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HomeMy WebLinkAboutLL #34 1999ELIZA_BETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE (~FFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A SPECIAL MEETING HELD ON OCTOBER 19, 1999: LOCAL LAW NO. 34 OF THE YEAR 1999. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART OF THE PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map (SCTM) it 1000-074.00..04.00-009.000 WHICH IS CURRENTLY 1N THE (B) GENERAL BUSINESS ZONING DISTRICT FROM THE (B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE (LB) LIMITED BUSINESS ZONING DISTRICT DESIGNATION 13I 1'1 [NA('I[~[) BY lite TOWN BOARD O1: Till'. I'OWN OF SOUTHOI.D AS F()LLOWS Seclion I Legislative Intent Consistent with our comprehensive land use plan and our established objectives and goals as reflected by the existing zoning patterns within the Town, and based upon our current County Route 48 Land use ~tudy as well as numerous land use studies and plans developed heretofore, we hereby determine that it is necessary and desirable to revise and amend the zoning designation applicable to the parcel identified herein as well as other lands; thus, we hereby identify and adopt the following overall themes of (1) Preservation of I~armland and Agriculture; (2) Preservation of Open and Recreational Spare; (3) Preservation of the Rural, Cultural, Commercial and Historical Character of the Hamleta and Surrounding Arena; (4) Preservation of the Natural Environment; which derive from the shared viMon held by residenl~ and local public officials of the Town and which are intended to fo~ter a stron~ ezonou~ and which tncourqe and preaerve the existing high quality of We. u nore apedfu:ally att fmlh Im~m bt~,w: 1. Preaerva~m of lrarmbmd and Agriculture Fmmland i~ a valeable mia dy~mle imtt~/ia tire Towa of 8outholcL 'Ile opea farmlands are not oaly highly cherished for their economic value, but for the z~fic vistas th~ p~dc. Thc open space and scenery created by farmland a,4dqionally contributes to thc qtudi .ty of life of thc residents, while promoting ~ and ree. m~on. 2. Prese, .ation of Open Ired Recreational Space Thc Town of ~t~ld ~ ~ly u~n i~ ~mc ~uty ~ ~ ~ for ~o~ cl~ air ~ ~, ~ ~11 ~ for i~ a~on ~ ~ ~ ~~, ~ To~ has a~ ~y ~nd hom~ ~u~ of i~ "~ ~, abu~ of o~n ~, f~s, pi~ue ~llag~, ~ ~e ~er-p~nt ~te~t" ~ P~ U~te, 1985). Due to this o~n s~, ~e To~ ~s a ~m~om d~elopm~t ~ten~l. BI~ pim have been [~ainted in a f~v documen~ wnrnin~ of stfipdype develel~meni, subud~an sim~wl and $. Preservation of the Rural, Cultural, Commerchd and H~todcal ~-r of the Hamlets and Surrounding Areas The Town of Southold is renowned for its rural, cultural, commercial and historic character. This unique character is recognized in all of the documents reviewed. Based on the input of Town residents, the Final Report and Recommendations states that the two most prevalent and key issues are keeping growth in the existing hamlet centers and preserving the enhancing the surrounding nual areas. Additionally, the Master Plan Update recommends the provision for "a community of residential hamlets that are comprised of a variety of housing opportunities, commercial, servic~ and cultural aotivilies, set in an open or rural atmosphere and supported by a diversified economic base (including agriculture, marine commercial and seasonal recreation activities)." Preservation of the Natural Environment Accommodating "growth and change within the Town without destroying its traditional economic base, the natural environment of which that base resls, and the unique character and lt~e way of life ilia! defines the Town" is of utmos! importance" (Ground Watemhed Prolecfion and Water Supply Management Strate~') Thc Master Plan Update x~ oodl;mds al~d Io "achieve a laird usc pallcm Ihal ~s sc~}sllive 1o IBc ]Jmiled indigenous water supply and will not degrade the subsurface water quality. The oulstanding needs enumerated below are the culmination of careful comparison of the intent and objectives of the town (as stated in past land use plans and studies) and the currently existing conditions along the County Route 48 comdor. These needs reflect the past and present vision of the Town and the work that still needs to be done due to the proximity of County Route 48 to the hamlet commemial cuntem and to avoid potentially conflicting development strategies for such areas. These outstanding needs we find exist throughout the Town and are specifically identified as follows: 1) to provide for viable land use development at levels of intensities which are sensitive to subsurface water quality and quantity 2) To maintain and strengthen hamlet centers as the focus of commercial, residential, and cultural activity; 3) To ~e the open. agricultural and nnal character of areas outside of thc hamlet centers; 4) to provide for a variety of homing opportunities for citizens of different incomes and age levels; 5) to enhance the opportunities for pedestfian-~endly shopping; 6) to cominuc to the suppo~t of the Town's agrio,~.,,al economy; 8) to gaeagthen the Town's marine-wcrentio~aal -,nd marine-commercial activities; 10) tO ~upport tousi~gll by rtmint~ining 81ld $trc~thening the Towll'8 assets that foster a tonrist tra~c, namely hamlet center businesses, historic heritage, architecture, a sense of place, of rmal and open I 1) to p~.prime farml,,,~: and encourage the diversification of agriculture; 12) to pr~Sctv~ tho historic, cultlUSl, arCllRectlu~ and arclmoologtcal reseurces of thc Town; 13) to ensure visual quality of hamlet centers; 14) to unoomage~iatelanduscsbothinstdeandant of hamlet eenters; 15) to promoto halanced economy a~d tsxbase; 16) to preserve the integrity of the Town's vegetative habitats, including freshwater wetlands and woodlands. Section 2. Enactment SCTM # f000'0"/~/.O0' tg~, 0~- ~. ~s more fully descfi~ herein ~low. A ~ of SC~g [ O0 0 'O~q, O0 -0~, ~ ~ OOq' ~0 is c~enfly in the ~B) ~L ~[~j~ zoningdis~c~asd~i~t~bythe~n~gmpof the Town Based upon Ihe aforementioned goals and identified needs of the Town and u~n our ~nsidemtion of the r~mmen~tions and ~mments o~our Planing Boa~, ~e S~olk ~un~ P~ng Commission. our planning consullant (CCG) and lhe public commenl taken al the public hmhng and zoning district designation from the __ zoning district designation to the __ zoning district designation. SCTM # 1000-074.00-04.00-009.000 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the ALL that certain plot, piece or parcel of land situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southeasterly line of the North Road (Middle Road or C.R 45) as widened; about 975.00 feet southwesterly along said line from the southwesterly line of Peconic Lane, being intersection of said southeasterly line with the northeasterly line of a certain private road: and cast i [200 leer t() land now o~ Ibm~c~ly or'Case, THENCE along said land of Case and along land now or formerly orR Chilton south 38 degrees 21' 50" east 464.82 feet to the land of the Long Island Rail Road; THENCE along the last mentioned land south 55 degrees 05' 20" west 112.84 feet to the northeasterly line of the aforesaid Private Road; and THENCE along the northeasterly line of said Private road north 38 degrees 21' 50" west 460 36 feet to the point or place of BEGINNING. S~ion 3. The zoning map as adopted by s~on 100-21 of the Town Code of thc Tovai of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 4. THIS LOCAL LAW SHALL TAKE EI~F~,CT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE E~IZABETH A. NEVILLE SOUTHOLD TOWN CLERK OCTOBER 19, 1999 LOCAL LAW NO. 34 OF THE YEAR 1999. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART OF THE PARCEL OF PROPERTY KNOWN AS Suffolk Count' Tax Map (SCTM) # 1000-074.00-04.00-009.000 WHICH IS CURRENTLY 1N THE (B) GENERAL BUSINESS ZONING DISTRICT FROM THE (B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE II,[~) I,IMITEI) BUSINESS ZONING I)IS'I RI('F I~1! 11 I']NA("II D [}5 [III{ FOWN [~OARD OF Ill[ 'IOWN O[: SO[JlIIOI,D Scclion I. L~gislalive Intcn! Consistent with our comprehensive land use plan and our established objectives and goals as reflected by the existing zoning patterns within the Town, and based upon our current County Route 48 Land use study as well as numerous land use studies and plans developed heretofore, we hereby determine that it is necessary and desirable to revise and amend the zoning designation applicable to the parcel identified herein as well as other lands; thus, we hereby identify and adopt the following overall themes of (1) Preservation of Farmland and Agriculture; (2) Preservation of Open and Recreational Space; (3) Preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; (4) Preservation of the Natural Environment; which de~ive from the shared vision held by residents and local public officials of the Town and which are intended to foster a strong economy and which encourage and preserve the existing high quality of life, as more q)ecifiealty se~ forth herebi below: 1. Preservation of Farmland and Agriculture Farmland is a valuable and dynamic indus~y in the Town of Southold. The open farmlands are not only highly cherished for ~ economic value, but for the scenic vistas they provide. The open space and scenery created by farmland additionally ~ontributes to the quality of life of thc residents, while promoting tourism and recreatiott 2. Preservation of Open and Recreational Space The Town of Southold miles heavily upon its scenic beauty and open landscapes for recreation, clean air and water, as well as for its attraction to tourists and recreation-seekers. The Town has attracted many second homeowners because of its "natural resources, abundance of open space, farms, picturesque villages, and the ever-present waterfront" (Master Plan Update, 1985). Due to this open space, the Town has a tremendous development potential. Bleak pictures have been I]ainted m a few documents, wanting of strip-wpo development, suburban sprawl and 3. Preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas The Town of Southold is renowued for its rural, cultural, conunercial and historic character. This unique character is recognized in all of the documents reviewed. Based on the input of Town residents~ the Final Report and Recommendations states that the two most prevalent and key issues are keeping growth in the existing hamlet centers and preserving the enhancing the surrounding rural areas. Additionally, the Master Plan Update recommends the provision for "a community of residential hamlets that are comprised of a variety of housing opportunities, commercial, service and cultural activities, sot in an open or rural atmosphere and supported by a diversified economic base (including agriculture, marine commercial and seasonal recreation activities)." Preservation of the Natural Environment Accommodating "growth and change within the Town without destroying its traditional economic base, the natural environment of which that baso rests, and the unique character and file way of life Ihat defines the Town" is of utmost importance" (Ground Watershed Prolcclion and Water Snpply Managemen! Stralegy) The Mastcr Plan Update ~ oodlands and lo "achicx c a land usc pattern that is sensitive fo thc ltmtled iudigenous uater supply and will not degrade Iht subsurface walcr qualiry The outstanding needs enumerated below arc the culmination of eareful comparison of the intent and objectives of the town (as stated in past land use plans and studies) and the currently existing conditions along the County Route 48 corridor. Theso needs reflect the past and present vision of the Town and the work that still needs to be done due to the proximity of County Route 48 to the hamlet commercial centers and lo avoid potentially conflicting development strategies for such areas. These outstanding needs we find exist throughout the Town and arc specifically identified as follows: 1) to provide for viable land use development at levels of intensities which are sonsitive to subsurface water quality and quantity 2) To maintain and strengthen hamlet centers as the focus of commercial, residential, and cultural activity; 3) To preserve the open, agricultural and rural character of areas outside of the hamlet centers; 4) to provide for a variety of housing opportunities for citizens of different incomes and age levels; 5) to enhance the opportunities for pedestrian-friendly shopping; 6) to contiaue to the support of tl~Town'sagriculturaloconomy; 7) to maximize the Town's natursl assets, inOImlin~ itsco~istal loqatinll and agricultllral bas~, by bal~noillg collmleroial, resi~ and reoreg~on~l us~; 8) to ~h~azgthan the Town's ~tional and ~mm~inl activities; 9) to enenumge the prostration of parkland and public a~ to tho wateafmnt; 10) to support tourism by mainlainln~ and strengthaning the Town's assets that foster a tourist trade, namely hamlet comer bosiness~, historic h~titage, architectorc, a sonso of place, of rural and open character, agri*ultu~ and raarin~ a~ivities; I 1) to pr~erve prime farmland; and encourage the diver~ifiuatinn of agriculturc; 12) to preserve the historic, cultural, amhitectmal and archaeological rcsources of the Town; 13) to ensure visual quality of hamlet centers; 14) to encourage appropriale land uses both inside and out of hamlet centers; 15) to promote balanced econoray and tax base; 16) to presorve the integrity of the Town's vegetative habitats~ including freshwater wetlands and woodlands. Section 2. Enactment SCTM # [OOO'O"l~.O0- Otto O~- 0~. 000is more fully described herein below. A part of SCTM# / 0oo -074 oo- oq. Oo - ooq. 0o0 ~s cu~rcn.y ~n the ( ~ ) $~"~LJ~P..i~-C P~[/~)~'~ zoning dislrict as designated by the Zolfmg Map of the Town Based upon tile aforementioned goals and identified needs of the Town and upon our consideration of the recommendations and comments of our Planning Board, the Suffolk County planmng Commission. our planning consultant (CCG) and thc pnblic comment taken at thc public hearing and olhcI\~ isc \~e hcrch~ change Ibc ?onin.ll dislrict dcsign;lllOll o1 lllal p~.l of the parcel idcnlil~cd b) S('I N~ # I0o0 -07q .0o- Oq. oo-Oo~.oexas is s.bj¢¢t to the (/.ag) zoning district designation fro[n the zoning dislrict designation to the zoning district designation. SCTM # 1000-074.00-04.00-009.000 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the ALL that certain plot, piece or parcel of land situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southeasterly line of the North Road (Middle Road or C.R 45) as widened; about 975.00 feet southwesterly along said line from the southwesterly line of Peconic Lane, being intersection of said southeasterly line with the northeasterly line of a certain private road: and RLNNING l'tt} N('[5 along said southeasteilv linc ol'il~e North Road No~xia 52 degrees 48' 50" east t 12.60 feet to land now or ibrmerly of Case; THENCE along said land of Case and along land now or formerly of K Chilton south 38 degrees 21' 50" east 464.82 feet to the land of the Long Island Rail Road; THENCE along the last mentioned land south 55 degrees 05' 20" west 11284 feet to the northeasterly line of the aforesaid Private Road; and THENCE along the northeasterly line of said Private road north 38 degrees 21' 50" west 46036 feet to the point or place of BEGINNING Section 3. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 4. THIS LOCAL LAW SHALL TAKE Et'IqzCT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE Local Law Filing 41 STAFF. STREET, ALBANy. NY 12231 (Use this form to file n local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated a nd do not use italics or underlining to indicate new matter. £1og of .............................. .S..o..u..t.h..o. ! .O. ............................................. Town LOCAL LAW NO. 34 OF ~ YEAR i999. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART OF THE PARCEL OF PROPERTY KNOWN AS Suffolk Coun .~ Tax Map (SCTM) # 1000-1)74.00-04.00-009.01)0 WHICH IS CURRENTLY IN THE (B) GENERAL BUSINESS ZONING DISTRICT FROM THE (B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE (LB) LIMITED BUSINESS ZONING D1STRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Please see attached. (If addltlonnl space Is needed, attach page~ the same size as this sheet, and amber each.) LOCAL LAW NO. 34 OF THE YEAR 1999. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT PART OF THE PARCEL OF PROPERTY KNOWN AS Suffolk Conn.' Tax Map (SCTM) # 1000-074.00-04.00-009.000 WHICH 1S CURRENTLY lN THE (B) GENERAL BUSINESS ZONING DISTRICT FROM THE (B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE (LB) LIMITED BUSINESS ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Legislative lnten! Consistent with our comprehensive land use plan and our established objectives and goals as reflected by the existing zoning patterns within the Town, and based upon our current County Route 48 Land use study as well as numerous laud use studies and plans developed heretofore, we hereby determine that it is necessary, and desirable to revise and amend the zoning designation applicable to the parcel identified herein as well as other lands; thus, we hereby identify and adopt the following overall themes of (I) Preservation of Farmland and Agriculture; (2) Preservation of Open and Recreational Space; (3) Preaervatinn of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; (4) Preservation of the Natural Environment; which derive from the shared vision held by residents and local public ofl'~cials of the Town and which are intended to foster a strong economy and which encourage and preserve the existing high quality of life, as more specifically set forth herein below: 1. Preservation of Farmland and Agriculture Farmland is a valuable and dynamic industry in the Town of Soutbold. The open farmlands are not only highly cherished for their economic value, but for the scenic vistas they provide. The open space and scenery created by ~rmland additionally contributes to the quatity of life of the residents, while promoting tourism and recreation. 2. Preservation of Open and Recreational Space The Town of Southold relies heavily upon its scenic beauty and open landscapes for recreation~ clean air and water, as well as for its attraction to tourists and recreation-seekers. The Town has at~'acted many seoond homeowners because of its "natural resources, abundance of open space, farms, picturesque villages, and the ever-present waterfront" (Master Plan Update, 1985). Due lo Ihis open space, the Town has a tremendous development potential. Bleak pictures have been painted in a few documents, warmng of strip-type developmem, suburban sprawl and water supply issues. The preservation of open and recreational space is not only aesthetic, but also a n~essity for the pvesextt and future u~ of tho Town. THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DIS- TRICT OF SCrM # PIG 1000- 074.00-04.00-009.000 FROM the General Business (B) District to the Limited Business (LB) District. PUBLIC NOTICE IS HEREBY GIVEN'that Pursuant to Se. ction 265 of the Town Law and require- ments of the Code of the Town of Southold, S~ffolk County, New York, that the Town Board of the Town of Southold will hold a PUB- LIC HEARING Ga II~ afo~nald LOCAL LAW at the SOUTHOLD TOWN HALL, 53095 Main Road, Southold, New York, at 2:00 pm, Monday, October 4, 1999; the Public Hearing will be continued on Tuesday, October 5, 1999 at 8:30 pm at the same location. The purpose of the Local Law is to Change the Zoning District of that part of the parcel of property known as SCYM # 1~0-~/4.0~04.00-~9.0~, which is currently in the (B) OeneKal the property. The property is located on the south side of Route 48 east of the intersection of Route 48 and Private Road (cross street), The property contains approximately 1.18 acres. This Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT OF THAT PART OF THE PARCEL OF PROPERTY KNOWN AS SCTM # PlO 1000-074.00-04.00- 009.000 WHICH IS CURRENTLY IN THE (B) GENERAL BUSI- NESS ZONING DISTRICT FROM the General Business (B) District -Designation to the Limited Business (LB) District Designation," Copies of this Local Law are available in the Office of the Town Clerk to any interested persons dur- ing regular business hours. Any person desiring to be heard on the proposed amendment should appear, and has the tight to appear, at the time and place above so spec- ified. Any person also has the right to submit written comments to the Southold Town Clerk either ptio~ to the public hearing or at the public hearing. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK. Dated:~9/14D9 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 19~M- 1 TS23 STATE OF NEW YORK) )SS: COUNTY OF SUErOLK) \ILfl~ ~, L~J {( [{ ~ of aattituck, in said county, being duly sworn, says that he/she is Principal clerk o£ THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the NoLice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for I weeks .successively, commencing on the ~ ~, cl day o-f Sworn to before me this ~ ? UL day of ,._~>~/a Z'. MARY DIANA FOSTER NOTARY PUBLIC, STATE OF NEW YORR N0. 52-4655242, S,UFFOLK COO~H CO~3t~qlSSlON EXPIRES AUGUST o CONSULT YOUR L~WYER BEFQILE SIGNING THIS INSTRUMENT--THiS iNSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ~ ~D~ made the ~ ~y of February , nineteen hundred and ciqhty-sev~ Bg~g'N ~D~AS P~IOU~S residing at 32570 Route 48 and Paul's Lane, Peconic, New York party of the first part, and ANDREAS PALIOURAS and STACY PALIOLqRAS, his wife, both residing at 32570 P~ute 48 and Paul's Lane, Peconic, NY b~.~CT e~,'T~n~ ~,_OCK tOT '" IZ . . 17 2 WITN~-e~g~THs that the party of the first part, m consiaeration 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 pax-t, the heirs or successors and assigns of the party of the second part forever, ~I_L that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in ALL that certain plot, piece or parcel of land situate, lying and being at Peconic, in the 'Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southeasterly line of the North Road (Middle Road or C.R. 45) as widened; about 975.00 feet southwesterly along said line from the southwesterly line of Peconic Lane, being intersection of said southeasterly line with the northeasterly line of a certain private road; and RUNNING THENCE along said southeasterly line of the North Road North 52 degrees 48' 50" east 112.66 feet to land now or formerly of Case; THENCE along said land of Case and along land now or formerly of R. Chilton south 38 degrees 21' 50" east 464.82 feet to the land of the Long Island Rail Road; ~'AX MAP ~IGNAT[ON 1000 074.00 04.00 THENCE along the last mentioned land south 55 degrees 05' 20" west 112.84 feet to the northeasterly line of the aforesaid Private Road; and THENCE along the northeasterly line of said Private road north 3~_ TOGETIIER whh all right, title and interest, if any, of the party of the first part i~i"m-sd~o~aqy streets and roads abutting the a~ve described premhes to the ceeter lines ther~f; TOGETHER with the and all the estate and rights of ;he party of the first pa~ in and to ~id premises; TO HAVE AND TO fIOLD the premises herein granted unto the pa~y of ~e second ~rt, the heirs or successors and assiges of the puny of the second part forever. [009.000 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 consid- eration as a trust fund to be applied first for ~che purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before nsing any part of the total of the same for any other purpose, The ~ord "party" shall be construed as if it read "parties" wheuever the sense of this indenture so requires. IN WITNF...~ WHERF. OF, the party of the first part has duly executed this deed the day and year first above written.