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HomeMy WebLinkAboutL 12167 P 524Forn18002---Bargain and Sale Deed, with Covenant against Grantor's Acts--hldividual or Corporation. (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the /t/day of January, Two Thousand Two BETWEEN ANDREW A. AURICHO, residing at 2560 Kerwin Blvd., Greenport, New York 11944, party of the first part, and TOWN OF SOUTHOLD, whose address is 53095 Main Road, Southold, New York 11971 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten 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, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Arshamomaque, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly line of Main Road (S.R. 25) where the easterly line of land of Ed Nidds Estate intersects same; RUNNING THENCE along the easterly line of land of the Ed Nidds Estate, North 48 degrees 56 minutes 30 seconds West, 275.58 feet to the southerly line of land of the Long Island Rail Road; THENCE along the southerly line of land of the Long Island Railroad on an arc of curve bearing to the left whose chord runs North 58 degrees 19 minutes 40 seconds East, 250.77 feet to the ordinary high water mark of Arshamomaque Pond (Mill Creek); THENCE in a generally southerly direction along Arshamomaque Pond (Mill Creek) on a tie line course bearing South 28 degrees 25 minutes 18 seconds East 224.68 feet; THENCE North 62 degrees 24 minutes 10 seconds East 20.06 feet; THENCE South 41 degrees 40 minutes 38 seconds East 36.69 feet to land now or formerly of David Haseltine and Therese Schwartz; THENCE along said lands the following two courses and distances: 1) South 69 degrees 36 minutes West, 84.00 feet; 2) South 19 degrees 38 minutes East, 82.00 feet to the northerly line of Main Road (S.R. 25); THENCE along the northerly line of Main Road (S.R. 25), North 84 degrees 44 minutes West, 104.00 feet to the point and place of BEGINNING. Subject to rights of others over Mill Path, if any. TOGETHER with all right, title and interest, if any of the party of the first part, in and to the waters of Arshamomaque Pond where same abuts. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed from Dominic T. Aurichio, dated October 21, 1977, and recorded November 1, 1977, in the Office of the Clerk of the County of Suffolk in Liber 8335, Page 148. 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 La,v, 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. 1N WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ANDREW A. AURICHI~ STATE OF NEW YORK) COUNTY OF SUFFOLK) On the ~/ff day of January, 2002, before me, the undersigned, personally appeared Andrew A. Aurichio, 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(les), and 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. No. 0~ FA4973285 Qualified in Sufiotk County Commission Expires Oct. 15, 20 RIDER TO DEED DATED JANUARY 16, 2002 ANDREW A. AURICHIO to TOWN OF SOUTHOLD SCTM #1000-56-4-16 AS SET FORTH in Chapter 59 and Chapter 6 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those Chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. TOWN OF SOUTHOLD ,/gO~SHUA Y. HORTON Town Supe~isor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )ss: On the 16th day of January, 2002, before me personally appeared JOSHUA Y. HORTON, personally known to me or provided 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 he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. Notar'~'~pu~.c 7~ KAREN J. HAGEN NOTARY pUBLIC, State o! New YoCk No. 02HA4927029 Qualified in Suflotk County ,,~ 2 Commission Expires March 21, 2 ~ RECORDED 2r!~]2 Feb 05 11:35:0E~ Ed~,.~af-d p, Romaine CLERK OF SUFFOLK COLi,~i".,' L 000012167 P 524 C,T# 0i ~25455 i~.Inber of pages !'ORIIEN$ Serial 1t Cerlilicale # prior C!f.// Deed / Morlgage Ins~rumenl 41 Deed / Morlgage Tax Slamp FEES 2002 Feb 05 11:35:08 Ed,.,~ard P. Romaine CLEEK OF SLiFFOLK COUH?./ L D00012i67 P 524 DT# 0i-25455 Rccordiog / Filing Slamps Page / Filiag Fee ! landling Tp-584 Nolalion EA-52 !? (Courtly) EA-5217 (Slalc) R.P.T.S.A. Comm. of Ed. Affidavil Certified Copy Reg. Copy Olher ~ Sub Total 500 :i -- Sub Tolal GRAND TOTAL Morlgage Ami. I. Basic Tax 2. Addiliooal Tax Sub Tolal Spec./Assil. Spec./Add. Real Properly Tax Serv ce Agency Verificalion Disl. Scclion B lock Lot 1000 056.00 04.00 016.000 TOT. MTG. TAX Doal 'rown Dual Couoly.__ I leld £or Trans ret Tax MansJo. Tax The properly covered by lids IiIOrlgage iS or will be ilnproyed by a OhO or lWo family dwelling only. YES orNO__ !fNO, see appropriate lax clause OII page II __ of !his i.slrument. Salishclio.s/Discharges/ReleasesListp[opeMyOw.ersMailingAddress RECOIll)& RETURN'FO: Gregory F. Yakaboski, Esq~ Town of Southold Attorney 11971 53095 Main Road P.O. Box 1179 Southold, New York I 6 c0~nmunity Preservalion Fund Consideralio,! Amotnl * ~/~fl~)//~ CI'F Tax Due $ /~ hnprovcd Vacm)l Land TD i dO TD TD 81 Tille Company lnformaIiol~ _Co.~meCo~ealth Land ~tle Title# RH80013755 Suffolk County Recording & Endorsement Page Il!is page fo.ns pm'l of Ihe all~ched deed (SPECI FY TYPE OF I NSTRUMt{NI' ) ANDREW A. AURICHIO nlnde by: 'lhe premises herein is siIuated in SUFFOLK COUNTY, NEW YOI),K. TO In the Tommhip of Southold TOWN OF SOUTHORD ~ In Ihe VILLAGE o,r I IAMLET of Southold BOXI£S 5 TI IP, U 9 MUST BE TYPED OR PRINH~D IN BLACK INK ONLY I'P, IOR TO RECOP, DING OR FILING. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 5 TRANSFER TAX NUMBER: 01-25455 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 056.00 04.00 EXAMINED AND CHARGED AS FOLLOWS $60,000.00 Received the Following Fees For Page/Filing $15 COE $5 EA-STATE $25 Cert. Copies $0 SCTM $0 Comm. Pres $0 00 00 00 00 00 00 TRANSFER TAX NUMBER: 01-25455 THIS PAGE IS Above Instrument Exempt NO Handling NO EA-CTY NO TP-584 NO RPT NO Transfer tax NO Fees Paid A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 02/05/2002 11:35:08 AM D00012167 524 Lot: 016.000 Exempt $5.00 NO $5.00 NO $5.00 NO $30.00 NO $0.00 NO $90.00 PLEA, SE TYPE OR PRESS FIRMLY WHEN ~WRITING ON FORM INSTRUCTIONS: http://www.orps.state.ny.us or'PHONE (518) 473-7222 REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK STATE BOARD OF REAL PROPERTY SERVICES RP- 5217 1. Property 63445 [ Main Road I Locat on STREET NUMBER STREET NAME I Southold ' I .~nn~h~ I 11971 CITf OR TOWN VILLAGE ZIP CODE 2. Buyer I r~OWll of .qouthold I Name LAST NAME / COMPANY FIRST NAM~ I LAST NAME / COMPANY FIRST NAME 3. Tax Indicate where flJture Tax Rills are to be sect ~illing if other than buyer address (at bottom of form) I I Address L~ST NAME [ COMPANY I STREET NUMBER AND STREET NAME 4. Indicate the number of Assessment Roll parcels transferred on the deed I , 5. Deed PropertyL I x l CI~P( OR TOWN DEPTH 11 #of Parcels OR [~ Part of a Parcel 1. 3 O0I I OR I '^CRES'' Seller I Aurichio I (Only ff Part of a PareM) Check as they apply: 4A. Planning Board with Subdivision Authbdty Exists, [] 48. Subdivision Approval was Required for Transfer [] 4C. Parcel Approved for Subdivision with Map Provided [] Andrew A. 7. Check the box below which most accurately describes the use of the property at the tired of sale: B I'~ 2 or 3 Family Residential F ~ Commercial C ~.~ Residential Vacant Land Gl I Apartment D[~ Non-ResidentiaIVacactLand H~l Entertainment/A/~usemenf SALE INFORMATION ~ 11. SaloContre~tDnt. I 12 / 6 / 01 r Month Day Year 12. Date of Sale / Transfer Month Day Year 13. Full Salo Price I , , , , 6, 0 , 0, 9 O, 0 , 0 I {Full Sale Price is the total amount paid for the property including personal proper%,. This payment may be in the form of cash, other properly or goods, or the assumption of mortgages or other obllgatlons.) Please round to the nearest whole dol/ar amount. 14. Indicate the value of personal I 0 , , 0 , 0 I property included in the sale ~ I I ~ I · Community Service Industrial Public Service Forest Cheek the boxes below as they apply: 8. Ownership Type is Condominium [] 9. New Construction on Vacant Land [] IOA. Property Located within an Agricultural District [] lOB. Buyer received a disclosure notice indicating [] that the property is in an Agricultural District 15. Check one or more of these conditions es appliceble to transfer: A B C D E F Sale Between Relatives or Former Relatives Sale Between Related Companies or Partners in Business One of the Buyers is also a Seller Buyer or Seller is Government Agency or Lending Institution Deed Type not Warranty or Bargain and Sale (Specify Below) Sale of Fractional or Less'than Fee Interest (Specify Below) Significant Change in Properb/Be~veen Taxable Status and Sale Dates Sale of Business is Included in Sale Price Other Unusual Factors Affecting Sale Price (Specify Below) None 0 Year of 7 0 ½ ' 18. PropertvCraes I 3, 1 ,1 I-I I 19. SchoofOlatrictNeme I Southold 0 I 20. Tax Map Identifier(s) / Roll Identifie~(a) (ff more than four, attach sheet with add'rtlonal identifier(s)) 1000-056.00-04.00-016. 000 ] I I I I I I CERTIFICATION I : ' I certify that all of the items of information entered on this form are true and correc[(to the best of my knowledge and belief)and I u~d. ersfend that the making of any willful false statement of material fact herein will subject me to the proviMQns of the penal law relative to the maldng mid ~g ~f false ioMruments. BUYER. BUYER'S ATrORNEY Town ~f Southold /// , . // 53095 I Main Road Southold ~ NY I 11971 YAkaboski I Gregory F. LAST NAME FIRST NAME 631 I 765-1889 AREA CODE ~ELE~HONE NUMBER