HomeMy WebLinkAboutL 7408 P 104 Standard K 1 R.T.I'. Form 8006• ].71-SM17—Bugain and Sale Deed,without Cuvenant againn Grantor's Acrs—Individual or Corporation.
CONSULT YOUR LAWYER
BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
LiBEB.•l`308 Cgr`_.E 104
l THIS INDENTURE, made the /rG� day of �eL nineteen hundred and seventy-three
BETWEEN ANNIE LAURIE WITZEL, residing at 405 East 54th Street, New
York, New York,
para of the first part and JOHN LaFARGE and ANTHONY ZIERNICKI, both residing
at 405 East 54th Street, New York, New York, as joint tenants with
L right of survivorship,
Cry I�
I
partV of the second part,
._ WITNESSETH, that the party of the first part, x1x%x*kK06,vxyffx for no eonsideraticn
w
Iyc
a x�ttxx�asz�xac�cr�cgxsc�catac ;SatCc
u
U. 2
:k)[ad3C7g18MAII 9CXtX9¢Pd�q�[4t, does hereby grant and release unto the party of the second part, the heirs or
successors and assigns of the parte of the second part,My-MR.
ALL that certain plot, piece or parcel of lana, with the buildings and improvements thereon erected, situate,
,a lying and being in the Town of Southold, County of Suffolk and State of .New.
York, bounded and described as follows:
BEGINNING at a monument on the northerly side of Sound View Avenue 100
feet easterly of the southeasterly corner of land now or formerly of
Cosden; thence running North 87 degrees 22 minutes 30 seconds West along
Sound View Avenue 100 feet to said southeasterly corner of land now or
formerly of Cosden; thence running North 0 degrees 48 minutes 20 seconds
West 300 feet to highwater mark of Long Island Sound; thence running
easterly along highwater mark of Long Island Sound 100 feet North 89
degrees 11 minutes 40 seconds East to land of Salmon; thence running
South 0 degrees 46 minutes 20 seconds East along land now or formerly
of Salmon and through a monument 305.99 feet to the point or place of
beginning.
TOGETHER with all right, title and interest of the party of the first
part in and to Sound View Avenue in front of and adjacent to said prem-
ises.
TOGETHER with all such right, title and interest, if any, which the party
of the first part may have in and to the beach and lands under water of
Long Island Sound in front of and adjacent to said premises.
EXCEPTING AND RESERVING therefrom, however, a leasehold estate in a
portion of the premises upon the terms and conditions set forth in a
lease of even date herewith between the party of the second part, as
Lessor, and the party of the first part, as Lessee, which lease is in-
tended to be recorded immediately after recordation hereof.
Neither of the parties of the second part nor the survivor of them
shall sell, convey or lease the premises or any portion thereof, unless
they or he shall first offer to sell and conve;r the premises to the party
of the first part with any buildings and improvements erected thereon fog
a purchase price equal to the lesser of (i) the cost to the party of the
second part or either of them to construct any buil$ings and improvements
,J
-- -- — ---- — L' LESTER M. ALBERTSUN
R E C O R D E D MAY 30 1973 Clerk of Suffolk County
.__. _
Li$ER 408 rAA05
then standing on the premises or (ii) the then fair market value of the
premises with any buildings and improvements then thereon and constructea
by the party of the second part or either of them (and excluding the
beach cottage described in said lease of even date herewith minus the
value of the land considered as vacant land, or, if no buildings have
been erected thereon, for a purchase price of $50.00, and neither of the
parties of the second part nor the survivor of them shall execute and
deliver a mortgage which shall be a lien on the premises or permit or
suffer the premises to become subject to any other lien or encumbrance
of any nature whatsoever without obtaining the prior written consent of
the party of the first part. Said right to purchase shall terminate
upon the death of the party of the first part. The premises are a gift
from the party of the first part to the party of the second. part and the
purpose of the above-mentioned right of the party of the first part to
purchase the premises with any buildings and improvements erected thereor
for a purchase price to be determined as above provided is that the part;
of the first part during her lifetime is desirous of sharing the rights
to the beach on the premises only with the party of the second part or
the survivor of them.
The party of the second part or the survivor of them shall give
written notice by personal delivery to the party of the first part of
their or his intent to sell, convey or lease the premises or any portion
thereof, which notice shall set forth the names of the parties and the
rincipal details of the proposed transaction and the party of the first
art, if she desires to exercise her right to reacquire the premises,
shall so notify the party of the second part, or the survivor of them by
ritten notice sent to the premises within sixty (60) days after deliver;
f such notice to the party of the first part; otherwise said right to
eacquire the premises, and the possibility of reverter of the party of
he first part hereinafter set forth, shall be void and of no effect if,
nd only if, the party of the secondart, or the survivor of them, shal-
omplete said proposed transaction within a further period of sixty (60)
ays . If the party of the first part shall exercise her right to reac-
uire theproperty as aforesaid, then the party of the first part and the
arty of the second part, or the survivor of them, within fifteen (15)
days after the giving of said notice by the party of the first part shal
agree on the purchase price to be paid by the party of the first part
etermined as above provided; any failure to agree on the purchase price
o be paid as aforesaid shall give either party the right to submit the
etermination of such to arbitration according to rules set forth by
he American Arbitration Association and any such determination by arbi-
ration shall be final. Within thirty (30) days after the determination
f the purchase price by agreement or by arbitration the party of the
second part or the survivor of them shall deliver a bargain and sale
deed sufficient to convey the premises to the party of the first part
free of all liens, encumbrances or other matters objectionable to the
party of the first part, excepting such as may be in existence as of the
date of this deed and the party of the first part shall pay the purchase
rice . All taxes, assessments and water and sewer charges shall be ap-
ortioned as of the date of delivery of the deed.
.i
- " LESTER M. ALSERTSC)N
RE CO RD ED- MAY 30 1975 Clerk of Suffolk County