HomeMy WebLinkAboutL 6145 P 588 LIBER 6145.PA588
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BARGAIN and SALE DEED with Covenant against Grantor's Acts
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THIS INDENTURE, made the tQ day of April, 1967
BETWEEN and AMONGST. SEVERALLY and jointly
a2. � NELLIE ROGERS, Greenport, New York
FRANCIS F. BROOKS and ALICE R. BROOKS his wife
Greenport, New York
ALFRED E. HOMAN, Pipes Neck Road, Greenport, New York
ALFRED E. HOMAN JR., Pipes Neck Road, Greenport, New York
parties of the first part, and
JACK KAMAIKO
57 Charles Street, New York, N.Y.
party of the second part.
WITNESSETH, that the parties of the first part, in consideration
of Ten Dollars and other good and valuable consideration paid by
the party of the second part, do 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,
`-? "PARCEL A", being land of Nellie Rogers, ALL that certain
plot, piece or parcel of land, situate, lying and being at "Pipes
Neck", Arshamamoquey Town of Southold, State of New York and
County of Suffolk, bounded and described as follows:
BEGINNING at the westerly corner of lot 35 and the
southerly corner of lot 36 as shown on "Map of Arsha-
i .4 mamoque Villa Sites", filed in the Suffolk County
Clerk's Office as Map #52; from said point of beginning
running along said lot 36, N.45° O1' E. - 125 feet,
more or less, to ordinary high water line of Pipes
Cove; thence southeasterly and then southerly along
V qa said high water mark, 80 feet more or less, to the
All extension southeasterly of the northeasterly line of
"Appleby Place"; thence along said extension and
along said northeasterly line of "Appleby Place", N.
44° 43' W. - 132 feet more or less, to the point of
beginning.
Together with a right of way hereinafter described.
Subject to a purchase money mortgage and bond in the
sum of $2,500.00 made on even date herewith by Jack
/ Kamaiko e., to Nellie A.
Rogers.
"PARCEL B", being land of Frank F. Brooks and Alice R.
Brooks, his wife, All that certain plot, piece or parcel of land,
together with the buildings and improvements thereon-, lying and
being at "Pipes Neck", Arshamamoque, Town of Southold, County of
Suffolk, State of New York, bounded and described as follows:
BEGINNING at a monument at the westerly corner of lot
33A and the southerly corner of lot 34 as shown on "Map
of Arshamamoque Villa Sites", filed in the Suffolk
County Clerk's Office as Map 452; from said point of
beginning running along said lot 34, being also along
the southeasterly line of a certain 50 foot right of
way hereinafter described, N. 45' 01, E. - 50.0 feet
to a monument on the southwesterly line of "Appleby
Place", as shown on said map; thence along said south-
westerly line of "Appleby Place", and the extension
southeasterly thereof, S. 44' 431 E. - 200 feet, more
or less, to ordinary high cater mark of Pipes Cove;
thence southwesterly along said high water mark 50 feet,
j more or less, to land of Homan and others; thence along
said land of Homan and others, N. 44' 431 W. - 207 feet,
more or less, to the said point of beginning.
Together with a right of way hereinafter described.
Subject to a purchase money mortgage and bond in the
sum of $10,000.00 made on even date herewith by Jack
Kamaiko -, to Francis F.
Brooks and Alice R. Brooks his wife.
"PARCEL C 1 11, "lot 36" being land of Alfred E. Homan,
Francis F. Brooks and Alfred E. Homan Jr., All that certain plot,
piece or parcel of land, situate, lying and being at "Pipes Neck"
Arshamamoque, Town of Southold, County of Suffolk, State of New
York, bounded and described as follows:
BEGINNING at the westerly corner of lot 36 and the
southerly corner of 037 as shown on "Map of
Arshamamoque Villa Si es", filed in the Suffolk
County Clerk's Office as Map #52; from said point of
beginning running along said lot 37, N. 45' 011 E. -
110 feet, more or less, to ordinary high water mark of
Pipes Cove; thence southeasterly along said high water
mark, 50 feet, more or less, to land of Rogers; thence
along said land of Rogers, being partly along lot 35
as shown on said Map, S. 45° 01' W. - 125 feet, more
or less, to the northeasterly line of "Appleby Place";.
thence along the said northeasterly line N.44' 43- W -
50.0 feet to the point of beginning
"PARCEL C 2" "Appleby Place" being land of Alfred E. Homan,
Francis F. Brooks and Alfred E. Homan Jr., All that certain plot,
piece or parcel of land, situate, lying and being at "Pipes Neck"
Arshamamoque, Town of Southold, County of Suffolk, State of New
York, bounded and described as follows:
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i _2_
III iIaFR6145 _590
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BEGINNING at the point of beginning of Parcel Cl herein-
above described, and running along lots 36 & 35 as shown
on said map, S. 44` 43' 00" E. - 182 feet, more or less,
to ordinary high water mark of Pipes Cove; thence
southerly along said high water mark 25 feet, more or
less, to land or Brooks; the,icealong said land of Brooks,
being partly along lot 33 A as shown on said map, N. 44°
43' 00" W. - 200 feet more or less, to a monument at
the northerly corner of said lot 33 A; thence along said
it land of the party of the first part, N. 45' Oil 00" E. -
20.0 feet to the point of beginni':g.
' I Together with a right or way hereinafter described.
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All of the foregoing described parcels, "A", "B", "Cl;-,and
"C 2", when taken together consist of all that certain plot, -
piece or parcel of land, situate, lying and being at 'Pipes Neck"
Arshamamoque, Town of Southold. County of Suffolk, State of New
ISI York, bounded and described as follows:
BEGINNING at a point marked by a concrete monument,
which point is where the division line between Lots
33 and 33A intersects the most southerly corner of
f Lot 34 as shown on Map of Arshamamoque Villa Sites,
filed in the Suffolk County Clerk's Office on Sept.
21, 1911 as Map No. 52, which .point is also distant
1 717.37 feet northerly, easterly and Northeasterly
when measured along the easterly, southerly and
Southeasterly sides of the right of way hereinafter
described, from a monument on the Northeasterly side
of Pipes Neck Road7 .which last mentioned monument
marks the beginning point of the right of way here-
inafter described;. and from said point of beginning
first above described running thence along the South-
easterly side of Lot 34 and along the Southeasterly
s side of Lot 37 and the continuation Northeasterly
i thereof, on said map and along the Southeasterly
side of the right of way hereinafter described North
45 degrees 01 minutes 00 seconds East 180 feet to the
ordinary high water mark of Pipes Cove; running thence
in a general Southeasterly and southerly direceion
along said ordinary high water mark 310 feet, more or
less, the tie lines of which bear South 30 degrees 45
minutes 30 seconds East 128.86 feet and South 16 degrees
12 minutes 50 seconds West 170.38 feet to land now or
formerly of Alfred Homan and others at a point which
is South 44 degrees 43 minutes 00 seconds East 207.0
feet from the point of beginning first above described;
running thence along said land and in part along the
; i division line between Lots 33 and 33A on said map North
44 degrees 43 minutes 00 seconds West 207.0 feet to the
point or place of beginning first above mentioned.
TOGETHER WITH a right of way for ingress and egresss
to and from the premises above described t, and from
Pipes Neck Road, over the following described 50 foot
private Right of way, which said right of way is more
particularly bounded and described as follows:
LBEK6145 HWE591
_ BEGINNING ai a point nark-'? by a monument on the North-
er stcrly s!Je of Pipes Neck Road where the same is inter-
seated by the Southwesterly corner of land now or form-
erly of Barron, .which point is also distant 10.33 feet
NorthwesLerly wnon measured along said Northeasterly side
of Pipes Neck Road from the Southwesterly corner of Lot
22 as shorn. on Manor Arshamomoque Villa Sites, filed in
the Suffolk County Clerk's Office on September 21, 1911
as Map No. 52, which pointis also distant South 58 degrees
39 minutos 20 seconds East 170.49 feet from a monument
on the Norn=_as'_erly side of said Pipes Neck Road where
the same in intersected by the easterly side of land now
or formerly of Reiter and from said point of beginning
running t - ce along the Northeasterly side of said Pipes
Neck Roseorth 58 degrees 39 minutes 20 seconds West
51.66 feet to a monument and land now or formerly of
Alfred E. Homan Jr., running thence along said land North
16 degrees 27 minutes East 167.52 feet; running thence
along said land now or formerly of Homan & Brooks South
73 degrees 13 minutes East 366.21 feet and North 45 degrees
of minutes East 400 feet, more or less, to the ordinary
nigh water mark of Pipes Cove; running thence in a gener-
ally Scud':•easterly direction along the same 50 feet,
more or less, to other land now or formerly of Homan,
et sl.(the Northwesterly side of Lot 36 on said map or
the extension Northeasterly thereof); running thence
along said land and across Appleby Place as shown on
said map, and along land now or formerly of Brooks,
.,I Homan et ml., Hintze and again along land now or form-
erly of Polish et al. South 45 degrees 01 minutes West
415 fact, mora or less, to the most southerly corner
of Lot 29 as shown on said map; running thence along
said '_anti of Homan et al., Phillips, Eckhardt and Barron
North 73 dcarees 13 minutes West 346.22 feet; running
tncncc along said land of Barron South 16 degrees 47
minutes West 130.51 feet to the point or place of
BEGINNING.
Being and intended to be the same premises as;
LOT 35 NELLIE A. ROGERS, as surviving tenant by the
entirety by deed dated 4-25-32 recorded 7-20-32 in Liber
1661 cp 394, made by Isadora C. Judge and Mary A. Homan
and by correction deed dated 9-26-32 recorded 10-10-32
in Liber 1677 cp 142, made by Isadore C. Judge and Mary
A. Homan.
LOT 33A FRANCIS F. BROOKS and ALICE R. BROOKS, his wife,
as tenants by the entirety by deed dated 12-11-59
recorded 12-15-59 in Liber 4740 cp 533, made by Francis
F. Brooks.
LOT 36 & part of Appleby Place ALFRED E. HOMAN,
PRANK F. BROOKS and ALFRED E. HOMAN JR., as devisees
under Last Will and Testament of Mary A. Homan,
deceased.
lc-.other with s,ch other land as may be included in the convey-
ances hereinabove set forth and described.
EXCEPT for the right of way hereinabove described, all of
isle parties hereto, as the same may apply severally, jointly,
Ileal by, between and amongst themselves, do hereby consent to release,
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and quitclaim, ali right, title and interest in and to any right
of ways heretofore granted, relating to and or shown on a certain
Map entitled "ARSHAMOMOUE VILLA SITES", filed in the Suffolk
County Clerk's Office on September 21, 1911 as Map No. 52.
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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 e
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, th
.heirs or successors and assigns of the party of the second part
forever.
AND the party of the first part covenants that the party of the
firstpart 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 consideration as a trust fund to
'i be applied first for the purpose of paying the cost of the improv - -
ment 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
j; for any other purpose.
The word "party" shall be construed as if it read "parties" when-
ever 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 and by party of
the second part.
In Presence of: /-
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