HomeMy WebLinkAboutL 12645 P 837SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED
Number of Pages.' 6
Receipt Number .' 10=0144045
TRANSFER TAX NUMBER: 10-10092
District=
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
009.00 10.00
EXAMINED AND CHARGED AS FOLLOWS
$950,000.00
1 -/13/201o
04:10:34 PM
D00012645
837
Lot:
014. 000
Received the Following Fees For Above Instrument
Zxem~t
Page/Filing $30.00 NO Handling
COE $5.00 NO NYS SRCHG
EA-CTY $5.00 NO EA-STATE
TP-584 $5.00 NO Notation
Cert. Coptes $0.00 NO RPT
Transfer tax $3,800.00 NO ComA. Pres
Fees Paid
TRANSFER TAX NUKBER= 10-10092
THIS PAGE IS A PART OF THE INSTRUMSNT
THIS IS NOT A BILL
Exempt:
$20.00 NO
$15.00 NO
$250.00 NO
$0.00 NO
$30.00 NO
$16,000.00 NO
$20,160.00
JUDITH A. PASCALE
County Clerk, Su££olk County
Number of pages
TORRENS
Serial #
Certificate #
Prior CtL #
Deed. Mortgage Instrument
2010 Dec 13 04:10:~4 PM
JUDITH A. PA$CALE
CLERK OF
SUFFOLK COUHI~
L DO00I~
P
Dee, d 1 Mortgage Tax Stamp ] Regording / Filing Stamps
31
FEES
Pnga I Filing Fee
Handling
TF'-554
Notati0n
EA-5217 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Cmtified Copy
Reg. Copy
Real ~
Property
Tax Service
Agency '-~ ......
Verification
5. O0
SubTotal
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec. / Assit.
Spec. / Add.
TOT. MTG. TAX
Dual Town 'Dual County
Held for Appoinmaent ~
Mansiort Tax
The p~ cove, mi by this mmgag¢ ia
or will be impxovo:l by a one or two
family dwelling only.
YES or NO ~
Sub Total If NO, sec appropriate tax clause on
.... ~" ~ ~~rl I'~ -- ~/ I .~
. - I/ 1t
~id~on Amount $ ~0~00
CPF~ Duc $16.~0
SatisfactiontDischargeatRelease List Property Owners Mailing Addre, s~
RECORD & RETURN TO:
STEPHEN L. HAM, III, ESQ.
MATTHEWS & HAM
38 NUGENT STREET
SOUTHAMPTON~ NY 11968
Improved ~
Vacant Land __
l? Comp ,~.y Information
I
Title
Co. Name Chicago Title lnsnranee Company .
Tide # 3810 - 00068
Suffolk County Recording & Endorsement Page
This page fom~ part of the attached
THOMAS SHILLO
DEED made by:
(SPECIFY TYPE OF INSTRUMENT)
The p~misis herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In the Township of SOUTHOLD
FISHERS ISLAND CLUB.. INC. In ~e VILLAGE
or HAMLET of FISHERS ISLAND
BOXES 6 THROUGH 8 MUST BF. TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
CONSULT YOUR LAWYER BEFORE ~IIGNING THiS IHSTRUMENT-THiS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE, made the [.o~ day of Novemberr two thousand ten,
BETWEEN
THOMAS SHILLO, (no #) The Gloaming, P.O. Box t61, Fishers Island, New York 06390,
party of the first part, and
FISHERS ISLAND CLUB, INC., a New York corporation, with offices at (no #) East End Reed, P.O. Box 605,
Fishers Island, Ne~ York 06390,
party of the second part,
WlTNESSETH, that the party of the fir~.t pad, in conside ration of NiB H und red Fifty Thousand and 001100
($950,000.00)- ~ ~ <lollers p aid by th e pa.rty
of the second pad, does hereby grant and release uhto the party of the second part, the heirs or su~cesc, bfs'a~
assigns of the party of the second .part fbrever, ' · .,.~'
All [hat certain plot, piece ~[' parcel o! ~nd, with the buildings and improvements thereon' erectec~,situa.l~ iyin~j
and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being mc~6.pa .rticulad~,'
bounded end described es set forth on Schedule A hereto.
BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed, dated Apdl
30, 1983, ancl recorded in the Office of the Suffolk County Clerk on December 30, 1983 in Liber 9485 page 60.
TOGETHER WITH and SUBJECT to easements and rights of first refusal described on Schedule A hereto.
TOGETHER with all right, title and inleresl, if any, of the party of the first part in and to any slreats 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 AN D TO HOLD the premises
herein granted unte 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 enoumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Seclion 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 es e
trust fund to be applied first for Ihs purpose of paying the cost of the improvement and will apply the same firsl
to the payment of the cost of the improvement before using any parl of the total of the same for any other
purpose. The word 'party' shall be conslrued es If it read "parties' whenever the sense of this indenture so
requires.
IN WTI'NESS WHEREOF, the party of the first part has duly executed Ihis deed the day and year firsl above
written.
IN PRESENCE OF:
Tit"omBs Shill~ -
Slandar~ N.Y.B.T.U. Form 8002 - Bargain anti Sale Dee0, wtll~ Covenanl against Grantors Act~ Uniform Acknowte(igmeni~
TO BE USED OHLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE
State of New York. County of Suffolk ss:
On [he ~tO day of November in the year 20t0
before me, the undersigned, personally appeared
Thomas Shillo
personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) em
subscribed to the wilh[n insthJment and acknowledged to hie that
heYshe~/they executed the same in his/herP, Jeeit capecity{ies), and
that by his/her/their signature(s) on [he instrument, the
in~m~vidual($), or the person upon behalf olr which the individual(s)
(signature a~d office of individual taking adknsw~edgment)
State of Now York, County of ss:
On tl)e day of in [he 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 ~hase frames are
subscribed to the within Instrument and eckno~edged to me that
he/she/they executed [he same in h[s/her.~J'~ir capacittes, and
that Dy [heir sigr~tures on the instrument, the individuals, or [he
person upon behalf of which the [ncllviduals acted, executed the
imlsb'ument.
Notary Public
KA~.nature and office of indlviduat taking acXnowledgm~qt)
HEATH
,- , ' .~. NOTARYPUBUO,~rATEOFN~IVYOF~
~ · NO. 0tHE822256~
" QUN.IF~D iN E~.IFFOU( COUIhq~
-~.. ~ ' " OOMMiSSION EXPIRE~ 05f24/2014
' "' TO BE USED ONLY WHEN THE ACKNOWLEDOMENT I~ MADE O~I'EilDE NEW YORK STATE
State o! Connecticut; Counby of New London ss:
On the day of November in the year 2010 before me, the undemigned, personally appeared
Thomas Shillo
personally known to me or proved to me on the basis of saUsfastory evidence to be the individual Whose name is subscribed Io the
within [nslJ~Jment and acXnowledged to rna that he exe;utod the same in his capacity, and that by his signature on the inatmrne~t,
the individual, or ~ person upon behalf of Which the individual acled, executed the inst, ument, and that such individua~ made such
appearance before the undersigned in the in the State of Connecticut.
(insert Ibe City O~ other political subdivision}
(s~gneture and office of individual taking acknowle~lgment)
BARGAIN AN D SALE DEED
WITH COVENANT AGAINST GRANTOR'$ ACTS
Title No. 3810-~0068
'Il,lOMAS SHalO
TO
FISHERS ISLJU~D CLUB, INC.
DISTRICT 1000
SECTION o0g.00
BLOCK 10.00
LOT 014.000
COUNTY OR TOWN SUFFOLK - SOUTHOLD
STREET ADDRESS (no #} WHISTLER AVENUE
FISHERS iSLAND, NY 06390
RETURN BY MAlL TO:
REGERVE THm SPACE FOR USE OF RECORDING
Party of the First Part:
Party of the Second Part:
Deed Dated:
SCHEDULE A
to
DEED
Thomas Shillo
Fishers Island Club, lnc.
November le , 2010
All that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being at Fishers Island in the Town of Southold, County of
Suffolk and State of New York, being bounded and described as follows:
BEGINNING et a drill hole in the walk located northerly of Whistler Avenue, said point
being 106.93 feet North of a point which is 48t5.23 feet West of a monument marking the
U.S. Coast and Geodetic Survey TriangulaUon Station "PROS"; and
RUNNING THENCE South 67 degrees 13 minu~s 00 seconds West, 131.00 feet to a drill
hole;
THENCE North 22 degrees 47 minutes 00 seconds West, 232.42 feet to a point;
THENCE North 62 degrees 21 minutes 00 seconds East, 131.48 feet to a point;
THENCE South 22 degrees 47 minutes 00 seconds East, 243.57 feet to the point of
BEGINNING.
Containing 0.71 acre, more or less.
TOGETHER WITH all right, title and interest, if any, of the party of the first part in and to
Whistler Avenue abutting the above-described premises to the center line thereof;
TOGETHER WITH a~l the appurtenances and all the estate and rights of the party of the
first part in and to the above-described premises;
TOGETHER WITH the right to use a strip of land 20 feet wide and 131 feet long located
between the northwesterly side of Whistler Avenue (as it now exists) and the southeasterly
line of the above-described premises for ingress to and egress from the above-described
premises until such time as said strip is accepted by the Town of Southold as pad of the
public road known as Whistler Avenue; and
TOGETHER WITH the dght to use for purposes of ingress to and egress from the above-
described premises the following described roadways or strips of land, in common with
owners of said roadways or stdps of land, or parts thereof, and owners of property whose
land is situated on the southeasterly side of Winthrop Drive and which was formedy owned
by Race Point Corporation:
1. A roadway 15 feet in width, the center line of which is described as follows:
BEGINNING at a point on the proposed northeasterly line of Trumbull Drive,
said point being located 87.19 feet South of a point which is 5535,35 feet
West of said "PROS" monument;
RUNNING THENCE North 67 degrees 13 minutes East, 606 feet;
THENCE North 61 degrees 43 minutes East, about 97 feet;
THENCE North 67 degrees 13 minutes East, about 431 feet to the
after receipt by FIDCO of said notice, FiDCO may elect to purchase the above-described
premises or portion thereof to be sold on said terms and conditions, and upon receipt of
notice of such election, the pa~y of the second part shall convey the above-described
premises or portion thereof to be sold to FIDCO as hereinafter provided. If FIDCO sha~l
not elect so to purchase the above-described premises or portion thereof to be sold, the
party of the second par[ shall be free to convey the same to the proposed purchaser
identified in said notice on the same terms and conditions specified therein, provided that
such conveyance shall take place within 90 days after the earlier of (1) the expiration of
the above mentioned 30-day period or (2) the date the party of the second part receives
notice from FIDCO that it does not elect to purchase the above-described premises or any
portion thereof to be sold.
2. The provisions of paragraph 1 shall apply to any transfer by the party of the
second part without consideration, except that the purchase price at which FiDCO may
exercise its option shall be an amount equal to the then fair market value of the above-
described premises or portion thereof.
3. Within 30 days after the party of the second part has received notice that
FIDCO has exercised any of the foregoing options, the party of the second part shall
deliver or cause to be delivered to FIDCO a bargain and sale deed, in recordable form and
in all respects satisfactory to FIDCO. Upon the delivery of such deed, the party of the
second part shall vacate and surrender possession of the above-described premises or
portion thereof to FIDCO,
4, Any transfer or conveyance of the above-described premises or portion
thereof by the party of the second part in violation of the foregoing provisions shall be void.
5. The foregoing covenants and agreements shall run with the land, shall bind
the heirs, distributees, personal representatives and assigns of the party of the second
part, and shall inure to the benefit of the successors and assigns of FIDCO. FIDCO shall
have the same options to purchase the above-described premises or any portion thereof
against ali subsequent owners of the above-described premises, [t being understood that
the term "party of the second part", when used in the foregoing paragraphs 1-4, shall
include the heirs, distributees, personal representatives and assigns of the party of the
second part.
A-3
southwesterly line of land of the Board of Education, Fishers island Union
Free School District No. 4.
2. A roadway 12 feet in width, the center line of which is described as follows:
BEGINNING at a point on the northeasterly line of Winthrop Ddve, said point
being located 26.01 feet South of a point which is 5564.10 feet West of said
'PROS" monument;
RUNNING THENCE North 67 degrees 46 minutes East, 380 feet to the
center line, described as the last course, of the roadway described in
paragraph 3 below.
3. A roadway 12 feet in width, the center line of which is described as follows:
BEGINNING at a point on the westedy line of land of the Board of Education,
Fishers Island Union Free School District No. 4, said point being located
439.20 feet North of a point which is 4690.16 feet West of said "PROS"
monument;
RUNNING THENCE South 62 degrees 21 minutes West, about 609 feet;
THENCE South 27 degrees 39 minutes East, about 105 feet to the center
line of the roadway described in paragraph 1 above.
SUBJECT TO the right of owners of said roadways and strips of land and owneers of
property whose land is situated on the southeastedy side of Winthrop Drive and which was
formerly owned by Race Point Corporation, to use said roadways and sl~ips of land
comprising a portion of the above described premises for purposes of ingress to and
egress from their respective properties, as aforesaid;
SUBJECT ALSO to the rights, easements, reservations and agreements contained in a
deed, dated April 16, 1959, made by the United States of America to Race Point
Corporation and recorded on April 22, 1959 in the Office of the Suffolk County Clerk in
Liber 4615 of Conveyances at page 283; and
SUBJECT ALSO to the following conditions, restrictions and covenants:
(a) The above-described premises shall be used for single or multiple family
residential purposes only and no building, outbuilding or structure shall be erected within
five (5} feet of any boundary thereof;
(b) Easements for existing water pipes, sewer drains and pipes, electrical lines
and facilities and telephone lines and facilities, and the rights of third parties to use,
maintain, repair and replace (as the case may be) said pipes, drains, lines and facilities;
(c) State of facts an accurate survey would show;
(d) Agreements, covenants, conditions, consents, restrictions, reservations and
rights of way, if any, of record; and
(e) Rights of Fishers Island Development Corporation as successor to Race
Point Corporation (hereinalter "FIDCO') as hereinafter set forth.
The party of the second part, by accepting this deed, covenants and agrees that:
1. Prior to any transfer of the above-described premises or any portion thereof
by the party of the second part fora consideration, the party of the second part shall notify
FIDCO of its intention to do so, identifying the proposed purchaser, specifying the terms
and conditions of the transfer and offering to convey the above-described premises or
portion thereof to be sold to FIDCO on the same terms and conditions. Within 30 days
A-2
P/BA~ETYPf O~ PRESS FfKtdLY V~IEN w~mNG ON FORM.
IHSTRUC'r~oNS:. httpW.orpi.iti~i.ny, us .~ PHONE (51B) 474-&450
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I CERTIRCAllON
BUYER
FISHERS TS~AHI) CLUB, IKC.
(no d) I ~st ~ Road - P.O. Box 605
Fishers Island I HY. [ 06:390
BUYGR'8 &ITOMMY
ll~n I Stsp~n L. p Ill
(&31) [ 28~-2100
I NEW YORK STATE
COPY