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HomeMy WebLinkAboutL 12715 P 266SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED N~mBer of Pages: 9 Receipt N~.~er : 12-0146537 TRANSFER TAX NUMBER: 12-11361 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 120.00 05.00 EXAMINED AND CHARGED AS FOLLOWS $0.o0 Received the Following Fees For Above Instrument Exempt Page/Filing $45.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $5.85 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 12-11361 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 12/28/2012 11:51:07 AM D00012715 266 Lot: 001.000 $20.00 $15.00 $125.00 $0.0o $180.00 $0.00 $4o5.s5 Exempt NO NO NO NO NO NO Number of pages This document will be public record, Please remove all Social Security Numbers prior to recording, RECORDED 2012 Dec 28 11:51:07 JUDITH A. P~SCt~LE CLERK DF SUFFOLK COUNTV L D00012715 P 266 DT# 12-I1361 Deed / Mortgage instrument Deed / Mortgage Tax Stamp I Recording / Filing Stamps FEES Page / Filing Fee Handling 20. O0 TP-584 Notation  Sub Total Affidavit ~.~ ~ 15. 00 SubTotal Other Grand Total 4 I Ois~ 120~)0623 lOOO' 12'100 0100 0010~)3  1000 12100 0100 001006 Real ProF 1000 12000 0500 001000 Tax Servi, Agent) Verificati Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: WICKHAM, BRESSLER & GEASA, P.C. P.O. BOX 1424 MATTITUCK, NEW YORK 11952 Mail to: Judith A. Pascale, Suffolk County Clerk ;310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total S pec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Ira n sfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two famEy dwelling only. YES or NO If NO, see appropriate tax clause pn Community Pres~er'-~a(ion Fufl/d' 5 Consideration Amount CPF Tax Due S / TO TD Improved__ Vacant Land 7 I Title Company Information Co. Name I Title # Suffolk County Recording & Endorsement Page Bargain and Sale Deed with Covenant (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In theTOWN of Southo]d In the VILLAGE or HAMLETof Cutchoguc This page forms part of the attached by: Joseph T. Macari TO Macari Farm Winery, LLC BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. made (over) . \Standard N.Y,B~T.U. Form 8002 - Bargain and Sale Deed, with Covenant against G~'antor's Acts - Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the~_.~ay of December, 2012 BETWEEN JOSEPH T. MACARI, having an address of 95-40 Roosevelt Avenue, Jackson Heights, New York 11372, party of the first part, and MACARI FARM WINERY, LLC, a New York limited liability company, with offices at of 95-40 Roosevelt Avenue, Jackson Heights, New York 11372, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100--($10.00)--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 ideirs 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 Mattituck in the Town of Southold, County of Suffolk and State of New York, and being more fully bounded and described as follows: SEE SCHEDULE"A"ATTACHED HERETO AND MADE A PART HEREOF Also being known as: Parcel One - SCTM#1000-121.00-01.00-001.003 Parcel Two- SCTM#1000-120.00-05.00-001,000 & Parcel Three- SCTM#1000-121.00-01.00-001.006 BEING AND INTENDED TO BE the same premises described in deed to the party of the first part herein by deed dated September 15, 1995 and recorded on September 18, 1995 in Liber 11741 at Page 998 and by Deed dated April 30, 1996 and recorded on May 14, 1996 in Liber 11774 at Page 057. TOGETHER with ali 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 pad 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" whenever the sense of this indenture so requires. tN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Re/Macari/MacarieFarmWinerydeed BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York1 County of Suffolk, ss: On the~'--"~day of December, in the year 2012, before me, the undersigned, personally appeared JOSEPH T. MACARI personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged 1o me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the ind~ividual(s), or the'person upon behalf of which the indiv.~f~edf~/.outT/2 in~l/~. (si~]na%~'~j{r~ c~ffic~ o~T'ndiv~'dual taking a~knowied~menl) Notary P~/'J~c ABIGAIL A. WICKHAM . v No~.ry Public, State of NewYorK No. 52-4642871 Quatifiecl In Suffolk County iJ~ Commission Expires Sept. 30. 20.-~7 State of New York, County of ss: On the day of , in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory 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/hedtheir cepacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of individual taking acknowleagment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Territory, or Foreign Country) of County of On the day of , in the year 200, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory 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(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individua~ made such appearance before the undersigned in the (insert the City or other political subdivision) in (and insert the State or Country or other place the ~cknowledgment was taken) (signature and office of individual taking acknowledgement) Notar~ Public BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. JOSEPHT. MACARI TO MACARI FARM WINERY, LLC STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by /~ Commonwealth COMMONWEALTH LAND T[TLE INSURANCE COMPANY DISTRICT: 1000 1000 1000 SECTION: 121.00 120.00 121.00 BLOCK: 01.00 05,00 01,00 LOTS: 001,003 001,000 001.006 COUNTY OR TOWN: SUFFOLK Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: Wickham, Bressler & Geasa, P.C. P.O. Box 1424 Mattituck, New York t t 952 JOSEPH T. MACARI 1000-t21-1-1.3 to MACARI FARM WINERY, LLC SCHEDULE '~A" Winery parcel, Bergen & Sound Aves. PARCEL ONE All that certain plot, piece or parcel of land, situate, lying, and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point from the intersection of the northerly line of Sound Avenue with the easterly side of Bergen Avenue; RUNNING THENCE from said point of beginning North 21 degrees 14 minutes 20 seconds West along the easterly side of Bergen Avenue 177.89 feet to a point on the southerly side of land formerly ofThomton E. Smith; THENCE easterly and southerly through land now or formerly of Thornton E. Smith the following courses and distances: 1. North 68 degrees 45 minutes 40 seconds East 644.58 feet; 2. South 20 degrees 08 minutes 38 seconds East 338.83 feet to a point on the westerly side of land formerly of John Simicich Jr.; THENCE South 1 degree 11 minutes 20 seconds West along land now or formerly of John Simicich Jr. 118.00 feet to a point on the northerly side of land now or formerly of David R. and Jane Starwood; THENCE along said land now or formerly of David R. and Jane Starwood the following two courses and distances: 1. North 85 degrees 48 minutes 40 seconds West 208.96 feet; 2. South 1 degree 11 minutes 20 seconds West 185.00 feet to a point on the northerly side of Sound Avenue; THENCE along the northerly side of Sound Avenue the following three courses and distances: 1. North 66 degrees 56 minutes 40 seconds West 204.03 feet; 2. North 63 degrees 04 minutes 20 seconds West 167.17 feet; 3. North 63 Degrees 24 minutes 00 seconds West 113.59 feet to a point on the easterly side of Bergen Avenue, the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises described in deed dated September I5, 1995 made by Cutcho Corp. to Joseph T. Macari and recorded on September 18,1995 in Liber 11741 at Page 998. Joseph T. Macari to Macari Farm Winery, LLC PARCEL TWO SCTM# 1000-120-5-1 29 acres, E/S Bergen, DRS ALL that certain plot, piece, or parcel of and with the buildings and improvements thereon erected, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York, known and designed as Lot 1 of Section I as shown on a certain map entitled "Map of Thornton Smith, Section 1" and filed in the office of the Suffolk County Clerk on April 24, 1996 as map number 9836, said lot being more particularly bounded and described as follows: Beginning at a point on the easterly side of Bergen Avenue, said point being situate North 32 degrees 34 minutes 43 seconds West a distance of 267.89 feet as measured along the easterly side of Bergen Avenue from the intersection of the easterly side of Bergen Avenue and the Northerly side of Sound Avenue; Running thence North 32 degrees 34 minutes 43 seconds West along the easterly side of Bergen Avenue a distance of 720.07 feet to land now or formerly of Harry Checkla and Don Schulman; Running thence North 61 degrees 11 minutes 17 seconds East along iand now or formerly of Harry Checkla and Don Schulman a distance of 668.61 feet to land now or formerly of Minas Mihaltses and Vassilik Mihaltses; Running thence North 64 degrees 04 minutes 27 seconds East along land now or formerly of Minas Mihaltses and Vassilik Mihaltses a distance of 824.90 feet to land now or formerly of Catherine 8imicich; Running thence along land now or formerly of Catherine Simicich the following two (2) courses and distances: 1. South 32 degrees 11 minutes 03 seconds East 201.48 feet; 2. North 56 degrees 08 minutes 37 seconds East 366.94 feet to a point; Running thence South 33 degrees 51 minutes 23 seconds East through land now or formerly of Thornton Smith a distance of 648.73 feet to the northerly side of a proposed Right of Way; Running thence along the northerly side of said proposed Right of Way and still through land now or formerly of Thornton Smith the following eight (8) courses and distances; 1 in a Southwesterly direction along the arc of a curve to the right having a radius of 685.00 feet a distance of 236.06 feet; 2 South 83 degrees 08 minutes 22 seconds West 50.0 feet; 3 In a Southwesterly direction along the arc ora curve to the left having a radius of 735.00 feet a distance of 336,63 feet; 4 South 56 degrees 53 minutes 53 seconds West 50 feet; · 5 In a Southwesterly direction along the arc ora curve to the fight having a radius of 685.00 feet a distance of 243.99 feet; 6 South 77 degrees 18 minutes 24 seconds West 50.00 feet; 7 In a Southwesterly direction along the arc of a curve to the left having a radius of 760,00 feet a distance of 263.77 feet; 8 South 57 degrees 25 minutes 17 seconds West 675.00 feet to the easterly side of Bergen Avenue and the point or place of BEGINNING. CONTAINING an area of 28.8633 Acres BEING AND INTENDED TO BE the same premises described in deed dated April 30, 1996 made by Thorton E. Smith to Joseph T. Macari and recorded on May 14, 1996 in Liber 11774 at Page 57 PARCEL THP~EE 1~00-121-1-1.6 5 acres DES, adjoining Winery ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Hamlet of Mattimck, Town of Southold, County of Suffolk and State of New York known and designated as Lot 2 of Section 1 as shown on a certain map entitled "Map of Thornton Smith, Section 1" hnd filed in the Office of the Suffolk County Clerk on April 24, 1996 as map number 9836, said lot being more particularly bounded and described as follows: Beginning at a point on the easterly side of Bergen Avenue, said point being situate North 32 deg. 34 min. 43 sec. West a distance of 177.89 feet as measured along the easterly side of Bergen Avenue from the intersection of the easterly side of Bergen Avenue and the northerly side of Sound Avenue; Running thence North 32 deg. 34 min. 43 sec. West along the easterly side of Bergen Avenue a distance of 40.00 feet to the southerly side of a proposed Right of way; Running thence along the southerly side of a proposed Right of Way and through land now or formerly Thornton Smith the following four(4) courses and distances: 1. North 57 deg. 25 min. 17 sec. East 675.00 feet, 2. in a Northeasterly direction along the arc of a curve to the right having a radius of 710.00 feet a distancec~.f246.41 feet, 3. North 77 deg. 18 min, 24 sec. East 50.00 feet, 4. in a Northeasterly direction along the arc of a curve to the left having a radius of 735.00 feet a distance of 164.t9 feet to a point; Running thence still through land now or formerly Thornton Smith the following two (2) course and distances: 1.' South 15 deg. 24 min. 03 sec. East 520.17 feet, 2: South 74 deg. 35 min. 5'7 sec. West 160.89 feet to land now or formerly Thomas Zaweski and Christine Zaweski; Running thence along land now or formerly Thomas Zaweski and Christine Zaweski the following two (2) courses and distances: 1. North 15 deg. 24 min. 03 sec. West 87.57 feet, 2. South 80 deg. 00 min. 35 sec. West 220.16 feet to land now or formerly Suffolk .County .Industrial Development Agency; Running thence along land now or formerly Suffolk County Industrial Development Agency the following two (2) courses and distances: 1. North 31 deg. 29 min. 01 sec. West 338.83 feet, 2. South 57 deg. 25 min. 17 sec. West 644. 58 feet to the easterly side of Bergen Avenue and the point or place of BEGINNTNG. Cont~ng an area of 5.0295 Acres. BEING AND INTENDED TO BE the same prgmises described in deed dated. April 30, 1996 made by Thorton E. Smith to Joseph T. Macari and receded in the office of the Suffolk County Clerk on May 14, 1996 in'Liber 11774 at. Page 57 : EASEMENT TOGETE[ER w/th an easement across a certain Right of Way shown on the map entitled ~'Map of Thornton Smith, Section 1" and filed in the Office of the Suffolk County Clerk on April 24, 1996 as map number 9836 which easemem shall be solely for the passage of pedestrian and vehicular traffic between the aforedescribed Parce is 2 & 3 and an easement below the surface of said Right of Way and below the bed of any mad constructed thereon said sub-surface easement shall be solely for irrigation and electric conduits said easement being more particularly bounded and described as follows: BEGINNING at a point on the northerly line of Lot 2, Map of "Thornton Sm/th, Section 1", said point being situate the following two (2) courses and distances from the intersection of the easterly side of Bergen Avenue and northerly side of Sound Avenue: North 32 deg. 34 min. ~43 sec. West 217.89 feet along the easterly side 0fBergen Avenue to a point, North 57 deg. 25 min. 17 sec. East 505.00 feet along the ~tortherly line of Lot 2, Map of "Thornton $mith, Section 1"; R~G thence from said point of beginning, northerly and at right angles to the proceeding beating and through land now or formerly Thornton Smith a distance of 50.00 feet to the southerly line of Lot 1, Map of"Thomton Smith, Section 1"; RUNNING thence North 57 deg. 25 min. 17 sec. East 16.00 feet along the southerly line of Lot 1, Map of"Thomton Smith, Section 1" to a point; RUNNING thence southerly and at right angels to the proceeding bearing and through land now or formerly Thornton Smith a distance of 50.00 feet to the northerly Iine'ofLot 2, Map of "Thomton Smith, Section 1"; RUNNING thence South 57 deg. 25 min. 17 sec. East 16.00 feet along the northerly line of Lot 2, Map of"Thomton Smith, Section 1" to the point or p!ac.e of BEGINNING. BEING AND INTENDED to be part of the same premises described in a deed from Leo W. Sledzieski and Mary Slectzieski, his wife, dated t 2/28/66 recorded I/4/67 in Liber 6094 page 518. TOGETHER with ali 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 except the right, title and interest'of the parry of the first part in and to the Right of Way shown on the Map of"Thomton Smith, Section 1"; 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. AS TO PARCELS TWO AND THREE, subject to a Deed of Development Rights to the Town of Southold dated January 25, 1996 and subject to a Deed of Conservation Easement to the Peconic Land Trust dated January 26, 1996. 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. PLEASE TYPE OR PRESS FIRMLY WHEN WRmNG ON FORM INSTRUCTIONS (RP-$217-1NS): w~w.orps.state.ny.us FOR COUNTY USE ONLY =' "~ '" RP- 5217 c=...~l [, ~, 3 , , Bergen Avenue PROPERTY INFORMATION I I Southold ) Nattituck I 2. s~/~ [ Nacati Fare Ninety ~ LLC [ [ I I I ~. T~ I~ ~m ~tum Tax ~la am ~ ~ ~ ellli~ ~ ~r ~ ~r ~d~ (at ~ M ~) I I (On~ Lf Pl~ d i PIMI ~hKk Ii ~ ~: ~ ~nning ~ ~ Su~Msion ~ Exim 4B. Su~M~bn ~1 m ~u~ ~ TmnWr 4G. P~M ~p~ ~r ~i~8i~ ~ Mop ~ed ~ 4. Indicate the number of Asmamant RolF I)l~ell Irlllaflfltd On the dNd I , :~ I # of ParcMs OR I~1 Pad of a Parcel Size uL~ ~$ ' L Seller I ~cari i Joseoh 1. C~k ~e ~ him ~lch mt accu~ ~db~ the uae ~ the pm~ It t~ time ~ a ~;er3Faml~l F ~me~al ~ ~ I~us~al C ~ ees~tlel V~nt ~nd G ~enl K ~ Pu~ic Sa~ O~-R~lVa~nt La~ H ~En~in~nt/~u~t I.~ Fo~t Chouk h boxea below aB they apply: 8. Ownership Type is ~ondmnJnium I J 9. New Cons~uc~aB1 ~ Vaca~ Land L~ 10A. ~y L~ ~ an ~l~ml O~ ~ ~OB, B~ ~ e di~asum ~ i~ SALE INFORMATION I 11. Sale Cmlbad Data · ~ I YS.r 12. Date Of Sale f Transfer 13. Full sale Pdca I . ~___; ; . 0. 0 .O I ( Full Sale Price Is Ihs total amount paid for file properly indudmg perseus1 p~oerly. This payment n~ay be in the form of cash. other proper'q (x 0Beds. or the assumption of morlgagas er other obligations ) Please n~u~d to fha noarg~J wfio/o do, ar amount. 14.1ndleatBthevalueofpemonaI I i"J. 0 0 I property Included In the sale ~ ~ ' ' ' ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bitl I ...... ...'R°. ..... ,,.T.,A.aB..V.,. ,of.,,...,.,o..., . , , . . , 4 2~. Tax Map Identifier,s) I Roll Idanflflm~a) ( ff mom than four, attach sheet with additioual Idanfiflel~e} ) /-I [000-[2~.00-01.00-00[.003 I L.~' [ooo-[21.00-.0J.00-00t.006 I ,2-[ t000-[20.00-05.00-0m.ooo I I I Chm;k one or mm oW tbss~ conditions IlS lpplluable to transfer: Sale Between Relefi'~ ~x Former Ralati~aB · Sale Satweee Related Cempmliea er Parleem in Business One of Ihe Burrs is also · Seller Buyer er Seller is G~vemment Ager~ er Lending lestilulion ~aBd Ty~e eof Wan'anty er Bargain and Sale (81;)ecJty Belo~ } Sale of Fm~ional er Less Ihan Faa Interest ( Specify Below ) Signal's. ant Change In Pm~erty Between Taxal~a Status and Sale Dates Sale of Business is InCludM:l in Sale Price Olher Unusual Facto~ AF, ectJng Sale P~ffie ( Sped[y Belo~ ) None CERTIFICATION SELLER ~.~1, ATURE ./~"~"~ Joseph T.~'Eari -- ~ ~ .... BUYER SIGNATURE ~acari gatm ~tne~,~ ~ ' B~ER'S A~OR~E~ Wtckham I Abigail A. 631 298-8353 BUYER CONTACT INFORMATION (Enler Inker. sEen ~' I~e buyer. Nde. la' bu'~r ia LLC. ~i¥. ~.