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HomeMy WebLinkAboutL 12132 P 708NG WARRANTY DEED CONSIDERATION THIS INDENTURE, made the 18TH day of DECEMBER ,two thousand BETWEEN Q JOSEPH GUTIERREZ JR. AND HELEN^GUTIERREZ, his wife, party of the first pazt,residing at 615 South l ltlr Street, New Hyde Park, New York 11040 and JOSEPH GUTIERREZ JR. AND HELEN GUTIERREZ, Trustees, or their successors in trust, under the GUTIERREZ LIVING TRUST, dated December 18, 2000, and any amendments [hereto, residing at 615 South 11th Street, New Hyde Pazk, 11040 party of the second part, WTTNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the pazty of [he second part, does hereby grant and release unto the party of the second part, [he heirs or successors and assigns of [he party of the second pazt forever, ALL that certain plot, piece or parcel of lazed, with the buildings and improvements thereon erected, situate, lying azid being situate a[ Bay View, in the Town and Village of Southold, County of Suffolk and State of New York, and being more particularly bounded and described as follows: SEE ATTACHED SCHEDULE"A" The Grantor Helen P. Gutierrez is the same person as the Grantee Helen Gutierrez. BEING AND INTENDED [o be the same premises conveyed [o the party of the first part by Deed dated August 7, 1954 and recorded in Leber 3739 Page 317. SUBJECT to any state of facts an accurate survey may show. SUBJECT to any covenants, easements and restrictions of record, if any. TOGETHER with all right, title and interest, if any, of the pazty of the firs[ part in and [o any streets and roads abutting the above described premises to the center lines thereto; 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 [he premises herein granted unto the party of the second part, the heirs or successors and assigns of the p azty of the second part forever. AND [he party of the firs[ part, in compliance with Section 13 of the Lien Law, covenants [hat the party of [he firs[ part will receive the consideration for this conveyance and will hold [he right to receive such consideration as a trust fund [o be applied first for the purpose of paying the cost of [he improvement and will apply [he 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. AND the party of the first pazt covenants as follows: that said party of [he trst part is seized of the said premises in fee simple, and has good right to convey the same; [hat [he party of [he second part shall quietly enjoy the said premises; that [he said premises are free from encumbrances, except as aforesaid; that the party of [he first part will execute or procure any further necessary assurance of the title to said premises; and that said party of the trst paz[ will forever warrant the title to said premises. The word "party" shall be construed as if i[ read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the firs[ part has duly executed [his d ed the day and year Yirs[ above written. , / (y , JOS Hpp TI(E~RREZ JR. .lo U. •.~ ahnC„ HELENt('iUTIERREZ r $' l~ t F..Er:uR6E[~ E ~bi.3'r"u ~ .. . F:on~a~ ~;F ~J! ~_,C SCHEDULE "A" r• -_, U i ~ ilQ-d?;_;qo BEGINNING at a stake on the northwesterly line of a certain 50 foot private road, hereinafter described, 577.24 feet southwesterly along said northwesterly line from Bayview Road, being the southeasterly corner of land conveyed by Julius Zebroski to Elaine Axien by deed dated February 11, 1952, and recorded March 13, 1952 in Liber 3327 of deeds at page 316; and running along said northwesterly line of said 50 foot private road , S. 46° 38' S0" W.- 100.0 feet to land of Palmer; thence along said land of Pahner,N. 43° 21' 10"W.- 33.0 feet; thence still along said land of Pahner and into the waters of a dredged canal, S. 46° 38' S0 " W.- 135.0 feet to a point 10 feet southwesterly from the northeasterly shore of said canal; thence on a line 10 feet southwesterly from said northeasterly shore, N. 20° 00' W.- 103.89 feet thence on a line 10 feet northwesterly from the southeasterly shore of said canal, N. 40° 00'E.- 173.60 feet to said land of Axien, thence along said land of Axien, being partly thru the waters of said canal, S. 51° 32' 50 "E.-150.0 feet to the point of beginning. TOGETHER with a right of way over a 50 foot private road; the northwesterly line of which is described as follows: Beginning at a point on the southwesterly line of Bayview Road, said point being S. 59° Ol' 00" E.- 579.50 feet along said southwesterly line from a concrete monument set at a deflection point in said line, and running thence 2 courses, as follows: (1) S. 25° 16' 10" W.- 517.0 feet to a stake; thence (2) S. 46° 38' S0"W.- 160.24 feet to land of Palmer. The southeasterly line of said 50 foot private road is parallel with and 50 feet southeasterly from the above described northwesterly line, measured at right angles thereto. SUBJECT TO THE FOLLOWING COVENANTS AND RESTRICTIONS: 7a~~ 1. That the rights of way maybe used for the erection or construction of public utility lines. 2. There shall be no outside toilets erected or maintained on said premises, and an adequate septic tank shall be constructed for sewerage disposal. 3. No business, industry, commerce, profession or boarding house shall be maintained on said premises. 4. No structure shall be erected within ten (10) feet of any boundary line, excepting a bulkheading at the channel 5. No animals, poultry or livestock shall be kept on said premises, excepting household pets. 6. No dwelling house costing less than $5,000. shall be erected on said premises, unless the plans and specifications shall have fast been approved in writing by the party of the first part. 7. Not more than one (1) one-family dwelling house shall be erected on any parcel having less than seventy-five (75) feet frontage on the channel, measured on a line running North and South. 8. The party of the first part may at any time have the said rights of way running with the said premises released to the Town of Southold for the purpose of dedication as a public highway, without the consent of the party of the second part. 9. These covenants shall run with the land and may be released, altered or amended by the party of the first part at any time without the consent of the then owner of the premises. TOGETHER with the right to the use, in common with others, of the existing dredged canal, for the purpose of ingress and egress to and from the premises above described, and to and from Corey Harbor. !'~ ~ 2 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed /Mortgage Instrument 4 3 kECOkGEC~ 2i~i71 Jul 30 11:1±:'i al9 Ed~.aat-d P.komain? +LEkVi OF SUFFtjLk; iUUPIT'r' L 1;00012132 p 'i~: Deed /Mortgage Tax Stamp FEES Page /Filing Fee ~~ Handling TP-584 Notation EA-52 17 (County) T Sub Total C~~ t/V i EA-5217 (State) RP.T.S.A. _ Comm. of Ed. Affidavit Certified Copy Reg. Copy Other J.StarRQ~ o3re~~-~ I Initials ~ Satisfa 5 00 Sub Total '7J` ~~~ GRAND TOTAL Real Property Tax Service Agency Verification Dist. Section Block Lot R Mortgage F 1. Basic Tax 2. Additional Tax Sub Total Spec./Assn. Or Spec. /Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment Transfer Tax _~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. 6 / Preservation Fund Consideration Amount $ ~7 ~.0 I !'J 4.~n I r~~ z iyy,l CPF Tax Due,. $ Land ~~ ~ ~ Q~~ ~ <<o~d `~ ctions/Discharges/Releases List Property Owners Mailing Address TD RECORD & RETURN TO: ~.~ ~~ TD TD U Title Company Information ICo. Name Title # 9 j_Suffolk County Recording & Endorsement Page This page forms part of the attached (,l) /,~(~~ T~/ I~t--E~ made by: ,~(( /r (SPECIFY TYPE OF INSTRUMENT ) ~IO~j(rP (~ l~~l E.~ ~ ~ f2 R'ND The premises herein is situated in }~ E~,EN l~(/r E t~R-E ~ SUFFOLK COUNTY, NEW YORK To In the Township of ~jp p ~ (.~-p L~ Jo~P~+ ~~tX I GI~RI: ~/~ti`~ r2. ~ II "~'.'.~j(/-~1~2~Z In the VILLAGE ~,~/ UNCI.U(~ (j~~'I..P~Yr'~7~ V1A~4t~t ~,etlhl or IIAMf,ET of ~blJ l1~%'G Lb BOXi,S 5 ThIRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type o£ Instrument: DEEDS/DDD Recorded: 07/30/2001 Number of Pages: 4 At: 11:19:21 AM TRANSFER TAX NUMBER: 00-47898 LIBER: D00012132 PAGE: 708 District: Section: Block: Lot: 1000 087.00 04.00 002.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Page/Filing $12.00 NO Handling COE $5.00 NO EA-CTY EA-STATE $25.00 NO TP-584 Cert.Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Comm.Pres $0.00 NO Fees Paid TRANSFER TAX NUMBER: 00-47898 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County Exempt $5.00 NO $5.00 NO $5.00 NO $15.00 NO $0.00 NO $72.00