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HomeMy WebLinkAboutL 12576 P 263SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED N,,mher of Pages: 6 Receipt N,,mher : 08-0122647 TRANSFER TAX NUMBER: 08-12305 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 010.00 07.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $30.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $5.20 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 08-12305 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 12/30/2008 09:47:26 AM D00012576 263 Lot: 011.000 Exempt $20.00 NO $15.00 NO $75.00 NO $0.00 NO $30.00 NO $0.00 NO $190.20 Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2009,_ £)e,: ..~U"- 9'q:47'% .... Judit. h ~. F'ascale CLERK OF SUFFOLK COUNTY L DOOO125Z6 P 265 DT# 08-12505 Deed/Mortgagelnstrument Deed/MortgageTax Stamp I Recording /Filing Stamps FEES 31 Page / Filing Fee Handling 20 ~. O0 TP-584 Notation EA-52 17 (County) 5 EA-5217 (State) R.P.T.S.A. Comm. of Ed. 5. O0 Affidavit Certified Col~ ~) ~_~ NYS Surchar~,~~ 15. O0 Other I 4 I Dist. ] Real Property Tax Service Agency Verification 6 8 Sub Total Q~ -- SubTotal I:-~) · '~0 GrandTotal I qO. ~_~(_.) 08030846 zooo ozooo o?oo ozzooo .ooo Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: STEPHEN L. HAM, Ill, ESQ. MATTHEWS & HAM 38 NUGENT STREET SOUTHAMPTON, NY 11968 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. Community Preservation Fund Consideration Amount CPF Tax Due $ - (~) - Improved VacantLand TD TD TD Mail to: Judith310 A.centerPaScale,Drive,SUffolkRiverhead,COunty ClerkNy 11901 ;o. !ame Title Company Information www.suffolkcountyny, gov/clerk T tie # Suffolk County Recording & Endorsement Page This page forms part of the attached DEED by: FRANK W. BURR and GRACE E. BURR (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO IntheTOWNof SOIITHOLD CHAUNCEY P. GOSS and AI,I,ISON B GOSS In the VILLAGE or HAMLET of FISHERS ISI,AND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. lover) CONSULT Y(~UR LAWYER BEFORE SIGNING THIS INSTRUMENT:I'HIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the ~.~ day of December, two thousand eight, BETWEEN FRANK W. BURR and GRACE E. BURR, 15 Holtis Drive, Ho Ho Kus, New Jersey 07423, party of the first part, and CHAUNCEY P. GOSS and ALLISON B. GOSS, 3301 N. Albemarle Street, Arlington, Virginia 22207, party of the second part, WITNESSETH, that the party of the first part, in consideration of zero and 00/100 ........... ($0.00) .......... dollars 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 Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as set forth on Schedule A hereto. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed, dated April 17, 2003 and recorded in the Office of the Suffolk County Clerk on April 30, 2003 in Liber 12248 page 890. TOGETHER WITH and SUBJECT TO the right of first refusal and easement and right to use dock as set forth on Schedule A hereto. ."..TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads fabuttmg..the above descnbed premises to the center hnes thereof; TOGETHER w~th the appurtenances and all ~the estat~ 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 par~:for, ever~ :AND'the,¢arty of the first part covenants that the party of the f rst part has not done or suffered anything whereby the sa d prem ses have been encumbered n any way whatever except as aforesa d 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 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. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Frank W. Burr Grace E. Burr ....... Standard N.Y.B.T.U. Form 8002 - Bargain and Safe Deed, with Covenant against Grantor's Acts - Uniform Acknowledgment . · TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of ss.: On the day of in the year 2006 before me, the undersigned, personally appeared Stale of New York, County of ss.: On the day of . in the year before me, the undersigned, personally appeared 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 individuals acted, executed the instrument. personally known to me or proved to me on the basis of satisfaclory 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 individuals acted, executed the instrument. Notary Public (signature and office of individual taking acknowledgment) Notary Public (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS State of New Jersey, County of ~ev%*--~- ss.: On the 8.3~'¢"day of December in the year 2008 before me, the undersigned, personally appeared Frank W. Burr and Grace E. Burr personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned in the ¢J,./~_u.k O¢- f~-.,~.~ev/ in the State o.f New. Jersey. (insert the~City or other politic¢ subdivision) .... ~ -. ~ (signature and office ol~ indi~~.~.k~n~.o~.~ledg,-nent) ': . My Commission Expires On: ~ - -~ ' . ~ ~,- ~Y Title No. FRANK W. BURR md GRACE E. BURR TO CHAUNCEY P. GOSS and ALESON B. GOSS STANDARD FORM OF NEON YORK BOARD OF TITLE UNDERWRITERS Disbibuted by DISTRICT 1000 SECTION 010.00 BLOCK 07.00 LOT 011.000 COUNTY OR TOWN STREET ADDRESS SUFFOLK - SOUTHOLD (NO #) HEDGE STREET FISHERS ISLAND, NY 06390 RESERVE THIS SPACE FOR USE OF RECORDING OFFICE RETURN BY MAIL TO: SCHEDULE A TO DEED Party of the First Part: Party of the Second Part: Deed Dated: Frank W. Burr and Grace E. Burr Chauncey P. Goss and Allison B. Goss December ~.~ , 2008 BEGINNING at a monument on the southwesterly line of Hedge Street, said monument being located 2369.27 feet North of a point which is 506.10 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS", said monument being where the southeasterly line of land now or formerly of Gada intersects the southwesterly line of Hedge Street; and RUNNING THENCE along the southwesterly and westerly line of Hedge Street the following two (2) courses and distances: 1. South 30 degrees 58 minutes 20 seconds East, 118.90 feet; and South 01 degree 27 minutes 10 seconds West, 68.10 feet to the northwesterly line of land now or formerly of Toglia; THENCE along the northwesterly and northeasterly line of the last mentioned land the following two (2) courses and distances: South 40 degrees 02 minutes 20 seconds West, 172.28 feet; and North 59 degrees 53 minutes 00 seconds West, 149.64 feet to a fence post and the southeasterly terminus of a road to Montauk Avenue; THENCE North 38 degrees 34 minutes 10 seconds East partly along the last mentioned land and padly along the southeasterly line of land now or formerly of Gada, 290.04 feet to the monument at the point or place of BEGINNING. TOGETHER WITH and SUBJECT TO the following right of first refusal and easement and right to use dock which shall run with the land and be binding upon and inure to the benefit of the party of the second part and any of their lineal descendants (the "Goss Family") who may then have an ownership interest in the premises conveyed hereby (hereinafter "Hedgeview") so long as one or more of Frank W. Burr, Jr., Margaret M. Burr or any of their lineal descendants (the "Burr Family") have an ownership interest in the premises being conveyed to Frank W'. Burr, Jr. and Margaret M. Burr by the pady of the first part by separate deed of even date herewith, said premises being transferred to Burr being situate at Hedge Street, Fishers Island, Town of Southold, County of Suffolk and State of New York and being designated on the Suffolk County Tax Map as District 1000, Section 10, Block 7, Lot 15 (hereinafter "Harborview"). For purposes of the rights and easement set forth in Sections 1 and 2 below, the term "Hedgeview Owners" shall mean and include all of the members of the Goss Family who then have an ownership interest in Hedgeview and the term "Harborview Owners" shall mean and include all of the me~b'ers of the Burr Family who then have an ownership interest in Harborview. Section 1. Ri.qht of First Refusal. (a) The Hedgeview Owners shall not sell, give or otherwise transfer or convey Hedgeview, except to a member of the Goss Family (which transfer or conveyance may be of a fractional interest in Hedgeview), without first offering Hedgeview to the Harborview Owners in accordance with the further terms of this Section 1. (b) (i) If the Hedgeview Owners desire to sell, give or otherwise transfer or convey Hedgeview to anyone other than a member of the Goss Family, they shall first offer it for sale to the Harborview Owners who shall have the first right to purchase Hedgeview in such proportions as they shall agree but, in the absence of agreement, in the same proportions as their then ownership interests in Harborview. (ii) If the Hedgeview Owners and the Harborview Owners shall be unable to agree on the purchase price for Hedgeview, the price at which the Harborview Owners shall have the right to purchase Hedgeview shall be an amount equal to ninety-five percent (95%) of the Appraised Value (as determined in accordance with subsection (b)(iii) below). (iii) If the circumstances contemplated in subsection (b)(ii) above shall arise, then the Hedgeview Owners shall obtain a written appraisal of the then current fair market value of Hedgeview and deliver the same to the Harborview Owners. If the Harborview Owners do not deliver a second appraisal of the then current fair market value of Hedgeview to the Hedgeview Owners within forty-five (45) days of delivery of the first appraisal to them, then the fair market value set forth in the first appraisal shall be the "Appraised Value" for purposes of subsection (b)(ii) above. If the Harborview Owners do so deliver the second appraisal within such time period and the then current fair market value of Hedgeview reflected on the second appraisal is not less than ninety percent of the fair market value shown on the first appraisal, then the "Appraised Value" for purposes of subsection (b)(ii) above shall be the average of the fair market values shown on the first appraisal and the second appraisal. If the then current fair market value of Hedgeview reflected on the second appraisal is less than ninety percent of the fair market value shown on the first appraisal, then the Hedgeview Owners and the Harborview Owners shall cause their respective appraisers to appoint a third appraiser to conduct a third appraisal of the then current fair market value of Hedgeview and such value shown on the third appraisal shall be the "Appraised Value" of Hedgeview for purposes of subsection (b)(ii) above. (iv) No appraisal shall satisfy the conditions of this subsection (b) unless made by an appraiser duly certified by the State of New York to perform appraisals of residential real property. (c) If, through no fault of the Hedgeview Owners, the Harborview Owners do not consummate the purchase of Hedgeview within sixty (60) days of the date the Appraised Value is finally determined in accordance with subsection (b)(iii) above (or by such other closing date as the parties shall have agreed to in a contract of sale), then the Hedgeview Owners shall be entitled to sell Hedgeview to any third party at any time thereafter free of the restrictions set forth in this Section 1. (d) The rights and obligations set forth in this Section 1 shall terminate and be of no further force or effect upon the earliest to occur of the following: (i) recording of an instrument, duly signed and acknowledged by all of the then current Hedgeview Owners and all of the then current Harborview Owners, providing for such termination; (ii) the first date that no member of the Goss Family shall have an ownership interest in Hedgeview; (iii) the first date that no member of the Burr Family shall have an ownership interest in Harborview; or (iv) failure of the Harborview Owners to consummate the purchase of Hedgeview, through no fault of the Hedgeview Owners, within sixty (60) days of the date the Appraised Value shall have been finally determined in accordance with subsection (b)(iii) above (or by such other closing date as the parties shall have agreed to in a contract of sale). (e) Under any circumstances in which the Harborview Owners have agreed to purchase Hedgeview from the Hedgeview Owners, the Hedgeview Owners shall be obligated to deliver title to the Harborview Owners free and clear of all liens and encumbrances other than real estate taxes for which adjustment is made at the closing. (f) The rights and obligations set forth in this Section 1 may be amended or modified and any terms hereof may be waived by the recording of an instrument, duly signed and acknowledged by all of the then current Hedgeview Owners and all of the then current Harborview Owners, providing for such amendment, modification or waiver. Section 2. Easement and Riqht to Use Dock. (a) The Hedgeview Owners shall have an easement or right of way to pass and repass by foot over such portions of Harborview as may reasonably necessary for them to gain access to the dock appurtenant to Harborview and to make reasonable use of the dock on a non-exclusive basis with the Harborview Owners. (b) The easement and right granted herein shall be personal to the Hedgeview Ownei-s and members of their immediate family and, unless the Harborview Owners shall have given their express written consent, shall not extend to tenants of Hedgeview or other persons who may be using or occupying Hedgeview from time to time. (c) The rights and obligations set forth in this Section 2 shall terminate and be of no further force or effect upon the earliest to occur of the following: (i) recording of an instrument, duly signed and acknowledged by all of the then current Hedgeview Owners and all of the then current Harborview Owners, providing for such termination; (ii) the first date that no member of the Goss Family shall have an ownership interest in Hedgeview; or (iii) the first date that no member of the Burr Family shall have an ownership interest in Harborview. (d) The rights and obligations set forth in this Section 2 may be amended or modified and any terms hereof may be waived by the recording of an instrument, duly signed and acknowledged by all of the then current Hedgeview Owners and all of the then current Harborview Owners, providing for such amendment, modification or waiver. PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www, orps.state.ny.us or PHONE (518) 473-7222 I FOR COUNTY USE ONLY C1. swig Code ~ I REAL PROPERTY TRANSFER REPORT ' '"'- -' "--" RP- --17 t P~pe~ (no #) I Hedge Street j ] To~n sE 5ouChold [ Fishers Island ] 06390 Goss Goss 3. Tax Indicate where futura Tax gills are to be sent Billing if other than buyer address (at bottom of form) Address [ 4. Indfoato the number of Amssment Roll pa~ls transferred on the deed , ,1 I a of Parcels OR [~ Part of a Parcel 5. Deed ~'.-w L Ixl JORI ..... 8 .3 I e. Sdlur I Burr J Frank [ Burr [ Grace Agricultural [[--] Community Sewise Commemisl !~ Industrial Apartment Public Service 12 / '2-)/ 08 I B ~ 2 or 3 Family Residential C ~,~ Residential Vacant Land ])U Non-Residential Vacant Land [ ! U I SA,E .FO.M^TION I 12. Date of Sale I Trtutater I t2 /'l") / 08 I 13. FullSelePrlee I ........ 0 , 0 , 0 I ~ ! · {Full gale Price is the total amount paid for the property including personal property. ~lis payment may be in the form of cash, other groper(y or goods, or the assumption of 14.1ndlcato tho value of poJtmtal [ ...... 0 , 0 , 0 i properly included In the ule ~l ! · ASSESSMENT INFORMATION - Data should reflect tho latest Final Assessment Roll and Tax Bill 16. Year of As~e~ment flofl from [ 08t 091 17. Total Alaesssd Value (of afl parceb in transfer) [ I (Only if Part of a Parcel) Chedc ss they ~ Planning Board with Subdivision Authority EJests [] Subdivision Approval was Required for Transfer [] Che~k the boxes below as they apply:. a Ownership Type is Condominium U 9. New Construction on Vacant Land [] I~A. Propen'y L.oeatod within an Agricultural Distfist 10B. Buyer received a disclosure notice indicating that ~he properly is in an Agricultural Dtstric~ 15. Cse~k one o~ mm of ~ ~tioru Is appl!~ to trandm:. Sale Between Belativ~s or Former Relatives Sale Between Related Companies or Partners in Business One of the Buyers is also o Seller I) 'Buyer or Seller is Government Agency or Landing Institution i-' Dc, ed Type not Warranty or Bargain and Sale (Spacify Below) Sale of Fractional or Lass than Fee Interest (Specify Below) Significant Change in Probe~'y Between Taxable Status and Sale Dates Sale of Business is Included in Sale P~ice Other Unusual Factors Affecting Sale Price {Specify Below) J None trans£er v'lthout consideration ....... 5,8,0,0[ tS. ~o~erty Cbt. I 2. ~0 I.J I tS. Behoof nietrJet Nmne I Fishers Island 20. Tax Map Idemlflm(a) I Roll Idemb(s) lB rno~ than four. attach sleet wRh ediitionel Iclentifior(t)l I 1000 - 010.00 - 07.00 - 011.000 I I I J t I I CERTIFICATION I I certSy that ag oF lite Item.q oF Inrormation entered un lids farm ale Imf and coret~l (to lb.. Iaea at' my kmmJedge and belief) and I undee,~and that the suing BUYER It2/ ~) /08 3301 [ ~. Alber~arle Street ArZtngton VA 22207 I I SELLER BUYER'S A'ITORNEY HaTO [ Stephen L., III (631) I 283-2400 I NEW YORK STATE COPY I 2/9 /08 Frank 14. Burr