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Home My WebLink AboutL 12097 P 247BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 28th day of December, Two Thousand (2000) Edgar J. Smith, Jr., residing at Palmer Landing, Unit 411, 123 Harbor Drive, Stamford, Connecticut 06902 and Suzanne K. Smith, residing at 26 Lefurgy Avenue, Hastings-on-Hudson, New York 10706, as tenants by the entirety party of the first part, and Edgar J. Smith, Jr., residing at Palmer Landing, Unit 411, 123 Harbor Drive, Stamford, Connecticut 06902 and Suzanne K. Smith, residing at 26 Lefurgy Avenue, Hastings-on-Hudson, New York 10706, as tenants in common party of the second part, WITNESSETH, that the party of the first part, for no consideration, 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, together with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York and described as follows: Beginning at a point on the ordinary high water mark of Orient Harbor about 125 feet southwesterly along said high water mark from the extension southwesterly of the southeasterly line of State Street; from said point of beginning running along land of Douglas Wainer, N. 54° 08' 30" E. - 132 feet, more or less, to a monument and land of Oyster Ponds Historical Society; thence along said land, S. 46° 48' 30" E. - 107.42 feet to a monument and land of Georgia Fox; thence along said land, S. 56° 17' 00" W. - 159 feet, more or less, to said ordinary high water mark or Orient Harbor; thence in a general northwesterly direction along said high water mark, 100 feet, more or less, to the point of beginning. Together with a right of way from a point near the southerly corner of the premises in a general southeasterly direction about 700 feet to the Main Street. Together with all the right, title and interest of the party of the first part of, in and to the lands under waters of Orient Harbor lying in front of the above described premises. Being and intended to be the same premises and rights, titles and interest in land under water and appurtenant rights of way acquired by deed of Sep. 18, 1922 (Coffin to Younie), recorded in Suffolk County Clerk's Office, in liber 1053 of deeds at page 1, and deed of Dec. 6, 1923 (Coffin to Younie), recorded in Suffolk County Clerk's Office, in liber 1089 of deeds at page 212 less those premises and rights, titles and interests conveyed by deed of Aug. 27, 1938 (Younie to Fox), recorded in Suffolk County Clerk's Office in liber 2001 of deeds at page 474 and deed of June 27, 1939 (Younie to Knox), recorded in Suffolk County Clerk's Office in liber 2047 of deeds at page 587. Being and intended to be the same premises and rights, title and interest in the property conveyed by deed dated October 31, 1970 from Mrs. Alice C. Younie to Edgar J. Smith, Jr. and Suzanne K. Smith, his wife, recorded in Suffolk County Clerk's Office on November 9, 1970 in Liber 6836 at page 86. The purpose of this deed is to terminate the tenancy by the entirety of the Granto.rs and to instead create a tenancy in common in accordance with New York law. It is made without consideration. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; 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 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 part 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 STATE OF NEW YORK, COUNTY OFNEW YORK ,SS: On the 28th day of December, in the year 2000, before me, the undersigned, personally appeared EDGAR J. SMITH, JR., pemonally 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 on the instrument, STATE OF NEW YORK, COUNTY OF ,ss: On the dayof , 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 individual(s) whose name(s) is/are subscribed to the within instru- ment and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the the individual or the person on behalf of which the individual acted, executed ,th~ instrument. / Qualffied in Putnam County Commission Expires April 30, 2002 STATE OF NEW YORK, COUNTY OF NEW YORK ,ss: individual(s) or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public On the 28th day of December, in the year 2000, before me, the undersigned, personally appeared SUZANNE K. SMITH, 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 on behalf of which the Notary Pul~ EDWARD I. SUMBER Notary Public, State of New Yod( No. 02SU9246975 Qualified In Putnam County Commission Expires April 30. 2002 BARGAIN AND SALE DEED WITH COVENANTS AGAINST GRANTOR'$ ACTS Section 24 Block 2 Lot 9 EDGAR J. SMITH, JR. AND SUZANNE K. SMITH, as Tenants by the entirety County/Town Southold, Suffolk County TO EDGAR J. SMITH, JR. AND SUZANNE K. SMITH, as Tenants in Common Record and Return To: Edward I. Sumber, P.C. 18 Fair Street Carmel, New York 10512 .BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILIN( SUFFOLK COUNTY CLERK Number of Serial # Certificate Prior Cfi# 4 I FEES · == Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (Sta~e) R:P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other Sub Total 5 00 Sub Tots GRAND TOTA&, Real Property Tax Service Agency Verification Dist Section Block Lot Mortgage Amt. 1. Basic Tax 2. SONYMA Sub Total 3. Spec./Add. TOT. MTG. TAX Dual Town Dual County Hold for Apportionment __ Transfer Tax '~ Mansion Tax The property covered by this n~rtgage 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. Title Company Information N/A Company Name Title Number FEE PAID BY: Cash Check X Charge OR: Payer same as R & R_X. I. Sumber, P.C. 18 Fair Street Carmel, New York 10512 RECORD & RETURN TO Suffolk County Recording & Endorsement Page This page forms part of the attached ~a made by: (Deed, Mortgage, etc.) Edgar J. Smith. .Tr_ a~d ~,,~a~.~ as Tenants by the Entirety The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO Edgar J. Smith, Jr. and Suzanne K. as Tenants in Common Smith, In the TOWN of In the VILLAGE or HAMLET of Oriant SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument= DEEDS/DDD ~m~er of Pages= 4 TRANSFER TAX NUMBER= 00-23192 District= 1000 Deed Amount= Recorded= At .- LIBER.' PAGE: Section: Block .- 024.00 02.00 EX~I~-~D ~ CHA~GED AS FOLLOWS $0.00 01/17/2001 09:35=29 AM D00012097 247 Lot= 009.000 Received the Following Fees For Above Instrument Exempt Page/Filing $12.00 NO Handling COE $5.00 NO EA-CTY EA-STATE $25.00 NO TP-584 Cert. Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Co==~.Pres $0.00 NO Fees Paid TI%ANSFER TAX NUMBER= 00-23192 THIS PAGE IS A PART OF THE INSTRUMENT Exemp: $5.00 NO $5.00 NO $5.00 NO $15.00 NO $0.00 NO $72.00 Edward P.Romaine County Clerk, Suffolk County FOR COUNTY USE ONLY J ~ F~ooth Day Y~at pROt-Et~iY INForMATION I 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 SERVICES 1. Property Location I STREET NUMBER z Buyer I ~'~ th Name LAST NAME / COMPANY Smith RP- 5217 I ~ao~- .T_ .T~. I Suzanne K.. a.~ tP-nnnta in common I )Only if Part of a Parcel) Check as they apply: 4A. Planning Board with Subdivision Authority Exists [] 4B. Subdivision Approval was Required for Transfer [] 4C. Parcel Approved for Subdivision with Map Provided [] 3. Tax Indicate where future Tax Bills are to be sent Billing if other than buyer address (at bottom of form) I Address LAST NAME / COMPANY I 4. Indicate the number of Assessment ~ Roll parcels transferred on the deed I ONE , I # of Parcels ORI I Part of a Parcel 5. Deed Property [ ] x l I On I , , · , I 6. Seller I ~m4 rh I Smith LAST NAME / COMPANY I Suzanne K., as tenants by the entirety iOne Family Residential 2 or 3 Family Residential Residential Vacant Land Non-Residential Vacant Land SALE INFORMATION I 11. Sale Contract Date Check the boxes below as they apply: 8. Ownership Type is Condominium [] 9. New Construction on Vacant Land [] 10A. Property Located within an Agricultural District [] 10B. Buyer received a disclosure notice indicating [] that the property is in an Agricultural District 7, Check the box below which most accurately describes the use of the property at the time of sale: Commercial J ~ Industrial Apa~ment r~ Public So.ice Ente~ainment/Amusement L~ Forest Month Day Year 12. Date of Sale / Transfer 15, Check one or more of these conditions as applicable to transfer: Sale Between Relatives or Former Relatives Sale Between Related Companies or Partners in Business One of the Buyers is also a Seller Buyer or Seller is Government Agency or Lending Institution Deed Type not Warranb/ or Bargain and Sale (Specify Below) Sale of Fractional or Less than Fee Interest (Specify Below) Significant Change in Property Between Taxable Status and Sale Dates Sale of Business is Included in Sale Price Other Unusual Factors Affecting Sale Price (Specify Below) None 13. Full Sale Price I I I None (Full Sale Price is the total amount paid for the property including personal property, This payment may be in the form of cash, other property or goods, or the assumption of mortgages or other obligations.) Please round to the nearest whole dollar amount. A B C D E F G H 1 J Dee, is made to terminate tenancy by the 14. Indicate thevalue of personal I , , ~on¢ , , , 0 , 0 I Entirety and to create a Tenanc~in-Common.' property included in the sale ~ ~ · 16. Year of Assessment Roll fromI 0 01,7. Total Assessed Value (of all parcels in transfer)I . 6 . 5 . o 0 { which information taken ' ' ½ ~ ~ 18. Property Class I ? , R , 0 I-I I 19. School District Name 20. Tax Map Identifier(s) / Roll Identifier{s) (If more than four, a~ach sheet with additional identifier(s)) I 24.~2-9 I I I I I I I I certif~ that all of the items of information entered on this form are true and correct (to the best of my knowledge and belief) and I understand that the mald~ of any willful false statement of material fact herein will subject me to the provisions of the penal law relative to the making and t'ding of false instruments. BUYER'S ATTORNEY 123 Harbor Drive, Palmer Lending, Unit 411 Stamford, I CT I 06902 CITY OB TOWN S/ATE ZIp COOE SEkLE~ SIGNATURE DATE Sumber I Edward I. 845 I 22501100 AREA CODE TELEPHONE NUMBER fITYfFOWN ASSESSOR) , coPY J