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HomeMy WebLinkAboutL 12613 P 640SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: DEED N~mBer of Pages: 6 Receipt N~m~er : 10-0007563 TRANSFER TAX NUMBER: 09-14471 DiStrict: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 010.00 05.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 01/20/2010 10:11:36 AM D00012613 640 Lot: 012. 025 Received the Following Fees For Above Instrument Exempt Page/Filing COE EA-CTY TP-584 Cert. Copies Transfer tax TRANSFER TAX NUMBER: $30 $5 $5 $5 $0 oo $0 00 00 NO Handling 00 NO NYS SRCHG 00 NO EA-STATE 00 NO Notation NO RPT NO Comm. Pres Fees Paid 09-14471 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 $360.00 JUDITH A. PASCAnR County Clerk, Suffolk County Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2010 Jan 20 10:11:36 Alt JUDITH fl. PfSCflLE CLERK OF SUFFOLK COUNTY L 000012615 P 640 bTM 09-14471 Deed/Mortgagelnstrument Deed/MortgageTax Stamp I Recording/Filing Stamps FEES Page / Filing Fee Handling TP-584 Notation EA-S2 .! 7 (County) EA-$217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy NYS Surcharge Other I 4 I Dist. ' Real Property Tax Service Agency Verification 6 f0. 00 Sub Total 5. 00 15. O0 Sub Total Grand Total 10000990 1000 01000 0500 012025 5 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: STEPHEN L. HAM, I11, ESQ. MATTHEWS & HAM 38 NUGENT STREET SOUTHAMPTON, NY 11968 Mortgage Amt. 1. Basic Tax 2. Additional Tax SubTotal 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 i~proved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page# o, tl,sin)_ m./nb Community Preservation Fund Consideration Amount CPF Tax Due s 0 Improved' Vacant Land ID TD Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY www.suffolkcountyny.gov/clerk 11901 7 I Title Company Information CO. Name O_.~J&"~O -{T"I/"I ~ ~ . ~. Tit e # Suffolk County Recording & Endorsement Page This page forms part of the attached DEED by: ~ WALTER C. ]FLOWER, 1]1 (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In theTOWN of SO[JTHOI.D THE HENRY L. FERGUSON MUSEUM. INC. In the VILLAGE or HAMLET of FISHERS ISLA. ND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAVVYERS ONLY THIS INDENTURE, made the ~,.~ day of December, two thousand nine, BET~NEEN WALTER C. FLOWER, III, 408 Magazine Street, New Orleans, Louisiana 70130, party of the first part, and THE HEN RY L. FERGUSON MUSEU M, INC., a charitable corporation organized and existing under and by virtue of the laws of the State of New York, with its principal office at (no #) Equestrian Avenue, Fishers Island, New York 06390, party of the second part, WITNESSETH, that the party of the first part, without 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 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 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. 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, easements and agreements set forth in Schedules A and B hereto. 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 herein granted unto the pady 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 pady 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: Walter C. Flower, III 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 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 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/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. 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 ~)¢ ~. ~.~lt~ 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 acknowledggd to me that he executed the same in his capacity, and that by his 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 ~.;'~ O~ i~'cOOg4~C in the State of Louisiana. . (insert th~ City or other political subdivision) Notary Public (sig of indi -~ owledgment) State of Louisiana Notary Public Louisiana State Bar #13629 . /.o~¢,.,.M~ My Commission Is Issued for Fife BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. WALTER C. FLOWER, 111 TO THE HENRY L. FERGUSON MUSEUM, INC. STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Dist~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: Party of the Second Part: Deed Dated: Walter C. Flower, Ill The Henry L. Ferguson Museum, Inc. December 3° , 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 particularly bounded and described as follows: 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 50047' 09" West, 407.11 feet to a point; THENCE North 43045' 36" West, 162.00 feet to a monument; THENCE North 11 o 05' 00" West, 142.20 feet to a point; THENCE South 79o33' 53" East, 83.90 feet to a point; THENCE South 83° 55' 18" East, 62.91 feet to a point; THENCE South 87° 53' 34" East, 151.92 feet to a point; THENCE North 55o59' 53" East, 139.84 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 52° 44' 57" East; THENCE southeastwardly along said road line and following the arc of said curve, 65.30 feet to the point or place of BEGINNING. Containing 61,280 square feet, more or less. SUBJECT TO an easement for the installation and maintenance of buried utilities as appurtenant to and for the benefit of Block 44 - Lot 6 on the Map of Fishers Island Development Corporation (Map No. A421 filed September 25, 1991 ), said easement being five feet in width and extending from said private road southwesterly and westerly to said Block 44 - Lot 6, said easement being adjacent to and southerly of the northerly boundary of the above described tract or parcel. SCHEDULE B to DEED Party of the First Part: Walter C. Flower, III Party of the Second Part: The Henry L. Ferguson Museum 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 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 land 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 eollection 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 performance 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 IFOR COUNTY USE ONLY · I c,. sw,s Cod. ' I .E^. · . STATE OF NEW YORK · I C2' Date Deed Rec°rded I I /~/'01 ~ STATE BOARD OF REAL PROI~RTY SERVICES Month Day Yea, - RP - 5217 (no #) [ private road off East End Road Totm of Southold I Fishers Island I 06390 2. Buwr I THE HENRY L. FERGUSON HUSEUN, INC. ZIP COL~. Tax Indicate where future Tax Bills em to be sent BillinB if other than buyer addres~ Iai bottom of forml I I I , I SIA[E 4, Indicate the numblr of Assmment ~ Roll parcels transfewed on the deed I , , I # of Parcels ORL~] Par[ of e Parcel 5. Deed .=p.-~ I Ixl Io.I t .4 ,1 I Size FRONT FEET D~PTH I I i~CREsl B. SaE~ [ Flover I (Only if Part M · Parcel) Ched; ~s they ~ 4A. Planning Board with Subdivision Authority Exists [] 4~ Subdivision Approval was Required ~or Transfer [] ,lC. Pan:el Approved for Subdivision with Map Provided [] lqalter C. ~ III I I 7. Check the box bdow whld~ most accuritely (leecrihe~ the use of the pfl)pMty it the time of sale: R ~ 2 or 3 Family Residential F ~ Commemisl C I~ Sesideneal Vacant Land (; ~ Apartment D U Non-Residential Vacant Land H U Ente~ainment I Amusement I SAL= ,.rORMAT~O. I 11. SoleContfactOate 102 / 27 /09 I 12. Date of Sale I Transfer I0! / a~ /Il) I Community Service Industrial Public Suw~co Forest 13. Full Sale Price I ~ ~ , 0,, 0 , 0 I (Full Sale Price is the total amount paid for the Ixoparty including personal proper[y. This payment may be in the lorn of cash. other property or goods, or the assumption of mortgages or other obligations.) Please ~ound to the nearest whole dollar amount. 14. Indicate the value of personal I 0 0 0 I Ixoperty included in the sail i ~ ' " ' ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill la Ye~ of Assm~ment Roll~0~fr°m 17. Total A~eosed Value (of all panels In trenslef} I . . . 18.~c~. ~ I-I I 19. SdmofDistr~tNanm L Fishers Island a Ownership Type is Condominium [] g. New Conutmction on Vacant Land [] donation of vacant land , , ,1,6,4,0,01 ! * entire parcel [ 1000 - 0t0.00 - 0.5.00 - p/o 012,009 I [ I I L J I CERTIFICATION I I eertlf~- Ihal .if of the Ira< of information mden.d ~m Ihb Sum ere tnl, .nd corm, l t~ Lhe he~l of my knowk'dR,., .nd I...Ik~ and ] under, leal Ihal the nmkln~ of an)' ~lUful false ~Autenlem of nmtedaJ fad herein ~il] subjecl me to the pnnbh~s id' Ihe iN.mai Ia) mlitiT~e ii) Iix, makinl~ and Sling of rah' Ilwlmmmt~. BUYER THE HENRY L. FERGUSON HUSEIRt, INC. E, I Robert J. Niller, Vice President (no #) I Equestrian Avenue Fishers Island I NY [ 06390 SELLER /09 BUYER'S ATrORNEY Hiller I Robert J. I I NEW YORK STATE COPY