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HomeMy WebLinkAboutL 8494 P 534 Smndard N.Y.B.T.II.Form 8007*2 73..01.x—Bargain and sale Dred, with Covenanr again¢ Grantors Acts—Individual or Corpor25on. d CONSULT YOUR LAWYER;BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. � p LIBERS194 G THIS INDENTURE, made the ��(qday of August nineteen hundred and Seventy-eight, M-3117 BETWEEN DANIEL T. SMITH, residing at (no number) Mechanic Street, CTIC # Southold, New York 11971 and GEORGE HERBERT SMITH, residing 7808- at (no number) Bayview Road, Southold, New York 11971, 01913 SECTION BLOCK LOT �0C131 75 N 17 29 2ts party of the first part,and gEDWIN W. THURBER ASSOCIATES, LTD. , a New York corporation having its principal office at 169 Brixton Road, Garden R CEIU D City, New York 11530, 5OZ7 ---fit:1------- REAL, ESTATE SEP 11 1978 TIRdit ITER 'AX "party of the second part, SUFFOLK.. COUNTY WITNESSETH, that the party of the first part, in consideration of _ _ FIST. - - - - - - - - TEN AND 00/100 ($10 .00) - - - - - - - - - dollars, 1000 lawful money of the United States, and other good and valuable cons iderationpaid SEG. bythe,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, 70 ALL that cgrtain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate; BLOCK lying and being iE=Kx at Southold, in the Town of Southold, County of Suffolk and State of New York, and particularly bounded and described as follows: 12 BEGINNING at a point on the easterly line of a right of way about 30 feet in width, at the southwesterly corner of land now or formerly LOT of 'James E. Reidy and Lillian C. Reidy, his wife, said point being South 0 ,degrees 16 Minutes 20 seconds East 222.05 feet from the south- erly line of North Road to 'Bayview; RUNNING THENCE along said land of Reidy, South 69 degrees 00 minutes East -300 feet -to .a point marked by an iron pipe; RUNNING THENCE still along said land of Reidy, South 9 degrees 00 minutes East 190 feet, more or less, to ordinary high water mark of RI Goose Greek; RUNNING THENCE in a westerly and northwesterly direction along said Q ordinary high water mark of Goose Creek 340 feet, more or less , to the easterly line of the aforesaid right of way; t RUNNING THENCE along said easterly line, North 9 degrees 00 minutes West 150 feet, more or less, to the point or place of Beginning. TOGETHER with the underlying fee title of the aforesaid right of way Y\ bounded and described as follows: BEGINNING at a point on the southerly side of North Road to Bayview at the northwesterly corner of land now or formerly of Peter Bogovic; RUNNING THENCE South 0 degrees 16 minutes 20 seconds East, (partly along said land of Bogovic and partly along 'Q� said land of Reidy) , 222.05 feet; RUNNING THENCE along the westerly dine of the premises first above described, South 9 degrees 00 minutes East '150 feet, more or less , to ordinary high water mark of Goose Creek; RUNNING THENCE in a northwesterly direction along the ordinary high water, mark of' Goose Creek to land now or formerly of Howard L. Brown; RUNIG THENCE along said land of Brown, North 0 degrees 16 minutes 20 Seco ds West 296 feet, more or less to the southerly side of North Road to Bayview; RUNNING THENCE along said southerly line of North Road to Bayv ew, South 68 degrees 31 minutes 20 seconds East 30 feet or more to the point or place of Beginning. -Continued- RE C 4 D ARTHUR J. FELICE D SEP 11 1978 ��rk of Suffolk County LIBERQ494.PAGEJJS v DESCRIPTION CONTINUED: ' Subject to the rights to the use of said right of way heretofore granted to others . Subject to the existing 5 foot water main easement along the easterly 5 feet of said right of way. Reserving to •the party of the first part, their heirs and assigns the right to the use of a second 30 foot right of -way adjacent to the south- erly line outh-erly 'line of said land of Reidy and extending easterly along said south- erly line from the easterly line of the first mentioned '30- foot tight of way, a distance of 50 feet, said right of way being for the benefit of said land heretofore conveyed to Reidy, as required by the Southold Town Planning Board. (Said premises heretofore conveyed to Reidy being desig- nated as Lot No. l on an unfiled map known as Minor Subdivision for D.T. & G.H. Smith, dated November 29, 1976 and approved by the 'Southold Town Planning -Board on June 6, 1977, and the premises hereinconveyed are designated as Lot No. 2 on said map, subject to the 30 foot by 50 foot right of way for the benefit of Lot No. l) Subject also to the discretionary right of James E. ReidyandLillian C. ',Reidy, his wife, their heirs and assigns, to improve the surface of the aforesaid two rights of- way at such times as they may desire. Together with an easement five feet in width (in common with others) including the right of installation, maintenance, repair and replacement of one well and underground water lines and pipes for the purpose of providing water supply to the premises herein, on, through and over the following described property: ALL that certain plot, piece or parcel of land, situate, lying and being in- the Town of Southold,' County of Suffolk and State of New York and being more particularly bounded and described as follows : BEGINNING at a point on the westerly line of North Road to Bayview at the easterly or southeasterly corner of land now or formerly of Hinkel, which point is South 6 degrees 54 minutes 30 seconds East 275.0 feet from the intersection of the westerly side of North Road to Bayview with the southerly side of Oakwood Drive; RUNNING THENCE along land of Smith South 6 degrees 54 minutes 30 seconds East 71.74 feet; RUNNING THENCE still along land of Smith South 68 degrees 37 minutes 20 seconds East 51.76 feet; THENCE partly along land of Albinson, partly along land formerly of Smith and partly along land of Brown, South 68 degrees 37 minutes 20 seconds East 373.20 feet, more or less , to land of Bogovic; THENCE South 0 degrees 16 minutds 20 seconds East to a point which is five feet South of the North Road to Bayview when measured at right angles thereto; thence North 68 degrees 37 minutes 20 seconds West through the several lands of Smith, Brown, Gustafson, Albinson and Smith 429.96 feet, more or less, to a point which is five feet west of the westerly side of that course of the North Road to Bayview which runs outh 6 degrees 54 minutes 30 seconds East when measured at right angles thereto; RUNNING THENCE North 6 degrees 54 minutes 30 seconds West 71.0 feet, more or less , to said land of Hinkel; RUNNING THENCE along said land of Hinkel North 54 degrees 30 minutes East 5 feet, more or less , o the point or place of Beginning. _ ARTHUR J. fE1ICE RECORDED SEP 11 1978 Clerk of Suffolk Coccty .Il ' pp � I.KR8494 PAGEchr��s3U a 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. The aforesaid premises being and intended to be the same premises conveyed by Southold Development Corporation to Daniel T. Smith and George Herbert Smith, the grantees herein, by 'deeds dated Jant>-y 10, 1973 and recorded in the Suffolk County Clerk's Office on January 15, 1973in Liber 7323 of deeds at page 343 and Liber 7323 of deeds at page 347. This,conveyance is subject to a purchase money first mortgage of $27 ,000.00 made by the party of the second part to the parties of the first part herein and intended to be recorded simultaneously herewith. AND the party of thefirlst part covenants that theparty of the first parthas not done or suffered anything whereby the said premises have been incumbered 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 receivesuch consid- eration as atrust fund to be applied first for the purpose ofpaying the Lost of the improvement and will apply the same first to the payment of the cost of-the improvementbefore.using any part of the total of the same fore 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. IN PRESENCE OF: ( (Daniel fi. Smith) . � (L.S F (Geor Herbert Smith ARTHUR J. FELICE RECORD �• E D SEP 11 1978 Clerk of Suffolk County