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HomeMy WebLinkAboutL 12232 P 907 a~ of THI81NDENTURE. madevthe 17t~ dayof ~[Ib;~c ,.~,~%~', 200~, BE'P~T=EN ANNE 8. HO[.ZNER, residing at ~47 I. aClair Ilmeh Pil~bu~h. Penrmylvanie 18211 and HIGH HOU8E ._WOODS, INC., with im icldre., r./o Weitdy Pfellwllz, 11~ Wendell 8treat, Cambridge, Maslachu~.;.'-- 0213l party of the first par[, and JUDY L. DART. ~kllng at ~ IAd"'n Nask ~ Peconlc, New York 119~8 pa~y of the socond 'pad. WITNE88ETH. that the perly of the first part. In ~onsicieretlon of ten ($10.00) and other valuable consideretlen pa~ by the party of the second pelt, does hereby grant end release unto the party of the second part. the heirs or su _-~_~rs and assigns o/the party of the second p~l forever. N_L N certain plot, piece or parcel of land, with the buildings and Improvements thereon erected, situ~e, lying and being at Pelonis. in the Town of 8oothold, County of Suffolk and 5tat~ of New Ysr[(, being Lot 4 on the Minor Subdivision Map of Samuel B. Prellw~tz, mom particolarly Ixmnded end de~=,2Hbed on ScJter[ule 'A' annexnd hereto and made a part hereof. SF-~ BIDER ~ HERETO A~%~) Z,~%DE A PA~T ~. ,/ BEING AND INTENDED TO BE the same premises as conveyed to the pa~y of the first part by deed dated ~ugust 9, 2002 anzl recorded In the Suffolk County Clerk's Office on August 20. 2002 in Uber 12204 at Page 602, TOGETHER with all right, title Ind Intemot. if any. Of the par[y of the first peri in iulcl to any ~reat~ and (oads abutting the above dascHbod premises to the center lines thereof; TOGETHEI~ with the appurtenanc,~s 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 helm or successors and -,~=~na oftbo party Of the second part forever. AND the patty of the first part covenants that tho party of the fiat part has not done or suffered anything whereby the said promises have been enc~Jmbdrecl in any way whatever, except as AND the party of the fl~t part, in coml~lianca with 8sabon 13 of the Lien Law, covenants that the party of the first part will receive the cooslr[eraUon for this ~onveyanse end will hold the right to receive such consklerotlon as a trust fund to be applied first for Ihe p~ of paying the c~_~ 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 pufl~ose. The word 'party' shall bo construed as if it read 'patties' when ever the sense of this indenture so requires. IN WITNF.88 WHEREOF. the party of the first par[ has duly executed this deed the day and year first above written. IN PRE.;ENC~ OF AZ~E S. HOCZ~ER~ STATE OF MASSACHUSETTS) COUNTY OF ~iiddlesex On the ~.~ ~iay of December, in {{me year 2002, before ,,,~, {he under.raj, personally a~ WENDY PRELLWI2Z, penmmdiy lmown to me o~ proved to me on ~he basis of satisfactory evidence to be the individual(s) whos~ mu~(s) igare subscdbed the within insffument and acknowledged to me that hr./she/they executed the ~me in him/h~'lth~ir capacity(ms), and that by hi~her/dmir siguam~s) ou said i~su, uu~, the indiv{a,,-~(s), o~ th~ person upon beha~ of which Ibc individual(s) acted, execuu~i u',is inmument, and thai such individual made such apl~mm~e before Ihe undersigned in fl,.e 11 · ,.1-- .~. mm.: . ~ { s,,-.- . . ~monally aPl~ared ANNE S. HO!.~-NER, personally known to me or proved to n~ on bnsim of salisfn~ory evidence to be the individual(s) whose nnn~(s) is/are s~ to tl~ wilttin instrument and admowledg~l to me that he/she/fl~y e. xecu~l the san~ in his/herlcheir eapacity0es), and that by his/~/~ signatu~(s) on said ins~m~nt, tl~ individual(s), or tl~ pe~on upon behalf of which the individual(s) ac~l, exe. cu~l this ~/.'~.v..~?, ,? ~.../ ~.t~.tnw~ in {'~.NNSYLVANIA ~ c~) /./ O (tn,,, S~ of como) Notary Public TO BE USED ONLY WHEN THE ACKNOWLEDGMENT 18 MADE IN NEW yORK STATE 8thta of New YO¢~ County of #: Stai® of New York, County of Ss: On the day ~f in the yeor On the day of in the year be(me me. the undereigned, penl~n~Jy I~opilred bofm~ me. the unde~lani4, porlOnlliy Ippelre4 pMionally known to me or provKI to me on the be,ii of perlMlelly lu~wn to me or pm~ed to me on the be~ or $-"sflctory eMclen(~ to be the InMual(i) whose name(s) b ~ettlfIK~ly ~ to he the Indivtclual($) whole rllme(8) is (ire) lub~:ribed to the w'4hin Initnunen~ and KknMedged to (ere) lubeaMxid to the Win Instrument I~d idmoMedged th me thai hWihehhey .w.~.tad the ,ame In hi,A~rhheir me thal~ hi/ihWthey ~ the ienre kl hli/hM/thelr r4pacth~ll~), end that by hi~hM~lM~ aignaiu/Ks) on the ceped~lel), end thai by N~herAhek' $1gr4tom(a) on the instrument, the indMdual(8), or the pore~n upon behalf of whiG~ In~ruml/~ the IndlviduiKe). or the ~ upon behalf of which the IndiMdull(i) ed4(~. ~ the IniITureent. the IndM(AMK$) i.~.~_, eMecutod the Inairement ('~gnabJre e,d of~ca of Individual taJdng mcknoMedgment) (einnMore Ind of/i~e of Individual taking mcknowtadgment) TO BE USED ONLY ~NHEN THE ACKNOWLEDGMENT IS MADE OUTalDE NEW YORK 8TAT~ State (or District of Columbia, Tenitoly. or Foreign Countw) of si: On the day of In the year before me. the underligned, pM$onally eppe, red pemonally known to me or proved to me on the bises of la~isto.~ory evidence to be the Individual(s) whose nMne($) i$ (are) iub~Mlbid to the within inalmment ind acknowledged to me that he/she/they ex~Kutad the #me in hial'nerAhalr r. lpa(~lty(d), ind thai by hi~'nMAhMr eignature(s) on the Insbumont, the individual(i), or the perion upon behalf of wNr. h the IndMduM(s) ecKutad the Instrument, and that sur. h Individual made .~=h Bpp~renon before the undereigned in the in (iMmt ~, City or other poibcei IctxlMe~fl) (md ~ th~ 8t~m M Cmm'uy or Mher piece the IGknowMd~mW ~l, ~ken) (~gnaiure and ot1~e of ;mlk4dual ta~blg ackflewbdgmeM) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S AC1'8 Title No. SECTION BLOCK LOT COUNTY OR TOWN STREET ADDRESS honwealth Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY DC'fljp_~! _Dy u~!,_ PHILIP CARDINAL.E, ESQ. CARDINALE & CARDINN. E BOX 2021 JAMESPORT. NY 11947 RIDER TO DEED FROM ANNE $. HOLZNER ~ [ AND HIGH HOUS£ WOODS, INC., PARTY OF ~ ~'~le~T PART ~ TO z ~JDY L. DART, PARTY OF TH~ SECOND PART TOi3ETHER WITH a right of way for bathing pm'pores m Peczmic Bay over other ~ lands of High H~ouse Woods, Inc. herein design*~-a m P~rcel I on a minor ~ibdi~ision may known es High House Woods, prel~ued by Rodmic& V~n Tuyi Amended March 18, ~ 1980', which subdivision was approved .by the Somhuld Town Planning Bo~d on August _~ 18, 1980. Saldrightofwayismorepar~d~riy~hown~masorvey mannex ~.~ hereto and made a pm hereof. S=/d right of way ~ hq_. for pedesUian me only and no trees shall be removed by the grantee within the confines of the right of way nor shall any lights be installed. The grantees also agree to pay their pro-raM share of flint portion of the bulkhead repair which fronts on the right of way along with owners of panels ~_ and ~ on the above referenced subdivision. The right of way to Peconic Bay for b~thing purposes shall include the right to use thc 25 foot strip of beach for sunbathing thc beaching of small water craft and the right to construct steps to the beach. SUBJECT TO THE FOLLOWING COVENANTS AND RESTRICTIONS: (I) No live trees of caliper greater than six inches shall be removed without permission of High House Woods, Inc. (herein "HHW"), except for house siting, driveway.construction and yard construction. Approval shall not be unreasonably w~thheld. (2) No building shall be erected, altered, placed or permitted to remain other than a one family private dwelling for thc use and occupancy of one family not to exceed two and one-half stories in height and private garage. Notwithstanding the foregoing, there shall be permitted such accessory buildings, swimming pool, cabanas, tennis courts, and guest house as may be permitted under thc Zoning Ordinance of the Town of Southoid. A one-story dwelling erected thereon shall have a first floor area of not less than 1200 sq. ft. and u two or two and one-half story dwelling shall have a first floor area of not less than 900 sq. fl., not including porehcs, breezeways, cmports or garages. No s~ru~mre shall be erected until the bu/Iding plans for it have been ~pproved in writing by HHW, it being understood that such ~pproval sinfll be concerned with the exterior appearance and materials. Such approval shall not, however, be unreasonably withheld. (3) In order to insure pcrsonal privacy to thc maximum practical dcgrec, the grantees and their heirs and ess~gns ~.c to .m2~n~ai~npi_anting screening between ym'd use areas of adjacent properties, includ~ h'a40 fl.//'CTE~*n/~ the eastern lot linc and the d/'iving right.of, way,-which acx~en az~a s~ nm alc~ th~ ent/~0 easterly 1/r~ of th~ ~-~,,~ses oonveyecl herein. ' (4) No noxious or offensive activity shall be carried on upon the premises nor shall anything be done thereon, which may become an annoyance or nuisance in the neighborhood. No horses or other farmyard type animals arc permitted. (5) Upon grantees' request, HHW, its successors and assigns, shall have thc right to alter, modify or annul any of these resffictions by an agreement in recordable form and failure by HHW, its successors and assigns, to enforce any of these prov/sions shall not be deemed a waiver of the right to do so thereafter. Title Number MAR316-$ Schedule A Description Page 1 AMENDED 01/1712003 ALL that certain plot, piece or pamel of land situate lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 4 on the Minor Subdivision Map of Samuel B. Prellwitz, more particularly bounded and described as follows: BEGINNING at a monument set on the southerly line of Indian Neck Road at the northeasterly comer of land of Cukor and the northwesterly comer of the premises herein described, said monument being 1695.52 feet easterly along said Indian Neck Road from the easterly line of Robinson Road; running thence along said southerly line of Indian Neck Road the following two courses and distances: (1) north 89 degrees 21 minutes 30 seconds east 64.17 feet; (2) south 73 degrees 37 minutes 00 seconds east 274.71 feet; thence south 21 degrees 20 minutes 50 seconds east, 225.05 feet along Lot 3 on the Minor Subdivision Map of Samuel B. Prellwitz to a point; thence north 86 degrees 47 minutes 10 seconds west 291.32 feet to a point; thence north 23 degrees 44 minutes 30 seconds west 295.0 feet to a monument set on the southerly side of Indian Neck Road being the point or place of BEGINNING. TOGETHER with a right of way to Peconic Bay for bathing purposes, over other lands of the grantors herein designated as Parcel I on a minor subdivision known as High House Woods, prepared by Roderick Van Tuyl, amended March 18, 1980. Said right of way is more particularly shown on a sun/ey which is annexed hereto and made a part hereof. Said right of way shall be for pedestrian use only and no trees shall be removed by the grantee within the confines of the right of way, nor shall any lights be installed. The grantees also agree to pay their pre rate share of that podion the bulkhead repair which fronts on the right of way along with owners of Parcels 1 and 3 on the above referenced subdivision. The right of way to Peconic Bay for bathing purposes shall include the right to use the 25 foot strip of beach for sun bathing, the beaching of small water craft, and the right to construct steps to the beach. / Number of pages ~} TORRENS Serial # Certificate # Prior C~E # Deed / Mort~ase instrument Handling ~ ~ TP-$84 ,'C~/ Notation E~-52 17 (County) EA-52 i 7 (Slate) R-P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other ~,C~ ~' Deed I Mortgage Tax Stamp I~EES , Sub To,al ~ oo -- SubTotal tT~'/ -- GRAND TOTAL, /0 ~" ~' RECORE~E0 2003...tart 29 0~t52= 18 PH Edward P. i~o~at ne CLERK 0F SUFF0~ ~TY L ~122~2 P ~7 bTa 02-25245 Recording, / Filing Stamps Mortsa&e Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. 0! Spec./Add. TOT. MTG. TAX Dual Town.. Dual County_ Held for Apportionment __ Transfer Tax ~ ,~'. ' Mansion 'Fax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES. or NO__ It' NO, see appropriate tax clause on pa&e fl __. Of Ih is [nslrumenL Stamp Date Initials Real Property Tax Service Agency Verification Dist._ Section___ B lock_. LOt 03003376 zooo oeeoo o7oo 007004 JME A Satisfactions/Discharses/Releases List Property Owners Mailing Addres,, RECORD & RETURN TO: Community Preservation Fund Consideration Amount CPF ta.x Due $ "'" '1 ]'his page forms part oftl~ attached Implx)ved L,and TD TD TD Is I Title Company Information Co. Name ~ar-~14x.~ Title# ~RR~ Suffolk County Recording & Endorsement Page House bJooas /nc' TO (SPECUTY TYPE OF INSTRUIVlENT) The premises herein is situated in SUFFOLK COUNrI'Y, NEW YORK. In tl~ Township of In the VILLAGE or HAMLET of made by: BOXES 5 ']HKU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FI LING. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 6 TRANSFER TAX 1T~4BER: 02-25245 District: Seotion: Block: 1000 086.00 07.00 Recorded: At: LIBER: PAGE: EXAMI'NED AND CI~.~T~ED AS FOLLOWS $327,000.00 01/29/2003 03:52:18 PM D00012232 907 Lot: 007.004 Received the Following Fees Page/Filing $18.00 COE $5.00 EA-C'I'Y $5.00 TP-584 $5.00 L~T $30.00 T~nsfer tax $1,308.00 TI~tNSFER TAX NUMBER: 02-25245 TBIS PAGE ZS Above Instrument Exempt NO Handling NO NYS SURCHG NO EA-STATE NO Cert. Copies NO SCTM NO Fees P&id A PART OF THE INSTRUMENT Exempt $5.00 NO $15.00 NO $25.00 NO $0.00 NO $0.00 NO $5,040.00 NO $6,456.00 Edward P.Romaine County Clerk, Suffolk County P PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www.orps.state.ny.us or PHONE 1518) 473-7222 REAL PROPERTY TRANSFER REPORT RP - 5217 FOR COUNTY USE ONLY c~ sw~s cod. I <~L g ,~ , ~,?' I ,~ PROPER~ INFORMATION I 1. P,ope.~ [ I Indian Neck Road [ Peconlc - Sou~hold [ j j [ Dare [ Judy L. ] 2. Buyer Name 5. Deed , [ I # of Parcels OR ~ Par~ of a Parcel HiGH HOUSE WOODS, INC, I SALE INFORMATION o21 13. Full Sale Price I , , , 3 ~ 2 7 Q 0 P , 0 , 0 I 14 Indicate the value of personal I i ~1 0 0 I property included in the sale ~ ~ ~ I I ~ . ASSESSMENT INFORMATION - Da~a should reflem the latest Final Assessment ~oll and Tax Bill ~ ½ ,2,4p0, I 1000-086.00-07.00-007.004 I CERTIFICATION SELLER BUYER'S A3'FORNEY R CARDINALE I PHILIP 631 I 722-4744 t NEW YORK STATE COPY