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Home My WebLink AboutL 11859 P 39 Bargain and Sale Deed with Covenant against Grantoes AM Individual or Corporation(Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY 0 �9 THIS INDENTURE,made the t} day of October nineteen hundred and ninety—seven / BETWEEN BETTE M. BURR, formerly known as Bette M. Spohn, 50 Berkshire Place, Hackensack, New Jersey 07601 9 3 party of the first part,and DAVID C. BURNHAM, II and ANNE H. BURNHAM, husband and wife, (no N) Whistler Avenue, P.O. Box 335, Fishers Island, New York 06390, 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 certain plot,piece or parcel of land,With the buildings and improvements thereon erected,situate,lying and beingin4he 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 the same premises conveyed to the party of the first part / (under her name Betty M. Spohn) by deed, dated March 22, 1974 and recorded in the Office of the Clerk of the County of Suffolk on April 29, 1974 in Liber 7627 page 575. Tax Ma By accepting this deed, the party of the second part covenants and agrees for Designation themselves and their successors and assigns that no structures shall be erected on the above described premises until the earliest to occur of: (a) the death of the father of the party of the first part, Elbert W. Burr, (b) the date the Dist. premises situate northwest of Lots 22, 24 and 25 on Map No. 223 (filed March 11, ].913) known as Lots 1, 2 and 3 on such Map No. 223 are no longer owned by the sec. said Elbert W. Burr, or (c) October 15, 2007. Blk. Lot(s) 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 fust 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 fust 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 fust 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: +H�� lJ/ ette M. Bdrr FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. PNT9712636 SCHEDULE A AMENDED 10/15/97 ALL those certain lots, pieces or parcels of land, situate at Fishers Island, Town of Southold, Suffolk County, New York, bounded and described as follows: Lots 21, 22,123, 24, 25, 79 and 80 (together with the right of way between 23 and 80) as shown on "Pian of Peninsulaat Fishers Island, owned by Charles W. Hedge and Frances G. Thorp, made by Chandler & Palmer, Engineers, Norwich, Conn. 1913" and filed in the Office of the Clerk of the County of Suffolk on March 11, 1913, file No. 223. PARCEL I: Lots 22, 24 and 25 BEGINNING at a point on the northerly side of a Right of Way at the southeasterly side of corner of land now or formerly of Elbert W. Burr; RUNNING THENCE North 24 degrees 07 minutes 55 seconds East, along land now or formerly of Elbert W. Burr, 1.50.00 feet; THENCE South 65 degrees 52 minutes 05 seconds East, 150.00 feet; THENCE South 24 degrees 07 minutes 55 seconds West, 150.00 feet to the Right of Way 1st above mentioned; THENCE North 65 degrees 52 minutes 05 seconds West, along the northerly side of Right of Way, 150.00 feet to the point or place of BEGINNING. PARCEL II: Lots 21, 23, Right of Way 79 & 80 BEGINNING at a point on the easterly side of a Right of Way at the northwesterly corner of land now or formerly of JoAnne M. Burr; RUNNING THENCE North 16 degrees 04 minutes 02 seconds East, along the easterly side of a Right of Way, 170.00 feet; THENCE South 65 degrees 52 minutes 05 seconds East, along the southerly side of another Right of Way, 263.15 feet to land now or formerly of JoAnne M. Burr; THENCE South 24 degrees 07 minutes 38 seconds West, along the last mentioned land, 79.81 feet to the waters of Darbies Cove; continued on next page - rlis1' �' 03 FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9712636 SCHEDULE A (continued) THENCE Westerly, northerly, westerly and southerly along the approximate high water line of 345 feet more or less and equal tie courses and distances of South 87 degrees 32 minutes 35 seconds West, 170.17 feet to land now or formerly of JoAnne M. Burr; THENCE North 73 degrees 55 minutes 58 seconds West, along the last mentioned land, 88.00 feet to the easterly side of Right of Way at the point or place of BEGINNING. The policy to be issued under this report will insure the title to such buildings and FOR improvements erected on the premises which by law constitute real property. CONVEYANCING ONLY TOGETHER with all the right, title and interest of the party of the first part, of, in and to the land lying in the street in front of and adjoining said premises. El 0 11152 0 C-0an 11859 PC 039 RECENED $ 4 r r*l Number of pages REAL ESTATErri o TORRENSOCT Z 1991 p G =i> r Serial#_ TRANSFER TAX Co Certificate# SUFFOLX Prior Ctf.# 11152 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps q 1 FEES Page/Filing Fee _ ZJ U Mortgage Amt. _ Handling _�• 1. Basic Tax TP-584 _ � 2. Additional Tax Notation _ z Sub Total EA-5217(County) _ a Sub Total cJ (/ Q SpecJAssit. or EA-5217(State) Spec./Add. R.P.T.S.A. 02 3._ TOT.MTG.TAX 4} Dual Town Dual County Comm.of Ed. 5 • + Held for Apportionment Affidavit Transfer Tax 4Ro Mansion Tax Certified Co Py The property covered by this mortgage is or _ will be improved by a one or two family Reg.Copy 3 ddwelling only. Sub Total •— YES or NO Other .S D d If NO, see appropriate tax clause on page # GRAND TOTAL of this instrument. 5 Real Property Tax Service Agency Verification 6 Title Company Information Dist. Section Block Lot Fidelity National Title SuFrom Insurance Company of NY COLW 1000 010.00 04.00 007.001 Company Name 10 Dae 1000 010.00 04.00 009.003 FNT9712636 Title Number Initials $ - FEE PAID BY: Barbara T. Ham, Esq. Cash Check Charge Matthews & Ham Payer same as R&R 45 Hampton Road (orifferent) t Southampton; NY 11968 NAME: ADDRESS: RECORD & RETURN TO 7 (ADDRESS) 9 L Suffolk County Recording & Endorsement Page This page forms part of the attached Deed made by: (SPECIFY TYPE OF INSTRUMENT) BETTE M. BURR The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of SOUTHOLD DAVID C. BURNHAM, II and In the VILLAGE ANNE H. BURNHAM or HAMLET of FISHERS ISLAND BnYI7S 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.