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HomeMy WebLinkAboutL 12225 P 792hrpin and hie Deed with CovtaanU Apinst Grantor's Arts- Individual or Corp~alJGn CONSULT YOUR I~%WVER SF. FOR£ SI G NI NG TH L~, ] y.,STR UM EN'F - Tills ]NS']'RUMENT snouI.D B£ USEI) aY I~%W%'ER.N ONLY THIS INDENTURE, made the ),~/'~ ' 'day of October, 2002 BETWEEN FLORENCE A. HEESS, as surviving tenant by the entirety, residing at 195 Parsons Bh'd., P.O. Box 37, East Marion, New York, ! 1939 pan3' of the first .part, THOMAS HEESS, residing at 11331 S.W. 155th Street, Miami, Florida, 33157; and CHRISTIAN G. HESS, residing at 195 Parsons Blvd., P.O. Box 37, East Marion, New York, 11939, as tenants in common pany of the second part, WITNESSETH, that the party of the first part, in consideration ofTEN ($10.00) dollars, lawful money of thc United Slates paid by the party of the .second part, does hereby grant and release unto the party of the s~cond part, the heirs or successors and assigns of the patty of the second part forever, ALL that plot of land situate at East Marion in the Town of Southold, County of Suffolk, State of New York. which plot is known as and by the lot numbers seventy-five (75) and seventy-six (76) as shown on a map entitled "Map of Section Two Gardiner's Bay Estates, situate at East Marion, Long Island" which map was filed in Suffolk County Clerk's Office on September 23, 1927, under the number 275. Parties of the second pan are to have a right of way to pass and repass for steer purposes over all streets on said map including ';lhe paths" leading to the beach, excepting Cedar Lane below Pine Place and Beach Court west of lot 163 on said map, the fee to the land to said streets and paths however to remain in the lany of the first part. 'attics of the second part are to have the right to use the beach lying betxveen Spring Pond and the bay and Old Orchard I,ane and the Channel marked upon said map as "Beach for use of lot owners" for bathing and similar purposes, and are to have a right of way over Old Orchard Lane and over the beach to the said waters, such use to be subject to such reasonable restrictions as may be imposed by the party of the firsl part and such use to be in common with othcr persons to whom such dghts ma), be granted by the said Gardners Bay Company, Inc., the party of thc second part hereby covenanting and agreeing to pa), to the party of the first part the sum of five ($5) dollars per year for the usc of such beach, this payment of five ($5} dollars per year to be paid to the party of thc first part in advance on the first day of January in each and ev .er~ year. It is understood and agreed that the panics of the second part arc not to receive any title to thc land xn said beach, or any rights or title to the waters and the land under waters adjoining the said beach other than as above, and thc party of the first part reserves the right to cut a canal or canals, ditch or ditches, through the said beach, and to erect bridges over the same, the use of the said beach, of the waters adjoining and of thc beaches and canals to be cntirely at the risk oftbe patties of the second part who arc to hold the party of the first part harmless from any damage or damages which said parties of the second part or their heirs or assigns may suffer while upon the said beach or in the said svaters. If default be made in the payment ofthe sum of five ($5) dollars for use of thc beach, as provided above, and should such default continue for more than sixty days~ then the owner of tbese premises shall, at the !option of the party of the first part forfeit all ri~ts to the beach and the party of the first part, its successors or assigns, shall have the right and power to bring all necessary actions, against the owner of the promises or any pan thereof, for the collection of such sums ms may be due, with interest, such sums to be and remain liens upon the land until paid. Premises are conveyed subject to the following covenant or restriction: The parties of the second part for themselves, their legal representatives, distributees, and assigns, do hereby covenant with the party oftbe first part, its successors and assigns, that they will not use or permit the said land to be used for any purposes whatever, other than dwelling or residential purposes. That no building of any kind other than one dwelling shall be erected on said premiss which shall be constructed for use and occupancy by not more than one l~mily, plans for such dwelling to be submitted to and approved by the party, of the first pa~ before construction is started; that no garage shall be erected upon said premises unless it be erected us a p~ of the dwelling thereon, plan to be approved by thc party of the first part as above; the location of the dwelling to be approved by the party oftbe first part before construction is started. ARer completion no alteration or addition to such dwelling shall be made without the written consent of the party of the first part. The completion ora dwelling shall, however, be sufficient evidence of the approval of the plan thereof by the party of the first part; that no fence of any kind shall be erected or permitted on said premises (whether hedge or otherwise) more than three feet high; that no outside toilet shall be erected or permitted thereon, that no poul~, house of any kind, pig sty, or kennel for more than two dogs shall be erected or permitted upon .said premises: these covenants to be binding as real covenants running with the laad,'it being understood and made a condition thereof., however, that they may be alte~l or annulled at any time by the written consent of thc party of the first part without obtaining the consent of the owners of the adjoining land. RESERVING, HOWEVER, A LEGAL LIFE ESTATE, in and to the subject premises to the Grantor herein. 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 ~rem Jses. ['O HAVE AND TO HOLD thc premises herein ,granted unto thc pan?,.' of the second part, the 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 first part has not done or suffered anything whereby the said premises have been inc.mbcred in an)' way whatever, except as aforesaid. AND THE party of the first part. in compliance with Section 13 ofthe Lien Law, covenants that the party oftbe first part will receive the consideration for this conveyance and will hold the right to receive su6h consideration as a trust fund to be applied first for the puq~se o£paying the cost of thc improvement, and will apply the sa:nc first to the payment ofthe cost of the improvement belbre using any part of thc total of the .same for any other purpose. The word "party" shall be construed as iflt read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first pan has duly executed this deed thc day and year first above written. IN PRESENCE OF: FLORENCE A. HEESS STATE OF NEW YORK:COUNTY OF SUFFOLK) ss: On the~c~ ~'/day of October. 2002, before me, the undersigned., personally appeared FI.ORENCE A. HEESS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instmmcnt and aeknowled§ed to me thal she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalfof which the individual acted, executed the instrument. .JOSEPH H. GIBBONS NOIW¥ Public, State of New Ym'k No. 524618266 Qualified in Suffolk CounW Commismon Expires A~'il C.~rf i ficate #~ Prier Or. # ed / Mort~ni~e inslmmcat Pnge / ~llimt Fee · HandllnA Notmi~n ' Deed / kforf.~.ae, e 'lex Stnrn"~"~ -/.'FT _ Real Property Tnx ~e~ce/~ .f~e.cy Verification Dist. - .Sect on ]{ in~k_ .. . I....n.~_l 02049541 looo / ion~/F)---J~s c ha ~i[-'~--_s/R~ i~{~-p-r~ ~ ~r t ~ .O~tt c ~s_ t~.~il i{ , RF-'CORD & RRTIJiIN TO; Jo~ph H. G2bbon~, Eeq.' Caminlci· & C2bbons,. PO Box 846 - '... .Souchold~ -NV 11971 '5 Ini. liMs RECOROED 2002 Dec 17 02::$4716 PM Edu~ard P. Rceaine CLERK OF SUFFOLK COUHI'Y L DO0012225 P 792 DT# 02-19G40 · Recording, / FiJinB ,R~nmps Spuc./Assit. O~ Spuc. 1Add. Field for A~portionme.t~_ CPF Trix Due~ $ 0 X Suffolk Cot]: page fomx,{ l~n ofthe attached TO Thomas C. Hees~ and Christian G. Heess Title Compn.y hlfol'nifll{Oll Co. N~me S{~XJ(i~n~X~xJi_~j WONE Tide II = ---- .Recordin & Endorsement Pa ~rsatn and ~le ~d (SP~FY ~PE OF IN~) . made hy: 'lhe pre~s~ heroin is sihmted in In l)e Tm~m~h{p of . Southold E~,g t: l~Jrion -- · dr I-LAMI.Er of BOX'ES 5 'fl IRU 9 MUST {BE TYPED OR. PRINTED IN BLACK INK ONLY PRIOR TO RF-.COI~.DING OR FI LINO. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD NUmber of Pages~ 4 TRANSFER TAX NUMBER: O2-19640 Dietrlct~ 1000 Deed Amounb: Recorded .' At ~ LIBER: PAGE: Section: Block ~ 037.00 02.00 EXAMINED AND CHARGED AS FO~.LOWS $o.oo Received the Following Fees For Above Instrument Exemp~ Page/Filing $12.00 NO Handling COE $5.00 NO NYS SURCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $30.00 NO SCTM Transfer tax $0.00 NO Co~.Pres Fees Paid TRANSFER TAX NUMBER: 02-19640 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Ro~aine County Clerk, Suffolk County 12/17/2002 02~34~16 PM D00012225 792 Lot~ 004.000 $5.00 NO $15.00 NO $25.00 NO $0.00 NO $0.00 NO $0.00 NO $102.00 PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www.orps.state.ny.us or PHONE (518) 473-7222 t,.sook, , , %¢, RP - 5217 1.Lo~ion~°Pe~ L 195 I Parsons Blvd. L Southold East Marion 11939 z ~u~.~ L Heemm ~ Thomas C. [ ~ Hess Christian G. L 195 Parsons Blvd., PO Box 37 6. SelJer East Marion I NY I 11939 Florence A. FIRST NAME 7. Check the box below which most accurately describes the use of the prol~er~y at the time of sale: B 2 or 3 Family Residentiar Comme~cia Industrial SALE ]NFORMA~rlON I 1~. s.~. C~.t.a~t ~.~ I ~o~ / NONg prope~ included ia the sale ~ ~ 0 , 0 I ASSESSMENT INFORMATION Date should reflect the latest Final Assessment Roil and Tax Bill 18 Property Class I 2, ] ,O I--L~ 19. School District Name L~ 0ysterponds 68,0 i 1000-037.00-02.00-004. 000 ~ J l I j ~ ~ CERTIfiCATiON ~ ,01 195 I Parsons Blvd, PO Box 37 East Marion NY 11939 I SELLER Gibbons. Esq. BUYER'S ATTORNEY Joseph H.