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HomeMy WebLinkAboutL 12481 P 96 CONSUL!; YOUR LAWYER BEF-O[~ SIGNING THIS INSTRUMENT-TInS IN~'rRUMEI.rI' SHOULD BE USED aY LAWYERS ONLY THIS iNDENTURE, made the ay of -/, , Two Thousand Six BE'rWEEN DORIS S. GILBERT, residing at 191 Crest Drive, Tarrytown, New York 10591, as surviving tenant by thc entirety of Frank C. Gilbert, Jr., deceased on May 1 i, 2001; party of the first p~rt, and FRANK C, GILBERT, residing at 5 Aspen Court, Ossining, New York 10562, and CHARLES S. GILBERT, residing, at 17.1 .C..rest Drive, Tarrytown, New York 10591, as Tmstoz of the Gilbert Premises Trust; :,:,:.. .. '-'. ~-~ ~'~" ':" ''~' party ofthe second part,' . -o '~".":. · .'"..'--- ' '" ~ WITNESSETH, that the party of the first part, in consideration often dollars and other valuable consideration paid by the party of the second part. does he,by remise, release and quitclaim unto the party of the second part, the heirs or suceessers and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land. situate, lying and being at Bay View. in the Town of Southold, County of Suffolk and State of New York, bounded and de~ribed as follows:- BEGINNING at a monument on thc southerly line of North Parish Drive 135.0 feet easterly along said southerly line from Dayton Road; said point of beginning being the northeasterly comer of land of Callahan fi-om said point of beginning running along said southerly line of North Parish Drive, South 75 degrees 54 minutes 50 seconds East; a distance of 136.75 feet; THENCE along land of the party of the first part, two courses, as follows: (1) South 17 degrees 16 minutes 30 seconds West, a distance of 161.35 feet; THENCE (2) North 64 degrees 57 minutes 00 seconds West, a distance of 138.55 feet to a monument and said land of Callahan; TIIENCE along said land of Callahan, North 17 degrees 35 minutes 10 seconds East, a distance of 135.0 feet to the point of BEGINNING. SUI~IECT TO TIlE LIFE ESTATE OF TIlE GRANTOR, DORIS S. GILBERT. RESERVING, however, to thc party of the first part, her legal representatives and assigns, all rights to installation, maintenance, repair and replaccnnent of public utility lines, pipes, wires and conduits, along the surfhce, above the surfhce and below the suvaco of the highways adjoining said premises, and the right and privilege to cater upon thc premises herein described and lay, construct, erect and main~in therein or thereon sewer pipes, water or gas mains, telephone or electric light poles, wires or conduits, with all ordinary appurlenances and fittings; provided, however, that sewer pipes, mait~s, poles or conduits shall be laid, constructed or e~eted only within five (5) feet of the right of way or roadway line of said premises. SUBJECT TO COVENANTS AND RESTRICTIONS (SEE SCHEDULE "A" ATTACH ED HERETO) TOGETHER with all thc 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 Ihe center lines thereof; TOGETHER with the appurtenance.~ and all the estate and rights ofthe party ofthe first part in and to said premises; TO IIAVE AND TO'HOLD the premises herein granted unto the party of the second pan, the heirs or succ~,sors and assigns of the pat:t, y of the second I~art forever. AND the Imrty ofthe first pan, in compliance with Section 13 of the Lien Law, covenants that the part)/of the first part will receive the ennsiderstion for this eonv,o'ance and will hold the right to receive such consideration ns 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 ol'the cost of the improvement before using any part of the total of the stone for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. I N WI'FN ESS WHEREOF. the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Slald-'.l N.Y U,I'.U. fona ~$0~4- O~it~lJim l~.'~d · Unifima Ackmm-I~l~ment (ainsle ~h~*t ) Form 221& WITNESS SCHEDULE**A~ 1. That only one single-family dwelling house, for privat, c residential purposes, and a private garage for family usc, shall be built on said premises. No trailers, tents or camping shall be permitted and no occupancy of any such dwelling house shall be permitted until the outside and roof shall be fully and completely finished and paintcd. 2. That no buildings, structure or structures on, above or below the surface, other than public utility pipes or lines, shall be erected, constructed or maintained within 35 feet ofany lane, highway or road. 3. That no building, structure or structures on, above or below the surface, other than public utility pipes or lines, shall be cn.-cted, constructed or maintained within ten (10) feet of sideline boundaries and within five (5) feet of thc rear lines of said premises. 4. That no building, structure or structures shall be erected, constructed or maintained at a height in excess of two stories. Buildings shall be erected on cloud foundations of poured concrete or concrete blocks, and no buildings on posts shall be permitted. 5. That no dwelling hour, exclusive of garage, shall be erected on said premises which shall contain less than 1,000 square feet on the ground floor, exclusive of porches and garages. All plans and spccifications shall be subject to the approval of the party of the fist part, in writing, but such approval shall not be unreasonably withheld. 6. No nuisances and noises of any kind, unwholesome and offensive to the neighborhood, shall be permitted to exist on said premises, nor shall nay accumulation of rubbish, garbage, junk or materials of any kind be permittod to remain on said premises. No advertising signs, billboards or other sign devices shall be permitted on said premises, excepting a developer's sign or a "FOR SALE" and "FOR RENT" sign of reasonable dimensions. Owners shall cut the grass and keep the appearance of the premises in accordance with the standard of the community. No hedge or fence shall be allowed to be constructed over five (5) feet in height. 7. No fowl, poultry, animals or livestock shall be kept on said premises, except domcstic household pets. 8. There shall be no outside toilets or outhouses e~-'cted upon said prtnnises. An adequate septic tank or cesspool shall bc erected and maintained to take care of the sewage disposal. 9. Said premises shall be subj.cct to eleetri(~; electric light, gas and telephone easements on the surf~ace or below the surf~ace and above the surface along the roadway or lane adjacent to said premises. I O. No sand, earth or sod shall be removed from thc premises, or (..'xcavation be allowed to remain open .thereon, except as may be necessary at such times as building or landscaping operations are in progress. I 1. The said covenants and restrictions are hereby declared to be covenants and restrictions attached to and running with thc land. That such covenants and restrictions are to run tbr a period often (10) years and shall terminate on Nov. I, 1968. TO BE USED ONLY WHEN THE ACKNOWI.EDGMENT IS blADE IN NEW YORK STATE State of N,ev( York. County o ~f[l~:~,~=~ ss:I On the ~y o f .._~.jL~C.~._in the year 2~06 beroru mc. thc undctsigncd,'Rl~rsonally appeared DORIS S. GII.BERT personally known Io mc or proved to me on the basis of satisfaclory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she exceuted thc. sume in her capacity, and that by her signsture on the instrument, the individual, orthe person upon bchalfofwhich [he indix/idual .}gneXecuted th~n~t rume?~t. beforu me, Ihe undersil~ned, i~l~onally appeared FRANK C. GILBERT personally known to me or proved to mc un the basis of satisfactory evidence to be thc individual whose name is subscribed to the within insu~ment and acknowledged to rue that he executed thc nme in his capacity, and that by h~s signature on thc instrument, the individual, or the person upon bebalfofwhich the individual e~cuted the i~mmcnt. . k~rP*qv PUuu~ m*A'rE or Nk-W ygB( TO BE USED ONI.Y WIIEN THE ACKNOWI,EDGMENT IS MAI)E OUTSIDE NEW YORK STATE State (or District of Columbia. Territory, or Furcign Country) of On the day of in the year 2006, befnru mc. the undersigned, pcrsoually appeared pe~onally known to mc or proved to me on the basis ofantisfac~ory evidence to be the individual(s) wh(w,.e names(s) is (arc) subscribed to the within instrument and ecknowlcd§cd to mc that ha/she/thuy executed the same in his/her(their capecib'{ics), and that by bi=dhcrhheir signature(s) on thc instroment, the individual(s), or the pe.rson upon behalf of which the individual(;) acted, executed the instrumcm, and that such individual made such agpearancn before the undersigned in the (in~en the City or mher political subdivision) * (and insert the S~ate or Country or mher place thc acknowledgment was taken) oignamae and onicc of individual takin$ acknowl~dgmant) QUITCLAIM DEED DORIS S. GILBERT TO FRANK C. GILBERT and CHARLES S. GILBERT, as Trustees SECTION ~'~ - -- -- ..... :! .:. ,:: .:...,: ., .. . slier6,, ' Rnnorded at Request of COMMONWEALTIt LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: Commonwealth 'CONNORS AND SULLIVAN, I).C, 7620 Third Avenue Brooklyn, Ncw York 11209 Tel: {718)238-6500 Num. ber of p~ges TORRENS Serial # Cenificate # Prior Cfi. # RECORDED 2006 Nov ~0 03:58:54 PR Judith R. Pascale C'LEI~ OF 5UFFOLK L D00012481 P 096 OT# 06-148O6 Deed / Mortgage Instrument Page / Filin8 Fee Handling 'FP-584 / Notation EA-52 17 (County) EA-521 ? (State) R.P.T.S.A. Corem, of Ed. Affidavit Certified Copy Reg. Copy Other Deed / Mortgage Tax Stamp Sub Total Recording / Filing Stamps GRAND TOTAL Real Property Tax Secvice Aganey Verification 06035007 ~ooo oTzoo ozo~"h~6ooo Initials Satisfactions/Discharges/Releases List Property Owners Ma RECORD & RETURN TO: CONNORS AND SULLIVANs RC. ATTORNEYS AT LAW 7620 THIRD AVENUE BROOKLYN, NEW YORK 11209 Suffolk Th~s page forms pa,-t oflhe attached DORIS S. GILBERT TO FRANK C, OILRERT & CHARLES S. GILBERT, as Trustees Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec.lAssit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment Transfer Tax ~ ~ Mansion Tax The propen3, COvered by this monpga 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 insmtmenL 8 Cormnuflity Preservation Fund , ~ .ion Amount $ ~. ~ Vacant Land TD TD TD Title Company Information Co. Name Title # & Endorsement (SPEC{FY TYPE OF INSTRUi~) The lxemises herein is situated in SUFFOLK COUNTY, NEW YORK In the Towmbip o£.. ~34.~C3,.~ In the V~LLAGE or HAMLET of made by: L~X~:-q 5 THRU 9 .MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. SUFFOLK COUNTY CLERK RECOP. DS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 5 Receipt Number : 06-0115558 TPJ~NSFER TAX NUMBER: 06-14806 1000 Deed-Amount: Recorded: At: LIBER: PAGE: Section~ ~lock: 071.00 01.00 ~Y~MINEDANDCHARGEDAS FOLLOWS $ .0o Received the F~llowing Fees For Above Instrument Exempt Page/Filing $15.00 NO Handling COE $5.00 NO NYe SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $30.00 NO SCTM Transfer tax $0.00 NO Comm. Pres Fees Pa~d TPJ~NSFER TAX NUMBER: 06-14806 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascals County Clerk, Suffolk County 11/30/2006 03=58:54 PM D00012481 096 Lot: 029.000 Exempt $5.00 NO $15.00 NO $75.00 NO $0.o0 NO $0.00 NO $0.00 NO $155.00 i PLEASE TYPE OR-~-RESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www, orpe.state.ny,us or PHONE (518) 473-7222 COUNTY USE ONLY ,~ I 'c,. s.s '/, f.', a'. f. ' .E*L.""O.E"" -.--, 2 ~. Y. ~, 75L.,2~["'- .~.- 'RP-.,..,,...5217' I cm*.anzs s.., ~~ I GILB~T I10thor ~ ~ .~ Mt ~m ~ lmm) J GILB~T [ DORIS S. [ 191 Crest Drive I it of Parcels OR J~ Part BI a Parcel 'e.~ I Ix[ lo.I .... I tOnly If Pa~t M · Parcel] Cheek a~ It4y sPMY:. 4~. Flanmng ~ with Subdivision Autho,t¥ E,~at s [] ~ $ubdMs. im Approval was Reqaimd fe~ Tmnd~r [] 4C. ParcM Approved for Subdivision ~at h Mop Pmvlded [] GILBERT [ DORIS S. I 12. Data M Sale I Transfer Aoncultural [ [] Community Sewice CemmereJal j [.~ Industrial ~3.~,l,p,~, I , , ; , , ; , , _, O, 0 I (Full ~ale Price is the tMal amount pakl for Iho ~ Including ~nal pro~dy. AS~E~ME~ INF~MA~ON - Data should refle~ the lat~ Rnal A3~ssment Roll and Tax Bill 16, Yflr d ~ ~11 ~ I ~. ~ 17. T~ ~ Value ~ ~1 p.~ In ~W I Clll~k the be~ll hMow m they apply: it. Ovmarship Typo is Condominium ..... ': [] ': None J I CERTIFICATION I 5 I Aapen Court OSSINING I lqY I 10562 SELLER ,BUYER'S ATTORNEY .COI~'I{0RS AND SULLIVAN, P.C. CONNORS [ MICHAEL N. I NEW YORK STATE COPY