HomeMy WebLinkAboutL 6826 P 427 Standard N.Y.B.T.U.Form 8007-7-70-70M—Bargain and Sale Deed,with Covenant against Grantor's Acts—Individual or Cot o Ation. N.r
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l! y CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
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THIS INDENTURE, made the 5th day of October nineteen hundred and seventy
BETWEEN 7e q v
FRED W. YOUNG, ) residing at Arshamomaque, Town of Southold,
Suffolk County, New York,
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party of the first part, and
X HOWARD H. ZEHNER, residing at 46 Revere Road,
Port Washington, Nassau County, New York,
es
party of the second part,
WITNESSETH, that the party of the first part, in consideration of One
dollars,
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
successors and assigns of the party of the second part forever,
AId, that certain plot) piecesor parcelsof land, with the buildings and improvements thereon erected, situate,
lying and being in the Town of Southold, Suffolk County, New York, bounded
and described as follows:
PARCEL 1. BEGINNING at a concrete monument set on the southerly side
of a 16 feet wide Right of Way where it is intersected by the
easterly line of the lands now or formerly of Killion and approx-
imately 1740 feet easterly along the said Right of Way from State
Road; Thence South 67° 41' 40 " East along the southerly line of
said Right of Way 428. 73 feet to a concrete monument and the westerly
line of the lands now or formerly of Sage; Thence South 16 ° 56 ' 40"
West along said lands 760 feet to the ordinary high water mark of
Peconic Bay; Thence westerly along said high water mark on a tie
line course and distance North 60 ° 16 ' 20" West 481.58 feet to the
easterly side of the former entrance to the basin; Thence North
200 28 ' 30" East along the former inlet to the basin, continuing
along the bas3min and further continuing along lands now or formerly
of Kilion 694. 83 feet to the concrete monument set on the southerly
line of said Right of Way at the point or place of beginning,
together with all right title and interest in and to two arms of
land abutting on the west the course North 20° 28' 30" East afore-
mentioned and jutting into the basin;
TOGETHER with non exclusive easement of Right of Way to pass and
repass for all purposes over the 16 feet wide roadway hereinbefore
mentioned running from whereever said roadway contacts the premises
hereinbefore described in a general westerly direction to gate Road
(the main highway) .
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REAL ES IATr rll `;_r, STATE Of t
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LIBEF lJ� ^U PME 428
PARCEL II. BEGINNING at a point on the ordinary high water mark
of Peconic Bay at the southeasterly corner of Lot 52, Map of South-
old Shores, Suffolk County Map # 3853; from said point of beginning
running along the easterly line of said Lot 52 and passing through
a concrete monument North 200 08 ' 40" West 40 feet more or less to
the shore of the basin; thence in a general northeasterly direction
through the waters of the inlet and along the shore of said basin
on a line generally parallel with a course North 75 ° 15 ' 00" East
325 feet more or less to Parcel I; thence along Parcel I to the
ordinary high water mark of Peconic Bay; thence along the ordinary
high water mark of Peconic Bay and through the waters of the inlet
on a line generally parallel with the course South 75 ° 15 ' 00" West
325 feet more or less to the point or place of beginning.
TOGETHER with all the right, title and interest of the party of the
first part the lands under the waters of Peconic Bay and the basin
and between those bodies of water.
BEING AND INTENDED TO BE the same premises conveyed to the party
of the first part by deed dated March 21, 1950, recorded April 18,
1950 in Liber 3066 of Deeds at page 82, and by deed dated August
17, 1962, recorded August 20, 1962 in Liber 5217 of Deeds at page
35 in the Office of the Clerk of the County of Suffolk.
TOGETHER with all the easements and appurtenances in said deeds
provided and subject to the covenants therein.
II
l.ip6826 FADE429
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 party of the second part, Howard H. Zehner, herebelow affixes
his signature to this instrument evidencing his agreement to assume
and pay the existing mortgage on the premises herein conveyed,
which mortgage was made to The North Fork Bank & Trust Company by
the party of the first part on May 10, 1966 , and recorded May 12,
1966 in the Suffolk County Clerk's Office in Liber 4937 of Mortgages
at page 185 , on which the present remaining principal balance is
$20, 131.23, with interest paid to September 20, 1970
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 indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
TN PRESENCE OF:
Fred'�W Young
Howard H. Zeh r