00 feet; (2) North 36 degrees 38 minutes 00 seconds West, 82.70 feet: and (3) North 01 degrees 16 minutes 00 seconds Wesl, 33.15 feet: THENCE South 60 degrees 51 minutes 55 seconds West, 189.22 feet: THENCE South 30 degrees 06 minutes 37 seconds West, 122.43 feet to a monument on the easterly side of the turnaround at the northwesterly end of the aforementioned right-of- way: THENCE southwardly along said turnaround following the arc of a curve to the right having a radius of 50.00 feet and the direction of whose radius at that point is South 53 degrees 18 minutes 29 seconds West for a distance of 74.97 feet to a point of curve to the left having a radius of 20.00 feet and the direction of whose radius at that point is South 40 degrees 47 minutes 14 seconds East: THENCE along the aforementioned right-of-way following the arc of said curve for a distance of 29.99 feet; THENCE South 36 degrees 41 minutes 31 seconds East, 82.58 feet along said right-of- way to a point of curve to the right having a radius of 144.86 feet and the direction of whose radius at that point is South 53 degrees 18 minutes 29 seconds West; THENCE southeastwardly along said right-of-way following the arc of said curve for a distance of 50.00 feet to the point of BEGINNING. Containing 2.26 acres, more or less. TOGETHER WITH all right, title and interest of the party of the first part in and to land under the waters of Little Hay Harbor in front of and adjoining the above-described parcel of land. TOGETHER WITH a right of way for purposes of ingress and egress over a COITVTIOn Driveway'more particularly described in Exhibit G attached to a certain Declaration of Reciprocal Covenants and Rights of First Refusal dated July 29, 1987, which was recorded simultaneously with the deed to the party of the first part, dated July 29, 1987 (which said deed was recorded October 1, 1987 in L1ber 10435 page 321), to the hereinafter mentioned 35 foot right-of-way leading to Equestrian Avenue. TOGETHER WITH an easement and right-of-way, for purposes of ingress and egress, thirty-five (35) feet in width running northwesterly from the northwesterly end of Equestrian Avenue to the right-of-way (Common Driveway) on property now or formerly of Wilmer ding, the center line of said right-of-way being described as follows: BEGINNING at a point at the center line of the northwesterly end of Equestrian Avenue, said point being located 1041.23 feet North of a point which is 4644.88 feet West of a monument marking the United States Coast and Geodetic Triangulation Station "PROS"; and RUNNING THENCE North 30 degrees 42 minutes 00 seconds West, 289.80 feet to a point; THENCE North 46 degrees 53 minutes 00 seconds West, 118.53 feet to a point; THENCE North 75 degrees 05 minutes 00 seconds West, 131.18 feet to a point; THENCE North 73 degrees 44 minutes 00 seconds West, 141.72 feet to said property now or formerly of Wilmerding, along with the benefits and subject to the burdens of a certain "Agreement re Private Road or Right of Way", dated March 11, 1971, by and among Frances B. Rauch, Barbara Pratt Wilmerding and John C. Evans. i '" TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of sa.: State of New York, Counly o,f D.: On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the baais of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within inslrument and acknowledged to me thai helshellhey executed the same in hlslherltheir capacity(ies). and thai by his/herltheir slgnature(s) on the Instrument, the individual(s). or the person upon behalf of which the individuals acted, executed the instrument. 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 lhe individual(s) whose Nime(s) is (are) subsaibed to the wilhln instrument and acknowledged 10 me that helshelthey executed the same in his/herllheir capacity(ies), end that by hislherltheir signature(s) on the instrument, the individuates), or lhe person upon behalf of which the individuals acted, execuled the instrument. Notary Public (signature and office of individual taking acknowledgment) Notary Pubiic (signature and office of I'ndivldualtaking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE Commonwealth of Pennsylvania ss.: County of Montgomery Title No. On the J )" day of July in the year 2000 before me, the undersigned, personally appeared David R Wllmerdlng, Jr. personally known to me or proved to ma on the basis of satisfactory evldance to be the individual whose name is subscribed to the within Instrument and acknowledged to me thai he exewled the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of wl]ich the Individual acted, executed the instrument. and thai such individual made such appearance before the undersigned in the L,o..-e- I'll ~/7.. II _ ~in the Co~ of Pennsylvanla. (insertlheCIIY~~) &~~C (signature and office of individual laking acknowladgmant) My Commission Expires On; .1frP n / dlj7 .~ ;)-ed 'f EALTH OF PENNl!VlVANIA' . --.llaaI . T.... R. T.... NoISlY P\dC ~-,.....~..,~ Yyc...... '.ElII*8II\p'.2II,aDllII ....., ""'..~~ ".w...c-t of NotIdM DISTRICT 1000 SECTION 009.00 BLOCK 09.00 LOT 003.004 COUNTY OR TOWN STREET ADDRESS DAVID R. WILJ.tERlllNG, JR SUFFOLK - SOUTHOLD (no #) rlotw olf Equestrian Avenue Fishers Island. NY 06390 BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS TO DAVID R WILMERDING, III, CHARU:S T. WLMERIlING, PNIY W. MANNY ad J. CHRISTOPHER WILMERDING RETURN BY MAIL TO: STANllNIll Faw OF NEW VORK IlONlD OF nILE UNDERWRIlBlS DIstrIlKJtIodby RESERVE nns SPACE FOR USE OF RECORDlNO OFFICE I[!J Numb~r of p~ges TORRENS 5 RECORDED 2006 Rug 07 03:44:07 PM Judit~ R. Pascale CLERK OF SUFFOLK COUNTY L D00012463 P 173 DTlI 06-00803 Serial # Cenilkale # Prior Ctf. # Deed I Monga!;e Instrument Deed I Mongage Tax Slamp Recording I Filing Stamps 3 FE!;S P~ge I Filing "e~ Handling ~ Notation 6--- :;;.--- '}!:J __ <.~ _C!:) Suo Tolal J? Mongag~ AmI. I. Basi~ Tax 2. Additional Tax Sub TOtal Sp~jAssit. or TP-584 ___~ _ 00 -- ___6... __ EA-52 17 (Cuunty) EA-5217 (State) -Comm. of Ed. 5. (I() S~~. IAdd. TOT. MTG. TAX Dual Town Dual C,'unty Held li,r Appointment_ ~'" Transfer Tax fO _ '" Mansion Tax R.P.T.S.A. Aflidavil Ceni lied Copy Reg. Copy Other /5" ,,- Sub TOlal-!j:25 -.56 Gmnd Total ---.!.. The plllpeny ""ve~d by this mong:lge is or wiil be improved oy a one or two family dwelling only. YES or NO If No'. SC~ appropriate tax c1aus~ on Page II uf Ihis insln;lI,llenl. /_ 7'/i;I .tJep 4 09.00 Block 003.004 Lot S Community PreservatioD Fund Real Po>pcny Tax Servi~e Agency Verilication 1000 00900 0900 003004 Consideration Amount $ -0- CPF Tax Due s -0- Improved 6 Salisfa~tions/DischargesJReleases Ust Propeny Owners Mailing Address RECORD & RETLRN TO: --0 -- V,canl Land TO ID STEPHEN L. HAM, III, ESQ. MATTHEWS & HAM 38 NUGENT STREET SOUTHAMPTON. NY 11968 TO 'I'D 7 Title Com an Information Co.Nam~ Title # 8 Suffolk Count Recordin & Endorsement Pa e This page forms pan of the attached Deed (SPECIFY TYPE OF INSTRUMENT) malle by: DAVID R. WILHERDING, JR. The premises herein is situated in Sl,;FFOLK COUNTY. NEW YORK. TO In the Township of _----AOUTHOLD DAVID R. WILMERDING, III, CHARLES T. WILMERDINGln the VILLAGE .MrLW. MANNY and J. CHRISTOPHER WILHERDING orl-IAMLETnf BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. FISHERS ISLAND (nver) II1111111111111111111111111111111111111111111111111111I 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Xnstrument. DEEDS/DDD Number of Pages: 5 Receipt Number : 06-0076444 TRANSFER TAX NUMBER: 06-00803 Rec:orded: At: 08/07/2006 03.44.07 PM LIBER: PAGE: D00012463 173 District. 1000 Section: 009.00 EXAMINED AND $0.00 Block: 09.00 CHARGED AS Lot: 003.004 FOLLOWS Deed Amount. Received the Following Fees For Page/Filing COE EA-CTY TP-584 RPT Transfer tax $15.00 $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 C01IDII.Pres Fees Paid $5.00 $15.00 $75.00 $0.00 $0.00 $0.00 $155.00 Exempt NO NO NO NO NO NO TRANSFER TAX NUMBER. 06-00803 THIS PAGE XS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk C:ounty PLEASE TYPE OR PRESS FIRML V WHEN WRITING ON FORM INSTRUCTIONS: http://www.orps.state.ny.usorPHONE (518) 473-7222 FOR COUNT)' USE ONL V Cl. SWlS Code LJ. 7. 3. g: 1.11 g, 7 ,t1t:?1 Monclt o.y V..r I. tf. t..!, ~, .3lu Pege' I ,7,0, Jit REAL PROPERTY TRANSFER REPORT C2. DM. DHd Recorded STATE OF NEW 'lORK STATE SOAIID OF IllEAL PIIOI'ER1Y SERIllCES C3. IIooIc 1 RP - 5217 RP..,I!t7 .nJ/lfJ PROPERTY INFORMATION "-"1 (no II) loc.uon IfllltU NUWlER Southold CTTYDRJOWN r/o/w off EquBStrian Avenue SIKUIIUM[ Fishers Island 06390 2. B.... I Wilmerding I Nom. LA5'n~~:~ ~~MMHV 0 3. T.. Indicate where future Tax Bill... to be ICIll Billng if other than buVer .ddr_ 1M bottom of Iorml I -- .1: CI')(I~ ( V1LLAClf ZIP.... Charles T. and others ~11;c\ MSTNAME (2. wr NAME lCOWPANV ~ I flHI r NAME '",,"I NUMIWI AND S1nll!ET HAMil! c:rrt 011 TOWN aT~n ~'CCCl< ..DMd Property Si.z. fRON'TFEEl Ixl ...... lOR I .2 . 2. 61 .CIOtS 10nIy" .... cd . ....... a.ock ..111.._: 4A. Pllnninl1 Bo.rd wi1h Subdivision Authority' b.ias 0 48. SubdMlion Approvai 'MIS R~uircd fo, Tr.nsf.. 0 C. Plrul ApprcNlld for Subdivision with MIll Provided 0 .. Indk:M, thl n~r of Au.smant Roll puc.. tr.n.r.n.d on the dad L , of Parcell OR 0 Pert of. Parcel &. Sell_ N.ma Wilmerding lAS11l1Mi'E J COM"ANY David R.. Jr. r..sr.....E ~T fMM I COMpANY nllSTHIlrMt: L ..... , Do. I y.., Qleclo 1Ilo...... ...... _ ..... _ .. Ow....hip Typo ta Condominium I ~ Community ServiGe I. New CDrilltIuction on Vaclnt I..IncI J IndUltrial 1GA. Properly Located within In Agricultural. Di.riel K Public Service 1D8. Buyer received a diac:losul'8 nOlO Indil:1IIinu L Foresl Itw1 the IlroPl'rty ill in an Agricultural DiltriCl 15. a..ac on. or I'IION of 'lit... condit.. II "llpIIcabIe to VIMfa; A X Sale Betwnn ReI.ti..,.. or Fonnur Rellllives R Sale Between Ralaled Companies Of' Plnncn in Businou C One of the Bu.,... !II alm a Seller D Buyor or SoUor is Gov.rMl.nt Agency or lIInding lnllitutlon I! Ond Type nut Warranty Of 8argein and Sale tSpecify BctIolN) I-" X SlI. of ftecdof1ll1 or Leu than Foa Intorest (Specify Below) G Signifant Chlnge In Property Between TUllbIe Status and Silo De' H Sal, 01 BUlin... ;18 Included In Silo Price I Other UnUlueI Factors Affecting Sole Price ISpecify Below) J Nono gift of one-half interest o o o o 7. Ch_1l the box Wow which mom accurately dacribn the u.. of tha praperty .r the time of ..I.: A ~ One Femilv Rnidential R 2 or 3 Family Fluidemill C Ruidemjal Vltllnl unci D Non-R.lidanlial Va"nt1.8nd I SALE INFORMAnON I ". SaI. Conued o.e E ~ AGricultur.1 F Commercial G Apartment H Enttrtainmena' Amllleffilnl 12. Caw of Sa'" Trln.tar 07 , I z,. I 06 011.,. Vear ...... 13. FuU SaIl PrIc. , ,,0 . 0 , 0 I , , . . IFull Sale Price il the 10101 Imaunl paid for lhe propeny including palsonl' property. This peyment rNIy be in u. fann of calh. other IIfaperty af goodI. or the IUlmpllon cl mortgag.. Of Olher obligations.) PIeu.1OUItd to lh."..,., whoM dol,., MJOUnt. '..........111.......,_1 1 ,0 .,0.0 I property IncIudad In the .... . ASSESSMENT INFORMAnON . O.tl should refloC!'he I.,e" Rnl. Atsessmen. Roll .nd T.x BlII 16. V.. of .a-nwn'l RoD from I 0 6 I 17. Total A....-d V.....1of all ~I. In tr....... I which Informallon uk.tn '. , , 1 8 .8 .0 .0 , 18. Prot*tY CI... L 2, 1 . 0 I-U 18. School _ N.... I Fishers Island 20. Tax Map ..,.....1.11 Rollldentifitri,J II more than four. .n:ach IhMt wit. .ddItIOMIIdentiflerI.n 1000-009.00-09.00-003.004 I I CEFI1lACATION l I cortify IIuIt aU or .... I...... of iDI'.......... .......... an this rima "'" ..... aod _ I'" .... ..... oflDY k_1fd&e .... bolJor}.... I ..-01 Ihot th. lIIIIl<Inc or lU1)' _tldooo .........,. 01.......... ..... herrin wiD IIIIbjec\ d ,. ... .....1ooIono 01.... .....1.... _.. '" Iho _lIJlIIIlIlIlIna or,.... '- !!Ill!! BUYER'S ATTORNEY ~~ (''1fm'lfr'r, Wllmerd~ 201 Radnor Chester 107/'..../06 OAT! Ham ........... Stephen L.. 111 IfoIRlTNA*. Road (631) 283-2400 lf1'I'HrNLlMII.III nNlT NAMli WT[II5H.[1 . _<<>Of 'ELUHOHl NUlIIIlE.III Villanova PA 19085 c:rn()Kl'OIoVN SIAn ""CODE !!lli!.!! NEW YORK STATE COpy .,~RW~,. L.~'ta"'it':"hlmerding. Jr. 07/ 12./06 OA'"