Loading...
HomeMy WebLinkAboutL 12500 P 392I], '"""iNDiUm, made the I dayof' ,Two Thousand Sevan ]l BETWIg. F,N ' / ' ' FRANK C. GILBERT, residing ':' 5 ~_pen Court, Ossining. New York.10562, and CHARLES S. GILBERT. residing at 191 Crest Drive,'" ~rm'i;.d'own, New York 10591, as Trust~"' oftbe""Gilbert Premises Trust; party of the first part, and FRANK C. GI'LBERT, residing at 5 Aspen Court, Ossining, New York 10562, and CHARLES S. GILBERT, residing at 191 Crest Drive,, Tarrytown, New York 10591, as Tenants in Common~ pany of thc second pa~, .,.... ~ ..... .n . . o?m~. ,A ~loc:'-xil~ wI'rNESSETH, that,,~ .Rgrty. ofthc first part.;-.m, eoas~derat~on often doll'~rs aiid:otberrvaluslile.conslderatton prod by the party o£the second parL.does hereby, .r~,.,?~,, release and qmtclmm un.to-thelparty~of, the. secced part, thc he~rs or secens$ors and asa~glxs.of the party of thc ao:ohd, .Ran forever, __. ~.. ,¢0 m~u~. aa~.~,~;~ ,,o.~=~m,nnO ALL that tract or parcel of land situate, lying and heins at Bayvicw. in thc Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marked by an iron pipe set on the northerly line cfa $0 foot privaW road known as "North Parish Drive", 1122.0 feet custerly along said line from a point on that course ofthe easterly line of North Road t.o Bayvicw, which runs North 14 degrees 25 minutes 20 seconds West, which p6int is 372.21 feet from the southerly {md of said come; from said point of beginning running in a westerly direction along thc northerly line ofsald private read, North 75 degrees ~4 minutes 50 seconds Wt~t a distance of 100.0 feet to a point marked by an iron pipe; RUNNING THENCE in a noRherly direction on a line at right angles lo said northerly line ofsald private wad, NoRh 14 degxeea 0S minutes I 0 seconds East a distance of 240 feet, more or less, to ordinary highwater mark of Peeonio Bay;, RUNNING Tii ENCE in an easterly direetion along the ordinary highwater mark of Peeonic Bay a distance of ! 00 iL'et, or more, to a point which is North i 4 degrees 05 minutes 10 seconds East I~om the point or place of beginning: RUNNING TllENCE South 14 dogree~ 05 minutes 10 seconds West a distance of 23S feet, more or less, to the point or place of BEGINNING. TOGETHER with the fight to the use cfa fight of way (in common with others) over said $0 foot private road known as "North Parish Drive" f~om the southeasterly comer fo thc pr,~mises extending westerly 1122.0 ii:et to North Bayview Road. TOGETHER with the right to the use of a fight of way (in common with others) over a 50 foot private read known as "Dayton Road" extending southerly from the southerly line of"North Parish Drive" about 423 to North Bayview Road. RESERVING. however, m thc party of thc first part. her legal mpresentativas and assigns, the right to dedicate said rights of way over North Parish Drive and Dayton Road to the Town of Southold as public highways, and the parties of the second part by the acceptance of this deed do hereby consent to such dedication and do hereby release the said Town of Southold i~om any liability for damages occasioned by reason of said dedication and acceptance ofsaid rights of way as public highways. RESERVING, however, to the party of the first part, her legal representatives and assigns, all rights to installation, maintenance, repair and replacement of public utility lines, pipes, wires and conduits, along the surface, above the surface and below the surlhce of the highways adjoining said premises, and the right and privilege to enter upon the premises herein described and lay, construct, erect and maintain therein or thereon sewer pipes, water or gas mains, telephone or electric light poles, wires or conduits, with all ordinary appurtenances and fittinga; provided, however, that sower pipes mains, poles or conduits shall be laid, constructed or ereetod only within five (5) feet of the fight of way or roadway line of said premises. SUBJECT to the covenants and restrictions hcn~Jnafler set forth, (SEE SCHEDULE "A" HERETO ANNEXED). TOGETI IER with all the right, titl~ and im,z~st, if any. of the party of the first part in and to any streeks and ronda abutting the above described premises to the center lines thereof: TOGI.q'H ER with the appurtenances and all the estate and fights of the party ofthg first part in and to said premises; TO I lAVE AND TO HOLD the promises herein granted unto the party of the second part, the heirs or successors and assigns of the party oftbe sc'cend part forever. AND the party of the £nst part, in comphanoz with Section 13 of the Lien Law, covenants that the pa~ty ofthe first part will receive tho consideration fi~r this conveyance and will hold the right to receive such consideration as a trust fuhd to be applied first for the purpose of paying the cost of thc improvcm6nt and will apply the same In'at to the payment ortho coat oftbe improveman!...%fore using any part ofthe total ortho same for any other purpose. The word "party" shall be construed as if it rend ':parties" w.henover the sense of this indenture so requires. IN W ITN ESS W HEREOF, the party of the fa'st part has duly e.v.~:eutnd this deed the day and~,~r fa'at above written. IN PRF. S£NCE OF: /~'~/~., /~ l,~ / WITNli$S Sl'muL'mt N.Y.B.T.U. fens g004 - Q~itclaim I.~'al - Uailbnn Aglmowlodgmmt (~in~e she~) Form 2216 SCHEDULE ~A~' ' The'l~remises above described shall be subject to the following covenants and restrictions: 1. Ttm. t only one single iianily dwelling house, for private residential purposes, one boat-house, one bath- house, and a private garage, for family use, shall be built on said premises. No trailers, tents or camping shall be permitted and no occupancy of any such dwelling house shall be pc-milled until the outside and roof shall be fully and completely finished and painted. 2. That no building, structure or structures on, above or below the surface, other than public utility pipes or lines, shall be erected, constructed or maintained with 35 feet of any lane, hi,way or mad. That no building shall be constructed with twenty-five feet of the top of thc slope ortho beech hank except that one boat-house and one hath-house may be constructed on.the beach or slope of harOt, neither of which shall exceed twelve (12) feet in height above mean high water. 3. That no building, strueture or structures on, above or below the sur face, other than public utility pipes or lines, shall be erected, constructed or maintained within ten (10) feet of sideline boundaries. 4. That no building, structure or structures shall be erected, constructed or maintained at a height in excess of two stories. Buildings shall be erected on closed foundations ofpoured concrete or concrete blocks, and no buildings on posts shall be permitted. 5. That no dwelling house, exclusive ofipu'age, shall be erected on said premises which shall contain les.s. than 1,000 square feet on the ground floor, exclusive of porches and l~arages. All plans and spccificatiohs shall be subject to the approval of the party of the first pm't, in writing, but such approval shall not be unrensonnbly withheld. . . 6. No nuisances and noises ofany kind. unwholesome and offensive to the neighborhood, shall be permitted to exist on said premise, nor shall any nc'cumulation of rubbish, garhage, junk or materials of any kind be permitted to remain on said premises. No advertising signs, billboards or other si~n devices shall be permitted on said premises, excepting a "FOR SALE" or "FOR RENT'' sign ofreasonnble dim. cosions. Owners shall cut the grass and keep the appearance of the premises in accordance with the standnni of the community. No..,',.._ hedge or fence shall be allowed to be constructed over five ~,5) feet in height. 7. No fowl, poultry, animals or livestock shall be kept on premises, except for domestic household pets. 8. There shall be no outside toilets or outhouses erected upon said premises. An adequate septic tank or cesspool shall be erecled and maintained to take care of the sewage disposal. 9. Said premises shall be subject to electric, cleetric light, gas and telephone easements on the surface or below the surface and above the surface of the roadway or lane adjacent to said premises. 10. No sand, earth or sod shall be relnoved from the premises, or excavation be allowed to remain open thereon, except ns may be necessary at such times ns building or landscaping.operations are in progress. 1 i. Thc said covenants and restrictions are hereby dcelared to be covenants and restrictions attached to and rmmJng with tho land. That such covenants and restrictitlns are to nm for a period often ~,10) years and shall terminate on Nov. l, 1968. The seller agrees to place the same restrictions on other premises owned by him noah of North Parish Drive for a distance of 300 fcet west of the premises above described and 200 feet east ofthe premises above described. The seller reserves all restriction rights as to other property owned by him both south of North Parish Drive and elsewhere. '1'O BE USED ONLY WIIEN THE ACKNOWLEDGMEN'F IS MADE IN NEW YORK STATE Nc4my Pub&~ Shde of HewY~k '~' No. 01BI~S07~2G~ Omdlflnd in ~ ~ ~ommis~lon ,E,~plml June 03, ~ El~.abelh A. Bruno v ~ Public, State of N~vYMII '.~. No. 01~R2~0752~ ._~1~ in Dut~ ~ ~8~ E~ires Ju~ 03. ~ 1'O BE USED ONLY WIIEN TIlE ACKNOWLEDGMENT IS blADE OUTSIDE NEW YORK STATE State (or District of Columbia, Tenito~,, or Foreign CounuT) of On the day of in the year 2007, befog me, ~ undersigned, personally appearnd petsonnlly known to me or proved to me on the basis of setisfuciory evidence Io be the individunl(s) whose names(s) is (are) subscribed to the within instmmem and ucknowledged to me that he/she/they execmed the same in his/hot/their capacfly(ies), und ~hat by his/bet/their ~ignammts } on the i nsmanont~ the individual{ s). or ate per, on upon behal fofwhich the individual(s) aoted, executed the ip. stmment, and that such individual made such appearance below the undersigned in the in (insert the City or o~bot~olitiea~ subdi'=v~ionj' ' (nmi ~ ~e ~tate or Coun~ ~ ~h~ ~ekn~ent was takm) (signsmre and office ofindix~dual takin8 acknowlGIsrm.'n t) QUITCLAIM DEED SECTION } BLOCK } Title No. LOT } FRANK C. GILBERT and COUNTY CHARLES S. GILBERT, ns Trustees STREET ADDRESS TO FRANK C. GILBERT and CHARLES S. GILBERT 71-1=29 Suffolk 1010 North Parish Drive Southold, New York Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: CONNORS AND SUI.I.IVAN, P.C. 7620 Third Avenue Brooklyn, New York 11209 Tel: (718)238-6500 File # 0~-7679-0~ Number of pries TORRENS Certificate # Pd& Ctf. # Dued /Mongage Instrument Deed / MOn~e T~x S~mp FEES Page/Filing Fcc Handling TP-~84 Nomion ER-52 17 (Coumy) EA.~217 (State) R.P.T.S.A. Conon. of Ed. Affidavit Certified Copy Reg. Copy Other '~'"~ -- '-~ SubTotal ~ Sub Total 5 GRAND TOTAL Real r, ov~,iy Tax Service ASmcy Vetificadea _Dist. [ Section B I~ I bt ooo o? oo ~fion~Di~b~el~s List Pm~ U ~R~CO~ a RETU~ CONNORS ~D SUL~ZV~ P.C. 7620 Third Aveeue ~took/ye, Ney York 11209 RECOPJ)ED 200? ~pr 11 02:~:09 Prt · . $~Ji~ R. Pascals CLE]~ 0F SUFFOLK COUNTY L P392 Reonldi~s I Filhlg Stamp~ Mortgage Ami. I. Basic Tax 2. Additional Tax Sub Total SpgcJAssiL Or Spec./Add. TOT. MTG. TAX Dual Town Dual Countl~ Held for Apponiom~ent Tnmsfer Tax Mansion T~x / The property cover~i)y ~his m~mga~ is or will be improved by a one or two family dwelling only. YES or NO. If NO, see ap/x~riare tax clause on page # · .. of'his ! Pte~e~__-_,'vation Fund Amount Due Impmved Land Ir-) Title Company Information Co. Name 9~ , Title # Suffolk County Re,cording & Rndorsement Page Tl~s page forms part of the attached ~. made by: (SPECIFY TYPE OF INSTR--) FIC~IK C. GILBERT and CHARLES S. GILBERT, Tnepmmiseshcrcinissima~din As Trustees of the Gilbert Premises Trust SUFFOI. X~,NEWYORK. TO. ~ the Township or HAIVlLET of BOXES 5 THRU 9 MUST BE TYPED OR. PRINI'ED IN BI,AC[.Ii%~ ONLY PRIOR TO RECORDINO OR. FILING. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDIN(~ PAGE Type o£ Instrument: DEEDS/DDD Number o£ Pages: 4 Receipt ~,mher : 07-0035045 TRANSFER TAX NUMBER: 06-29563 District: 1000 Deed ~oount: Recorded: LIBER PAGE Section: Block: 071.00 01.00 EXAMI~ AND CHARGED ~ FOLLOWS $o.oo Received the Followin~ Fees For Above Instrument Page/Filing $12.00' NO Handling cee $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATB TP-S84 $5.00 NO Cert. Copies RPT $30.00 NO SCTM Transfer tax $0.00 NO C~,Pres Fees PaAd TAX NOMBER: 06-29563 THIS PAGE IS A PART OF TH~ INSTRIH~ENT THIS IS NOT A BILL Judit~ A. Pascale County Clerk, Suf[olk County o4/11/2oo? 02:36:09 PM D00012500 392 Lot: 029.000 Exempt $5.00 NO $15.00 NO $165.00 NO $o.oo NO $0.00 NO $0.00 NO $242.00 PLEASE TYPE OR PRESS FIBMLY WHEN WRITING ON FORM INSTRUCTIONS: httpW www.orps.state, ny.us or PHONE (518) 473-7222 I FOR COUNTY USE ONLY __ -- ~ I I '. ~ ,C,4'. ' J tA ~ J,.. ' STA~ OF NEW YORK · ~--' - -' -" ' '----" RP - "2'- I ~.~, I"1 <.'/T~%.~p . ~cy.:J ,I ~ 0 11 K)nly If Prat ~ m Pml~ C~ld as they apldq~. B~ 2m3F~ ~ ~eln ~T~ ~ ~ (Full ~le 0 ' ~SSME~ INfO. ON - I I I I I I I I ~.,,HC~O~ I BUYER BUYER'G ATTORNEY CONNORS AND SULLIVAN, P.C., 5 I ASPL~ COURT OSSINING I NY I 10562 LANDSKIND I ~FMATA I NEW YORK STATE COPY