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HomeMy WebLinkAboutL 12389 P 568BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Standard N.Y.B.T.U. Form 0002 Caution: This A~ccment should be prepared by an attorney and rt.wicwed by attorneys tbr seller and purchaser before sig~ing. THlS lNDENTURE, made the ~_~day of.._~_l"t /.___._~ , 2005 between KEVIN P. SIMMONS, as Trustee of the JUNE SIMMONS FAMILY IRREVOCABLE LIVING TRUST, and KEVIN P. SIMMONS AND ROXANNE M. ZIMMER, as Joint Tenants, residing at 107 Salisbury Avenue, Garden City, New York 11530 patty of the first part, and KEVIN P. SIMMONS, as Trustee.of the JUNE SIMMONS FAMILY IRREVOCABLE LIVING TRUST, and KEVIN P. SIMMONS residing at 66 Baldwin Avenue, Point Lookout, New York 11569 party of the second pan, WITNESSETH, that the party of~he first part, in consideration ofTen Dollars, and other valuable consideration paid by the party of the second part, does hereby grant and r~lense unto the party of the second part, the heirs or suecessom and assigns of the part of the second part forever, A/ff.. that certain plot, piece or parcel of land, with the buildings and improvements thereon crecled, situate, lying and bcing at Southold, Town of Southoid, County of Suffolk and State of New York. SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF Thc grantor.herein is the same person as thc grantee in Deed from Doris G. McKenna dated April 30, 2003 and recorded in the Suffolk County Clerk's Office on June 2, 2003 in Libor D000! 2254 Page 276. TOGETHER with all right, titl~ and intoresL if any, of the party of the first part in and to any streets and roads abutting thc above described p~c~iises to thc canter lines thereof; TOGETHER with the appurtenances and all thc estate and ri~ts of the party of the flint part in and to said premises; TO H,4 YE .4ND TO I/OLD the premises hcrcin granted unto the party of the second part. the heirs or successors and assilpts of thc party of the second part ibrevcr, AND the party of the first part covenants that the party of the first part has not done or suftL-xed anything whereby thc said premia~ have been encumbered in any way whatever, except as aforesaid. .4ND the pony of the first pm't, in compliance with Section 13 of thc Lien Law, covenants that the pony o£tbe first pan will receive thc consideration lbr this conveyance and will hold the right to rcecive such consideration as a trust fund to be applied first lbr the pu~ose et'paying the cost of the impmvemant and will apply the same first to the payment of the cost of thc improvement before using any pan of the total of the same tbr any other purpose. Thc word "party" shall be construed as if it read "parties" whanevcr the sense of this indenture so requires. SCIIEDULE A-! Description ALL, that certain plot, piece et' tnnd, situate, lying and being part ora Condominium in Ihe Town of Southold, County of SulTolk and State of'Now York, known und dcsi~,nated as Unit No. 12D together with a l14'/% undivided imeresl in the common elements of th~ condominium Imreinafter dnseribnd as the same is defined in lite Decianslion of Condominium I~eminaft~'r?ferred to.' . Thc Condontinium Unit (hereinafter mferre, d lo as the Uhit) bein~ designated in the Town of Southold, "Fo6'ndcrs Village Condominium I1", flied on F..ebrunry 2, 198'/, as Map # 153, and described as Unit No. I2D lo n certain Declaration dated 2J2/8'/, mede by Liz. da Realty'Ltd. Pursuaol to Articlc 9B of the Peal Property Law of the State of New York, establisl~ing a plan for Condominium ownership of the Building nnd Land upon whicit the building is situate, mom particularly described in £xhibit A nnneXed herein, whiclt Declaration was recorded in the Suffolk Comrty Clerk's Office on 2/2/8'/in L, iber 10237, Page 1'/8, ns may be amended. venue dJstanl the foliowiug two (2) courses and distnncea as at a iht op the westerly s~de of Ratlroad A . · southerly I'ne of land now or .l'ormerly of B£GiN~IING . po '. .... ,' r,-ilroad Avenue from a point where th 1ensured along me westerly sluc ~aniel Chamews intersects the westerly satd of Railroad Avenue, I) South 08 daF, runS ~15 minutes 30 seconds EasL 60.'/0 feet; 2) South 13 degrees 53 minutes 40 seconds ~asi; 298.50 t'cet to thc point or place of beginning; RUNNING TI-I'£NCE South 13 degrees 5:3 minuS, aa 40 seconds Fast, along the westerly side of Railroad Avenue, 160.00 treat to land now or formerly of Mohr, THF..NCF-. Sbuth 7:3 degrees 5~ minutes 20 seconds West, along thc last mentioned land, 132.40 ~'eet; r THENCE South 13 degrees 23 minutes i 0 seconds East, still along land now or formerly et' Mohr and and now o formerly of Avcrette, 100.04 feet; THENCE along land now or formerly of Averette, the foilowlng two (2) courses and distances; · I ) South 73 degrees 12 minutes 30 seconds West. 89.03 feet; 2) South 17 degrees 41 minutes 40 seconds East, 60.18 feet to Innd now or formerly of Kaelin; THENCE Souti~ 73 degrees 22 minutes 20 seconds Wesl, along last mentioned land, I 13.76 feet to land now or formerly · ofAgway, Inc.; THENCE. along last m. entioned land, the following three (~) courses and distances; I ) South 74 degrees 04 minutes 40 seconds West. 213.27 feel:, 2) South 0.S degrees 22 minutes $0 seconds East, 398.17 feet; Easl, 94.21 feet to laud now or formerly of the Long Island Rallroad: 3) South I 7 degrees 21 minutes I 0 seconds SCHEDULE A'- 1 Continued TJ-I.ENCE .~outh 70 degrees 30 minutes 30 seconds West, along last mentioned land, 534. i 0 feet to land now or formerly of George Ahlers and Barry Hellman; THENCE North 17 degrees 43 minutes 30 seconds West, along lest mentioned land, 636.24 feet to land now or formerly of Charles Witkowski; THENCE al6ng last mentioned land, the following two (2) courses anc[ distances; I) North 70 degrees 08 minutes 30 seconds East, I I 1.80 feet; 2) Noah 12 degrees 29 minutes 30 seconds West;,217.84 feet to Founders V~ ego Condo a i'um I '; THENCE along last mentioned land, tile following seven (7) courses and distances; I) North 7'5 degrees 06 minutes 20 seconds East, 180.00 feet; 2) North 14 degreeS 53 mia?res 40 seconds West, 30.00 feet; 3) North 68 degrees 06 min. utes 20 seconds East, 210.00 feel; 4) North 84 degrees 21 minutes 12 seconds East, 310:40 feet; 5) South 64 deg, me.s.$3 minutes 40 seconds East, 75.00 feet; 6) North 25 dogress 06 minutes 20 seconds East, 50.00 feet; ?) North 76 degrees 06 minutes 20 seconds East, 270.00 feel. to the westerly side of Railroad Av.enuo et rile'point or place of BEGINNING. and IN WITNESS~, thc party of thc first part haa duly executed this deed thc day KEVIN I~. SIMMOI~ STAT YORK COUN~ OF N^SSAU On the -~91~ day of ~ .200S, before me, tho ande~i~.ed, p,~onal*y appeared KEV[N P. SIMMONS,"l~tsonally known to rna or proved to me on the basis of satisfactory evidence to be the individual who name is subscribed to the within instmmcat and acknowledged to me that he executed tho same in his capacity, and that by his signature on the instrument, the individual, or the pcrson upon behalrof which the individual acted, executed the ) )SS: ) instrumcat. STATE OF NEW YORK COUNTY OF On the J,']~ d~y of No. _ Ouallfled In · 2005, before me, the ~ndersigned, personally appeared ROXANNE M. ZIMMEI~. personally known to me or proved to me on thc basis of satisfactory eviden~ to be the individual who name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by he~ signature on the instrument, the individual, or the paten upon behalf of which the individual acted, executed the MARILYN O. AVONDET No. 01AV~ Ouallflad ~ Naelau Omm~p'.. Uuavn~ Expim~ 8.pL a, instrutaent. DEED SIMMONS Section 063.02 Block 01.00 Lot 036.00 County of Town SUFFOLK To SIMMONS Return By Mail To: KEVIN P. SIMMONS, ESQ. SIMMONS, JANNACE & STAGG 75 JACK~ON AVENUE SYOSSET, NEW YORK 11791 Reserve This Space for Use of Recording Offiee 2 Number of pages TORRENS Seri'.d at Certificate # Prior Ctf. # Deed. Mortgage Instrument Page I Filing ~ I~.,ed I Mortgage Tax Slamp FEES Handling $, (10 TP-584 ~ Notatiun EA-52 I? (County} Sub Total HA-5217 t Slate) Comm. of F.d. ,~, Q~l cilag. Copy Sub Other ]6 Oread Total !/..~ li gg ;'-- s0 ' ' ...... 4 17420 1000 06302 0100 036000 Real ; ~ Pmpeay Tax S~'io Agency I ...... Verification S~isfgtio~DighargedRelot~eList~o~rtyOwnorsMaili~ Addre~ RECORD &RETU~q TO: gevin P. Simmonn~ Esq. Simmons, Jannace & Stagg 75 Jackson Avenue Syosset, New York 11791 REC01~I) 2005 Iq~ 27 10:59(14 EOdard P. Roaaine CLERK OF' ~LIFFOU( {XXIN~ L D00012'5~ P~68 DT# 04-42602 Recording / Filing Stamps Mortgage Amt. I. Besic Tax 2. Additional Tax Sub Tmal Spry:. / A.ssit. Spec. / Add. 'INT. MTG. 'rAg Dual Town Dual Count)' Held {'or Appoinln~ /Thane fer Tax Mansion Tax . The property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO __ If NO. see appropriate tax clau~ on page 1~ of this instrument. dc ~Ommunity Preservatioon Fund ration Amount S Improved Vacanl Land __ , TI) Suffolk County Recording & Endorsement Page This l~*ge lbrms pan of the attached DEED matte by: Kevin P. Simmons, as Trustee of the ($PECIFYTYPEOFINSTRUMENT} June Simmons Family Irrevocable Living Tru:t an~_ E~-:'in P_ $~,-,-...n an(t Thc premisis hercin is situated in Roxanne M. Zimmer,To as Joiht Tenan~"%FFOLKCOUNTY'NE~In O ~ Kevin P. Simmons, as Trustee of th~IheT°wmship°f .1,,...~ mmon~ Family Irrevocable In the VILLAGE Living Trust and Kevin P. Simmons or HAMLET of BOXES 6 THROUGH 8 MUST SE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over; SUFFOLK COUNTY CLERK RECORDS OFFTCE RECORDTNG PAGE Type o£ Znstrument; DEEDS/DDD NUmber o£ Pages: 5 Receipt l~--her : 05-0057462 TRANSFER TAX NUMBER: 04-42602 1000.;: '. Deed. Amount Recorded: Received the Following Fees For Above Instrument Exempt Pago/FiX/n~ $15.00 NO Handling COB $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-BTATB TP-584 $5.00 NO Cert. Coplee RPT $30.00 NO SCTM Transfer ta~ $0.00 NO C~-~.Pres Fees Peid TRANSFER TAX NUMBER: 04-42602 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL o5/27/2oos 10,59:14 AM D0001238g 568 036.000 Exen~t $5.00 NO $15.00 NO $75.00 NO $$.00 NO $0.00 NO $0.00 NO $160.00 Edward P.Romatne County Clerk, Suf£olk County ...... I~LF_~E~'~=Y-P~ ~)~-P-RESS f~IRMLY WHEN WRITIhlG ON FORM INSTRUCTIONS: hep://www.orp~.state, ny.us or PHONE (518) 473-7222 'FOR COUNTY USE ONLY ~'L~k~l 2.555 ' I Youna~ ~v~nue ] I Southolcl I Southold I 11~71 [ · -,~ ] Simons I Kevtn P. as Trustee [ I Simmons [ Kevin P. J ktclica~ whmm h~um T~: Slb ~m to Im mr~ ~,,~ I Ixl IORI . . · I 4Cl~J,~.d~,S,,~i~,i.~,u.,l'..,i,~ Simons Kevin P., as Trustee ~__ ~--,~ ~ ...... ~ [ Zi~er [ Roxanne as Joint Tenants 13. Full ~ ~ I ~ ~ . · I ASSE~ME~ INFOR~TION - ~ IhOudd r~i ~ Ist~t Final ~ment ~1 ind Tix Bill I ~ Y~d ~M~m~ ~.,~ ~ I , I I?.T~ ~ V~e ~ ~ ~m ~1 I. .......... ~ s 1000-063.02-01.00-036.000 I C~'I',I:ICATION I ' ' I ~;,_ .,.,. .- I j ~~ / / NEW YORK STATE .~ _. .._