HomeMy WebLinkAboutL 12613 P 638SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED
N~m~er of Pages: 7
Receipt N~m~er : 10-0007563
TRANSFER TAX NUMBER: 09-14469
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
010.00 05.00
EXAMINED AND CHA~GED AS FOLLOWS
$500.00
01/20/2010
10:11:36 AM
D00012613
638
Lot:
012. 024
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 $0~00 NO Comm. Pres
Fees Paid
TRANSFER TAX NUMBER:
09-14469
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
$30.00 NO
$0.00 NO
$373.75
JTJDITH A. PASCALE
County Clerk, Suffolk County
'- Numberofpages ~/
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
RECORDED
2010 .Jan 20 10:11:36
JUDITH ~. P~SCALE
CLERK OF
SUFFOLK COUNTV
L D00012613
P 638
DT~ 09-14469
Deed/Mortgagelnstrument Deed/MortgageTax Stamp I Recording/Filing Stamps
3 I FEES
Page / Filing Fee
Handling
TP-584
Notation
/
EA-52 17 (County) ') __ Sub Total
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed. S. O0
15. O0
SubTotal
Other
4 J Dist.
Real Property
Tax Service
Agency
Verification
Grand Total
10000988 zooo 0 000 0500 012024
6
8
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
STEPHEN L. HAM, II1, ESQ.
MATTHEWS & HAM
38 NUGENT STREET
SOUTHAMPTON, NY 11968
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY
www.suffolkcou ntyny.gov/clerk
5
Consideration Amount $ 500
CPFTax Due $ 0
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County __
Held for Appointme~
Transfer Tax
Mansion Tax
~he property covered by this mortgage is
ol~ will be improved by a one or two
f~nily dwelling only.
/ YES or NO
NO, see appropriate tax clause on
page # __ of this instrument.
Community Preservation Fund
Improved
VacantLand
TD
TD
o.!ame Title Companylnformation
llgO1 Chicago Title Insurance Company
Tite# 3809
Suffolk County Recording & Endorsement Page
This page forms part of the attached
by:
WALTER C. FLOWER, I11
DEED made
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In theTOWN of SOUTHOI,D
JAMES M. BAKER and DIANE M. BAKER In the VILLAGE
or HAMLET of FISHERS ISLAND
BOXES 6 THRU g MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
CONSULT YOUI~ LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE, made the~Ol'"day of December, two thousand nine,
BETVVEEN
WALTER C. FLOWER, III, 408 Magazine Street, New Orleans, Louisiana 70130,
party of the first part, and / ~i~ ~,-~.
JAMES M. BAKER and DIANE M. BAKER, 52 Armand Road, Ridgefield, Connecticut 06877,
party of the second part,
WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration
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 cedain plot, piece or parcel 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 set forth on Schedule A
hereto.
BEING AND INTENDED TO BE a portion of Block 44 - Lot 7 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 portion of the same premises conveyed to the party of the first part by deed from
Fishers Island Development Corporation, dated December ,2009, to be recorded in the Office of the Suffolk
County Clerk immediately prior to the recording of this deed.
TOGETHER WITH an easement for the installation and maintenance of buried utilities as more particularly
described on Schedule A hereto.
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 seco'nd part acknowledges and agrees that the premises conveyed hereby
shall merge with and become a part of other premises of the party of the second part adjoining the premises
conveyed hereby on the west, said other premises being known as Block 44 - Lot 6 on said Map of Fishers Island
Development Corporation, and shall not constitute a separate building site under applicable laws, ordinances,
rules and regulations.
TOGETHER with the appudenances 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 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 pady of the first part has duly executed this deed the day and year first above
written.
IN PRESENCE OF:
Walter C. Flower, III
Standard N.Y.B.T.U. Form 8002 - Bargain and Sale Deed, with Covenant against Gmntor's Act,~ 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
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 Louisiana; Parish of 0 t I C~t5 ss.:
On the ~ day of December in the year 2009 before me, the undersigned, personally appeared
Walter C. Flower, III
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 he executed the same in his capacity, and that by his signature~oh the instrument,
the individual, or the person upon behalf of which the individual acted, executed the instrument and that suc~Uiwdual?nade suc
appearance before the undersigned in the ~;~ 0~ ~ ~/~"~ in the State of Loui?a~"~"'~ ':~'~?/~,
(inse~'th~ Ci~ or other political subdivision) ~" c?~O ~" ~ ~ / ~.
JOHND. WOGAN . _
State o L U Nota~ Public' '
Louisiana State Bar ~13629 [~i 5/~ ~
My Commission Is issued for Life
BARGAIN AND SALE DEED
WITH COVENANT AGAINST GRANTOR'S ACTS
Title No. 3809 - 00509
WALTER C. FLOWER, III
TO
JAMES M. BAKER and DIANE M. BAKER
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS
Dis~buted by
DISTRICT 1000
SECTION 010.00
BLOCK 05.00
LOTS plo 012.009
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: Walter C. Flower, III
Party of the Second Part: James M. Baker and Diane M. Baker
Deed Dated: December 30 , 2009
ALL that certain plot, piece or parcel of land, 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 follows:
BEGINNING at a point in the southwesterly line of a private road fifty feet wide, said point
being located 3061.41 feet West of a point which is 1182.49 feet South of a monument
marking the United States Coast and Geodetic Survey Triangulation Station "NIN"; and
RUNNING THENCE South 55°59' 53" West, 139.48 feet to a point;
THENCE North 87° 53' 34" West, 151.92 feet to a point;
THENCE North 83 o 55' 18" West, 62.91 feet to a point;
· THENCE North 79° 33' 53" West, 83.90 feet to a point at lands of James M. Baker &
Diane M. Baker;
THENCE North 11 ° 05' 00" West, 16.12 feet along said lands ~f' Baker to a point;
THENCESouth 79° 33' 53" East, 89.25 feet to a point;
THENCE South 83055, 18" East, 61.82 feet to a point;
THENCE South 87° 53' 34" East, 146.51 feet to a point:
THENCE North 55059, 53" East, 103.82 feet to a point;
THENCE North 01 °30' 01" East, 37.43 feet to a point;
THENCE North 56° 51' 05" East, 8.18 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 a that point is North 57° 06' 15" East;
THENCE southeastwardly along said road line and following the arc of said curve, 45.37
feet to the point or place of BEGINNING.
Containing 7,101 square feet, more or less.
TOGETHER WITH an easement for the installation and maintenance of buried utilities,
said easement being five feet in width and extending from said private road southwesterly
and westerly to said other lands of the party of the second part, also known as Block 44 -
Lot 6 on the Map of Fishers Island Development Corporation (Map No. A421 filed
September 25, 1991), said easement being adjacent to and southerly of the southerly
boundary of the above described tract or parcel.
SUBJECT TO the following covenants and restrictions which may be amended or modified
at any time by Fishers Island Development Corporation and The Henry L. Ferguson
Museum, Inc. or their successors in interest, acting jointly. The above described tract or
parcel may be used only for ingress and egress by pedestrians and vehicles to and from
other premises adjoining on the west known as Block 44 - Lot 6 on said Map of Fishers
Island Development Corporation and for the installation, maintenance and repair of utilities
servicing said Block 44 - Lot 6. Any driveway on the above described tract or parcel shall
be constructed with native brown gravel or native brown processed stone, except where
macadam may be required due to the grade, in which case the macadam shall be topped
with native brown gravel. There shall be no lawn, planting, fencing or other landscaping
on the above described tract or parcel other than clearing at its boundaries.
SCHEDULE B
to
DEED
Party of the First Part: Walter C. Flower, III
Party of the Second Part: James M. Baker and Diane M. Baker
Deed Dated:
December 3o, 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 Fishers Island Development Corporation, 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
Fishers Island Development Corporation, 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 Fishers
Island Development Corporation, its successors or assigns:
(a) an annual basic maintenance charge, as fixed by Fishers Island
Development Corporation, its successors or assigns, which charge, except with
the consent of the owners of a majority in acreage of all Iand within the "Park,"
shall 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
Fishers island Development Corporation, 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 Fishers Island
Development Corporation, 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 Fishers Island Development Corporation, 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 Fishers Island Development Corporation, 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
REAL PROPERTY TRANSFER REPORT
STATE OF NEW YORK
STATE BOARD OF REAL PROPERTY SERVICEg
FOR COUNTY USE ONLY
c,.sw,s Coda
I I . RP - 5217
PROPER~ INFORMATION I
[ To~ of Southold ] Fishers Island [ 06390
Z. ~yer [ Baker
[ Baker ] Diane
~. T~ Indium whu~ fu~m Tax gills are to ~ ~nt
Billing ~ ~ber IMn b~ ~d~ (a ~om ~ form) I
4. Indicate the number of A~t
[ d of Parcels OR IX [ Par~ of a Parcel
IoBI 0 I 6 I
IOnly if P.rt of a Fhe~el) Che~k aa they apply:
4A. Fianning Sanrd with Subdivi-;on Authority Exists []
Flower
Walter C. p III
FIRS? N~ME
· 7. Cheek the box below whlr. h most accurately describes the usa of the propafW at the time of sale:
FI [~ 2 or 3 FamBy Rasidam;al F [~ Commercial Industrial
C ~ Resideot~al Vacant Land (} ~J Ape~lmont Public Sen4ce
D ~ Non-sassdeot:al Vacaot Land H ~ /ote~ainment / Amu~ment Forest
SALE INFORMATION I
11. sale Contr~gt Data I 02 / 27 / 09 I
at Oq lO
lg. Date of ~le / Tre.sfor I Ot / Q~ / 10~ I
Che~ the boxes below as they al~ly:
& Ownership Type is Condominium []
9. New Construction on Vacant Land []
A
C
D
E
F
G
H
I
J
One of the Buyers is elsa a Sailer
Buyer or Seller is Government Agency or Lending Institution
Deed Type not Warranty or Bargain and Sale (Specify Below)
gale of Fractional or Less than Fee Intereot ISpecify Below)
, 5, 0, 0,0,01
13. Full Sale price I , , ~ , ~ ·
(Full Sale Price is tho total amount pBid for tho property including personal property.
This payment may be in the form of cash. other prope~l'l or goods, or the assumption of
14. Indicate tbs value of her~eal I , 0 , 0 , 0 I
property indeded in the saJa & ~ ·
ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Biff
16. Year of Aeaassmmtt Roll ~om ~9:10 I 17. Total A~asssd Value (of all hemels in tran~erl I
18. PropmtyCl~.a ~---'~-~ 19. sahoolDistfictName L F~shers Island
Significant Change in Property Butween Te~able Status end Sale Dates
Sale of gus)nc, ss is Included in Sale Price
Other Unusual Factors Affecting Sale Price (Specify Below)
None
,1 ,6~'4 ,0 ,0 l*
entire parcel
J
I t000 - 010.00 - 05.00 - p/o 012.009 I [
L I I J
I CE.T~F,CA'.ON I
BUYER
52 I Armand Road
112/~-~ /09
Rtdge£teld I CT I 06877
SELLER
Waiter C. F~o?er, TIt
BUYER'S ATrORNEY
Ham
[ Stephen L.p III
(631) I 283-2400
I NEW YORK STATE
COPY