HomeMy WebLinkAboutL 12653 P 623Ty~e of Inetrument:
N!!~er of Pages' 8
Receipt Number ' 11-00277~8
TRANSFER TAX NUMBER: 10-162 47
District-
1000
Deed Amount:
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
·
DEED WITH LIFE E STATE
Recorded:
At'
LIBER:
PAGE'
Section: Block:
045.00 05.00
~INED AND C~ AS FOLLOWS
$488,000.00
o /zo/2ozz
02:19:14 PM
D00012653
623
Lot:
003.000
Received the Following Fees For Above Znstzument
Exempt
P&ge/Filing $40.00 NO Handling
COE $5.00 NO NYS SRCHG
EA-CTY $5.00 NO EA- STA~
TP-584 $5.00 NO Notation
Ce=H. Copies SS. 20 NO RPT
Transfer tax $0.00 NO Comm. Pres
Fees Paid
TRANSFER TAX NUMBER: 10-16247
THIS PAGE
IS A PART OF THE INSTRUMENT
THIS I$ NOT A BILL
$20.00
$15.00
Sz2s.oo
$o.oo
$3o.oo
$o.oo
$250.20
Exit
NO
NO
NO
NO
NO
NO
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages
TORRENS
__
$~riel #
Certificate #. ._ ·
_ II. I_ II II1.11__/.
Deed t Mortgage Instrument
Pal~c t Filing Fee
TP-SS4
..........................
Notation
---. .............................
Sub Told
Co~m. of Ed ............................. 5 O0
Copy
Oth¢l. ~ ~ ~b Total
GRAND TOTAL
Deed/Morlg~e Tax Stamp
.
_ _
FEES
III I I
qD
Real Property Tax Service Agency Verificatio~
Dist. Section B lock
Lot
, 11004523 ~.ooo o4soo neon 003000
Stamp , //,
tnitiab
=~ [ Satisfa~ion s/D i~,,,. ~w ,,,c, cu~ca'.--,srr rupe~
. RECOR]) & RETURN TO:
Suffolk
This page foam part of the atachocl
RECORDEO
2011 Har :LO 02:t9:14 PH
JUDITI-i Il. Pi~.Ci~LE
CLERK OF
SU~'~OLK CO~Y
L
P 625
})Tm 10-16247
Recording / Filing Stamps
Mortgage Amt,
I. Basic Tax
2. Addilional Tax
Sub Total
Spcc./Assit.
Or
Spec./Add,
TOT. MTG. TAX
Dual Town .,, Dual County
Held for Apportio~n~nt __ _,
Transfer Tax Z..%~
~sJ~ Tax
~e pmpe~ ~ve~d b~ this moflgn~e is or
wiLl be improved by a one or two family
d~iling only. '
YES . or NO~
If NO, see appropriate tax clause on page ~
P~se~ation Fund
~onsid~ration Amount $
T~x '~ ~ ~ .......
Improved
Vacant Land
...........
TD
TD
Title Company Information
Co. Name
Title f/
Recor n,, & Endors ent Pa
(SP~~ ~E OF ~$~~ )
Thc pmn~scs he. in is situated i~
SUFFOLK CO~, ~ YORK.
In tho Township of
In tb~ VILLAGE
or HAMLET of .....
made by:
BOXES 5 THRU 9 MUST BE TYPED OR PRINIED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
lOVER}
Standard N.Y.B.T. LI. Form 8002 - Bargain and Sele Deed, with Covenant against Grantor's Acts - Uniform Acknowledgment
Form 3290
CONSULT YOUR LAWYER BEFORE SIGNIHG THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS [NDE~URF~ made as o£ the /~ day of February, 20] 1
BETWEEI~'.: "' ' "
ROBERT J. FABRYKEWICZ, KATHLEEN FABI~YKEWICZ, and LOIS NICHOLS
as Trustees of the Julia L. Sill Trust dated December 6, 2010, residing at 44 Washington Avenue,
South Jamesport, New York 11970; 44 Washington Avenue, South Jamesport, New York ! 1970;
and H.C. 1, Box 7A5, No # Mountain View Drive, Gilbert, PA 18331, respectively, the party of the
first part,
TOWN OF SOUTHOLD, a municipal corporation having a principal office at 53095 Main Road,
PO Box 1179, Southold, New York 11971, party of the second part.
WITNESSETH, that the party of the first part, in consideration orate'; a-id aa,ha /e,a aa,
dollars, and other good and 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, as more fully described in Schedule A attached hereto.
Subject to and reserving a Life Estate to Julia L. Sill in the premises described in Schedule "B" v/
annexed hereto.
.
Schedule C anne'ked hereto and made a part hereof contains additional terms with respect to the rights
and 9bligations of the Life Tenant.
Reserving a right of way for ingress and egress from thc Main Road, Route 25 over other land of the
party of the second part and over the premises conveyed herein along the existing dirt driveway to the
Life Estate Parcel described in Schedule B for the benefit of the Life Tenant, said right of way being
more fully described in Schedule D attached hereto.
Subject to a right of way for ingress and egress over the existing dirt driveway on the premises
described in Schedule A for the benefit of SCTM#10004145.00-05.0~-004.000, in accordance with
the further terms set forth in Schedule C.
Being and intended to be a portion of the premises conveyed to Julia Sill, as surviving tenant by the
entirety, by deed dated January 18, 1952 and recorded in the office of the Clerk of the County of
Suffolk on January 21, 1952 in Liber 3312 of Deeds at Page 298:, and conveyed by Julia Sill to the
party of the first part by deed dated December 6, 2010, recorded January 24, 2010 in Liber 12649
page :291.
WHEREAS as set forth in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open
Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town
pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the
affirmative vote of a majority of the Town Board after a public heating and upon the approval of the
electors of the Town voting on a proposition submitted at a special or biennial town election. No
subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon
the alienation of real property acquired by the Town prior to any such amendment. All other
provisions of Chapter 17 of the Code of the Town of Southold and Town Law 64-e apply to this
conveyance to the Town of Southold.
TOGETHER with all fight, title and interest, if any, of the party of the first part 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 fights 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 thc Lien Law, covenants that the
party of the first part will receive the consideration for this conveyance and will hold the fight 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
u§ing any part of the total of the same for any other purpose.-,The word "party" shall be construed as
if' it read "parties" when ever 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~ESENCE OF:
YY#/s/$#f/DeedTm~wNorth
BE USED ONLY WHEN THE ACKNOWLEDGMENT .!.S._M.A. DE IH NEW YORK STATE
State of New York, Coun~ of Suffolk, ss:
State of New York, County of Suffolk, ss:
On the tt~ day of February, in the year 2011 On the ,/~ day of February, in the year 2011,
before me, the undersigned, personalh/appeared before me, the undersigned, personally appeared
ROBERT J. FABRYKEWICZ KATHLEEN FABRYKEWICZ
personally known to me or proved to me on the basis of personally known to me or pro, ed to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is satisfactory evidence to be the individual(a) whose name(s) is
(are) subscribed to the within instrument and acknowledged to (are) subscribed to .tJ~e within instrument and a~nowledged to
me that he/she/they executed the same in his/her/their me thai he/she/they executed the same in his/her/their
capacity(les), and thai by his/her/their signature(s) on the capacity(les), and thai by his/her/their signature(s) on the
instrument, the individual(s), or the pemon upon behalf of whiCh instrument, the individual(s), nc the person upon behalf of which
the individual(s) acted, executed the instrument, the individual(s) acted, executed the instrument.
(signature ~n~ office of individual tal~ing acknowledgment} (signature and office of indMduM taking acknowledgmenl~ ....
Notary Public Notary Public
PATRIOiA L FALLON
Notary Public, State Of New 'tod(
No. 0'[ FA4G50146
Qualified In Suffolk County
Commission Expires April 24,
PATRICIA L. FALLON
Nots,,,/Public, State Of New York
No. 01FA4950146
Qualified In 8L,'~olk County
Commtssien Expire~ April 24, ~ [!
Stale of New Yo~k, County of Sulfol~, ss:
On the /~ daf of Febnmry, in the year 2011, before me, the undersigned, pecsonally appeared
LOiS NtCHOLS
personally known Io me or proved to me on the basis of satisfacto~ evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), ancf
Ihat by hisa'~r/their signature(s) on the instrument, the Individual(s), or the person upon behalf of which the individual(s) acted,
executed tho instrument.
(signature and c~fi'i-ce of-individual ~king acknoq~edgement)
Notary Publk3
District: 1000
Section: 045.00
Block: 05.00
Lot: 003,000
SCHEDULE A - Description of Entire Property
SCHEDULE B- Description of Life Esm. te Parcel
SCHEDULE C- Terms of Life Estate
SCHEDULE D - Description of Life Tenant's Ri~t of'Way
BARGAIN AND SALE DEED
WITH COVt~NANT AGAINST GRANTOR'$ ACTS
Robert J. Fabrykewicz, Kathleen Fabrykewicz
and Lois Nichols as Trustees of the
Julia L Sill Trust dated December 6, 2010
TO
Town of Southold
SCHEDULE A - DESCRIPTION
AMENDED_.2/9/2011
District: 1000 Section: 045.00 Block: 05.00 Lot: 003.000
ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in thc Town of
Souihold, Counly of Suffolk and Stale of New York, bounded and described as follows:
BEGINNING at a railroad monument set 18.79 feet northerly from the northerly side of the Long Island
Railroad Company; said monument being where the westerly line of land now or formerly of tl~ Town of
$outhold and thc easterly line of land herein described intersects said northerly side of the Long Island
Railroad Company;
RUNNING THENCE northerly and westerly along land herein described the following four (4) courses
and distances:
'(I)
(2)
(3)
(4)
North 1 ! degrees 03 minutes 20 seconds East, 755.81 feet £o a point;
South 50 degrees 42 minutes 30 seconds West, 992.08 fe~t ~o a point;
South 40 degrg, es 11 minutes 30 seconds West, 40.63 feet to a monument;
North 47 degrees 20 minutes 50 seconds West, 334.02 fc~t to land now or formerly of
Reiter'a Seven Acre Farm Inc., at the true point crt place of beginning;
THENCE from said true point or place of beginning along said land, Soutl~ 29 degrees 09 minutes 10
seconds W~t, 491,31 fret to a pipe set at thc northeast comer of land now or formerly of Michael
Pekunka and Barbara Marczewski;
THENCE along said ]and and along land now or formerly of the Town of $outhold and through a
railroad monument, Soutl~ 52 degrees 52 minutes 40 seconds East, 598.53 feet to land now or formerly of
(MTA) Long Island Railroad;
THENCE along said land North 54 degrees 40 minutes 10 seconds East, 800.72 feet to a point;
THENCE North I I degrees 03 minutes 20 seconds East, through a railro~ monument and along land
now or formerly of the Town of $outhokl, 774.60 feet to a point;
THENCE along said land the following ~hree (3) courses and distances:
South 50 degrees 42 minutes 30 seconds West, 992.08 f~t to a point;
South 40 degrees I ] minutes 30 seconds West, 40.63 feet to a monument;
North 47 degrees 20 minutes 50 seconds West, 334,02 f~t to land now or formerly of Reiter's Seven
Acre Farm Inc., the point or plac~ of BEGINNING.
! ,
LIFE ESTATE PARCEL (part of Tax Lot 003.000)
ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of
$outhoid, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a railroad monument set 18.79 feet northerly from the northerly side of the Long Island
Railroad Company; said monument being where the westerly line of land now or formerly of the Town of
SoutholcI and the easterly line of land herein described intersects said northerly side of the Long Island
Railroad Company;
RUNNING THENCE northerly and westerly along land herein described the following four (4) courses
and distances:
(2)
(3)
North ! ! degrees 03 minutes 20 seconds F. zzt, 75;5.81 feet to a point;
South 50 degrees 42 minutes 30 seconds West, 992.08 feet to a point;
South 40 degrees ! 1 minutes 30 seconds West, 40.63 feet to a monument;North 47 degrees
20 minutes :50 seconds West, 334.02 feet to land now or formerly of Rotter' s Seven Acre
Farm Inc., at the true point or place of beginning;
THENCE from said true point or place of beginning along said land South 29 degrees 09 minutes 10
seconds We. st, I70.00 feet to a point;
THENCE South 47 degrees 20 minutes 50 seconds East, 170.00 feet to a point;
THENCE North 29 degrees 09 minutes 10 seconds East, 170.00 feet to a point;
THENCE North 47 degrees 20 minutes 50 seconds West, 170.00 feet to the true point or place of
BEGINNING,
ALL ~t certain plot, piece or pmccl of hind, sima~, lying and being at Greeapon, ~ the Tow~ of
Southold, County of Suffolk and St, utc of New York, boun~ and der, ctibed ~s follow~:
B. RGINNING at point distant the following two (2) c, outses aad distaaces from a monument set of the
soS~ri¥ side of Main Road (S.IL 25); said point also being thc boundary Igtwcen lands now or formerly
of Rei~s Seven Acre'Farm Inc. aud land now ot funnily of Town of $outhold:
Soo~herly 54.04 feet from said monument set on the southerly side of Main Road (S.R, 25);
North 54 degrms 25 minutes 10 $ec~ East, 23.70 fegt to thc Wuc poim o~ place of begiantng;
RUNNING TligNCE South 39 degre~ 15 minutes 46 sccouds East, 74.11 feut;
THgNCR South 37 degr~s 22 minutes 30 s~amts lis,t, 77,93 fe~;
TH~CR South 37 degrees 1 $ minutes 24 seconds East, 90.48 feet;
TllRNClg South 34 degrees 06 minutes 19 seconds East, 46.25 feet;
TIIIi2VCIg South 27 degt~es 30 minuica 03' seceads Bast, 45,65 feet;
THENCE North 47 degrees 20 minutes 50 seconds West, 29.46 feet;
THIgNCR North 27 d~grees 47 minutes 49 seconds West, I9.05 feet;
THENCE North 34 degrees 16 min~ 46 soconcls West, 52.25 feet;
North 38 degrces 05 minut~ 50 se. corgis West, 70.93 feet;
THENCE North 37 d~es 10 minutes 28 secouds West, 95.1{4 feet;
THE.NCR North 38 degrees 55 minutes 22 seconds West, 67.23 feet;
THRNCR Nmmh 54 degas 25 minutes 10 seconds East, 9.62 feet to the point or place of BE(~INN~G.
SCHEDULE C
TERMS OF LIFE ESTATE
This conveyance is made subjc~ to thc condition that title to the premises described ia
Schedule "B" shall vest in Thc Town of Southold upon thc death of JULIA L. SILL, and by
acceptance of'this grant the Grantee hereby agrees to such condition.
JULIA L. SILL reserves to herself a life estate which permits the exclusive possession, use
and enjoyment of the rents, issues, and profits of the above granted lands and premises for and her
natural lifetime (hereinafter "life tenant"). The life tenant shall maintain and keep in good repair and
condition said lands and premises, in substantially the same condition as at present, shall not commit
or permit waste, and shall be solely responsible for all expenses, and ordinary and extraordinary
repairs. Life tenant shall pay all taxes, liens and assessments accruing during said life tenancy, and
shall retain full value fire and property damage insurance issued by a reputable company, such
insurance to name The Town of Southold as its interest may appear. Life tenant shall provide The
Town of Southold with credible proof at least annually that said insurance premiums, taxes, liens and
assessments (if any) have been fully paid. During said life tenancy, life tenant shall maintain
adequate bodily injury and property damage liability insurance in a responsible company. Such
policy or policies shall include The Town of Southold as an additional insure& Life tenant shall
indemnify and hold The Town of Southold harmless from and against any and all claims, suits,
damages, costs, losses and expenses which may result from or arise out of life tenant' and their
invitees' licensees', and guests' or others' use and occupancy of the lands and premises hereby
conveyed.
The Life Tenant shall benefit from a right of way for ingress and egress to the life estate
property along the existing dirt driveway solely to benefit the Life Tenant as described in Schedule
"D". Life tenant shall be responsible to repair and maintain its lawful Right of Way to the Premises.
Life tenant acknowledges that Grantee has no practical access to its lands adjacent to the life
estate parcel as described in Exhibit B and agrees to permit access across its life estate parcel on the
existing driveway to Grantee with reasonable notice by Grantee for the purpose of Grantee's
inspection and management of its adjacent parcels.
In the event life tenant fails to pay taxes or other claims, suits, costs and other expenses shall
become a lien against the property. Life Tenant shall be responsible for reasonable attorney fees and
costs to enforce said lien.
The premises shall be vacated by the heirs and legal representatives of the life tenant within
sixty (60) days from the date of the life tenant's death. Entry thereafter by The Town of SouthoM
shall not release said life tenant, her heirs, successors and assigns, from any claim or action The
Town of Southold may have.
TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances
thereof, to the said Grantee, The Town of Southold, its successors and assigns, to their own use
forever;
AND the said Julia Sill, for herself and her heirs, executors and administrators, do covenant
with the said Grantee, its successors and assigns, that until the ensealing of these presents they are the
sole owners of the premises, and have good right and title to convey the same in manner aforesaid,
that they are free from every encumbrance, except as hereinabove mentioned; and further hereby
engage to warrant and defend the same against all lawful claims whatever, except as hereinabove
mentioned.
IN WITNESS WHE~OF, lulia Sill, the life tenant, hereunto sets her hand and seal this 16th
day of February, 2011.
r~[I'LIA-L. SILL by-ROB~EgT ~. F~AllRYI~WICZ-~ Attorney- in-fact
POe, ER 01: ^TTOSNE¥
$ tI,~12 LTAJ.LE OI.J$ LY I.-IEitEWIltt
FOR COUNTY USE ONLY
-.-, ~ r~_,_?______~ 8 ,~ ,q,
, PLEASE TYPE ORTRESS FIRMLY WHEN WRmNG ON FORM
· INSTRUCTIONS: httlr.//www.orps.state.ny.us or PHONE (518) 473*7222 ~ ~
REAL PRO~~ TRANSFER REPORT
RP - ,~.~?
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Robert J. FabrTkewtez, Kathleen Fabryke~icz and Lois Nichols, as Trustees o£ the[
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~UYEW~TI~Y
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902-6.550
NEW YORK STATE
COPY
·