HomeMy WebLinkAboutL 7590 P 244',. if
Standard N.Y.B.T.U.Form 8002•12-71-70M—Bargain and Sale Deed,with Covenant against Granror i Aas—
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CONSULT YOUR LAWYER BEFORE SIGNING THIS INST Indsvidna]or Corporation (Single sheet)
RUIVrEiiT THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
o LIBER 7590 PAGE 244
I— THIS INDENTURE, made the
T a ANNof
A rt ' nineteen hundred and seventy—four
BETWEEN THOMAS M. SICULIANO arid
K at 40 Lincoln Avenue, Pelham, New YorkIE SICULIANO, his wife, both residing
a
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LJ �� party of the first part, and
both residing at 40 THOMAS M. SICULIANO and ANN MARIE SICULIANO, his wife,
Is Avenue,
residing at 100 Thurms Estates, Pelham, New York, and GERTRUDE LORENC,
CalvPelham,
New York,
party of the second part, as joint tenants with right of survivorship.
WITNESSETH,that the party of the first part, in consideration 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 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
being in the improvements thereon erected, situate,
lying and
SEE RIDER ATTACHED
A#G., It is the latention of the parties of the first
title and interest in the land and beach rights acquired ired by them rt to convey all their rights,
from Robert G. Kramer and DorothyC, l them in their deed
and restrictions of record, Kramer and convey title subject to covenants
K part to impose or reinforse any covenantsis not eornrestrictionsn of hand such intention is
reflected herein, party of the first
vJ �
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m
W Q
LEER PACEW
-SUTF OF t
�z to 1 �s'k1 lain JF'tii y0kK
TOGETIIGR with all right, title and interest, if any, of the party of the first part in and to any streots and
roads abutting the above described premises to the center lines thereof; TOGETHER with the a
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO
BOLD the premises herein granted unto the party of the second part, the heirs or successors and assignsces
the party of the second part forever.
of
AND the party of the first part covenants that the party of the first part has lot 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
t , covenants that the party of
he first part µi11 receive the consideration for this conveyance and will hold the Section 13 of the Lien Lawright to receive such consid-
eration as a trust fund to be applied first for the purpose of paying,
the Sam(- first to the payment of the cost of the improvement before using any
F } � the cost of the improvement and µi11 apply
any other purpose. g , part of the total of the same for
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.
IN PRESENCE OF:
X Ilk
Thomas M. Siculiano
Ann Marie SiEulion6
LES1 FR M AI KR i SkON
F.. I fE8 19 +v�� Clark of Suffolk County
- C _._, . ......,,__ .� .. _
LIBER 1590) PAGE 245
Rider to Deed dated %?ti -w, 1974
Between Thomas M. Siculiano and
Ann Marie Siculiano and Gertrude Lorenc
ALL that certain plot, piece or parcel of land, situate, lying and being in
the at East Marion, Town of Southold, Suffolk County, State of New York,
described as follows:
BEGINNING at a point on the northeasterly side of West Lane one
hundred (100) feet northwesterly of the intersection of said line of West
Lane with the northwesterly line of land conveyed by the parties of the
first part (Frank S. Thorp and Lois Johnson Thorp) his wife) to William V.
Howard and Ruth W. Howard by deed dated September 19, 1951, and running
thence northeasterly at rightangles to West Lane one hundred thirty (130)
feet, thence northwesterly parallel to West Lane one hundred (100) feet,
thence southwesterly again at rightangles to West Lane one hundred thirty
(130) feet to West Lane and thence southeasterly along the northeasterly
line of West Lane one Hundred (100) feet to the point of beginning.
Together with an easement to pass and re-pass over South Lane, East
Lane, West Lane and North Lane out over Sylvan Drive and Old Orchard Lane
to the main road for the purpose of access to said premises from said highway
and together with the right to use the beach along Gardiner's Bay as herein-
after described for bathing and similar purposes with an easement for a right
of way over the path leading from South Lane to said beach, such use to be
subject to such reasonable restrictions as may be imposed by the parties of
the first part and to be in common with other persons to whom similar rights
may be granted by parties of the first part, the parties of the second part
hereby cogvenanting and agreeing to pay to the parties of the first part the
sum of ten $(10) dollars per year for the use of such beach, this to be paid
to the parties of the first part in advance on the first day of January in
each and every year beginning January 1, 1959. It is understood and agreed
that the parties of the second part are not to receive any title to the land
in said beach or any rights or title to the waters and the land under waters
i adjoining said beach other than the use as set forth above, the parties of
the second part to use the said beach and waters entirely at their own risk
and they covenant and agree to hold the parties of the first part harmless
from any damage or claim for damage which the parties of the second pert of
their distributees or assigns may suffer while upon the said beach or in the
said waters.
If default be made in the payment of said sum of ten ($10) dollars for
the use of the beach and should default continue for more than sixty (60) days,
the parties of the second part shall at the option of the parties of the first
part, forfeit all rights to the beach and to the use thereof and the parties
of the first part, their legal representatives or assigns, shall have the
right and power to bring all necessary actions against the parties of the
second part, their distributees, legal representatives or assigns, for the
collection of such sums as may be due with interest, such sums to be and re-
main liens upon the land until paid.
Premises are conveyed subject, to building and zoning ordinances and
regulations if any of the Town or County and to the following covenant of
restrictions:
,N
t
I
(ESTER M f, 5 p Sots
19 Cierk of Suffolk County
M LIBER 7590 PAGE246
Parties of the second part for themselves, their legal representatives,
distributees and assigns do hereby covenant with the parties of the first part,
their legal representatives, distributees and assigns that they will not use
or permit the said premises to be used for any purposes whatever other than
private dwelling residential purposes; that no building of any kind other than
one dwelling house shall be erected on said premises and it shall be construct-
ed for use and occupancy by not more than one family, plans for such dwelling
to be submitted to and approved in writing by the parties of the first part
before construction is started; that no garage shall be erected upon said
premises unless it is erected as a part of the dwelling thereon, plan to be
approved in writing by the parties of the first part, and no dwelling shall
be erected upon said premises less than ten (10) feet from the side and rear
lines thereof or nearer than thirty (30) feet to the lines of South Lane and
East Lane. After completion no alteration or addition to such dwelling shall
be made without the written consent of the parties of the first part. The
completion of a dwelling shall be sufficient evidence of the approval of the
plan thereof by the parties of the first part providing they have had written
notice served upon them of the intention to build and a copy of the plans has
been served upon them. That no fence of any kind shall be erected or permitted
upon said premises whether hedge or otherwise more than three (3) feet in
height; that no outside toilet shall be permitted or erected thereon; that no
poultry house of any kind or building for the maintenance of any animal shall
be erected or permitted thereon other than a kennel for not more than two dogs;
these covenants to be binding as real covenants running with the land; it
being understood and made a condition thereof that they may be altered or
annulled at any time by the written consent of the parties of the first part
without obtaining the consent of the owners of the land which may be conveyed
to other owners by the parties of the first part.
The beach of which the use is granted to the parties of the second part
and the right of way leading thereto is described as follows:
BEGINNING at a concrete monument at a point on the southeasterly line
of South Lane which is distant when measured along said line 67.34 feet north-
easterly of the northeasterly line of land conveyed by the parties of the first
° part to Flora E. Gernannt; and running thence S.310V 30" East 177.68 feet
along other land of the parties of the first part to a concrete monument
' thence southwesterly a straight line along other land of the parties of the
first part 67 feet more or less to a point on the northeasterly line of said
land sold to Gernannt which point is distant 178.94 feetsoutheasterly of
South Lane when measured along Gernannt's land; thence S.31o1'30" East along
said land sold to Flora E. Gernannt 67.71 feet to the ordinary high water mark
of Gardiner's Bay; thence northeasterly along said ordinary high water mark
150.82 feet more or less to the point of its intersection with a line drawn on
a course S.3101'30" East from a concrete monument on the southerly side of
South Iane distant 77.75 feet northeasterly from the point of beginning; run-
ning thence N.3101'30" W. 56.87 feet more or less to a concrete monument;
thence southwesterly a straight line 70 feet more or less along other land of
the parties of the first part to a concrete monument; thence N.3101130" W.
along other lands of the parties of the first part 1x9.37 feet to a monument
on the southerly side of South Lane; and thence 5.42 46'30" West along South
Lane 10.41 feet to the point of beginning.
It is understood and agreed that the parties of the second part and
their distributees and assigns will consent to the installation of the neces"
sary poles or equipment for electrical service along the rear boundary line of
this property, should the utility company require that this be done.
Being and intended to be the same premises heretofore conveyed to the
grantors herein by deed of Robert G. Kramer and Dorothy C. Kramer, his wife,
dated September 28, 1972 and recorded in the Suffolk County Clerk's Office
November 30, 1972 in Liber 7293 of deeds, page 388.
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