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HomeMy WebLinkAboutL 12705 P 847IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 6 Receipt Number : 12-0108577 TRANSFER TAX NUMBER: 12-04006 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 015.00 07.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing COE EA-CTY TP-584 Cert. Copies Transfer tax $30 00 SS 00 $5 O0 SS O0 $o oo $0 O0 TRANSFER TAX NUMBER: 12-04006 NO Handling NO NYS SRCHG NO EA-STATE NO Notation NO RPT NO Comm. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 09/20/2012 01:42:41 PM D00012705 847 Lot: 013.000 Exempt $20.00 NO $15.00 NO $125.00 NO $0.00 NO $60.00 NO $0.00 NO $265.00 Number of p~ges . ~ This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2012 Sep 20 01:42:4i PM JUPlTH ~. PRSCALE .CLERK OF SUFFOLK COUNTY L D00012705 P 84? DT~ I2-04006 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Re~ording / Filing StamlSs 31 TP-584 Notation EA-52 17 (County) ' EA-5217 (State) R.P. TS.A. Comm. of Ed. .5. O0 Affidavit Certified Copy NYS Surcharge 15. 00 Other Sub Total Sub Total i i I. I 4 Di, 12021452 xooo ox~oo oreo o~3ooo ~3 Re~Pn ~ Tax Set Agem ~ 5 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit.. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment% Transfer Tax 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 NOz see appropriate tax clause on page #__ of this instrument. . Community Preservation Fund Consideration Amount $ Q'00 CPF Tax Due $ f Verifica y " Improved Satisfactions/Discharges/Releases List Property Owners Mailing Address ..... RECORD & RETURN TO: Vacant Land\ The Lg~ F~rm of-Lance P. Armstrong, PLLC Anthony J. Lamberti, Esq. ' TD 900 South Avenue, Suite 401 Staten Island., N.Y. 10314 TD Mail to: Judith A. Pascale, Suffolk County Clerk171Title'Company Information 310 Center Drive, Riverhead, NY 11901 www. suffolkcou ntyny, gov/clerk e Suffolk County Recording & Endorsement Page This page forms part of the attached NORMA KAHN DEED (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK, made by: TO In the TOWN of Southold ~,DWARD J. PISINA and DIANE HURD In the VILLAGE as tenants in common or HAMLET of Orient BOXES 6 THRU 8 MUST BE TYPED OR PRIbrrED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) I}AR(~AIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) CAUTION: THiS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE, made the 30th day of July ,2012, BETWEEN NORMA KAHN, surviving tenant by the entirety of Hiller Kahn who died intestate a resident of Suffolk County, State of New York, on June 6, 2012, residing at 255 Three Waters Lane, Orient, New York 11975, party of the first part, and EDWARD J. PISCINA, residing at 81 Ptattsburg Street, Staten Island, New York 10304 and DIANE HURD, residing at 7209 Quincy Avenue, Falls Church, Virginia 22042, as tenants in cornmon party of the second part, WlTNESSETH, that the party of the first part, in consideration ofTen Dollars and No Cents ($10.00), lawful money of the United Stales, 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 at Orient, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: SEE ATTACHEDSCHEDULE A BEING the same premises conveyed to the party of the first part by deed dated November 9, 1972, recorded in the Office of Suffolk County Clerk on November 24, 1972 in Liber 7289 at page 373. SAID PREMISES being known as and by street number 255 Three Waters Lane, Orient, New York 11975; THE party of the first part is the person residing i.n the premises and, if exempt, said party of the first p~art is entitled to the exemption, was entitled to the exemption when obtained, and continues to be so entitled. THE party of the first part further reserves to NORMA KAHN, a special power of apl~ointment to appoint and designate a different party of the second part not to include themselves as holder of said power, their spouse, their creditors, their estate or the creditors of their estate or someone else for their benefit. This special power of appointment shall be personal to the party of the first part, and shall not be subject to assignment or lease. This special power of appointment shall be exercised by a writing that is executed and acknowledged during the lifetime of NORMA KAHN and recorded with the Office of the Clerk of the County of Richmond within sixty (60) days of the date of such exercise. The failure to record notice of any such exercise of this power with the Office of the Clerk of the County of Richmond within sixty (60) days of the party of the first part's exercise shall be conclusively treated as a default in the exercise of the power. This right to exercise the power of appointment retained herein, unless exercised in the manner prescribed herein shall terminate on the death of the survivor of NORMA KAHN. A release of the power reserved hereunder, in whole or in part, in a deed or other instrument, shall be effective when recorded with the Office of the Clerk of the County of Richmond. Any exercise or release of the foregoing powers may be made by the party of the first part's attorney-in-fact acting under a durable power of attorney. THE Grantee, party of the second part, acknowledges that thc Grantor, party of the first part, in this conveyance reserves a special power of appointment retained by the Grantor which permits the Grantor without further notice to exercise said special power of appointment to remove and divest Grantee of any and all interest in the premises and said Grantee, by signature hereon, waives and forever releases any right to contest said exercise and divestment of grantee's interest in the premises to the extent of said interest. THE Grantee(s) and each of them, if there is more than one Grantee, hereby agree, understand, and acknowledge that an Exercise of the Power will terminate the Grantee's interest in the Premises to the extent of any such Exercise. In that regard, the Grantees each agree (or the sole Grantee agrees) to (i) join in any deed or conveyance, or other writing to confirm this understanding and (ii) take whatever action is necessary or appropriate to convey good and marketable title to a third party. In this regard, if applicable, each Grantee appoints any other Grantee as his or her agent and attorney-in-fact to execute and deliver whatever may be necessary or appropriate to effect compliance with this Section. TIlE special power of appointment reserved by this Indenture is to be governed by Section 291 of the Real Property Law. Any instrument purporting to exercise said special power of appointment shall be void as to any other instrument affecting the premises that is prior in recording, 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 HA FE 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..parly of the first part, covenants that the party of the first part has not done or suffered anything whereby the said premise~ hav~ been encumbered in any way whatever, except as aforesaid. AND the p~rty of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will regeiv~e ihe considerati.bn for this conveyance and will hold the fight to receive such consideration as a trust fund to be applied first for t'h.e 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 thc 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. NORMA KAHN Acknowledgment by a Person Within New York State (RPL § 309-a) ) STATE OF NEW YORK ) ss.: COUNTY OF RICHMOND ) On the ~ day of .(~],..- in the year af~,',.L' , before me, the nndersigned, personally appeared NORMA KAHN, persofi~ally~cnown to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. (si~j~atdre and office of individual taking acknowledgment) Acknowledgment by a Person Within New York State (RPL § 309-a) ) STATE OF NEW YO.RK ) ss.: COUNTY OF ~ ) On the ~ ~ day of ~ in the year fl-6'/.q~, before me, the undersigned, personally appeared EDWARD J. PISCINA,p~rson~lly known to me or proved to me on the 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. · N~. 01~1§003~m~2-Fd::~'n':'m°n ~ Cour,,y~,t/ (signa,~ q~d office_~f individual taking acknowledgment) Acknowledgment by a Person Outside New York Slate (RPL § 309-b) ) STATE OF VIRGINIA ) ss.: COUNTY OF _.._~..t5 f'~,yt_k ) On the ~ day of ~%_.op~,~- in the year ZO}--/.. , before me, the undersigned, personally appeared DIANE KURD personally 165own to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her 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 the undersigned in the in Virginia. (signa~ur~f. fice of individual t-aking acknowledgment) Bargain and Sale Deed Title No. NORMA KAHN to EDWARD J. PISC1NA and DIANE HURD, as tenants in common Section 15 Block 7 Lot 13 County or Town Suffolk Street Address 255 Three Waters Lane Orient, New York 11975 Return By Mail To: The Law Firm of Lance P. Armstrong, PLLC Anthony J. Lamberti, Esq. 900 South Avenue, Suite 401 Statcn Island, New York 10314 Reserve This Space For Use Of Recording Office SCHEDULE A · ~'~t certain plot, piece Or parcel .of land, with th, bu,ldmgs and ,mprovements thereon erected, sttuate. ~ lyingandbeingboCJ~eat Orient, in the Town of Soathold, County of Suffolk State of ' ~ t. - New York, known and designated as Lot ///43, on a certain map e~tltled · Orient-By-The-Sea, Sectlon One, situated at Orient Point, Town of Southold, Suffolk · County, New York, October 29, 1957", by Otto W. Van Tuyl & Son, licensed land R! surveyors, Greenport, New York, filed in the office of the Clerk of the Count of 1! Suffolk on November 2l, ~957 under file number 2777. Y TOGETHER with a right of way over Sound View Road, Three Waters Lane and over proposed highways to be known as Park Vlew Lane and Plum Island Lane to and from Hain Road. 'Said premrses are sold subject to: I. Any state of facts an accurate survey may show proveded same do not render the title unmarketable. 2. Zoning regulations and ordinances of the Towfi of Southold. D3. Declaration Of' Covenants and Restrictions dated November 21, 1957, flied in the County Clerk's Office of Suffolk County In Llber No. 4406, Page No..154, filed December 19, 1957. The party of the second part Is Informed and hereby acknowledges notice that the party of the first part contemplates developing premlees retained by the party of the first part and fronting on and along Hain Road to a depth of not less than 200 feet nor more than 400 feet for business uses and purposes, and the party of the second part, by the acceptance of the deed hereunder, covenants and agrees for Itself, its successors and assigns, that they have no objections thereto and waive any right of objectlon that may hereafter accrue by reason thereof, and further covenants and agrees to execute and acknowledge any and all '~.nstruments deemed necessary by the party of the first part in furtherance of and to. effectuate such developmen~his cgnveyance is ~ m~,~ in the regular course of business actu~ily cenduct~l by the patty of the first pa~. ....... PLEASE TYPE O~l PR[:S-S FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www.orps.state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE .ONLY . "~"~1 255 [ Three maters Lane REAL PROPERTY TRANSFER REPORT STATE OP NEW YORK STATE BOARD OF REAL PflOPER'W SERVICES RP - 5217 ;.e~ { Piscina Naroa L~ST WE i COMPM~ I Edward J. Hard Diane 3. Tax Indicate where future Tax Sills ere to be sent BaSinsif other than buyer address (et bottom of forro)' I PiSC ina I 81 Plattsburg Street Staten Island I Edward J. {11975 ZIP~DE I N, Y I 10304 4. Indicate the numar d Mme~ ~11 pi~els trin~ on the d~ I , , # of Percela OR ~] Pan of e Parcel I IoRI 3 1 I IOnly if ~ el e Pamofl Cheek nc tbey apply: ~ Planning Board with Subdivision Authority Exists [] 4S. Subdiviaiofl Approval was R~luired for Transfer [] 4C. Parcel ~Qprovbd for Subdivision with Map Pro~lbd [] 9- RO~I 9-s,,er I Kahn { Norma I I 7. Cbnck tho box below which roost ancHrataly describes tho use of the pJ~M.y at the tiroe of sale: A[~ One Family Residential I~[~ AGricultural ,[~C .....ity Service Residential Vacant Le~ Al)anment K~ Publiu Service Non-ResideotLal Vacant Land Entenalnment / Amusement LI I Forest Cbed; the bexse below se ~ey apply: Ovmerohip Type is Condominium [] that the I~:)pefIy is in en Aot~ulturel Diatr~ SALE INFORMATION 11. Sate Contrm Data I T / -- / ~ I 12. Dm of Sale I Tsel~fro [Pall Sale Pries 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 mortgagnc or other obligatiofls.) Please round to the nsereaZ whole dollar arneum. 14. Indiseto ~ value of pereorml I . o (! prope.y included in t~a se~ ; ~ ' -" 15. Check mae or rom el Ihonc ncntOltolu aa applisebla to ~: A ~ Sale B~n Relm~ or ~rmer Rela~s B ~ Sale Be~n ~latnd ~nies or Pa~ne~ in B~ (' ~ One of the guys= is al~ a ~ller D ~ Burr or ~ller is G~ernmem ~nw or ~nding Instit~ion ~ ~ ~ TV~ W Warrcn~ or ~in and Sale (S~ ~1~) F ~ Sale ~ Fr~ional or ~. than F~ Imem~ (S~ ~1~) G ~ Signal;ant Change in ~o~ B~en Taxable S~us and Sale Da~ H ~ Sale ~ Busine~ is Includ~ in Sale ~i~ J ~ ~her Unusual Farm A~ing Sale ~ (S~ly J ~ None Fee subjec~ to ~eserv~tto~ oJ a special power of appointment to Norma Kahn ASSESSMENT INFOROFATION - Data should reflect the latest Final Assessment Roll and Tax Bill 16. Year of Assessment Roll from I ]., 2 I 17. Teal AW Value [el all percale In transfer) which Ioformaflon taken 5.3.0.01 l&ProperlyClato 12, 1.0 I-I Ile. Schootms~ctNaroe I Oyster Ponds I 20. Tn Map Idac,mm(s) I Roll MontiRor(s) (if moro than Jo.r, MtKh shdmt with ed~tionel idimfifiM(a)) I 1000-015-00-07-00-013-000 I I I I I CERTIFICATION I ,:erdfy that all OF the IWus of InfommtJen entered ga chh Feral am ira, amd cor~l (Io the be,1 el m)' kno~tedl~ and hofie~ end [ under,land that the ruskinR at* uny ~SIFuI Fabe 51Atement fl~ nuterJ~l feat herein ~qi[I subJeff me to the pro~kk~q or lb.- ix~ul law rdati%T b) Ihe mofcln~ and rdin~ el' ral:~ hL~trumml~ BUYER Edwar~ ~". ~sczna 81 ) Plattsburg Street Staten Island { N Y I 10304 Additional Buyer D' e [1 rd SELLER -- -- -/ ' BUYER'S A'ITORNEY The Law Firm of Lance P~ Armstrong, PLLC 718 I 477-7700 I NEW YORK STATE COPY