HomeMy WebLinkAboutL 12576 P 264SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED
Number of Pages: 6
Receipt N,,mher : 08-0122647
TRANSFER TAX NUMBER: 08-12306
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:
08-12306
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
264
Lot:
015.000
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.
31
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
FEES
RECORDED
2008 Dec 30 09:47:26 RH
Judith R. Pascale
CLERK OF
SUFFOLK COUNTV
L D00012576
P 264
DT~ 0@-12306
Recording / Filing Stamps
Page / Filing Fee ~
Handling ~(~) ~' ~ O0
TP-$84 S ~
Notation
EA-$2 17 (County) ~
EA-5217 (State) ~,,...~ ~
R,P.T.S.A.
Comm. of Ed. 5. 00
Affidavit
Certified Cop~ ~ 20
NYS Surcharge '~'~ 15. 00
Other
4 I Dist.
Real Property
Tax Service
Agency
Verification
6
8
Sub Total
SubTotal 1~).20
Grand Total I00.
10p^lllR030847_._ ~ooo ozooo ovoo o~sooo
Satisfactions/Dis~har~'~TR~leases List Property Owners Mailing Address
RECORD & RETURN TO:
STEPHEN L. HAM, III, ESQ.
MATTHEWS & HAM
38 NUGENT STREET
SOUTHAMPTON, NY 11968
O0 5
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 Cf __ of this instrument.
Community Preservation Fund
Consideration Amount
CPF Tax Due $
Improved
Vacant Land
TD
TD
TD
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY
www.su ffolkcou ntyny.gov/clerk
11901
CTo. Lame Title Company Information
T tie Cf
Suffolk County Recording & Endorsement Page
This page forms part of the attached DEED
by:
FRANK W. BURR and GRACE E. BURR
(SPECIFY 'D'PE OF I. NSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
made
TO In theTOWN of SOIJTHOLD
FRANK W BI/R_R., J'l~, In theVILLAGE
and MARGARET M BI ~RR. or HAMLET of FISHERS ISLAND
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
rover)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS 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 Hollis Drive, Ho Ho Kus, New Jersey 07423,
party of the first part, and
FRANKW. BURR, JR. and MARGARET M. BURR, 14 Kress Road, Hingham, Massachusetts 02043,
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 October
11, 1980 and recorded in the Office of the Suffolk County Clerk on November 10, 1980 in Liber 8912 page 301.
TOGETHER WITH and SUBJECT TO the right of first refusal and easement and right to use dock as set forth
on Schedule A hereto.
..... ~ ;TOG~ETHER 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
~. / ,~ ~hei-¢in ~r~nt.ed unto the party of the second part, the heirs or successors and assigns of the party of the second
!' i .'. 'part:'ror~v~r~
-~.'..' .'~. AND,the~-~rty 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 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:
F'~n~-W. Burr - ' '-'
.:
Grace E. Burr
Standard N.Y.B.T.U. Form 8002 - Bargain and Sale 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
State of New York, County of ss.:
On the da~ ~f.. 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
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/hedtheir 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 tS MADE OUTSIDE NEW YORK STATE
BARGAIN AND SALE DEED
WITH COVENANT AGAINST GRANTOR'S ACTS
State of New Jersey, County of I~e_,/~e,,~ ss.:
On the ~'/~X-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 Io 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 ¢¢ ~,o,.,..,]L O/r- /~,~-/ in the State of New Jersey.
(insert the City or other political subdivision)
(signature and office ~~,q
My Commission Expires On: ~i~
DISTRICT 1000
Title No.
FRANK W. BURR and GRACE E. BURR
TO
FRANK W. BURR, JR. and MARGARET M. BURR
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS
Dis~buted by
SECTION 010.00
BLOCK 07.00
LOT 015,000
COUNTY OR TOWN
STREET ADDRESS
SUFFOLK - SOUTHOLD
(NO #) HEDGE STREET
FISHERS ISLAND, NY 06390
RETURN BY MAIL TO:
RESERVE THIS SPACE FOR USE OF RECORDING OFFICE
SCHEDULE A
TO
DEED
Party of the First Part:
Party of the Second Part:
Deed Dated:
Frank W. Burr and Grace E. Burr
Frank W. Burr, Jr. and Margaret M. Burr
December 2-.,~, 2008
BEGINNING at a point on the easterly line of Hedge Street, said point being located
2230.00 feet North of a point which is 412.86 feet West of a monument marking the United
States Coast and Geodetic Survey Triangulation Station "PROS"; and
RUNNING THENCE North 01 degree 27 minutes 10 seconds East along the easterly line
of Hedge Street, 46.09 feet to a monument and land now or formerly of Hochs;
THENCE North 72 degrees 40 minutes 00 seconds East along the last mentioned land and
passing through a monument, 185.16 feet to a sea wall;
THENCE South 02 degrees 22 minutes 06 seconds East along said sea wall, 51.30 feet
to land now or formerly of Buckley;
THENCE South 74 degrees 29 minutes 00 seconds West along the last mentioned land
and passing through a monument, 186.85 feet to the easterly line of Hedge Street at the
point or place of BEGINNING.
TOGETHER WITH all right, title and interest, if any, of, in and to lands lying between the
above mentioned sea wall and the mean Iow water mark of Great Harbor AND TO LANDS
UNDER THE WATER OF Great Harbor in front of and adjoining the above described
premises on the east.
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 "Burr Family") who
may then have an ownership interest in the premises conveyed hereby (hereinafter
"Harborview") so long as one or more of Chauncey P. Goss, Allison B. Goss or any of their
lineal descendants (the "Goss Family") have an ownership interest in the premises being
conveyed to Chauncey P. Goss and Allison B. Goss by the party of the first part by
separate deed of even date herewith, said premises being transferred to Goss 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 11 (hereinafter "Hedgeview"). For purposes of the rights and easement
set forth in Sections 1 and 2 below, the term "Harborview Owners" shall mean and include
all of the members of the Burr Family who then have an ownership interest in Harborview
and the term "Hedgeview Owners" shall mean and include all of the members of the Goss
Family who then have an ownership interest in Hedgeview.
Section 1. Ri.qht of First Refusal.
(a) The Harborview Owners shall not sell, give or otherwise transfer or convey
Harborview, except to a member of the Burr Family (which transfer or conveyance may be
of a fractional interest in Harborview), without first offering Harborview to the Hedgeview
Owners in accordance with the further terms of this Section 1.
(b) (i) If the Harborview Owners desire to sell, give or otherwise transfer or convey
Harborview to anyone other than a member of the Burr Family, they shall first offer it for
sale to the Hedgeview Owners who shall have the first right to purchase Harborview in
such proportions as they shall agree but, in the absence of agreement, in the same
proportions as their then ownership interests in Hedgeview.
(ii) If the Harborview Owners and the Hedgeview Owners shall be unable to agree
on the purchase price for Harborview, the price at which the Hedgeview Owners shall have
the right to purchase Harborview 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 Harborview Owners shall obtain a written appraisal of the then current fair market
value of Harborview and deliver the same to the Hedgeview Owners. If the Hedgeview
Owners do not deliver a second appraisal of the then current fair market value of
Harborview to the Harborview 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 Hedgeview Owners do
so deliver the second appraisal within such time period and the then current fair market
value of Harborview 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 Harborview
reflected on the second appraisal is less than ninety percent of the fair market value shown
on the first appraisal, then the Harborview Owners and the Hedgeview Owners shall cause
their respective appraisers to appoint a third appraiser to conduct a third appraisal of the
then current fair market value of Harborview and such value shown on the third appraisal
shall be the "Appraised Value" of Harborview 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 Harborview Owners, the Hedgeview Owners do not
consummate the purchase of Harborview 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 Harborview
Owners shall be entitled to sell Harborview 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 Harborview Owners
and all of the then current Hedgeview Owners, providing for such termination; (ii) the first
date that no member of the Burr Family shall have an ownership interest in Harborview;
(iii) the first date that no member of the Goss Family shall have an ownership interest in
Hedgeview; or (iv) failure of the Hedgeview Owners to consummate the purchase of
Harborview, through no fault of the Harborview 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 Hedgeview Owners have agreed to purchase
Harborview from the Harborview Owners, the Harborview Owners shall be obligated to
deliver title to the Hedgeview 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 fodh 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 Harborview Owners and all of the then current
Hedgeview Owners, providing for such amendment, modification or waiver.
Section 2. Easement and Right 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 reserved herein for the benefit of the Hedgeview Owners
shall be personal to the Hedgeview Owners 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 Harborview Owners
and all of the then current Hedgeview Owners, providing for such termination; (ii) the first
date that no member of the Burr Family shall have an ownership interest in Harborview;
or (iii) the first date that no member of the Goss Family shall have an ownership interest
in Hedgeview.
(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 Harborview Owners and all of the then current
Hedgeview 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
1. Pmpe,VL~,tio, I (no #) I Hedge Street
I Tmm of Southold I Fishers Island I 06390
Buyer ] Burr I Frank ~/., Jr. [
[ Burr [ Harsaret H. [
3. TBx lng;cate wheze futura Tax Bills ~ to ~ ~nt
Billinif ef other than burr a~rm iai ~uom of ~) [ [ [
4. Indicate the nunlbe~ of As~esanlent
5. Deed
Prop,-v I IX[
, ,1 I #of Parcels OR [__~ Pa~ofaPmcel
JoRI . . . 2.0 I
(Oely if Pm d a Parcel) CIl~h as th~ ~
4A. PJann;ng Bcard with Subdivision Authority E~ists []
Burr I Frank I~.
Burr I Grace
7. Check the box below which most iccuratdy deecrlbes the uae of the property at the tinle of sale:
AL~ One Family Residential
2 or 3 Family Residential
D Non-Residential Vacant Land
SALE INFORMATION I
Agricultural I [] Community Service
Commercial J ~,~ Industrial
Apartment KI,~ Public Service
Entertainment / Amusement EL_] Forest
I 12 / ?-3/ 08 I
12. D.th of Sale / Transfw
I 12 / ~',~ / 08 I
'~3. Fu. s~;e ~r~ / ........ 0, O , 0 I
(Full Sale Price is the total aniounl paid for the properly includlnif pa[serial Omparty.
14.1ndiutethevaluedp~ [ , , , O, 0 , 0 I
ASSESSMENT INFORMATION - D~a should reflect the I~est Final ~sessment Roll ~nd Tax Bill
16. Yflr d ~m ~11 hm [ 08~ 09] 17. T~I ~a~ Value id iii ~meb in ~a*r) ]
8. Ownership Type is Condominium []
9. New Construction on Vacant Land []
J None
transfer without consideration
5,7,0,01
½ ' , ½ ' , ~
lif. Prop,rtyCb, I 2, l,O I'l I 19. SchoolSlstrlctNama [ Fishers Island I
1000 - 010.00 - 07.00 - 015,000 I J
I I I I
CERTIFICATION I
BUYER
Frank T4. Burr, Jr.
14 I Kress Road
112/ ~-~ /08
Hingham
02043
I
SELLER
Frank W. Burr
112/ ~'.~ 108
BUYER'S ATrORNEY
Ham I Stephen L., El1
(631) I 283-2400
I NEW YORK STATE
COPY