HomeMy WebLinkAboutL 12388 P 158Full Covenam and Warnmty Deed
THIS INDENTURE, made this 6th day of May, 2005
BETWEEN EDWARD BIRDIE and CORINNE IL BIRDIE, residing at 30 Lake Avenue,
Tuckahoe., New York 10707
party of thc first part, and
EDWARD BIRDIE, trustee of the EDWARD BIRDIE TRUST DATED MAY 6,
2005 and CORINNE B. BIRDIE, trustee of the CORINNE IL BIRDIE TRUST DATED
MAY 6, 200S, residing at 30 Lake Avenue, Tuekahoe, New York 10707 to each an
undivided one-half interest ns tenants in common,
pa,-ty of the second pan
W1TNESSETH, that the party of the first part, in considerstion of one dollar, lawful
money of the United States, in hand paid by the party ofthe second part, does hereby grant and
release unto the party of the second pan, the heirs or successors and assigns ofthe party of the
second part forever,
SEE SCHEDULE "A" ANNEXED
Being and intended to he the same premises conveyed to the Grantors herein by deed dated
November 24, 1980 made by Rose C. La Manna and recorded in the Office of the Suffolk County
Clerk on December 19, 1980 in Liher 8932 page 305.
CERTIHCATE OFTRUSTANNEXED.
TOGETHER with all right, title and interest, if any, of the party oftbe 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 premiss.
TO HAVE AND TO HOLD, the premises herein granted unto the party of the second pmx, the
heirs or successors and assigns of the party ofthe second part forever.
AND the party of the first Pa~, in compliance with Section 13 of the Lien law, covenants that thc
party of the firat part will receive the consideration for this conveyance and will hold the right to
receive such consideration as a trust fund to be applied in-st for the purpose of Paying the costs 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 samc for any other purpose.
AND the Party of the first part covenants as follows:
FIRST.. That said pm'ty o f the first pm't is seized of the said premises in fee simple, and has
good right to convey the same;
SECOND. That the party of the second pan shall quietly enjoy the said premises;
THIRD. That the said premises are free from encumbrances, except as afore--said;
FOURTH. That the party ofthe first part will execute or procure any further necessary
assurance of the title to said premises;
FIFTH. That said party of the first part will forever warrant the title to said premises.
en~tled, '~ap o~ 5ecOno. ~.o, Gard~ner'. Bay Es~n~e~s~-~ua=e-~--E~
Lan8 Island", ~h~ch sa~d ~p ~as ~iled Lu ~he Of~ce o~ ~he Clerk o~ ~he County
of Suffolk on September 23, 1927 as Hap ~o. 275. Said lot and par~ of LoC vhen
~ken I:o~echer beLn~ more par~{cula~ly bounded and described as
B~GI~NG a~ a ~[n~ on ~he ~es~erly s~de of Parsons Boulevard dLsLan~ ves~erly
a~ northerly ~he follov[ng ~ (2) ~ie-l~ue courses a~ dis~ances from a
s[~uat~ a~ ~he extreme eae2ezly end of ~he arc of a curve connec~[~ ~he
side of Bay Vi~ Drive vL~h the easterly sLde of Parsons Boulevard: 1. Sou~h
89 ~esrees 38 m~nutes 00 seconds ~est, 76.23 feet; 2. North 5 de~rees 12 m[nu~es
[5 seconds ~es~, 112.89 feet to the point GE beB~nn{ng; RUNNING THENCE [rom lald
po[n~ of be~innlnS, North 76 de~rees ~7 mLuu~es 00 seconds ~est, L57.95 [ee~;
North Z[ degrees 35 m~nuCes 20 seconds ~ee~, 75.~6 EasE; ~NCE gou~h 83 de,tees
29 m[nu~es 20 seconds Eas~, 170.00 fee~ ~o uhe ves~erly sLde of Parsons Boulevard;
~CE southerly alo~ ~he ~es~er~y side GE Parsons ~u[evard on ~ ~[e llne course
and dls~ance of South 0 de~rees 00 mlnu~es ~0 seconds Zast, 90.76 Eee~ ~o
or place off BZGINNINC.
CERTIFICATE OF TRUST
The undersigned Gramor hereby certifins the following:
I. This Certificate of Trust relates to the CORINNE B. BIRDIE TRUST DATED MAY 6,
2005 {the "Trust') created by trust agreement (Ihe "']'rust Agreement").
The name of the Grantor is COR[NNE B BIRDIE
The name of the original trustee is CORINg'NE B. BIRDIE. This authority is provided bv the following provision in the
Declaration of'Trust: hereby destgnate mr-self as thc primary tn:alee of this trust. I may exercise dominion and control
m.'er any and all of ~he trust assets."
The name and nddre,,ts of ench trustee empowered to act under the Trust Agreement at the time of the execution ofthts
Certifinate of'Trust are:
Primary:
SuccessoE
AhcrnatcSaccessor:
CORINNE B. BIRDIE
30 Lake Avenue
Tuckahon. New York 10707
EDWARD BIRDIE
30 Lake Avenue
Tuckahna, New York I0707
JANET M. PRATO
Second Ahemate Successor: EDWARD J. BIRDIE and ClIARLES V. BIRDIE
Authority ofnaceessor trustee is provided by thc following provisions in Ihe Declaration of Trust: "1 designate EDWARD
BIRDIE u thc successor tr,,...stee of this tm, st. My successor austec is to assume the duties as tsustee hereunder upon my
resignation, death, or disappearance, or if I nm certified in writing to be inconlpetent as provided under/u'tiele Five of this
Declaration of Trust. Except aa otherwise specilied within the provisioo$ of this Declaration of Tru.% in the event of my
inenmpe~ncy, my naeeer, aor trustee is to use the income and a~ets of this trust for my health, education, support, and
maintenance and the health, education, support, and maintenance of my spoar, e and if my spouse predeceases me. to my
henefieiarins as set forth in ruy plan of distribution. If EDWARD BIRDIE is unable or unwilling te act as successor traslee. I
appoznt JANET M. PRATO as successor trustee to serve with all rights and responsibilities given to th~ original successor
trostee. If JANET M. PRATO is unable or unvdlling to act ns successor rm.,tree. I appaint EDWARD J. BIRDIE and
CHARLES V. BIRDIE ns ¢o-sm.'cessor Irustens to serve with all fiE, his and respomthilitie$ given Ko the original successor
trusl, ee. If a co-suuces~r trustee is unable or unwilling to ;mt. the remaining sucenssor trustee(s) shall sep,'e with all rights and
responsibilities originally giv~ to all co-sucensnar trustees."
The tsustee(s) are authoriznd by the Trust Agreement to sell, convey, pledge, mortgage, [ease, manage, operate, control.
transfer title, divide, convert, or allot the trust property, including real and personal pruperty including but not limited to
securities of all kinds, and to sell upon deferred payments, except as limited by the following {if none. so indicate); NONE
The unde~igned hereby represents that the statements contained in this Certificate of Trust are true and correct, and that there
are no other provisions in the Trust Agreemanl or amendments to it that limil the powers of the 'l'ruatec to sell, conYey.
The word "party" shall be construed as if'it read "p~ties" whenever the sense of this indenture so
rcquires.
IN WITNESS WHEREOF, thc parly o£the first i=ert has duly executed this deed the day and
year first above written.
EDWARD BIRDIE
CORINNE B. BIRDIE
ACKNOWLEDGMENT
STATE OF NEW YORK
COUNTY OF ROCKLAND
)
)
)
On the 6th day of May, 2005 before me, the undersigned, a Notary Public in and for said State,
personally appeared EDWARD BIRDIE and CORINNE IL BIRDIE, personally known to me
or proved to me on the basis o£satisfactory evidence to be the individuals whose names are
subscribed to the within insmanent and acknowledged to me that they executed the same in their
own capacity, and that by their signatures on the instrument, the individuals, or the person upon
behalf of which the individuals acted, executed the instrument.
S. Martin Gordon, Notary Public
Rockland County, New York
My Commission expires 1/31/2006
Remm by Mail to:
S. Martin Gordon
222 Route 59, Suite 110
Suffem, NY 10901
RECORDING INFORMATION
Section 37
BloCk 1
Lot 17.1 Town of Southoid
Suffolk Counly
CERTIFICATE OF TREST
The undersigned Grantor hereby certifies the tbllowing:
1. This Certificate of Trust relates to the EDWARD BIRDIF. TRUST DATED MAY 6.
2005 (the "Trust") created by trust usreemem (th,: "Trust Agreement').
2. The name of the Grantor is EDWARD BIRDIE.
The nam~ of ~he original trustee is EDWARD BIRDIE. This authority is provided by the following provision in the
D~clm'~tion o£ Trust: hereby designate myr.~lf as the primary u'uste~ of ~us trust. I may excreise dominion and control
over any and ~11 of the trust assets.'
The name and add~s of each trustee empowered to act under tl~ Trust Agreement at the time of the execution of this
Certificate of Frost are:
pmnary:
EDW.MU) BIRDIE
30 L~ke Avenu~
Tuckahoe. New York 10707
CORINNE B. BIRDIE
30 Lake Avenue
Tuckahon. New York 10707
JANET hi. PRATO
Second Ahematc Successor:
EDWARD J. BIRDIE and CHARLES V. BIRDIE
Authority of successor trustee is provided by the foiler, inn pmvisioas in the Dcclararion of Trust: "l designate CORINNE B.
BIRDIE as the suoceasor trustee of this trUSL bly soceessor trustes is to ~sum~ the duties as trustee hereunder upon my
resignation, death, or disappearance, or if'I am certified in v,~ting to be incompetent as provided under Article Five of this
Declnralion of Trmt. Except as otherwi.m specified within the provi.~ion$ of this Declm'adon of Trust, in the evant ormv
incompetency, my successor trustee Ls to use the income and a.~set~ of this tn~t for my health, education, support, nncl '
maintenance and the health, education, support, and maint~a,.ance of my spotl~e and i£ my spouse predeeeasns me. to my
beneficiaries as sut forth in my plan of distribution. If CORINNE B. BIRDIE is unable or unwilling to act as successor
trustee, I appoint JANET M. PRATO as successor trustee to sen.e with all rights and responsibditie$ given to th~ original
successor trustee. IfJANE'F hi, ' ' '
PRATO ts unable or unmlhng to act as successor tn~tee, I appoint EDWARD J. BIRDIE
and CllARLES V. BIRDIE a.~ co-successor tmstee.~ to serve with all rights and responsibilities given to the original successor
trustee. Ifa co-successor trustee is unable or unwilling to act. the remaining succe~asor trustee(s} shall serve with all rights and
responsibilities originally given to all no-succassor traslees,"
The trustee{s} are authorized by the Tm.~t Agreement to sell, convey, pledge, mortgage, lease, manage, operate, control.
u~ms fer lille, divide, convert, or allot the trust pmpet~y, including real and personal property including but not limited to
securities of all kinds, and to sell upon deferred payments, except ns limited by the following (il'none, so indicate}: NONE
The undersigned hareby represents that the statements eoatainad in this Certificate of Trust are true and correct, and that there
are no other provisions in the Trust Agreemeot or amendments to it that limit the powers of the Trustee to sell. conve~d.
The word "pray" shall be construed as if it read "parties" whenever the sense o£this indenture so
n-quires.
IN WITNESS WHEREOF, thc party o£the first part has duly executed this deed the day and
ycar firs~ above wriUcn.
EDWARD BIRDIE
CORINNE B. BIRDIE
ACKNOWLEDGMENT
STATE OF NEW YORK
COUNTY OF ROCKLAND
)
) ss:
)
On the 6th day of May, 2005 before me, the undersigned, a Notary Public in and for said State,
personally appeared EDWARD BIRDIE and CORINNE IL BIRDIE, personally imown to me
or proved to mc on the basis of satisfitctory evidence to be the individuals whose names are
subscribed m the within insmunent and acknowledged lo mc that they executed the same in their
own capacity, and that by their signatures on the instrument, the individ~s, or the person upon
behalf of which the individuals acted, executed the instrument.
S. Martin Gordo~ Notary Public
Rockland County, New York
My Commission expires 1131/2006
Return by Mail to:
S. Martin Gordon
222 Route 59, Suite 110
Suffem, NY 10901
RECORDING INFORMATION
Section 37
BloCk 1
Lot 17.1 Townof Southoid
Suffolk County
Page 2. Ccnificat, e ofT. rust
pledge, mortgaBe, lease, manage, operate, control, u'ansfer tille, divide. ,,:om'crt. allot, or ..Jell upon dcfer~d la.vmeea tn.~t
property, including real and personal pn:~pcrty including but eot limited to securities of all kinds.
This u'ust has not been revoked, modified, or ame:nded in ashy manner which would eau. so the: represcmatiom in this
cenitleatian of uust to be incorrect. This certificate: oftrust is being silgn~l by all currendy acting trustees oflhe trusl.
EDWARD BIRDIE
STATE OF NEW YORK
COUNTY OF ROCIO..AND
On May 6, 2005 before me. ~he above named, EDWARD BIRDIE. personally nppenred, personally known to mc or proved to mc on
the basis o f ~tisfactor~/evidence to be the individual whose name is subscrlb~l to the within imtmmeut ned acknow~dged to me thnt
hc executed thc same in his ctq~t:it~, and diet by his stBnature on the instrument, the individual, or the person upon behalf of which
individual acted, executed thc instrument.
S, Martin Gordon, #02GO4649520, Notary
Public
Ro~klnnd Co~mty, New York
My Commission 1/31/2006
This iastmment xws drafted by
S. Mtu'lin Gordon, Attomey-aI-Lnw
222 Rome 59. Suite 110, Suffem, New York 10901
Number of pages
TORRENS
Serial #
Certificate #
Prior Cfi. #
Deed / Morlgage in.~tmment
.Pag~ L Filing Fee ,
H~dling 5~ (~)
· rP-~ ~ __
No~Qon
R.P.T.S.A.
Comm. o[ F~.
Cenificd Copy
NYS Su~h~c
Real Property
Tax Service
Agency
Verification
RECOC~ED
2005 k 19 02.'33:40
Eduard P.Romaine
~EPJ( OF
SUFFOLK COi.KT','
L (X)O0123G8
* '",. P 15B
DI# 04--4150~
Deed I Mortgage Tax Stamp
FEES
Grand T~,al
Is? /
05018680 zooo o3voo ozoo o~?ooz
F2DTY A)
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & Re. TURN TO:
S. MARTIN GORDON
ATfORNEY AT LAW
222 ROUTE 59. SUITE 110
Recording I Filing Stamps
Mortgage Ami.
1. Basic Tax
2. Additional Tax
Sub To~al
SpecYAssit.
or
Spec./Add.
TOT. MTG. TAX
Dual Tnwn Dual Count~
Held k~r Appoinmme~t.~
Tram~fcr Tax
Mansion Tax
The properly covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
.If NO, ~e appropriate tax clause on
page # of this instrument.
O~~
~unt $
Improved
Vacant Land
TD
TD
TD
SUFFERN. NEWYORK 10~01 · i i .
{ ? [ T~fle Company Information
Suffolk County Recording & Endorsement Page
This ~ge form.s pa, of the attached ~.-~L[71~. p~ __ made by:
(SPECIFY TYPE OF INSTRUMENT)
The peemiscs herein is situated in
SUFFOLK COUNTY, NEW YORK.
_F~_¢~_. _ ¢~,~,e '-r~.~ ~.~ ,.'" 'he Tow'"" °',be ~,L~O~
BOXES 6 THRU 8 MOST BE ~P~ OR PRIN~D ~ B~CK'INK ONLY PRIOR TO ~G OR "LING.
(over)
SUFFOLK COU1~TY CLERK
RECORDS OFFICE
RECORDING PAGE
Type o£ Znetn~ent: DEEDS/DDD
ReceLpt ~,--~er : 05-0054364
TRANSFER TRX NUMBER: 04-41505
g£etrlct:
1000
Deed~mount:
Recorded:
At:
LIBER:
PAGE:
sect~on~ Blockl
037.00 01.00
EXAM~D AND CHARG~-n ~1FOLLOW~
$0.00
05/19/2005
02933~40 PN
D00012388
158
Lot=
017. 001
Received ~ Foll~ing Fees For ~ve Instrument
P&ge/Filing $24.00 NO Handling
COR $5.00 NO NY~ ~RCHG
E~-CTY $5.00 NO ~-BT&TE
?P-584 $5.00 NO Cerk.Coptes
RPT $30.00 NO SCTM
Tranefer ~ $0.00 NO C~,Pre~
Fees P~td
TRANBFER TAX NUMBER~ 04=41505
THIS PAGE KS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
$5.00
$15.00
$75.00
$0.00
$0.00
$0.00
$164.00
Exempt
NO
NO
NO
NO
NO
NO
Edward P.Romaine
Coun~y Clerk, Suffolk County
· ' PLEASE TYPE OR pREss FIRMLY WHE~ WF~mNG O-N-FbRM
INSTRUCTIONS: hEp'J/www.orl:~.state.ny.us or PHONE (5181 473-7222
P-s--v I _lxl I0.1 . . .',~. / I
I
· , .... E),O,OI
(Full P~I~ Pdm I~ Pm tot~ Jmoum ~ far tim prol~Y Ired u~m0 I~mo~ll property,
None
J A~'-t:~bMENT INFORMATION - Data ~hould reflect the limit Final A~e~imnnt Roll and Tax Bill
liLVeJ'otmRolilrom 0 ~
v, Neh IMQm,~,doa t~mn 17. 'TMd AM, a~.d Valee Id ~ pa~dB In bamlml I
I I [ ]
J I.~,, II'.t,ATION J
I NEW YORK STATE
COPY