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Home My WebLink AboutL 8680 P 168 to /1 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD■E USED BY LAWYERS ONLY Oj• b TlTiS iND IYC[JaPe the (o ' day of T sr , nineteen hundred and seventy-nine 1 � BETWEEN IIIA THOMAS J. FITZMAURICE and KAY FITZMADRICE, his wife, both residing at 345 Snug Harbor Road, Greenport, New York, DISTRICT SECTION BLOCK LOT ( I: � g 12 17 21 26 M party of the first part,and THOMAS J. FITZMAURICE and LINDA C. FITZMAURICE, his wife, M both residing at 23 Spencer Dr., Bethpage, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other good and t valuable consideration, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or � b successors and assigns of the party of the second part forever, the unit known as No. E-9 (hereinafter called "the Unit") in the buildings known and designated as Crescent - O Beach Condominiums, Town of Southold, County of Suffolk designated and described t i Q as Unit E-9 in the Declaration establishing a plan for condorninium ownership of said buildings and the land on which they are erected (hereinafter called the "Property") , made by the grantor under the Condominium Act of the State of New York (Article q 9-B of the Real Property Law of the State of New York) , dated June 8, 1978, and recorded in the Office of the County Clerk, County of Suffolk on the 8th day of b June, 1978, in Liber 8441 at Page 183 (hereinafter called the "Declaration") and —� designated as Tax lot No. E-9 in District 1000, Sec. 38.00, Blk. 07.00, the 1a Tax Map of the Town of Southold and on the floor plans of the buildings certified `J l by Lawrence Tuthill, Engineer on the 21st day of May, 1978, and filed in the Office of the County Clerk, County of Suffolk on the 31st day of May, 1978, as u Condominium File No. 62. The Land on which the Buildings are located is described M as follows: All that certain plot, piece or parcel of land, with the buildings and improve- ments thereon erected, situate, lying and being at East Marion, Town of Southold, Q County of Suffolk and State of New York, bounded and described as follows: BEMZ1ING at a point on the easterly side of a private road kno m as Maple Lane and which point is distant 2100 feet more or less southerly from the south property N line of Main Iniad. The said point of beginning being a common corner with lands now or formerly of Kavanagh. Fran said point of beginning easterly 62.08 feet on a bearing North 56 degrees 29 minutes 10 seconds east; thence southerly bearing south 33 degrees 30 minutes 50 seconds east 120 feet; thence easterly bearing north 56 degrees 29 minutes 10 seconds east 208 feet; thence southerly bearing south F it 33 degrees 30 minutes 50 seconds east 167.54 feet, thence easterly bearing north 85 degrees 45 minutes 20 seconds east 250.0 feet; egr' thence southerly bearing south 11 degrees 49 minutes 30 seconds west 474.34 feet; thence westerly along the mean ' I high water line 198.457 feet bordering Gardiner's Bay; thence northerly along the following bearings and distances: (1) North 31 degrees 15 minutes 50 seconds west 15 feet more or less; O' (2) South 85 degrees 06 minutes 00 seconds west, 18.1 feet; (3) North 4 degrees 54 minutes 00 seconds west, 31.8 feet; (4) North 85 degrees 06 minutes 00 seconds east 2.4 feet; (5) North 31 degrees 15 minutes 50 seconds west, 602.42 feet to the point or place of beginning. Subject to an easement and/or right of way over the most northerly 25 feet of the above described premises, in favor of the owners of premises adjoining the subject premises on the north east and which said easement is bounded and described as follows: BEGINNING at a point on the easterly side of a private road known as Maple Lane and which point is distant 2100 feet more or less southerly from the south property line of Main Road.; The said point of beginning being a common corner with lands now ARTHUR J. FELICE R E C 0 RDE D AUG 21 1979 Clerk of Suffolk County, ' uff 8680 FACE 169 or formerly of Kaplan and Kavanagh. From said point of beginning easterly a distance of 62.08 feet on a bearing north 56 degrees 29 minutes 10 seconds east; thence southerly on a bearing south 33 degrees 30 minutes 50 seconds east 25.00 feet; thence westerly on a bearing south 56 degrees 29 minutes 10 seconds west, 62.10 feet; thence northerly on a bearing north 35 degrees 15 minutes 50 seconds west 25.00 feet to the point or place of beginning. Subject to a right of way 15 feet in width running from the southerly end of Maple Lane to the northwesterly corner of the premises, thence easterly along the northerly boundary of the premises about 270 feet; thence southerly, along the easterl line of the premises and land of Rutkowski, about 287 feet; thence southeasterly, along other land of Rutkowski about 250 feet to lard of Kaplan. TOGN7PfID2 with an undivided 5.356 per cent interest in the comron elements of the Property (hereinafter called the "co mion elements") ; TOGEPFEM with an easement for the continuance of all encroachments by the Unit on any adjoining units or ccamnn 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 eminent domain proceedings, or by reason of an alteration to the oermon elements, so that any such encroachments may remain so long as the Building shall stand; TOGETI]ER with an easement in common with the owners of other units to use any pipes, wires, ducts, cables, conduits, public utility lines, and other ccamn elements located in any of the other units or elsewhere on the Property, and serving the Unit; TOGE7SM with the appurtenances and all the estate and rights of the Grantor in and to the Unit; TOGETHER with and subject to all easements of necessity in favor of the Unit or in favor of other units or the conn elements; SUBJECT to easements in favor of adjoining units and in favor of the common elements for the continuance of all encroachments of such adjoining units or crormnn elements on the Unit 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 any adjoining unit or of the courach elements after damage or destruction by fire or other casualty, or after a taking in condemnation or eminent domain proceedings, or by reason of an alteration to the common elements, so that any such encroachments may remain so long as the Building shall stand; SUBJECT also to an easement in favor of the other units to use the pipes, wires, ducts, conduits, cables, public utility lines and other conn elements located in the Unit or elsewhere on the Property and serving such other units; SUBJECT also to the provisions of the Declaration and of the By-Laws of the Condominium recorded simultaneously with and as apart of the Declaration, as the same may be amended from time to time by instruments recorded in the Office of the County Clerk, County of Suffolk, State of New York, which provisions, together with any amendments thereto, shall constitute covenants running with the land and shall bind any person having at any time any interest or estate in the Unit, as though such provisions were recited and stipulated at length herein; SUBJECT also to zoning regulations and ordinances and any amendments thereto; provided current zoning does not prohibit present use being made of the property. SUBJECT to a mortgage held by James P. Kavanagh in the present amount of $14,795.79. TOGMIER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, The use for which the Unit is intended is that of a residence only. The Grantee accepts and ratifies the provisions of the Declaration and the By-Laws and the Rules and Regulations of the Condominium recorded simultaneously with and as part of the Declaration and agrees to comply with all the terms and provisions thereof as the same may be amended from time to time by instruments recorded in the Office of the Clerk, County of Suffolk. ARTHUR J. FELICE R E C O R D E D AUG 21 1979 Clerk of Suffolk County)