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HomeMy WebLinkAboutL 12613 P 637SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED ~m~er of Pages: 7 Receipt N-m~er : 10-0007563 TRANSFER TAX NUMBER: 09-14468 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 010.00 05.00 EXAMINED AND CHARGED AS FOLLOWS $269,500.00 01/20/2010 10:11:36 AM D00012613 637 Lot: 012. 022 Received the Following Fees For Above Instrument Exempt Page/Filing $35.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $8.75 NO RPT Transfer tax $1,078.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 09-14468 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $20.00 NO $15.00 NO $250.00 NO $0.00 NO $50.00 NO $3,890.00 NO $5,361.75 JUDITH A. PASCALE County Clerk, Suffolk County .', Number of pages This document will be public record. Please remove all Social Security Numbers RECORDED 2010 Jan 20 10:11:36 JUDITH A. PPSC~LE CLERK OF SUFFOLK COUNTY L D00012613 P 63? DT# 09-14468 prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 31 Page / Filing Fee Handling TP-584 (~O. 00 Notation EA-52 17 (County) EA-S217 (St~e)~ ,~. R.P.T.S.A. Comm. of Eci~.-,/ 5. O0 Affidavit ~.~rtified ~ NYS Surcharge 15. O0 Other FEES Su Tota, Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointrqent 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. 01- ©q- 4 I Dist. ReaIProperty Tax Service Agency Verification 6 8 .I 10000976 1000 01000 0500 012022 1000 01000 0500 013005 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: JOHN D. WOGAN, ESQ. LISKOW & LEWIS ONE SHELL SQUARE 701 POYDRAS STREET, SUITE 5000 NEW ORLEANS, LA 70139 5 Community Preservation Fund Consideration Amount $ 269. 500 CP~ax Due S 3,890 Improved ID Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY www.suffolkcou ntyny.gov/clerk C7o.!ame Title Company Information Chicago Title Insurance Company Tte# 3809 - O0~'~.[J 11901 Suffolk County Recording & Endorsement Page This page forms part of the attached by: FISHERS ISLAND DEVELOPMENT CORPORATION DEED (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In theTOWN of SOUTHOI.D WALTER C. FLOWER, Ill In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) C'ONSUI'T YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the '~ =~'day of December, two thousand nine, BETVVEEN FISHERS ISLAND DEVELOPMENT CORPORATION, a New York corporation with offices at (no #) Equestrian Avenue, P.O. Drawer E, Fishers Island, New York 06390, party of the first pad, and WALTER C. FLOWER, III, 408 Magazine Street, New Orleans, Louisiana 70130, party of the second part, WITNESSETH, that the party of the first part, in consideration of Two Hundred Sixty-Nine Thousand Five Hundred and 00/100 .................................. ($269,500.00) ......................................................... 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 those certain plots, pieces or parcels 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 padicularly bounded and described as set forth on Schedule A hereto. BEING AND INTENDED TO BE Block 44 - Lot 7 and a portion of a private road lying between said Block 44 - Lot 7 and Block 44 - Lots 4, 5 and 6, all as shown on the Map of Fishers Island Development Corporation, which said Map was filed in the Office of the Suffolk County Clerk on September 25, 1991 as Map No. A421, also constituting a podion of the same premises conveyed to the party of the first part by deed recorded in the Office of the Suffolk County Clerk on December 7, 1966 in Liber 6083 page 280. SUBJECT TO Declaration, dated June 22, 2009 and recorded in the Office of the Suffolk County Clerk on July 13, 2009 in Liber 12593 page 222 and to covenants, restrictions and agreements set forth in Schedules A and B hereto. By accepting this deed, the party of the second part acknowledges and agrees that the premises conveyed hereby, to the extent that separate portions thereof are not further conveyed (pursuant to the lot line change approved by the Town of Southold Planning Board) to James M. Baker and Diane M. Baker and to The Henry L. Ferguson Museum, Inc. by deeds recorded immediately after the recording of this deed, shall merge with and become a part of other premises of the party of the second p~rt adjoining the premises conveyed hereby on the north and shall not constitute a separate building site under applicable laws, ordinances, rules and regulations. TOGE:I'HER 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 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 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 wil~ 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: FISHERS ISLAND DEVELOPMENT CORPORATION Kathryn M.vP~i'sbrrs', 'President p,/AJ.~ t'~x..,L 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 STAT~ State of New York, County of ss.: On the day of in the year undersigned, personally appeared before me, the 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 he/she/they executed the same in his/her/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. State 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 individuals whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hefltheir capacities, and that by their signatures on the instrument, the individuals, 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 State of Connecticut; County of New London ss.: On the I '~ay of December in the year 2009 before me, the undersigned, personally appeared Kathryn M. Parsons personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the P,ch,~'~ in the State of Connecticut. (insert the City or other political subdivision) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. 3809 - 00509 FISHERS ISLAND DEVELOPMENT CORPORATION TO WALTER C. FLOWER, Ill STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Dist~buted by ~'S~~ o~,d~dg ment Notary Public otary ~P~blic, Connecticut y Comm~;ss.~ion Expires Aus. 31, 2011 DISTRICT 1000 SECTION 010.00 BLOCK 05.00 LOTS p/o 012.009 & p/o 013.001 COUNTY OR TOWN SUFFOLK - SOUTHOLD STREET ADDRESS (no #) private road off East End Road Fishers Island, New York 06390 RETURN BY MAIL TO: RESERVE THIS SPACE FOR USE OF RECORDING OFFICE SCHEDULE A to DEED Party of the First Part: FISHERS ISLAND DEVELOPMENT CORPORATION Party of the Second Part: Walter C. Flower, Ill Deed Dated: December 50, 2009 ALL those certain plots, pieces or parcels of land, 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 follows: PARCEL ONE FIDCO LOT 44 - 7 BEGINNING at a point in the southwesterly line of a private road fifty feet wide, said point being located 3019.12 feet West of a point which is 1232.19 feet South of a monument marking the United State Coast and Geodetic Survey Triangulation Station NIN"; and RUNNING THENCE South 50°47' 09" West, 407.11 feet to a point; THENCE North 43° 45' 36" West, 162.00 feet to a monument; THENCE North 11 ° 05' 00" West, 198.81 feet to a monument; THENCE South 65032' 20" East, 40.00 feet to a point, said point being at a point of curve to the right having a radius of 207.98 feet and the direction of whose radius at that point is South 65 ° 32' 20" East; THENCE northeastwardly and eastwardly following the arc of said curve, 287.90 feet to a point of curve to the right having a radius of 269.15 feet and the direction of whose radius at that point is South 13 o 46' 30" West; THENCE southeastwardly following the arc of said curve, 141.03 feet to a point in the southwesterly line of said private road, said point being at a point of curve to the left having a radius of 596.80 feet and the direction of whose radius at that point is North 57 ° 06' 15" East; THENCE southeastwardly along said road line and following the arc of said curve, 110.67 feet to the point or place of BEGINNING. Containing 2.67 acres, more or less. SUBJECT TO covenants, restrictions and agreements set forth on Schedule B hereto and to the following restriction: the use of that portion of the above described premises remaining in the ownership of the party of the second part (after the conveyance of other portions of such premises to third parties by deeds to be recorded immediately after the recording of this deed) shall be limited to planting and landscaping only except to the extent such portion of the above-described premises is encumbered by the conservation easement to be granted by the party of the second part to The Henry L. Ferguson Museum, Inc. and recorded immediately after the recording of this deed. PARCEL TWO PORTION OF PRIVATE ROAD BEGINNING at an iron pin set in the northwesterly line of the herein described tract, said pin being located 3445.86 feet West of a point which is 1117.00 feet South of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and also located at a point of curve to the right having a radius of 247.98 feet and the direction of whose radius at that point is South 48° 50' 40" East; and RUNNING THENCE northeastwardly following the arc of said curve, 126.36 feet to a point of curve to the right having a radius of 247.98 feet and the direction of whose radius at that point is South 19° 39' 00" East; THENCE eastwardly following the arc of said curve, 144.67 feet to a point; THENCE South 76° 13' 30" East, 55.47 feet to a point of curve to the left having a radius of 8.84 feet and the direction of whose radius at that point is North 13° 46' 30" East; THENCE northeastwardly following the arc of said curve, 9.39 feet to a point in the southwesterly line of a private road fifty feet wide, said point also being at a point of curve to the left having a radius of 596.80 feet and the direction of whose radius at that point is North 67° 27' 46" East; THENCE southeastwardl'y along said road line and following the arc of said curve, 107.92 feet to a point, said point being at a point of curve to the left having a radius of 269.15 feet and the direction of whose radius at that point is South 43° 47' 28" West; THENCE northwestwardly following the am of said curve, 141.03 feet to a point of curve to the left having a radius of 207.98 feet and the direction of whose radius at that point is South 13° 46' 30" West; THENCE westwardly and southwestwardly following the arc of said curve, 287.90 feet to a point; THENCE North 65° 32' 20" West, 40.00 feet to a monument at a point of curve to the right having a radius of 248.00 feet and the direction of whose radius at that point is South 65° 32' 20" East; THENCE northeastwardly following the arc of said curve, 72.19 feet to the iron pin at the point or place of BEGINNING. Containing 0.39 Acres, more or less. SUBJECT TO covenants, restrictions and agreements set forth on Schedule B hereto. SCHEDULE B to DEED Party of the First Part: FISHERS ISLAND DEVELOPMENT CORPORATION Party of the Second Part: Waiter C. Flower, III Deed Dated: December~'~ , 2009 The premises described in Schedule A hereto are conveyed subject to the following covenants, restrictions and agreements. That the aforesaid premises shall be occupied and used by the grantee, his heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only, together with the necessary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites. That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan) which shall have been approved in writing by the grantor, its successors or assigns. That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent of the grantor, its successors or assigns. That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. That from and after April 15, 2005, the grantee, his heirs, successors and assigns, by the acceptance of this deed, covenants and agrees to pay to the grantor, its successors or assigns: (a) an annual basic maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the "Park," shaII not exceed in any one year $100 per acre, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the collection and disposal of garbage and other refuse; and (b) an annual supplemental maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the "Park", shall not exceed in any one year $2,000 per parcel, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and other refuse. In establishing from time to time the amount of said annual supplemental maintenance charge, different charges may be made applicable to improved and unimproved parcels. In no event shall the grantee, his heirs, successors or assigns, be obligated to pay in any one year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the "Park", provided, however, if any parcel owned by the grantee, his heirs, successors or assigns is an improved parcel, the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term "grantee" shall include the grantee and such of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question. Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen (15) days of receipt of a written statement therefor. Unpaid maintenance charges are hereby made liens on the premises. Nothing herein contained shall obligate the grantor, its successors or assigns to maintain, repair or improve any roads, sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall the grantor, its successors or assigns be liable to the grantee, his heirs, successors or assigns for any failure of pedormance hereunder unless such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited to the amount collected pursuant to this paragraph. 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 '1 c2.C1' SWIS COdeDate Deed Recorded ,I J'~'l'7 I '~ <~ I~' ~C~ I.l, / ~,1~)/'~ /!10 , ' ~. . REAL PROPERTY TRANSFER REPORTsTATS BOARDSTATEoF REALOF NEWpRoPERTyYORK SERVICES · .n,h ,,.,, Y..r . RP ' 5217 1. Pmbony (no #) [ private road off East End Road [ To~n of Southold [ Fishers Island [06390 I Flower ] Walter C., III I FIPST NAME 4. Indicate the number of Assessment Roll parcels ~anMerred on the deed I , , I # of Parcels OR Part of a Parcel e. Seller I FISHERS ISLAND DEVELOPHENT CORPORATION IO~ly If Pm of e Remell Chee~ a~ they appl~.. 4A. Planning Rean~ with Subdivismn AU~lOnt~ Exisct [] 4B. Subdivision Approval wa~ Requi~J for Transfer [] 4C. Pamel Approved for Subdivision with Map Provided [] 7. Check the box below which most accurately doKHbas the uae of the property at the time of sale: A [] One Family Residential E [] Agricultural I [] S I--] 2 or 3 Family Residential F I~ Commercial C ~ Residential Vacant Land G ~ Aperient K DU Non-ResidentlalVa~ntLan~ HU Enmnainment/Amusement ], SALE INFORMATION 11. Sale Contract Date 12. Date of Sale I Tflin~m I 02 / 27 / 09 I Iai /~ /$~ I Community Bewice Public Service Cited; the bexe~ below as they apldy: a Ownership Ty~] is Condominium [] 9. New Construction on Vacant Land [] A (, D E F Bela Between Relatives or Former Relatives Bela Re(ween Related Companies or Partners in Business One of the Buyers is also a Seller Buyer or Seller is Government Agency or Lending Institulfon Deed Type not Warranty or Bargain end Sale ISpacify Below) Bela et Fractional or Less than Fee Imerest (Speciflf BelowJ ~3. PugBefopriae I , 2, 6, 9, 5, O, O, 0 , 0 I (Full Sale Price is the total amoum paid for the property including personal property. l~is payment may be in the fozm of cash, other progeny er goods, or the assumption of j mortgages or ntbdr obi[ga(ions.} Fleaseroundto~eneaMsrwhnledollaramount. 14. Ina-mate the value of pm,seMI I . 0 . 0 . 0 [ property Included In the u, le ~ ~ [ ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill 18. Year of A-~-.,tent Rag kern ] 09[ ].0[ 17. Total .~----~-d Value (of ell parcds In transfer) [ It Pmpa~ty Class I I-I i 19. Reheel Ointdct Name L Fishers Island Significant Change in Property Between Taxable Status and Sale Dates Bela of Business m Includ~ in Sale Price Other Unusual Factors Affc. cting Sale PHce (Slx~ci~/Below) None 1,6 4,0,0I *entire parcel l c51 ,-,q, o,.-3 ;:X 0 I t000 - 010.00 - 05.00 -" ....... ........ ~.1/ I [ 1000 - 010.00 - 05.00 ~ I I [ I CERTIFICATION I I certify thai all of the ilems of inrnrnmlion enleix, d on IhLq renu are Imf and t'orrt'~l (10 Iht. be,l of ILL,*' Imov, k'dge and ~ and [ underslaml thai file nmkln~ BUYER Walter C. Flower, III I 12/30 /09 408 [ liagazlne Street Hew Orleans [ LA I 70L30 SELLER FISHERS ISLAND DEVELOPMENT CORPORATION . J '1 ? /o9 set~L~ryn M. Parsons, Pres. BUYER'S ATTORNEY Wosan [ John D. (504) I 556-/,032 I NEW YORK STATE COPY