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HomeMy WebLinkAboutL 10088 P 40 L 10088 FC 40 45655 Standard N.Y.B.T.U. Form "2—NM —Bargain and Sale neral, with Covenant, agaiwr Gnmor's Am—IM...dual or Co,pw.Jun. (single ehe<p CONSULT YOUR LAWYER EEFORE SIGNING THIS INSTRUMENT•THIS INSTRUMENT SHOULD RR USED RY LAWYERS ONLY THIS INDENTURE, made the /<< clay of July nineteen hundred and eighty six BETWEEN HUGH C. NEWMAN, Cleaves Point Village, Shipyard Lane, East Marion, New York, party of the first part,and ROBERT BERTORELLO and NANCY BERTORELLO, his wife, both residing at 925 Theresa Lane, Mattituck, New York, DISTRICT {�--��S,�,�ECCTION�'� BOCK 1.07(''0 ,rr . party of the s A 12 IT21 2t WITNESSET , 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, DISTRICT ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, 1000 lying and beingAts *m at East Marion, in the Town of Southold, County of Suffolk and State of New York, more commonly know as Unit No. 4H SECTION in the Declaration establishing cleaves Point Village Condominium, 038. 02 more particulary described on Schedule A annexed. BLOCK 01 . 00 LOT 037 . 000 ... ,•, RECEIVED $...... f REALESIhfE JUL 29 :986 { TRANS•FER TAX SOFFOU� COUNTY The subject premises are not encumbered by a credit line mortgage. 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 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 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 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 indentpre so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above v / written. IN PRESENCE OF: 111 /� / " !✓'i�^.//31/� L.S. N GH NEWMAN RECORDED JUL 29 1986 1;� suitor county G M 10088 K 42 SCHEDULE A The Unit known as Unit No. 411 (hereinafter called "the Unit" ) in the Declaration establishing Cleaves Point Village Condominium (hereinafter called the "Property" ) made by the Grantor under the Condominium Act of the State of New York (Article 9-B of the Real Property Law of the State of New York) , dated April 24 , 1983 , recorded in the Office of the Clerk of Suffolk County, Division of Land Records on the 6th day of May, 1983 , in Liber 9354 , at Page 235, which said Declaration was thereafter amended under date of July 27 , 1983 , said Amendment having been recorded in the Office of the Clerk of Suffolk County, Division of Land Records, on the 28th day of July, 1983 in Liber 9395, at Page 61 , ( hereinafter called "the Declaration" ) , and designated also as Lot No. 37 , District 1000 , Section 38.02, Block 1 on the Tax Map of the Town of Southold and on the floor plans ( "the Floor Plans" ) of the Building , certified by Kontokosta Associates _ Engineers 6 Architect, filed in the said Clerk's Office on the 6th day of May , 1983 as Map No. 86. The Building is shown on a site plan as filed in the said Clerk's Office as Map No. 86. The Building and the land on which it is located are hereinafter referred to as the "Property" . The land on which the Building containing the Unit Is located is described as follows: PARCEL I : ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the Southwesterly side of Shipyard Lane distant 2808.97 feet Southerly from the corner formed by the intersection of the Southerly side of Main Road (N.Y. S. Route 25) with the Southwesterly side of Ship- yard Lane; THENCE South 35 degrees 41 minutes 30 seconds East along the Southwesterly side of Shipyard Lane 405 feet to the ordinary high water line of Gardiners Bay; THENCE along the ordinary high water line of Gardiners Bay the following two tie line courses and dis- tances : 1 . South 37 degrees 28 minutes 00 seconds West, 346. 66 feet; 2. North 88 degrees 33 minutes 40 seconds West, 201 . 57 feet to other land this day conveyed to Emanuel Kontokosta; THENCE North 11 degrees 49 minutes 30 seconds East along the last mentioned land 570 feet; THENCE North 55 degrees 16 minutes 00 seconds East still along the last mentioned land 72. 17 feet to the South- westerly side of Shipyard Lane at the point or place of BEGINNING. TOGETHER with the benefits, rights, privileges, easements and subject to the burdens, covenants , restrictions, by-laws, rules, regulations and easements all as set forth in the Condominium Documents filed and recorded as aforesaid. RECORDED JUL �a lsss 11 of SOON cont 10088 PG 43 PARCEL II ALL that certain plot, piece or parcel of land, with the buildings thereon erected, situate, lying and being in the Town of Southhold, County of Suffolk and State of New York , bounded and described as follows: BEGINNING at a point on the southwesterly side of Shipyard Lane distant 2508.97 feet southerly from the corner formed by the intersection of the southerly side of main Road (N .Y. S. Route 25) with the southwesterly side of Shipyard Lane; THENCE South 35 degrees 41 minutes 30 seconds East along the southwesterly side of Shipyard Lane 300 feet to other land this day conveyed to Emanuel Kontokosta; THENCE South 56 degrees 16 minutes 00 seconds West ,along the last mentioned land 72. 17 feet; THENCE South 11 degrees 49 minutes 30 seconds West along the last mentioned land 570 feet to the ordinary high water line of Gardiners Bay; THENCE along the ordinary high water line of Gardiners Day along a tie line bearing of North 69 degrees 06 minutes 30 seconds West, 367. 59 feet to land conveyed to Parkside Heights Co. ; THENCE North 11 degrees 49 minutes 30 seconds East along the last mentioned land 565 feet; THENCE North 55 degrees 16 minutes 00 seconds Bast still along the last mentioned land 278. 84 feet to the southwesterly side of Shipyard Lane at the point or place of BEGINNING. TOGETHER .with an undivided 3.133percent interest appurtenant to the Unit in the common elements of the Prop- erty (hereinafter called the "common elements" ) ; TOGETHER with an easement for the continuance of all encroachments by the Unit on any adjoining units or com- mon elements or limited common elements now existing as a result of construction of the Building or which may come into existence hereafter as a result of settling or shifting of the Building , or as a result of repair or restoration of the Building or of the Unit after damage or destruction by fire or other casualty, or after a taking in condemnation or emi- nent domain proceedings, or by reason of an alteration or repair to the common elements, so that any such encroachments - may remain, so long as the Building shall stand; TOGETHER with an easement in common with the owners of other units to use any pipes, chutes, shafts, wires, ducts, cables, conduits, vent ducts, pipe shafts, utility lines, flues and other common elements located in any of the other units or elsewhere on the Property, and serving the Unit; TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to the Unit; TOGETHER also with a right of way through the common elements to the public streets; RECORDED JUL28 1988 �1� s„"ir" co