HomeMy WebLinkAboutL 12050 P 809
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Return to and prepared by
LeClair Ryan, A Prolc5sional Corporation
707 East Main Street
Richmond, Virginia 23219
(8)4) 783-2003
DEED
THIS DEED, made this I,/-Ih day of r<lJrua.;y , 2000, by and between L.
(no #) Central Avenue, Fishers Island, New York 06390,
BAGLEY REID (also known as BAGLEY REID) ("Grantor")~nd BAGLEY REID as Trustee
("Grantee") of The Bagley Reid Amended and Restated Trust U/A dated December 13, 1999, a
(no #) Central Avenue, Fishers Island, New York 06390,
Virginia trust ("the Trust")~also index as Grantee).
WITNESSETH:
That the Grantor hereby GIVES, GRANTS, and CONVEYS with GENERAL
WARRANTY and ENGLISH COVENANTS OF TITLE unto Grantee, as Trustee, Grantor's
interest in the following described real property located in the County of Suffolk, New York, to-
wit:
SEE SCHEDULE A, ATTACHED HERETO
AND MADE A PART HEREOF
.
This conveyance is made subject to restrictive covenants, conditions, mortgages, and
easements of record insofar as they may legally affect the property hereby conveyed.
TO HAVE AND TO HOLD the property hereby conveyed as Trustee under the Trust, in
.
fee simple, but subject to the following uses and trusts, to wit:
That the Grantee shall have the full power, right, and authority hereby granted unto
Grantee, and the Grantee's successors in trust, subject to any restrictions or reservations herein,
to control, rent, lease, improve, exchange, mortgage, encumber, sell, and/or convey the property,
either in whole or in part, at such time or times and on such terms and conditions and for such
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consideration, or no consideration, as the Grantee may, in the Grantee's discretion, deem
advantageous, with the further right to subdivide and resubdivide said property and to dedicate
such portions thereof for public use as Grantee shall deem desirable, together with the right to
grant licenses and casements for utility or other purposes across, over, and under said property,
and the Grantee are hereby empowered to execute, acknowledge, and deliver such deed, deeds of
tru,t, leases, and other instruments necessary to carry out the foregoing powers, and there shall be
no obligation or liability upon any purchaser or purchasers, lessee of said property, or any part
thereof, or upon any party or parties making any loans secured by deed or deeds of trust upon
said property, or any part thereof, to see to the proper application of the proceeds of such sale,
lease, or loan.
Every deed, deed of trust, lease or other instrument executed by Grantee, or its successors
in trust, on behalf of the trust identified herein and in relation to the property described herein
shall be conclusive evidence in favor of every person claiming any right, title, or interest
thereunder, that (i) at the time of delivery of such instrument the trust was in full force and effect;
.
(ii) such instrument was executed in accordance with the terms and conditions of the trust
agreement establishing such trust as the same. may be amended from time to time, and is binding
upon all beneficiaries under said trust; and (iii) if such instrument is executed by successor(s) in
trust to Grantee that such successor(s) in trust have been properly appointed and arc fully vested
with all the title, estate, rights, powers, duties, and obligations of Grantee, provided such
succ.~ssor(s) in trust certify in said instrument that such successor(s) in trust have been properly
appointed.
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In addition to the powers granted herein and otherwise by law, the Trustee has all the
powers set forth in Virginia Code Section 64.1-57 as in effect on the date of the Trust
Agreement.
NOTE: This document has been prepared without benefit of a title examination or
curr<~nt survey with the property description supplied by the Grantor.
WITNESS the following signature.
~. ~rPyc;L
L. BAGLEY REID
State of: fJe uJ \!or~
IJEWfD~t;-~ ~1'(6f Suf:jbl~
r-e ~-
On the J4-I-ctay Of-t%6~A~ in the year 2000, before me, the undersigned,
personally appeared L. BAGLEY REID, rsonally known to me or proved to me on 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, the individual, or the person upon behalf of which the individual acted, executed the
instrument, and that such individual made such appearance before th n ersigned in the
~~~t:w AiA~ ~ in J1 ~~ J./<<'
(imcrt the City or other political subdivision)
/
Notary
Bagley Reid, Trustee
The Bagley Reid Amended and Restated Trust Agreement
Box 475
Fishers Island, New York 06390
rtlOMM F. OO"'~I'<TV .11'1.
NaUlry Publ\~ State of NO)'J'< York
No, 4806559
Oua,lifiao in SUlfCtlk County
TE>rm Expires 12/31d
Qrantee's address:
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SCHEDULE A
ALL that lot or parcel of land, with the buildings and improvements thereon, in the Town
of Southold, Suffolk County, State of New York, being a part of that portion of Fishers Island
formerly belonging to FISHERS ISLAND DEVELOPMENT CORPORATION, a corporation
organized under the laws of the State of New York, (hereinafter referred to as "FIDC") (which
portion is hereinafter called the "Park") lying to the east of Peninsula Road, said lot or parcel of
land being bounded and described as follows:
TRACT NO.2 Block 33 Lot 3
Beginning at an iron pipe on the Northeasterly line of a proposed road, said iron pipe
being located 1242.96 feet North of a point which is 239.50 feet West of a monument marking
the United States Coast and G~:odetic Survey Triangulation Station "NIN" and thence running
North 420 16' 54" East 343.72 f~:et to an iron pipe; thence North 54000' 00" West 116.20 feet to
an 1Iron pipe; thence South 380 28' 30" West 94.15 feet to a point; thence South 720 05' 54" West
96.27 feet to a point; thence South 82043' 00" West 196.17 feet to a point; thence South
31059' 06" East 206.54 feet to an iron pipe; thence South 78054' 06" East 100.00 feet partly
along said proposed road to the point of beginning.
Containing 1. 46 acres, more or less.
Subject to a right of way 20 feet in width for the existing 10" water main crososing the
above described tract, the center of said right of way being the center of the existing 10" water
maIn.
Together with the appurtenances, and all the estate and rights of FIDC in and to said
premises;
SUBJECT to any state of facts an accurate survey may show; and
SUBJECT to covenants, restrictions, easements, rights, grants, and declarations of record,
if any, and easements for use of public utilities; and
SUBJECT to the reservation of certain rights by FIDC in that certain deed dated October
27, 1978 between FISHERS ISLAND DEVELOPMENT CORPORATION and the Grantor
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her<~in, and recorded in the Oflice of the Suffolk County Clerk, Liber 8969, page .359 ("the
Original Deed"), which reservations are more particularly described herein; and
SUBJECT to all applicable laws and regulations of Federal, state and local governmental
authorities
EXCEPTING from the grant of the land and premises hereby conveyed a reservation by
FIDC in the Original Deed of easements and rights of way within a strip of land approximately
five feet wide for the erection thereon of poles to support wires for the transmission of electricity
for light, heat, telephone and other purposes, and for the construction, operation and maintenance
of pipe lines or conduits under the surface of said reservation for any lawful purpose whatsoever,
but FIDC shall have the right to release the premises above described from these particular
easements and rights of way;
PROVIDED, HOWEVER, that whenever the surface of the ground shall be disturbed by
FIDC, its successors or assigns, for the purpose of constructing or repairing any such pole line,
pipe line or conduit, it shall become the duty of FIDC, its successors or assigns, forthwith, at its
or their own expense, to repair and restore the surface of the grant so disturbed to substantially
the same condition as shall have existed before the time of such disturbance.
The Grantor hereby grants and conveys to the Grantee and its assigns an easement for
ingress to and egress from the premises above described over and along such private roads as now
or may hereafter exist connecting the said premises with the public highway. Subject to a
reservation by FIDC in the Original Deed of the right to change the location, route or grade of
said roads from time to time, provided that such change shall not prevent reasonably convenient
and adequate access to the premises herein conveyed nor unreasonably lengthen the distance to be
traveled to reach such public highway.
TO HAVE AND TO HOLD the premises herein granted unto the Grantee
PROVIDED, HOWEVER, that this conveyance is made subject to the following
covenants and agreements which are hereby entered into by the Grantee and its assigns by the
a,~ceptance hereof as a part of the consideration therefor:
That the aforesaid premises shall be occupied and used by the Grantee for private
r<~sidential purposes only, and not otherwise and there shall be erected thereon only a private
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residence for the use of one TIlmily only, together with the necessary outbuildings appurtenant
thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence
shall be erected or maintained on each of such homesites, which are hereinbefore respectively
designated as Homesites Nos. Tract No. 1 and Tract No.2.
That no building or other structure shall be erected on the aforesaid premises, no
alterations shall be made in the: exterior of any building or other structure erected thereon and
nothing else shall be done materially affecting the appearance of the aforesaid premises except
according to plans (including exterior color scheme, grading plan, planting plan and location plan)
which shall have been approved in writing by FlOC, its successors or assigns.
That no stable for live stock shall be erected or maintained on the aforesaid premises by
the Grantee and no live stock shall be kept on any part of the property hereby conveyed, without
the written consent of FIDC, its successors or assigns.
That the premises herein conveyed shall be kept free from any nuisance, and from any
object or condition otherwise offensive to the neighborhood or dangerous to the health of trees or
other vegetation in said neighborhood.
That from and after the date hereof, the Grantee, by the acceptance of this deed,
covenants and agrees to pay to FlOC, its successors or assigns, an annual maintenance charge, as
fixed by FIDC, its successors or assigns, which charge, except with the consent of the owners of a
majority of the acreage in the: "Park," shall not exceed in anyone year $25 per acre of the
.
premises hereby conveyed, such charge to be applied to the maintenance and repair of roads,
sidewalks, sewers, and gutters, and to the collection and disposal of garbage and other refuse,
PROVIDED, HOWEVER, that FIDC, its successors or assigns, shall not be obligated to maintain
or repair roads, sidewalks, sewers (except main trunk line sewers) and gutters on the premises
herein conveyed; PROVIDED, FURTHER, that in no event shall FIDC be liable for any
performance hereunder in excess of the amount collected by it pursuant to this paragraph.
And it is further covenanted and agreed that no right to the land covered by the waters of
any pond on which said premises abut, or to the control thereof, or to the control of the land
covered by the waters of any streams, or to the banks thereof, running through the above
described premises or to any of said waters, or to the use or control of any of said waters, shall
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pass by this grant; that FIDC, in the Original Deed, reserved the right to raise or lower the waters
of said ponds and/or streams as may from time to time be found expedient; and that the rights of
the Grantee in and to the premises hereby conveyed, shall be limited and bounded by the share or
margin of said ponds and/or stn:ams, as the same may vary from time to time or be regulated by
FIDC, and that the use of said waters at all seasons, and of the land under the same, shall be
subject to the regulations of FIDC; and FIDC, in the Original Deed, reserved to itself and its
assigns in the Original Deed all the water rights upon the premises now hereby conveyed.
To the extent the Grantor has not already done so, the Grantee covenants and agrees to
install upon the premises hereby conveyed septic tanks or other facilities for adequately disposing
of all sewage originating on said premises and further to install at the Grantee's own expense,
when so requested by FIDC, a lateral sewer connection with a main trunk line sewer, if there shall
be one on said premises, or if such trunk line sewer shall have been brought to the property line of
sa.id premises. The Grantee further covenants and agrees at all times to maintain such septic tank,
facilities and/or lateral sewer connection in good repair and proper operating condition. The plans
and specifications for the construction and/or installation of such septic tanks, facilities and/or
la.teral sewer connection shall fIrst be approved in writing by FIDC.
The Grantee hereby covenants and agrees that it will not knowingly permit the premises
herein conveyed to be so used that the water in any fresh water ponds and/or streams contiguous
or adjacent to said premises may be in any way polluted or rendered unfit for potable purposes.
All the covenants and agreements herein expressed shall be binding upon the Grantee and,
having run with and bound the land and premises under the Original Deed until April 15, 1985,
and thereafter from term to term of twentY years upon the consent of the owners of a majority in
acreage of all land within the "Park," sh~ll continue to run with and bind the land and premises
hereby conveyed and all subsequent owners and occupants thereof, in like manner.
All rights and easements of access, implied or expressed, to the property herein conveyed
shall be limited by and subject to such rules, regulations and restrictions governing the manner of
use thereof, or the persons licensed or permitted to use the same, as shall from time to time be
adopted or prescribed by FIDC, its successors or assigns.
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The rights reserved in the Original Deed to FIDC, or to FIDC 's successors or ~ssigns,
and the consent or approval of FIDC, its successorS or assigns herein referred to, shall enure to,
mean or require only the right or act of the said Fishers Island Development Corporation, or its
corporate successor, and shall not refer to or include a person or corporation holding only as
Grantee ofland from said corporation.
PROVIDED, HOWEVER, that any of the covenants and agreements contained in this
deed of conveyance may be at any time and in any manner waived or changed with the consent of
FIDC, its successors or assigns, and the owner or owners for the time being of the land hereby
conveyed, and the owners of a majority in acreage of all the property within the "Park."
The provision last preceding shall apply to cases where the change contemplated is to
affect less than all the land in the "Park" which has been conveyed by FIDC to purchasers but
where such waiver or change shall apply to and affect all the land within the "Park" which has
been conveyed by FIDC subject to the covenants and agreements herein set forth, said covenants
and agreements may be waived or changed with the consent of FIDC or its successorS and the
consent of the owners (other than FIDC) of a majority in acreage of all the land within the "Park."
PROVIDED, HOWEVER, that nothing contained in this deed shall limit the right of
FIDC, its successors or assigns, to set apart such part of its lands situated within the aforesaid
"Park," as it or they may deem suitable for golf courses, club houses, bathing beaches or other
attractions, and necessary buildings appurtenant thereto, and also the right to set apart in the
"Park" other premises deemed suitable for the convenience of the residents of the "P<lfk" to be
used or operated for store or business purposes; but the setting apart of any such lands and their
use shall not operate to confer or vest in purchasers or property owners any rights or interests in
said lands
Being the same property conveyed to BAGLEY REID (also known as L. BAGLEY
REID), party of the second part, by FISHERS ISLAND DEVELOPMENT CORPORATION,
party of the first part, dated October 27, 1978, and recorded in the Office of the Suffolk County
Clerk on March 6, 1981 in Liber 8969 at page 3 S9.
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"12050PC809
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ReCOlmmr'"
Number of pages
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R~VED
$ _'1::L...- ...--- .~
nFJ,i,.. :":<:':"Ti\!"S '~
oofwa PM 4: 37
TORRENS
Serial #
Jun 2 2 2000
T~~;1., '1"'J.<:;~I-_:\.:'~"-; '~.:IJ."l
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[")\X":;:' (> ROM AI'"'"
l llt'\I\') , , L. I f'll-
CLEf\K OF
SUFFOU~ COUNTY
Certificate #
COUNi'Y - - 4 097
Prior Clf. #
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
Recording / Filing Stamps
:D
FEES
Page / Filing Fee
00
S-_
Mortgage Amt.
Handling
TP.584
1. Basic Tax
::)
2. Additional Tax
Notation
Sub Total
R.P.T.S.A.
"J-
'- Sub Total
(-X~_
/~
1C
Spec.! Assit.
Or
Spec. / Add.
TOT. MTG. TAX
EA.52 17 (County)
EA.5217 (State)
Comm. of Ed.
50~
Dual Town Dual County
Held for Apportionment
K
Affidavit
Transfer Tax
Reg. Copy
Sub Total
tf~
90
h1~
Mansion Tax
The property covered by this mortgage is or
will be improved by a one or two family
dwelling only.
YES or NO
If NO, see appropriate lax clause on page #
of this instrument.
Certified Copy
Other
GRAND TOTAL
Real Property Tax Service Agency Verification
Dist. Section Block
Lot
6 Community Preservation Fund
Consideration Amount $ -0-
1000
007.00
03.oQO
003a18
CPF Tax Due
$
-0-
Improved / /
Initia~
7 Satisfactions/Discharges/Releases List Property Owners Mailing Ad res
RECORD & RETURN TO:
AEC~D.._
Vacant Land
Stephen L. Ham, III
Matthews & Ham
45 Hampton Road
Southampton, NY 11968
JUN 22 2000
COMMUNITY
RESEAVA TION
FUND
TD
TD
TD
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8 Title Company Information
Co. Name
Title #
r
Suffolk County Recording & Endorsement Page
This page fonTIS part of the attached
Deed
made by:
(SPECIFY TYPE OF INSTRUMENT )
L. BAGLEY REID
The premises herein is situated in
SUFFOLK COUN1Y, NEW YORK.
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(also known as BAGLEY REID)
TO
In the Township of
In the VILLAGE
or HAMLET of
SOUTHOLD
BAGLEY REID, as Trustee
FISHERS ISLAND
BOXES 5 lliRU 9 MUST BE TYPED OR PRlNfED IN BLACK INK ONLY PRIOR TO RECORDING DR FILING.
(OVER)
PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM
INSTRUCTIONS: http:// www.orps.state.ny.us or PHONE (518) 473-7222
J.-"'" .
FOR COllNlYlJSf 'O/'lW
m;SW$1lcIde
"17 3.~, 'i,(1IJ
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Month," ,m ......,. ._!..:: .",; t
Qt.....
1, Property ~o Ii)
Location STREET NUMBER
Central Avenue
STREET NAME
~outhold
CITYCiRTOWN
REAL PROPERTY TRANSFER REPORT
STATE OF NEW YORK
STATE BOARD OF REAL PROPERTY SERVICES
RP - 5217
RP-5217 Rev 3197
2. Buyer
Name
~EID
LAST I~AME I COMPANY
....
Fishers Island
VilLAGE
106390
ZIP CODE
BAGLEY. as Trustee
FIRST NAME
L-
LAST \lAME / COMPANY
{
1, """,..lME
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3. Tax Indicate where future Tax Bills are to b'e sent
Billing if other than buyer address (at bottom of form)
Address
L-
LAST NAME I COMPANY
L-
STREn NUMBER AND STREET NAME
CITY OR TOWN
4. Indicate the number of Assessment
Roll parcels transferred on the deed
# of Parcels OR D Part of a Parcel
1
5. Deed
Property
Size
10RL
'ACRES'
1 .5
4
Ixl
L-
FflONTFEET
DEPTH
&. Seller
Name
L2EID
LAST NAME f COMPANY
I L.BAGLE'[
FIRST NAME
L-
LAST NAME I COMPANY
FIRST NAME
t
b'
FIRST NAME
STATE
ZIP CODe
(Only if Part of a Parcell Check as they apply:
4A. Planning Board with SUb9ivision Auth,ority Exists
48. Subdivision Approval was Required for Transfer
4C. Parcel Approved for Subdivision with Map Provided
o
o
o
A~ One Family Residential
B 2 or 3 Family Residential
C Residential Vacant Land
D Non.Residenti,al Vacant land
E ~ Agd"ltural I ~
F Commercial J
G Apartment K
H Entertainment / Amusement L
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
108. Buyer received a disclosure notice indicating
that the property is in an Agricultural District
15. Check one or more of these conditions as applicable to transfer:
o
o
o
o
7~ Check the box below which most accurately describes the use of the property at the time of sale:
Community Service
Industrial
Public Service
Forest
11, Sale Contract Date 2 /14 I 00
Month Day: Year
12. Date of Sale I Transfer ~ jl4 I 00
Month Day Year
A
B
'~ C
D
E
F
G
H
I
J
o
, '" 0 , 0 1
, , .
(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 wllole dollar amount.
13. Full Sale Price
14. Indicate t~e value ~ personal 1 , , , I , , 0 I 0 I 0 1
property included In the sale ~' .
l'A$~~IMroRf.fAttclti. Elj\a ""kjI;t~lat...'ii1aI~m.nIRoItaIl'lT_BiU I
16. Vear of Assessment Roll from 1 9 I 9 1 17. Totel Asses$8d Value (of all parcels in transfer) i
which information taken
18. Property Class
I 2 I 1 0 1- U 19. School ~istrict Name 1
Fishers Island
20. Tax Map ldentifier(s) I Rollldentilier{s) (If more than four, attach sheet with additional identifierls))
1000-007.00~03~00-003~18
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Sale Between Relatives or Former Relatives
Sale Between Related Companies or Partners in Business
. One of the Buyers" also a $eller
Buyer or Seller is Government Agency or Lending Institution
Deed Type not Warranty 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
.,~...:.f~F t~J ~ ,v~.i_"\"'lw. ~......;; \t-
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1 0 3 0
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l~iiilt~Ml!ljFl "..r'. - ."... ,'., ,.-'
, ;of.. ,. M..'., .,-. .._.' .c ..'. . ." _..~ .".., _ ,
I certify that all of the iteJm of infonnation entered on this tOIm are we and correct (to the best of my knowledge and belief) and I un:derstanil tilitthe making
of any willful false :;tatement of material fact herein wiD subject me to the provisions of the nenallaw relative to the making and ftHng of false instruments.
BUYER
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BUYER SiGNATURE
4/\\" 100
DATE
Ham
LAST NAME
"
(no #)
Central Avenue
(631)
STREET NUMBER
STREET NAME (AFTER SALE)
AREA CODE
Fishers Island
NY
06390
CITY OR TOWN
STATE
ZIP-CODE
SELLER
( ((
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41 \' /00
DATE
SELLERSIGNATURf
BUYER'S AlTORNEY
ISteDhen L.. III
FIRST NAME
283-2400
TELEPHONE NUMBER
CITY rrOWN ASSESSOR
COpy