HomeMy WebLinkAboutL 12328 P 610Form 3290
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYER~ ONLY
THI8 INDENTURE, made the/~F~y of June. 2004
BETWEEN
J&C HOLDINGS, LP, a New York limited partnership with offices at 3400 Lighthouse Road
Southold, New York 11971, party of the first part, and
THE TOWN OF SOUTHOLD, a municipal corporation with offices at 53095 Main Road, Southold,
New York 11971, party of the second part,
WITNESSETH, that the parly of the first part, in consideration of Ten and 00/100.
($10.00) -- dollars,
and other good and 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 lend, situate, lying and being in the Town of Southold. County of Suffolk
and State of Now York, known and designated as Lot 7 as shown on a certain map entitled, "Map of
Fores*brook at Bm/view' and tiled in the Office of the Suffolk County Clerk on June 15, 2004 as Map No.
11119. said lot being more particularly bounded end described as fo#ows:
BEGINNING at a point on the northeasterly side of North Bayvlew Road where the same is intersected by the
eastedy boundary line of lend now or formerly of John G. Kendall;
Running thence from said point or place of beginning along said last mentioned land, the following two (2)
1 ) North 16 degrees 48 minutes 40 seconds East, 1026.78 feet;
2) North 44 degrees 11 minutes 40 seconds East. 294.71 feet;
Running thence still along said last mentioned land and along land now or fermedy of Eugene C. Schwanke
and Alyoung Schwanke, North 66 degrees 32 minutes 10 seconds East. 214.13 feet to the southerly boundary
line of Subdivision Map 'James W. Dawson';
Running thence along said last mentioned boundary line the following four (4) courses and distances:
1) North 76 degrees 16 minutes 50 seconds East, 191.60 feet;
2) North 51 degrees 09 minutes 40 seconds East. 307.17 feet;
3) South 72 degrees 30 minutes 10 seconds East, 201.33 feet;
4) South 67 degrees 17 minutes 10 seconds East, 72.42 feet to land now or formedy of Donald F. and Joan E.
Bertroni;
Running thence along said last mentioned land and along land now or formedy of Nancy Stedman and land
now or formerly of Lawrence WEiser and Diana WEiser, South 21 degrees 22 minutes 10 seconds Wast.
699.79 feet
Running thence South 68 degrees 37 minutes 50 seconds East. 25.00 feet to land now or formerly of Mary K.
Smith and Barbara Jo Gabriel;
Running thence along said last mentioned land the following two (2) courses and distances:
1) South 21 degrees 22 minutes 10 seconds West. 10.00 feet;
2) South 49 degrees 20 minutes 20 seconds East, 211.90 feet to the westerly side of North Road to Bayvlaw;
Running thence along the westerly and southwestedy side of North Road to Bayview the following two (2}
courses and distances:
1) South 21 degrees 22 minutes 10 seconds West, 40.78 feet;,
2) South 26 degrees 02 minutes 20 seconds East, 353.15 feet to land now or formerly of Edgar R. Hamlin and
Eileen E. Hamlin;
Running thence along said land South 21 degrees 07 minutes 30 seconds West, 156.21 feet;
Running thence in a northwesterly, westerly and southwesterly direction the following three (3) courses and
distenoas:
1 ) Along the arc of a curve bearing to the dght having a radius of 175.00 feet a distance of 153.70 feet:
2) Along the am of a curve bearing to the left having a radius of 352.00 feet a distance of 1148.87 feet;
3,) Along the arc of a curve bearing to the dght having a radius of 300.00 feet a distance of 172.01 feet;
Running thence South 16 degrees 32 minutes 20 seconds West, 106.26 feet to the northeasterly side of North
Bayview Road; End
Thence along the northeasterly side of North Beyviow Road the following two (2) courses and distances:
1) North 73 degrees 27 minutes 40 seconds West, 267.74 feet;
2) North 72 degrees 04 minutes 50 seconds West, 352.75 feet to the poinl or place of BEGINNING.
EXCEPTING so much therefrom as is now or formerly owned by Paul E. Hale and Adelaide M. Hale being
bounded and described as follows:
BEGINNING at the northeasterly corner of the hereinafter described prentisos soil point being distant four(4)
courses and distances f~om a monument eat on the westerly side of North Road to Bayview at the
southeasterly comer of land now or formerly of Mark K. Smith and Barbara Jo Gabriel;
1) North 49 degrees 20 minutes 20 seconds West, 211.90 feet;
2) North 21 degrees 22 minutes 10 eaco~ds East, 10.00 feet;
3) North 68 degrees 37 minutes 50 seconds West, 290.00 feat;
4) North 21 degrees 22 minutes 10 seconds East, 40 feet to the true point or place of BEGINNING.
Running thence South 21 degrees 22 minutes 10 seconds West. 185.00 feet;
Thence southv~sterly along an arc of a curve bearing to the right having a radius of 25.00 feet a length of
39.27 feet;
Thence North 68 degrees 37 minutes 50 seconds West, 235.00 feet;
Thence westerly along an am of a curve bearing to the left having a radius of 101.17 feet a length of 40.00
feet;
Thence North 02 degrees 07 minutes 30 seconds East; 230.69 feet;
Thence South 68 degrees 37 minutes 50 seconds East. 375.00 feet to the paint or place of BEGINNING.
FURTHER EXCEPTED from the conveyance hereof is the following ~ight of way benefiting the excepted
premises: A right o! way 20 feet in width being bounded and described as follows:
BEGINNING et · paint on the westerly side of North Road to Eayvlew distant 9.99 feet southerly from its
intersection with the scutherly line of lend now or formerly of Mary K. Smith and Barbara Jo Gabriel;
Running thence South 21 degrees 22 minutes 10 seconds West along the westerly side of North Road to
Bayview. 22.31 feet;
Thence North 42 degrees 19 minutes 50 seconds Weet, 208.34 feat;
Thence North 68 degrees 37 minutes 50 eaoonde West, 303~ feet;
Thence North 21 degrees 22 minutes 10 seconds East, 20.00 feet;
Thence South 68 degrees 37 minutes 50 seconds East, 307.90 feet;
Thence South 42 degrees 19 minutes 50 seconds East, 203.13 feat to the westerly side of North Road to
Eayvlew at the point or place of BEGINNING.
SUBJECT TO e right of way for ingress and egress for the benefit of land now or formerly of Hale
(SCTM~1000-79-2-6), contiguous to the southerly line of the existing right of way, which is granted herein,
over property more particularly described ss follows: All that certain plot, piece or parcel of land, situate, lying
and being at Bayview. Town of Southoil, Suffolk County, New Yor~, bounded and described as follows:
Beginning st a paint on the easterly line of lend now or formerly of Paul E. Hale & Adelaide M. Hale, where
said line is intersected by the southerly side of · certain right of way leading from North Road to Bayvlew to
land now or formerly of Paul E. Hale & Adelaide M. Hale; Running thence from soil paint of beginning. South
68 degrees 37 minutes 50 seconds East along the southerly side of said right of way, 303.23 feet to an angle
point in said right of way; Running thence through land of the party of the first the following two (2) courses
and distances: (1) North 72 degrees 53 minutes 30 seconds West, 162.25 feet: (2) North 63 degrees 45
minutes 30 ceceeds West, 141.94 feet to land no~ or formerty of Paul E. Hale & Adelaide M. Hale and the
point or place of beginning.
SUBJECT TO covenants and restrictions described In Schedule 'A' annexed hereto.
BEING AND INTENDED TO BE pert of the some premises conveyed to the party of the first part by deed
dated 11112J03, recorded 2/6/04 in Liber 12299 page 879.
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 aplxJrtenances and all
the estate and rights of the party of the first part in end 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 cumpllance with Section 13 of the Men Law, covenants that the party of the
first part will receive the consMeratJon 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 some
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' when ever the sense of this Indenture so
requires.
IN WITNESB WHEREOF, the party of the first part has duly executed this dem:l the day and year first above
written.
IN PRESENCE OF:
J&C HOLDINGS, LP
By: Ma Tine, Inc., General Partner
By:~
Chd~tfne C~-Iurtado, President
.I
TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE
State of New York. County of Suffolk. ss: State of New York, County of Surfak ss:
On the /'7'~4 day of June. in the year 2004 On the / '~ )~ of June. in the year 2004
bm~'e me, the under~gned, personally appeared bof~e me. the undersigned, pemonally appeared
CHRISTINE C. HURTAI.)O JOSHUA Y. HORTON
pcrsonsl]y known To me or proved tn n~e on the basis or personally kno~m to me ar proved to me on the basis of
s~tisl'a¢tor~, evidence to he Iht ~ncllvidualts) who~e name(s) is ssfistscto~/evldeflns to be the individual(s) whose name(n) is
(arc) subscrlhed to the within inslrumcnt and m::lmowledl~ed Io (are) ,ubsoribed to the wifinin instrument and scknovdedged to
me thai he/~stthey executed the same in hls/'nar/lhelr
me that he/she/they executed the same in his/liar/their cap~olly(ian), and that by hi,'tar/their ~gnatore(e) on the
napscit.v(iest, and that by hisSer/their silplature{s} on thc Inatmmm~t. ~he individual(s), o~ the presort upon behalf of v~ich
which fl]~d'g~widu~lIs~} nctccL,cx~:cu~.ed thc instrumcm.
.. T~ ~= i ,-,~ _'~'.._ .'~'.'.'.'.'.'.'~.. ~I_EDGMENT 18 MADE OUTSIDE NEW YORK STATF
State (or Dint~ct of Columbia. Territory, or Foreign Country) of
On the day of h~ the year
before me. the undersigned, per~onatly appeared
personally known to me or proved to me on the basin of satisfactory evidence to he the individual(e) who~o name(s) is (are)
subscribed to the within instrument end scbnowledged to ma that he/she/they exeoJted Ute same In hi.not, their capacity(ins), end
that by his/har/thatr signntum(s) on fine instrument, the individual(e), or the pemoo upon behalf of which the individust(n) acted.
executed the instrument, end that such individual made such aapeerance before the undersigned in the
(inss;t the City or other po~itinsl subdivision)
(and irmert the State or Counby or other plmoe the ncknow~dgment w~e taken)
(mgnature and offi~ of individual taking a~nowtadgment )
BARGAIN AND SALE DEED
WITH COVENANT AGAINET GRANTOR'S ACTS
Title No.
J&C HOLDINGS, LP
TO
THETOWN OF SOUTHOLD
Commonwealth
SECTION
BLOCK
LOT
COUNTY OR TOWN
STREET ADDRESS
Recorded at Request of
COMMONWEALTH LAND TITLE INSURANCE COMPANY
RETURN BY MAIL TO:
Wickham, Bressler, Gordon & Geese, P.C.
P.O. Box 1424
10315 Main Road
Mattituck, New York 11952
SCHEDULE "A" TO DEED MADE BY J&C HOI.DINOS, LP
TO THE TOWN OF SOUTQHLD DATED JUNE 17. 2004
The premises described herein arc transferred subject to the following additional
restrictions, to which thc party oftbe second part covenants and agrees:
1) The property will remain undeveloped in perpeluily for use as open space, a nature
preserve and/or a passive recreational area with trails, which uses may include limited
parking ibr access purposes. An information kiosk may be constructed. Usc of the
propemj .shall also be conducted in accordance with applicable regulations governing
open space in thc Town of Southold (Chapter S9 ot'thc Town Code of thc Town of
Southold and any successor chapter, now or as it may be amended).
2) The interest acquired by the Town of Southold shall not hereafter he alienated
except upon the affirmative vote of a majority of thc Town Board after a public hearing
thereon and upon the approval by the electors of thc town voting on a proposition
submitted at a special or biennial town election. No subsequent amendment of the
provisions of thc subsection shall alter the limitation imposed upon the alienation of the
fcc or any lesser intcrcst or right acquired by thc town prior to any such amendment.
3) These additional restrictions shall run with the lahd and shall bind the TOWN OF
SOUTHOI.D, its successors and assigns.
IN WITNESS WHEREOF. the patties have duly executed this instrument on this
17t~ day of June. 2004.
THE TOWN OF SOUTHOLD
shua Y. l-ronon. Supervisor
JS:C HOLDINGS, I.P
By: Ma Tine, Inc.. General Partner
Christine C. Hurtado, President
r~humch
Number of pages
TORRENS
Serial #
Cenffkate #
Prior Cfi. #
Deed / Mo~gagc lnstrung:nt
Pase / Filing Fee.
Huddling 5. 00
TP-584
Notatbn
EA-$2 17 (County)
EA-5217 (Stare)
R.P.T.S.A,
Comm. of Ed.
Affidavit
Certified Copy
NYS Surcharge 15. 00
O~her
Deed / Mortgage Ta~ Slnm.n
1~-~
Sub Total
Grand Total
'""st. 044}26820 1000 07900 0200 007007
4
Real PropertyI~' ~)
Tax Service : i
Verification
RECORDED
2004 Jul 02 10:50:54
· E~,~apd P. Ro~aine
CLERK OF
SUFFOLK C~dff:P/
L D0001232~
P 610
&TI,' 03-4~ ·"
Recording / Filing Stamps
M~vge .A~t.
1. Basic Tax
:2. Additionnl Tnx
Sub Total
SpscdAssit
br
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County
Held for Appoinm~n.t
Tra~sf= Tnl ~ ~' '_
Mnn~ion Tax
The property cove~-d by this mortgage is
or will bo improved-by n one or two
family dwelling only.
or NO
If NO, ~ee approl~iate tax clause on
page ~ __ of this insuument.
6 I Sati~actions/Dighax~e.s/Relenses Iisi l~operty Ownen Mniliq Addre~
--;-I ' RliCORD & RETURN TO:
Consideration Amount $ ~¥,¢T~d¢I~/.,
CPF Tax Due S ~
Improved
Vacant Land
._, I' Suffolk County Re ording & Endorsement Page
f~ ~is~gc~sp~of~e~h~ ~ ' m~by:
~ ~LET of
BO~ 6 ~U ~ MUST BE ~ OR P~'l~ IN B~CK INK ONLY P~OR
(over)
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PA~E
TFPe of Instrument: DSEDS/DDD
Number of Pages: 5
Receipt ~lmh~r : 04-0074002
T~ANSFER TAX NUMBER: 03-49999
District:
1000
Deed ~unt:
Recorded:
LIBER:
PA~E:
Sec tion: Block:
079.00 02.00
· YaMINED AND CHARGED AS FOLLOW8
$948,031.00
07/02/2004
10:50:54 AM
D00012328
610
007.007
Received the Following Fees For Above Instrtmmn2
Page/Filing $15.00 NO Handling
COS $5.00 NO NYS SRCHG
EA-CTY $5.00 NO SA-STATE
TP-584 $5.00 NO Cert.Copios
~ $30.00 NO SCTM
Transfer tax $0.00 NO Co~.Pres
Fees Paid
TRANSFER TAX KOMBER: 03-49999
THIS PA~E IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
$5.00
$15.oo
$50.00
$o.oo
$o.oo
$0.00
$130.00
Edward P.Romatne
County Clerk, Suffolk County
NO
NO
NO
NO
PLEASE TYPE OR PRESS FIRMLY WHEN WRITING QN FORM
INSTRUCTIONS: http://www.orp$.state.ny.us or PHONE (518) 473-7222
PROPER~ INFORMATION I
~o..t~.. I 5250 I North Bayview Road
~ Southold ~ Southold [ 11971
z, ~uyer I The To~ of Southold I
Roll parcels transferred on the deed I ~ I # of Parcels OR Par! of a Parcel 4~. PJanning Board whh Subd~vJ$iot~ Authorily Exists []
IOR[ ,2 ,5 · 7 . 5 I 4C. Per~lApprovedforSubdiv~sionw~thMapPr0vided []
5. Deed
Propo.y I t x I
ss,.er [ J&C Holdings, LP
I SALE INFORMATION I
~ 1! / 17 / 03 I
12. Oate of Sale / Transfer [ 6 / 17 / 04 I
13. FuliSaIeP~ic, I , , , 9,.4 ,8 ,0 ,3 ,1 , 6~0Z.~ I
76. v~.of A...~,~o.,.o, ~-o,. 103/,04 [ I?. Tot&l .a~sessed Value {o[ aU parcels ln transfer) r
Sale of Fractional or Less than Fee Interest (Specify ~elow}
S[gnificanf Change in Propero/ ~etween Taxabte Status and Sa~e Dates
Sale of ~uslness is Included in Sale Price
Other Ur~usual Factors Affecting Sale Price (Specify Belowl
Noee
[000-079.00-02.00-p/o007.000
I L I
L J I I
I CERTIFICATION I
The Town of Southold
/--
SELLER
631 J 287-3939
General Pa
NEW YORK STATE