HomeMy WebLinkAboutL 12009 P 386 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE, made the 0' day of December, 1999
BETWEEN RICHARD B. THATCHER, 249 Southdown Road, Huntington, New York 11743,
and M. LLEWELLYN THATCHER, 14 Esther Place, P.O. Box 742, Branford,
Connecticut 06405,
party of the first part, and DAVID J. STRUPP, JR. , 15 Cayuga, Rye, New York 10580, and
SALLY STRUPP WAKEMAN, 46 Beltram Road, London SW6 3AJ, England, as tenants in
common, each with an undivided one-half (1/2) interest,
party of the second part,
WITNESSETH,that the party of the first part, in consideration of One Hundred Thousand and
00/100--------------------------($100,000.00)-------------------------------- dollars
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 being kbdbe 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 the same premises conveyed to the party
of the first part by deed, dated September 2, 1994, and recorded in the Office
of the Suffolk County Clerk on September 7, 1994 in Liber 11692 page 853, said
premises described on Schedule A hereto also being known as and by Block 19,
Lot 1-D, 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.
SUBJECT TO Boundary Line Agreement, dated May 28, 1993, recorded in the Office
of the Suffolk County Clerk on August 16, 1993 in Liber 11640 page 249.
DISTRICT LUf
TOGETHER with all right, 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 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 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
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" 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 PRESENCE OF: _y00'���r�/I
Richard B. Thatcher
u
. Ll wellyn latcTier
Standard N.Y.B.T.U. Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment
Form 3290
. 1
SCHEDULE A
TO
DEED
Party of the First Part: Richard B. Thatcher and M. Llewellyn Thatcher
Party of the Second Part: David J. Strupp, Jr. and Sally Strupp Wakeman
Deed Dated: December 7 , 1999
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 more particularly bounded and described as follows:
BEGINNING at a stone monument set on the northerly corner of the herein described
premises, said monument being 1337.00 feet West of a point which is 884.85 feet North
of another monument marking the U. S. Coast and Geodetic Survey Triangulation Station
"Chocomount 2" (which said "Chocomount 2" monument is located on the summit of the
highest hill on Fishers Island, N.Y. about two and one-quarter miles West of the Eastern
End of Fishers Island and lies South 79 degrees 29 minutes 46 seconds East of North
Dumpling Light in Fishers Island Sound); and
RUNNING THENCE South 50 degrees 34 minutes 00 seconds East, 23.00 feet to an iron
pipe on the arc of a curve to the right having a radius of 228.74 feet and the direction of
whose radius at that point is South 39 degrees 26 minutes 00 seconds West;
THENCE along the arc of said curve to the right, 77.84 feet to an iron pipe on the arc of
another curve to the right whose radius is 59.61 feet and the direction of whose radius at
that point is South 58 degrees 55 minutes 50 seconds West;
THENCE along the arc of said curve to the right, 75.16 feet to a monument;
THENCE South 41 degrees 10 minutes 20 seconds West, 185.00 feet to a monument;
THENCE North 60 degrees 36 minutes 00 seconds West, 140.39 feet;
THENCE North 11 degrees 18 minutes 40 seconds West, 101.98 feet;
THENCE North 43 degrees 59 minutes 20 seconds East, 102.63 feet;
THENCE North 73 degrees 04 minutes 50 seconds East, 136.51 feet to the monument set
at the point or place of BEGINNING. f
TOGETHER WITH a perpetual sight easement in favor of the above described premises
and the owners thereof over the Easement Area described below (which is located on
other premises of the Seller adjoining on the west) in accordance with the following
provisions.
Subject to the conditions described below, the party of the second part, and the party of
the second part's personal representatives, successors and assigns, shall have the right
to enter into the Easement Area for the purpose of cutting, clipping or otherwise removing
any vegetation, structures or obstructions that exceed in height the elevation of ten feet
above elevation zero based on NGVD 1929 datum but only to the extent of the excess, and
the party of the second part (and such personal representatives, successors and assigns)
shall have the obligation to remove from the Easement Area and to properly dispose of all
debris (natural or otherwise) resulting from their actions in maintaining the perpetual sight
easement.
12009PC386
The party of the second part's rights hereunder are subject to the following conditions.
The party of the second part shall give the party of the first part at least ten days advance
notice of the party of the second part's intention to exercise such rights, specifying the date
or dates (not to exceed two weeks during any clearing period) on which party of the
second part will exercise such rights. Such notice shall be given by certified mail, return
receipt requested to the then current address for the party of the first part specified on the
tax rolls. The party of the second part shall have no right to enter into the Easement Area
except during the dates specified in a validly delivered notice. The party of the second
part shall have the right to deliver such a notice only twice during each calendar year and
no clearing date shall be specified for the months of May - October, inclusive. The party
of the second part shall obtain all required permits from the relevant governmental
authorities with jurisdiction over activities in the Easement Area before engaging or
causing its agents or employees to engage in any such activities. The party of the second
part shall indemnify the party of the first part and hold the party of the first part harmless
from and against any and all liabilities or damages resulting to the party of the first part,
directly or indirectly, by reason of the party of the second part's (or the party of the second
part's agents or employees) activities in the Easement Area.
The party of the second part's rights hereunder are subject to termination if the party of the
second part exceeds the authority granted in the second preceding paragraph or fails or
refuses to observe, comply with or perform any of the conditions set forth in the next
preceding paragraph unless party of the first part shall have consented in writing to any
such deviation, the party of the first part's consent not to be unreasonably withheld in the
case of any requested deviations from the conditions set forth in the next preceding
paragraph only.
The Easement Area affected by the perpetual sight easement granted herein is bounded
and described as follows:
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being on Fishers Island, in the Town of Southold, County of
Suffolk and State of New York, being more particularly bounded and described as follows:
BEGINNING at a monument set at the easterly corner of the herein described tract, said
monument being located 845.12 feet North of a point which is 1467.60 feet West of a
monument marking the United States Coast and Geodetic Survey Triangulation Station
"Chocomount 2"; and
RUNNING THENCE South 43 degrees 59 minutes 20 seconds West, 102.63 feet to an
iron pin;
THENCE North 67 degrees 33 minutes 13 seconds West, 330.00 feet to a point at the
shore of Fishers Island Sound;
THENCE with the meanders of said Sound North 28 degrees 55 minutes 30 seconds
West, 86.83 feet, and North 39 degrees 18 minutes 40 seconds East, 94.12 feet to a point;
THENCE South 66 degrees 10 minutes 30 seconds East, 285.45 feet to an iron pipe;
THENCE South 48 degrees 42 minutes 00 seconds East, 129.81 feet to the monument at
the point of BEGINNING.
12009PG386
1 nT" 3 �,�.
$ -- RECORr1ED
Number of pages 9TORRENS 99 DEC 23 Phl 41 51
Serial# '.: , Ci_FhK OFCertificate# SUFFOLK COUNTY
Prior Ctf. #_ 21824
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
4 FEES
Page/Filing Fee 1j� Mortgage Amt.
Handling v 1. Basic Tax _
TP-584 2.Additional Tax
Notation Sub Total
EA-52 17(County) Sub Total Spec./Assit.
Or
EA-5217(State) 61 Spec./Add.
i
R.P.T.S.A. pyCsSU�YA� TOT.MTG.TAX
S Dual Town Dual County
-
Comm. of Ed. 500 Held for Apportionment
Affidavit + _ Transfer Tax
Certified Copy �� Mansion Tax
The property covered by this mortgage is or
Reg. Copy will be improved by a one or two fain ily
Sub Total /<r dwelling only.
Other [�_ YES or NO
U
GRAND TOTAL If NO,see appropriate tax clause on page#
of this instrument.
5 Real Property Tax Service Agency Verification 6 Community Preservation Fund
Dist. Section Block Lot Consideration Amount $ 100,000
1000 003.00 03.00 a CPF Tax Due $ 500
^' Improved
jatRECEWED
dra
In
Vacant Land
7 Satisfactions/Discharges/Releases List Property Owners Mailing Add �Ss DEC 2. 3 1999 TD
RECORD& RETURN TO:
r
David J. Strupp, Esq. Cta:1 , TD
Davis Polk & WardwellF h J` TD
y 1 i u
450 Lexington Avenue x6�ir13
New York, NY 10017 / r
ECo. Name Title Company Informat✓ion
9 Suffolk County Recording & Endorsement Page
This page forms part of the attached Deed made by:
(SPECIFY TYPE OF INSTRUMENT)
RICHARD B. THATCHER and The premises herein is situated in
M. LLEWELLYN THATCHER SUFFOLK COUNTY,NEW YORK.
TO In the Township of SOUTHOLD
DAVID J. STRUPP , JR. and In the VILLAGE
SALLY STRUPP WAKEMAN or HAMLET of FISHERS ISLAND
BOXES 5 '11 IRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(OVEP
PLEASE TYPE S FIRMLY WHEN WRITING ON FORM
INSTRUCTIONS: http://www".rorps.state.ny.us or PHONE (518) 473-7222
,FOR, ,. USEQNLY ,.g
REAL PROPERTY TRANSFER REPORT
STATE OF NEW YORK
' l r„1(fi.'�f.x f3 STATE BOARD OF REAL PROPERTY SERVICES
/' ay RP — 5217 R
TYI A11iOM RP-5217ev 5/91
1.PropertyL (nD #) private road off East End Road
Location STREET NUMBER
aTgEET NAME
Southold _ I Fishers Island 106190 I
CITY OR TOWN VILLAGE
ZIP CODE
2.Buyer I Strupp David J Jr
Nemo LAST NAME ICOMPANY FIRST NAME
Wakeman Sally Strupp
FAST N /COMPANY
FIRST NgME
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 FIRST NAME
STREET NUMBER AND STREET NAME CITY OR TOWN
STATE ZIP COOS
4.Indicate the number of Assessment (Only if Part of a Parcel)Check as they apply:
Roll parcels transferred on the deed I #of Parcels OR Part of a Parcel
IA.Planning Board with Subdivision Authority Exists
5.Deed 4B.Subdivision Approval was Required for Transfer
l • 1 ❑
Property X I I OR 6 4C.Parcel Approved for Subdivision with Ma Provided ❑w
Size FRONT FEET DEPTH ACRES p
*out of 4.7 total
6.Seller L ThatcherI Richard B. I
Name LAST NAME/COMPANY FIRST NAME
Thatcher I W Llewellyn
4. IAST NAME/COMPANY
RST NAME
7.Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply:
A' S.Ownership Type is Condominium ❑
A One Family Residential E Agricultural I Community Service 9. New Construction on Vacant Land ❑
B 2 or 3 Family Residential F Commercial i Industrial 10A.Property Located within an Agricultural District ❑
C Residential Vacant Land G Apartment K Public Service 106.Buyer received a disclosure notice indicating ❑
D Non-Residential Vacant Land H Entertainment I Amusement L Forest that the property is in an Agricultural District
S; 1N MAT10N 15.Check one or more of these conditions as applicable to transfer:
11.Sale Contract Date ,
/ 99 A Sale Between Relatives or Former Relatives
Month Day6 Year
B Sale Between Related Companies or Partners in Business
C One of the Buyers is also a Seller
12.Date of Sale/Transfer L 12 / I / 99 I D Buyer or Seller is Government Agency or Lending Institution
Month Day Year E Deed Type not Warranty or Bargain and Sale(Specify Below)
F Sale of Fractional.or Less than Fee Interest(Specify Below)
G Significant Change in Property Between Taxable Status and Sale Dates
13.Full Sale Price 1 0' 0 0 0 0 0 0 H Sale of Business is Included in Sale Price
7
(Full Sale Price is the total amount paid for the property including personal property. I K Other Unusual Factors Affecting Sale price(Specify Below)
This payment may be in the form of cash,other property or goads,or the assumption of I None
mortgages or other obligations.) Please round to the nearest whole doll a assumpt. Parcel Of V3CanC land included within14.Indicate the value of personal 0 0 I
property included In fire sale a 0 assessment of larger improved parcel
ASSESS INF TION Data thoUld rtiffi the latest=Final Assessment Roll ern} ai(<Blt'
16.Year of Assessment Roll from
which information taken I 9 . 9 17.Total Assessed Value(of all parcels in transfer) I ri n 6 n f
7 1 f
18.Property Claes 12 - I. 01–I_I 19.School District Name I Fishers Island
** includes uremisea and inure
20.Tax Map IdeMifier(s)/Roll Idemifierls)(B more than four,attach sheet with additional identifieds)) j
1000-003.00-03.00 - p/o 006.000 1 I
I I i I
fu
I certify that all of the items of information entered on this form are true and correct(to the best of my knowledge and belief)and t undefstand that the making
of any wHIM false statement of material fact herein will subject me to the provisions of the penal law relative to the making and Piling of false instruments
BUYER BUYER'S ATTORNEY
12/ /99 Strupp I David J.
BUYER SIGNATURE DATE LAST NAME FIRST NAME
(1) 15 Cayugi
(2) 46 1 Beltran; Road 222 450-4330
STREET NUMBER STREET NAME(AFTER SALE) AREA CODE TELEPHONE NUMBER
(1) Rye irk 10580
(2) London UK SG;') 3AJ
CITY OR TOWN STATE ZIP CODE
( SELLER CITY11'OWN ASSESSOR
� P
COPY
$ELLER SIGNATURE DATE