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