Loading...
HomeMy WebLinkAboutL 11974 P 307 I Harm 8007" 3-90 SM—Bargain and Sale Deed,with Covenant against Creature Acte—Individual or Corporation. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. N.Y.S. Real Estat Transfer Tax THIS INDENTURE, made the 7th day of June nineteen hundred and ninety-.reline $1 , 140 . 00 BETWEEN RUTH M. LESSARD, (residing at 1800 Westphalia Road, Mattituck, New York 11952 LiiCo4 party of the first part, and RICHARD J. HART and CATHERINE V. HART, his wife, residing at 67 Derby Place, Smithtown, New York 11787 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100----------- ------------------------ ($10 . 00) ----------------------------- dollars, lawful money of the United States, 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 secpnd part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingin7he—at Mattituck, Town of Southold, Suffolk County, New York, being more particularly described in Schedule A which is attached hereto. f TAX MAP DC9GNATION D 1. 1000 114 . 00 07 . 00 1A+'1_ 012 . 001 Page 2 of 6 SCHEDULE A i ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows : y1' BEGINNING at a point on the northerly side of Westphalia Road where same is intersected by the division line of the southwesterly side of land now or formerly of Ruth M. Lessard; thence along said division line North 380 53 ' 10" East 258 . 58 feet to the true point or place of beginning; thence from said true point or place of beginning North 490 26 ' 10" West 124 . 99 feet to land now or formerly of Stewart; thence along said land now or formerly of Stewart North 400 33 ' 50" East 398 . 06 feet to the high water line of Mattituck Creek; thence along the high water line of Mattituck Creek the following two (2) courses and distances : (1) South 280 55 ' 25" East 81 . 00 feet; (2) South 50° 35 ' 23 " East 110 . 64 feet to land now or formerly of Schlegel; thence along said land of Schlegel South 340 07 ' 40" West 329 . 08 feet to land now or formerly of Ruth M. Lessard first above mentioned; thence along said land of Ruth M. Lessard the following two (2) courses and distances : (1) North 55° 52 ' 20" West 100 . 00 feet; (2) South 380 53 ' 10" West 33 . 70 feet to the true point or place of BEGINNING. TOGETHER WITH a right-of-way and perpetual easement for purposes of ingress and egress from Westphalia Road to the above-described premises along, the southerly 25 feet of land of Monica S . Lessard and James P. Lessard which right-of-way is more particularly bounded and described as follows : BEGINNING at a point on the northerly side of Westphalia Road and the southeasterly corner of land of Monica S . Lessard and James P. Lessard, which point is distant 128 . 12 feet from a monument at the southeasterly corner of land of Ruth M. Lessard and the southwesterly corner of land of Leonard Schlegel; running thence from said point of beginning along the northerly side of Westphalia Road and land of Monica S. Lessard and James P . Lessard the following four (4) courses and distances : (1) North 700 00 ' 00" West 26 .42 feet; (2) .Ndrth 380 53 ' 10" East 267 . 86 feet; (3) South 490 26 ' 10" East 25 . 01 feet; and (4) South 380 53 ' 10" West 258 . 58 feet to the northerly side of Westphalia Road and the point or place of BEGINNING. This right-of-way or easement is for the purpose of permitting ingress and egress for persons and motor vehicles over the common driveway that now exists and Richard J. Hart and Catherine V. Hart, their heirs, successors and assigns hereby covenant and agree to pay one-third of the costs of maintenance and repair of the common driveway on the condition Ruth M. Lessard, her heirs, successors and assigns who owns adjacent property (SCTM #1000-114-7-12 . 3) pays one-third, and Monica S . Lessard and James P . Lessard, their heirs, successors and assigns who own adjacent property (SCTM #1000-114-7-12 . 2) pay the other one-third of the said costs of repair and maintenance and provided that any such repairs and maintenance are reasonably necessary for the continued use of the common driveway. SUBJECT TO AND RESERVING TO Ruth M. Lessard, her successors and assigns, who owns adjacent property (SCTM #1000-114-7-12 . 3) and Monica S . Lessard and James P. Lessard, their successors and assigns, who own adjacent property (SCTM #1000-114-7-12 . 2) a right-of-way and perpetual easement consisting of a strip of land six (6) feet in width through and over a portion of the premises Page 3 of 6 about to be conveyed herein for the purpose of foot passage to • and from Ruth M. Lessard' s premises and premises of Monica S . Lessard and James P. Lessard to the high water line of Mattituck Creek which right-of-way and easement is more particularly bounded and described as follows : BEGINNING at a point which is the southwesterly corner of the premises about to be conveyed, which said point is distant 309 . 0 feet from a monument on the northerly side of Westphalia Road at the southwesterly corner of land of Monica S . Lessard and James P. Lessard and the southeasterly corner of land of Richard Schenone and Kathleen Schenone; running thence from said point of beginning along land of Robert Stewart North 400 33 ' 50" East 398 . 06 feet to the high water line of Mattituck Creek; thence along the high water line of Mattituck Creek South 280 55 ' 25" East 6 . 0 feet ; running thence South 40° 33 ' 50" West 392 . 06 feet; running thence South 490 26 ' 10" East 118 . 99 feet to other land of Ruth M. Lessard; running thence along said last mentioned land South 380 53 ' 10" West 6 . 0 feet to land of Monica S . Lessard and James P. Lessard; running thence along said last mentioned land North 490 26 ' 10" West 124 . 99 feet to land of Robert Stewart and the point or place of BEGINNING. BEING AND INTENDED TO BE a portion of the property devised to the party of the first part pursuant to paragraph FOURTH of the Last Will and Testament of Ruth L. W. Satterly who died on October 16 , 1947 . Said Last Will and Testament was admitted to probate in Surrogate' s Court of Suffolk County on October 29, 1947 and said Will is recorded in Liber 147 of Wills Page 429 . f Page 4 of 6 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 arty of the first part has not done or suffered anything whereby the said premises have been incumbered 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 consid- eration 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: G Ruth M. Lessard Page 5 of 6 IL1- 3CO6��.��;,,ee 11974H3 7 _ RECEIVED nuc® Number of pages 'f --� -_, FiL-",nL I. °I; t 99 JUL TORRENS - S QN serial# JUL 081999 EDI! $ Gr UFF Certificate # A.X ta1Jt^7"i7L.it - 4904" Prior Ctf. it Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps q 1 FEES Page/Filing Fee Mortgage Amt Handling 1. Basic Tax TP-584 lam/ 2.Additional Tax J Notation Sub Total EA-52 17(County) Sub Total 3.3 Spec./Assit. Or EA-5217(State) Spec./Add. R.P.T.S.A. ' ��\sS !A TOT.MTG.TAX £ 3 Dual Town Dual County Comm. of Ed. 500 ;a^ Held for Apportionment Affidavit Transfer Tax f U Certified Copy IF� �� Mansion Tax The property covered by this mortgage is or Reg. Copy will be improved by a one or two family Sub Total dwelling only. Other YES or NO GRAND TOTAL If NO,see appropriate tax clause on page# of this instrument. 1. 5 Real Property Tax Service Agency Verification 6 Community Preservation Fund Dist. Section Block Lot Consideration Amount $285,000.00 O S 1000 114 . 00 07 . 00 012 . 001 CPF Tax Due $ -0- Dal �7 RECEIVED proved x Initials $ 89L acant Land 1 Satisfactions/Discharges/Releases List Property Owners Mailing Addr s,, JUL 0 8 1999 TD 10 RECORD& RETURN TO: COMIMUNITY TD WILLIAM D MOORE ESQ PRESERVATION TD 51020 MAIN RD FUND SOUTHOLD NY 11971-4616 F Title Company Information Name Peconic Abstract, Inc. e # 641—S-00345 9 Suffolk County Recording & Endorsement Page I1us page forms part of the attached Deed made by: (SPECIFY TYPE OF INSTRUMENT) RUTH M. LESSARD The prenuses herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of Southold RICHARD J. HART and In the VILLAGE CATHERINE V. HART or HAMLET of Mattituck BOXES 5 T I IRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR PILING. Page 1 of 6 (OVER)