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Home My WebLink AboutL 12550 P 612Form ~002 (3/00) - Bar, in :md .%lc Dc~L wid~ (.'creams s~dmt CJnmtm's Acts - ~ or Cuq~unuion. (Sbll~ stx~) OONSI JLT YOUR LAWYER BE~,)RI~ S~Gr~IKG 'rliL~ Ih'b'TRUM ENT - 'llU$ I.N.STRUMIt N'r slier ~LD BE I.~ED BY LAWYE~ ONLY. THIS INDENTURE, made the 264 day of March. 2008 and BETWEEN I,coore F. Hardy, as exeeutor and mmee a/w/o Leonard L. Frank. and Lahore F. Hardy, as executor and trustee u/w]o Eleanor O. Frank with an address o1358B Broadway Mall, Hlrksville, New York 11801 party of the first part, and Town of Southold, a municipal corporation of the State of New York, having an address at 5309S Route 25. P.O. Box 1179, Southold. New York 11971 party of the second part. WITNESSETH, that the party oftbe first purl in consideration often dollars and other valuable consideration paid by the party of thc second purl does hereby grant and release unto the party of the second part. the heirs or successors and assil~s of thc pany of the second part forever, ALL that certain plot. piece or par0el of land, with the buildings and improvements thereon erected, situate, lying and being in tho SEE SCHEDULE A ATTACHED HERETO Whereas, said parcel shall remain in its natural state and be deemed open space. WHEREAS. this certain plot, piece or parcel of land more fully describ.'d herein shall remain in its cun'ent state and its open .,qrace areas shall be sterilized nnd remain as open space for the express purpose ofprotccting the aquifer and water supply and ssid open space areas shall be kept in a nntural state in perpetuity, excepting only property maintenance activities as may he appropriate to effcctuate Ihe foregoing purposes without impairing thc essential nature and open space character of the open space areas. This paragraph does not preclude the use ortho open space areas for passive recnration purposes. BEING a part of thc same premises conveyed to the party of the first pan by deed by GreanPort Shores, Inc., dated January 5, 1987, and recorded Murch 9, 1987 in Libor 10266 al Page 29 and Libor 10266 at Page 33. TOGETHER with all right, title and interest, if any, of the puny of the first part, in and to any strcets and roads abutting the abovc-clescribed premises to the center lines thereof; TOGETHER with the appurtenances and all the state and rights ortho party of thc first part in and to said premises; TO HAVE AND TO HOLD thc premises herein granted unto the party of the second part, the heirs or successors and assigns of the party ortho second part £orever. 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 pan, in compliance with Section 13 ofth¢ Lien Law, covenants that thc purty first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose ct'paying thc cost ortho improvement and will apply the same first to the payment ortho cost ortho improvement before usin8 any pan oftbe total of the same for any other purpose. The word "party" shall be constnled as if it read "parties" whenever the sense ofthis indenture so requires. IN WITNESS WIIEREOF, tile party of the first part haz duly executed this deed the day and year first above written. IN PRESENCE OF~ Lenore F. Hardy~ eX&u-toffand trustee u/xv/o Leonard L. Frank ~trustee u/w/o Eleanor O. Frank STATE OF NEW YORK ) COUNTY OF /~..,~,,~ ISS': On the J 1?1day or March in the year 2008, before me, the undersigned, personally appeared Lenore F. Hardy, personally known to me or proved to me on the basis of~atisractory evidence to be the individual whose name is subscribed to the within instrumcm and acknowledged to me that he exeemed the same in his capacity, and that by his signaturc on Iht instrument, the individual, or the person upon behalf of which the individual acted, executed the instruraent. w~ Coverture A~i~ Graau~'s ,~ LI:iNORE F. HARDY, AS EXECUTOR AND TRUSTEE U/W/O LEONARD L, FRANK AND I.ENORE F. HARDY, AS EXECUTOR AND TRUSTEE U/W/O EL.EANOR O. FRANK TC)WN OFSOUTHOLD DISTRICT: 1000 SECTION: 045.00 BLOCK: 05,00 LOTS: 7.001 COUNTY OR TOWN: Southold RETURN BY MAIL TO: [AMENDED 3/24/~) Lot 7.1: ALL that certain plot, piec~ or parcel of land with the buihiings und improvements thereon er~ sitanm, lyins and bein~ at Greunpm% Town of Soutbold, County of Suffolk, and fbe State of New York, known and designated as lots 26-74 inclusive on a c~n map entitled, · 'Mnp of Gmenpo~ Sbor~, Se~ion One" and filed in the Office of the Clerk of the County of Suffolk on Jun~ 2~, 1950 as M~p No. 17.59 ~ a des~thod pi~:e ndjn___~._t thetenl~ said lots nad =lescribed I:~U~el when taken Io~atber beh~ more p~rfieular]y bounded and described as follows: BEGINNING at a point at the Notthw_~*___*rl_ y ~omer of Shore Drive, said point being along the arc ora curve to the lcR with a radius of 2,832.00 feet and a length of $69.00 feet from the intersection of the Westerly side of Silvermete Road with the Northerly side of Shore Drive; THENCE along the Westerly side of Sho~ Drive South 06 degrees l0 minutes 06 seconds East, 140.61 feet to a point and thc Northeast comet of Fmnklin Avenue; TiIENCE along the Nmtbedy, Westetly and Southerly sides of Franklin Avenue tho following three (3) courses and distan~..s: i. Along the arc of a curiae to the left with a radius of 2,707.00 feet and a length of 646.28 feet to a point; 2. South 47 degrees 49 minutes 16 seconds Easl, 50.00 feet to a point; 3. Alon8 the arc of a curve to the right with a radius of 2,657.00 feet and a length of 607.72 feet to ~ I~__in_t ..al_o_n.§.~..c W. __cs_t.etJ_y__si.de..o.f $ .h~..~ D~..'.vc; THENCE alon8 the Westerly side o£ Shore Drive South 06 de~ces 10 minutes 06 seconds Eas~, 284.61 feet to a point and lhe Northeasterly comer of Waltet Avenue; THENCE along the Northerly, Westerly nmi Southerly sides of Whiter Avenue the following five (5) cour~e~ and distances: I. South 83 degrees 49 minutes 54 seconds West, 123.16 feet to a point; 2. South 42 degrees ] 0 minutes 44 seconds West, 321.25 feet to a point; 3. South 47 degrees 49 minutes 16 seconds -East, 50.00 feet 1o a point; 4. North 42 degrees I 0 minutes 44 soconds EasL 302.23 fcet to a point; 5. North 83 dclp'ccs 49 minutes 54 seconds East, 104.15 feet to a point along thc Westerly side of Shore Drive; (AMENDED 3/24/08) Lot 7.1: A. LL that certain plot, piece or parcel ofland with the buildings end improvements thereon ercotod, situate, lying and being at G~anport, Town of Southold, County of Suffolk, and The State of New York, known and desi~natod as lots 26-74 inclusive on a cert~n map entitled, · 'Map of Grccnpml Shores, Section One" and filed in the O~ce of the Clerk of the County of Suffolk on June 29~, 1950 as M~p No. 1759 and a describad piece adjacent therenf~ said lots and described pan:el when tskm toSether bcin8 more par~colady bounded and desc~bed ns follows: BEGINNING at a point si the Nmt~we~edy comer of Shore Drive, sa/d point being siong the nrc of a curve to the left with n radius of 2,832.00 feet and a length of 569.00 feet from the intersection of the Westerly side of Silvmnete Road with the No~bedy side of Shore Drive; THENCE along ~ Westerly side of Slate Drive ~outh 06 degrees l 0 minutes 06 seconds F~.% 140.61 feet to a point nad the Not~hesst comer of Franklin Avcoue; TIIENCE along the Northerly, Westeriy and Southerly sides of Franklin Avenue the following three (3) coorses and distances: I. Along the arc ofa con~e to the left with a radius of 2,707.00 feet and a length of 646.28 foe~ to a point; 2. South 47 degrees 49 minutes 16 seconds East, 50.00 feet to n point; 3. Along the arc ora curve to the right with a radius of 2,657.00 feet and a length of 607.72 feet THENCE alun8 the Wastedy side of Shore Drive South 06 desrees 10 minutes 06 seconds East, 284.61 feet to a point and the Northeasterly comer orr Walter Avenue; THENCE along the Northerly, Weatedy nmi Soudm-ly sides of Whiter Avenuo the following five (5) cour~e,~ and distances: I. South 83 degrees 49 minutes 54 seconds West, 123.16 feet to n point; 2. South 42 degrees 10 minutes 44 seconds West, 321.25 feet to a point; 3. South 47 degrees 49 minutes 16 seconds East. 50.00 feet to a poim; 4. North 42 degrees I 0 minutes 44 socunds East, 302.23 feet to a point; 5. North 83 degrcns 49 minutes 54 seconds Ea~ 104.15 fee~ to a point along the Westerly side of Shore Drive; THENCE along the Westerly side of Shore Drive the following tluee (3) corn and distances: I. South 06 degrees 10 minutes 06 seconds Ez.~t, 210.22 feet to a point; 2. South 38 dei,-~ees 09 minutes 04 seconds We,st, ~37.30 feel to a point; 3. South 20 degrees 44 minutes 04 seconds West, 41.97 feet to a point; THENCE South 51 degrees 50 minutes 56 seconds ~ 159.91 feet to the apparent high water mark o£P/pes Cove; TllENCE along the apparent hi~ water mark of Pipes Cove the following two (2) corn. s and distances: I. South 35 degrees 39 minutes 35 seconds West, 96.29 feet to a point; 2. South 20 degrees 35 minutes 18 s~onds West, 165.g2 feet to a point; THENCE North 69 degrees 24 minutes 38 seconds West, 410.24 feet to a point nnd the appazont high wa~er mark ofHpes Ner, k Creek; THENCE along the apparent hish wnter mark tho following eight (8) courses and diuances: I. North 33 degrees 59 minutes 29 seconds East, 23.43 fee~ to a point; 2. North 09 del~ees 32 minutes 40 seconds East, 133.32 feet to a point; 3. North 24 degrees 04 minutes 16 seconds West, 96.55 fee~ to a point; 4. North 06 dc~rees 58 minutes 34 seconds West, 126.95 feet to a point; 5. Notih 48 degrees 59 minutes 37 seconds West, 53.25 feel to a point4 6. North 69 degrees 41 minutes 54 seconds West, i)2.83 £oet to n point; 7. North 05 degrees 42 minutes 13 seconds West, 234.37 feet Io a point; 8. North 85 degrces 2! minutes ! 7 seconds West, 24.06 feet to a point along the Southerly side of'The Loml Island Railroad (M.T.A.); TIIENCE alonl~ the Southerly side of The Long Island Railroad (M.T.A.) the following four (¢) courses and distances: THENCE along thc Weslerly side of Shore Drive thc following three (3) courses and distanccs: I. South 06 degrees 10 minutes 06 seconds East, 210.22 feet to a point; 2. South 38 def,-~'ces 09 minutes 04 seconds West, $37.30 fee~ to a point; 3. South 20 degrees 44 minutes 04 seconds West, 41.97 feet to a point; THENCE South 51 deg~es 50 minu~s 56 seconds Eo~ 159.91 feet to the apparent high walcr mark of Pipes Covc; TllENCE along thc apparent high wat~- mark of Pipes Cove the following two (2) courses and distances.. I. South 35 degrees 39 minutes 35 seconds West, S}6.20 feet to a point; 2. South 20 dclpem 35 minutes 18 seconds West, 165.82 feet to 8 point: THENCE North 69 degrees 24 minutes 38 seconds West, 410.24 feet to a point nfld the appanmt high water mark of Pipes Neck Creek; THENCE along the apparent high water mm'k the follow;.ng eight (8) courses and distances: I. North 33 degrees 59 minutes 29 seconds East, 23.43 feat to a point; 2. Noflh 09 degrees 32 minutes 40 seconds ~ 133.32 t'ect to n point: 3. North 24 degrees 04 minntes 16 seconds West. ~6.55 feet to a point 4. North 06 degrees 58 minutes 34 seconds West, 126.95 feet to n point; 5. North 48 degrees 59 minutes 37 seconds West, 53.25 feet to a point; 6. North 69 degrees 41 minutes 54 seconds West, ~}2.83 feet to n point; 7. North 05 degrees 42 minutes 13 seconds West, 234.37 feet to a point; 8. North 85 degrees 21 minutes ! 7 ~econds West, 24.06 f'ee~ to n point along the Southerly side of'TJ~e Long Island Railroad 0M.T.A.); TilENCE along thc Southerly side of'The Long Island Railroad (A'I.T.A.) thc following tour (4) c0t e nd dis nces: RIDER TO DEED BETWEEN ROBERT W. STACKLER and WALTER L. STACKLER, aa ancillary executors of LW&T of WALTER G. STACKLER; FRANKLIN L. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors & trueteas of LW&T of LEONARD L. FRANK; WALTER L. STACKLER and ROBERT W. STACKLER, as ancillary executom under LW&T of IDA M. STACKLER; and FRANKUN F. FRANK, CHARLE$ L. FRANK and LENORE F. HARDY, as executom of the LW&T of ELEANOR O. FRANK to TOWN OF SOUTHOLD DATED March 26, 2008 AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the 'Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town pdor to any such amendment. This covenant shall run with the land in perpetuity. TOWN OF SOUTHOLD STATE OF NEW YORK ) COUNTYOF SUFFOLK ) Deputy Town Supervisor )SS: On the 26~h day of' March 2008, before me personally appeared JOHN P.. SEPENOSKI, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instnJment, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. . _ Notary Public PATRICIA L. FALl. ON Notar/Publl~, State Of New York No. 01FA4;150148 Qualll'led In Suffolk County Commlaa~on Ex~ea .~,~xf~ 2~ ,~// SUFFOLK COUNTY CLERIq RECORDS OFFZCE RECORD TNG PAGE T~po o£ Zns~'umont: D~ l~m~S= o£ P&gea: 7 Re~e4pt l~m~Bz : 08-0043982 TRANSFER TAX NUNBER: 07-26315 1000 D~d. Amount;: At: LIBER: PAGE: Section: Block: 045.00 05.00 ~320,477.59 05/12/2008 12:14:04 P~ D00012550 612 007.001 Page/Filing $21.00 NO Handl. ing COE $5.00 NO NYH 8RCHG SA-CTS,' $5.00 NO EA-STATE TP-584 $5.00 HO Ce~t. Copies ~0.00 HO R.VT T~:&nsfe= tax $0.00 H0 Corm. Pres 'l'l~121'8~r,R TAX ~: 07-26315 THT$ PAGE TS A FART OF THE TNST~U~HT THZS ZS NOT A BZLL $5.00 NO $15. oo No 65.00 HO $0.00 HO $30.00 NO $0.00 lm ~251.00 d~uctit, h A. ~&so~le Count~ Clerk, Su££olk Coun2~ Number of pages /~ This document will be public lecord. Please remove all 5ocl,.~1 Security Numbers prlo~r to recording. Mortgage I~uument 3 Page / F;lllng Fee Handling 5. 00 TP-584 ~ NotaUon EA-SZ 17 (Couflty) ~ EA-5;Z 17 iStat~) __/_.~ .~ R.P.T.5.A. ~ Cu~nm. of Ed. 5. 00 Al'fk;Javl~t CerUfled Copy 2Q0~ Harj 12 12:14:04 PH .ludith Gl. Pascale ~JFFOLK L D000125§0 P 612 DT# 07-26~15 Deed I Moflgaga Tax Stamp FEES Sub Total flm~vdlng I Filing Stamps Mortgage Alnt. 1. [lash: Tax 2. Additional Tax Sub Total $1~.JAsslt. or Spec./Add. TOT. MTG. TAX. ' ' Dual Town Dual County Held for Appulntmant ~ Transfer Tax ~" The properly covmad by thb mortgege is or wlfl be Imixoved by a one ur two NY$ Sm~harge 15~ ~ ,Sub Total ~ ' ~ Y~ or NO. Other Gra~Total~. , If NO,..pw~.. ee' ~AY~ Vellfl~l~. [ CPJr T~ Due 6 RECORD & RETURN TO:. Mall to; Judith A. Pas~ 5ufTolk Coul~ty Oerk 310 Center Drive, Rlverhead, NY 11Y01 Co. Nam~ www,suffolkcountyny.gov/derk Improved. Vacant L~nd TD ~D *ID Title Company Information 8 This page forms part of the attached by: Suffolk County Recording & Endorsement Page TO (SPECIFY'I'YPE OF INSTRUI~.NT~ The premises heroin Is situated In 5UF~ C~, N~ Y~ In ~e TOWN of ~O ~ ~ ~' In the ~GE BOXF.5 6 THRU 8 MUST lie 1TPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FLUNG. mede toverl PLF.~-I'YPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: hLtp://www.orp$.$tate.ny.us or PHONE (518) 473-7222 L I # of P~cCI~ OR P~t of · Parent ~.= [ J x I Io, I . . ,,~.,,2,. ~t.O I ,.bu. L AI~xoY I , I I I I J L _1 ~ 8ELLEfl I NEW YORK STATE COPY